reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0021 - How does being a migrant or seasonal farmworker affect my application for Basic Food?

Current through Register Vol. 24-14, July 15, 2024
The rules in this section apply to Basic Food
				  assistance.
(1) A migrant farmworker
				is a person who travels away from home on a regular basis, usually with a group
				of other workers, to seek employment in an agriculturally related activity. A
				migrant assistance unit is an assistance unit that travels for this
				purpose.
(2) A migrant assistance
				unit (AU) is an AU that travels for this purpose.
(3) A seasonal farmworker is a person who:
(a) Does agricultural work on a farm for
				edible crops; and
(b) Is not
				required to be away from their permanent place of residence overnight in order
				to perform this work.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0030 - Do I need to submit other information after I apply for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) When we get
				your application for benefits, we decide if other information is needed to
				determine your eligibility for benefits. If so, we give you:
(a) A written request for what is needed and
				for proof if required under WAC
				388-490-0005; and
(b) At least ten calendar days to give us the
				information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0035 - How long does the department have to process my application?

Current through Register Vol. 24-14, July 15, 2024
(1) We must process
				your application as quickly as possible. We must respond promptly to your
				application and to any information you give us. We cannot delay processing your
				request by using the time limits stated in this section as a waiting period for
				determining eligibility.
(2) Unless
				your eligibility determination is delayed for good cause under WAC
				388-406-0040, we process your
				application for benefits within thirty calendar days, except:
(a) If you are applying for aged, blind, or
				disabled (ABD) cash assistance, or a referral to the housing and essential
				needs (HEN) program, we must process your application within forty-five
				calendar days unless there is good cause as described in WAC
				388-406-0045.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0040 - What happens if the processing of my application is delayed?

Current through Register Vol. 24-14, July 15, 2024
(1) We process your
				application for benefits as soon as possible. We do not intentionally delay
				processing your application for benefits for any reason. If we have enough
				information to decide eligibility for Basic Food, we promptly process your
				request for benefits even if we need more information to determine eligibility
				for cash.
(2) If you have completed
				your required interview under WAC
				388-452-0005 and we have enough
				information to determine eligibility, then we promptly process your application
				even if it is after thirty days from the date of your application.
(3) If additional information is needed to
				determine eligibility, we give you:
(a) A
				written request for the additional information; and
(b) An additional thirty days to provide the
				information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0045 - Is there a good reason my application for cash assistance has not been processed?

Current through Register Vol. 24-14, July 15, 2024
If your application for cash assistance is not processed
				  within the time limits under WAC
				  388-406-0035, the department must
				  decide if there is a good reason for the delay. This good reason is also called
				  "good cause."
(1) We do not have a
				good reason for not processing your application for TANF or SFA within thirty
				days if:
(a) We did not give or send you a
				notice of what information we needed to determine your eligibility within
				twenty days from the date of your application;
(b) We did not give or send you a notice that
				we needed additional information or action within five calendar days of the
				date we learned that more information was needed to determine
				eligibility;
(c) We did not process
				your application within five calendar days from getting the information needed
				to decide eligibility; and
(d) We
				decide good cause exists but do not document our decision in the case record on
				or before the time limit for processing the application ends.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0050 - How do I know when my application is processed?

Current through Register Vol. 24-14, July 15, 2024
(1) You're application is processed when:
(a) We approve or deny benefits;
				and
(b) We give or send you a
				letter telling you if you are eligible to get benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0055 - When do my benefits start?

Current through Register Vol. 24-14, July 15, 2024
The date we approve your application affects the amount of
				  benefits you get. If you are eligible for:
(1) TANF or SFA cash assistance, your
				benefits start:
(a) The date we have enough
				information to make an eligibility decision; or
(b) No later than the thirtieth day from the
				date of application; or
(c) Once
				you have completed the WorkFirst orientation if required under WAC
				388-400-0005(2) 
				or 388-400-0010(3),
				back to the date we received all other information needed to determine
				eligibility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0056 - When does my eligibility for referral to the housing and essential needs (HEN) program begin?

Current through Register Vol. 24-14, July 15, 2024
This section applies to referrals to the housing and
				  essential needs (HEN) program.
(1) If
				you meet the eligibility requirements in WAC
				388-400-0070, HEN referral
				eligibility begins:
(a) The date we have
				enough information to make an eligibility decision; or
(b) No later than the forty-fifth day from
				the date we receive your application.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0060 - What happens when my application is denied?

Current through Register Vol. 24-14, July 15, 2024
(1) We (the department) deny your application
				for cash or Basic Food benefits if:
(a) You
				do not show for your interview appointment for cash or Basic Food if required
				under WAC
				388-452-0005, you have not
				rescheduled, and your application is over thirty days old; or
(b) We do not have the information we need to
				determine your eligibility within ten days of requesting the information from
				your assistance unit (AU) under WAC
				388-490-0005, and you did not ask
				for additional time to give us the information; or
(c) Your entire AU does not meet certain
				eligibility criteria to get benefits; or
(d) For Basic Food, your application has not
				been processed by the sixtieth day because of a delay on your part.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-406 - Applications › Section 388-406-0065 - Can I still get benefits even after my application is denied?

Current through Register Vol. 24-14, July 15, 2024
(1) If we (the
				department) deny your application for benefits, we can redetermine your
				eligibility for benefits without a new application if:
(a) For cash , you give us the information we
				need within thirty days from the date we denied your application;
(b) You stop participating as required to
				reopen cash assistance under WAC
				388-310-1600(12)
				 due to one of the good reasons described in
				WAC 388-310-1600(3) 
				or because you get an excused absence, as described in WAC
				388-310-0500(5);
(c) For Basic Food, you give us the
				information we need within sixty days of the date you applied for
				benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0005 - What is a cash assistance unit?

Current through Register Vol. 24-14, July 15, 2024
(1)
				For all sections of this chapter:
(a)
"We"
means the department of social and health services.
(b)
"You"
means a person that is
				applying for or getting benefits from the department.
(c)
"Assistance unit"
or
"AU"
is the group of people who live together and whose income or
				resources we count to decide your eligibility for benefits and the amount of
				benefits you get.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0015 - Who must be in my assistance unit for temporary assistance for needy families (TANF) or state family assistance (SFA)?

Current through Register Vol. 24-14, July 15, 2024
If you live with any of the following people, we must include
				  them in your TANF, SFA, or combination TANF/SFA AU:
(1) The child you are applying for and:
(a) The child's full, half or adoptive
				sibling(s);
(b) The child's natural
				or adoptive parent(s) or stepparent(s); and
(c) If you are a pregnant minor or minor who
				is a parent and you live with your parent(s), we include your parent(s) if
				they:
(i) Need assistance; and
(ii) Provide the primary care for you, your
				child, or your siblings. We count full, half, or adoptive siblings as your
				sibling.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0020 - When am I not allowed to be in a TANF or SFA assistance unit?

Current through Register Vol. 24-14, July 15, 2024
Some people cannot be in an AU for TANF or SFA. This section
				  describes who cannot be in your TANF or SFA AU and how this will affect your
				  benefits.
(1) We do not include the
				following people in your TANF or SFA AU:
(a) A
				minor parent or child who has been placed in Title IV-E, state, or
				locally-funded foster care unless the placement is a temporary absence under
				WAC 388-454-0015;
(b) An adult parent in a two-parent household
				when:
(i) The other parent is unmarried and
				under the age of eighteen; and
(ii)
				We decide that your living arrangement is not appropriate under WAC
				388-486-0005.
(c) A court-ordered guardian,
				court-ordered custodian, or other adult acting
in loco
				parentis
(in the place of a parent) if they are not a relative of one
				of the children in the AU as defined under WAC
				388-454-0010; or
(d) Someone who gets SSI benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0020 - When am I not allowed to be in a TANF or SFA assistance unit (AU)?

Current through Register Vol. 24-14, July 15, 2024
Some people cannot be in an AU for TANF or SFA. This section
				  describes who cannot be in your TANF or SFA AU and how this will affect your
				  benefits.
(1) We do not include the
				following people in your TANF or SFA AU:
(a) A
				minor parent or child who has been placed in Title IV-E, state, or
				locally-funded foster care unless the placement is a temporary absence under
				WAC 388-454-0015;
(b) An adult
				parent in a two-parent household when:
(i) The
				other parent is unmarried and under the age of 18; and
(ii) We decide your living arrangement is not
				appropriate under WAC 388-486-0005.
(c) A court-ordered guardian, court-ordered
				custodian, or other adult acting
in loco parentis
(in the
				place of a parent) if they are not a relative of one of the children in the AU
				as defined under WAC 388-454-0010; or
(d) Someone who gets SSI benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0025 - When can I choose who is in my TANF or SFA assistance unit?

Current through Register Vol. 24-14, July 15, 2024
If you are a child's parent or other caretaker relative (a
				  relative who cares for the child's basic needs as defined in WAC
				  388-454-0010
				  ), use the table below to find who you may choose to include or exclude in your
				  TANF or SFA AU. If you include a child in your AU, it could cause you to get
				  more or less benefits. If someone is not allowed in the AU under WAC
				  388-408-0020,
				  you cannot choose to include them in your TANF or SFA AU.
(1) If you are the parent of the child, you may
							 choose whether or not to include:
(a) Yourself in the AU if the child gets SSI;
							 and
(b) The child in the AU if:
(i) You already receive TANF or SFA;
(ii) You are not married to the child's other parent;
							 and
(iii) The child lives with both parents.
(2) If you are not the child's parent, and do not
							 live with the parents of the child, you may choose to:
(a) Include yourself if you are a relative defined in
							 WAC
							 388-454-0010;
(b) Include someone else that cares for the child an
							 d is a relative defined in WAC
							 388-454-0010;
							 or
(c) Receive a grant for the child only and:
(i) Exclude a full, half, or adoptive sibling if that
							 sibling:
(A) Receives income; or
(B) Would otherwise cause the household to be
							 ineligible, with the exception of noncompliance sanction.
(3) If you are the child's parent or caretaker
							 relative, you may choose whether or not to include any of the following
							 children:
(a)Brothers or sisters of a child who gets
							 SSI;
(b)Stepsisters and stepbrothers of a child;
							 and
(c)Other children that are not the child's brother or
							 sister.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.08.090. 05-02-017, §
					 388-408-0025, filed 12/27/04, effective 1/27/05. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.057, 2000 2nd sp.s. c 1.
					 01-03-121, § 388-408-0025, filed 1/22/01, effective 3/1/01. Statutory
					 Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-408-0025, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0030 - What children must be in the same TANF or SFA assistance unit?

Current through Register Vol. 24-14, July 15, 2024
A child who applies for or gets TANF or SFA must be in the
				  same AU as other children who get TANF or SFA and live with the same:
(1) Caretaker relative;
(2) Court-ordered guardian or court-ordered
				custodian; or
(3) Adult acting
in loco parentis
.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.057, 2000 2nd sp.s. c 1.
					 01-03-121, § 388-408-0030, filed 1/22/01, effective 3/1/01. Statutory
					 Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-408-0030, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0034 - What is an assistance unit for Basic Food?

Current through Register Vol. 24-14, July 15, 2024
For all sections of this chapter:
"We"
means the department of social and health
				  services;
"You"
means any person applying for or receiving
				  benefits from the department including minor children;
"Assistance unit"
or
"AU"
is the
				  group of people who live together and whose income and resources we count to
				  decide if you are eligible for benefits and the amount of benefits you
				  get.
"Boarder"
means a person who:
(1) We decide pays a reasonable amount for
				lodging and meals; or
(2) Is in
				foster care.
"Live-in attendant"
means a person who lives in
				  the home and provides medical, housekeeping, childcare, or similar personal
				  services an AU member needs because:
(1) A member is aged, incapacitated, or
				disabled;
(2) A member of the AU is
				ill; or
(3) A minor child in the AU
				needs childcare.
"Parent"
means a natural, step, or adoptive
				  parent. A stepparent is not a parent to a child if the marriage to the child's
				  natural parent ends due to divorce or death.
A person who lives with you pays a
"reasonable
				  amount"
for meals if:
(1) You
				provide two or more meals a day and they pay at least the maximum allotment
				under WAC
				388-478-0060 for their AU size;
				or
(2) You provide one meal a day
				and they pay at least two-thirds the maximum allotment under WAC
				388-478-0060 for their AU size.
"Roomer"
means a person who pays for lodging,
				  but not meals;
A person has a
"separate residence"
from an AU
				  if they have separate living, cooking, and sanitation facilities.
"Spouse"
means your husband or wife through a
				  legally recognized marriage.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0035 - Who is in my assistance unit for basic food?

Current through Register Vol. 24-14, July 15, 2024
(1) A person must be in your assistance unit
				if they live in the same home as you and regularly buy food or prepare meals
				with you.
(2) If the following
				people live with you, they must be in your assistance unit even if you do not
				usually buy or prepare food together:
(a) Your
				spouse;
(b) Your parents if you are
				under age 22;
(c) Your children
				under age 22;
(d) The parent of a
				child who must be in your assistance unit;
(e) A child under age 18 who does not live
				with their parent unless the child:
(i) Is a
				foster child;
(ii) Is emancipated;
				or
(iii) Is not financially
				dependent on an adult in the assistance unit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0040 - How does living in an institution affect my eligibility for Basic Food?

Current through Register Vol. 24-14, July 15, 2024
(1) For basic food,
				an "institution" means a place where people live that provides residents more
				than half of three meals daily as a part of their normal services.
(2) Most residents of institutions are not
				eligible for basic food.
(3) If you
				live in one of the following institutions, you may be eligible for basic food
				even if the institution provides the majority of your meals:
(a) Federally subsidized housing for the
				elderly;
(b) Qualified drug and
				alcohol treatment centers when an employee of the treatment center is the
				authorized representative as described under WAC
				388-460-0010;
(c) Qualified developmental disabilities
				administration (DDA) group homes for persons with disabilities;
(d) A shelter for battered women and children
				when the resident left the home that included the abuser; or
(e) Nonprofit shelters for the
				homeless.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0045 - Am I eligible for Basic Food if I live in a shelter for battered women and children?

Current through Register Vol. 24-14, July 15, 2024
(1) You may be
				eligible for Basic Food benefits if you live in a shelter for battered women
				and children.
(2) If you live in a
				shelter for battered women and children and you left an assistance unit (AU)
				that included the abuser, as a separate AU for Basic Food:
(a) You may get additional amount of Basic
				Food benefits even if you received benefits with the abuser.
(b) The department will decide your
				eligibility and benefits based on:
(i) The
				income and resources you have access to; and
(ii) The expenses you are responsible
				for.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0050 - Does the department consider me homeless for Basic Food benefits?

Current through Register Vol. 24-14, July 15, 2024
The department considers you as homeless if you do not have a
				  regular nighttime residence or when you stay primarily in a:
(1) Supervised shelter that provides
				temporary living or sleeping quarters;
(2) Halfway house that provides a temporary
				residence for persons going into or coming out of an institution;
(3) Residence of another person that is
				temporary and the client has lived there for ninety days or less; or
(4) A place not usually used as sleeping
				quarters for humans.
Statutory Authority:
					 RCW
					 74.04.050, 74.04, 055 [74.04.055],74.04.057 ,
					 74.04.510. 03-19-118, § 388-408-0050, filed 9/16/03, effective 11/1/03.
					 Statutory Authority:
					 RCW
					 74.04.057,
					 74.04.500,
					 74.04.510. 01-21-060, §
					 388-408-0050, filed 10/16/01, effective 12/1/01. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-408-0050, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0060 - Who is in my assistance unit for aged, blind, or disabled (ABD) cash assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				an adult that is aged, blind, or likely to be disabled as defined in WAC
				388-400-0060 and
				388-449-0001, you can be in a ABD
				cash assistance unit (AU);
(2) If
				you are married and live with your spouse, we decide who to include in the AU
				based on who is aged, blind, or likely to be disabled:
(a) If you are both aged, blind, or likely to
				be disabled as defined in WAC
				388-400-0060 and
				388-449-0001, we include both of
				you in the same AU.
(b) If only one
				spouse is aged, blind, or likely to be disabled, we include only the aged,
				blind, or likely to be disabled spouse in the AU. We count some of the income
				of the spouse that is not in the AU as income to the AU under WAC
				388-450-0137.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-408 - Assistance units › Section 388-408-0070 - Who is included in my assistance unit when the department determines eligibility for referral to the housing and essential needs (HEN) program?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are an
				adult who is incapacitated as defined in WAC
				388-447-0001, you are included in
				the housing and essential needs (HEN) referral assistance unit (AU).
(2) If you are married and live with your
				spouse, we decide who to include in the AU based on who is incapacitated:
(a) If both spouses are incapacitated as
				defined in WAC
				388-447-0001, we include both
				spouses in the same AU.
(b) If only
				one spouse is incapacitated, we include only the incapacitated spouse in the
				AU. We count some of the income of the other spouse under WAC
				388-450-0138.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0001 - What is a cash assistance overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) An overpayment is any cash or medical
				assistance paid that is more than the assistance unit was eligible to
				receive.
(2) There are two types of
				cash/medical overpayments:
(a) Intentional
				overpayments, presumed to exist if you willfully or knowingly:
(i) Fail to report a change you must tell us
				about under WAC
				388-418-0005 within the time
				frames under WAC
				388-418-0007; or
(ii) Misstate or fail to reveal a fact
				affecting eligibility as specified in WAC
				388-446-0001.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0005 - Cash assistance overpayment amount and liability

Current through Register Vol. 24-14, July 15, 2024
(1) The amount of overpayment for cash
				assistance households is determined by the amount of assistance received to
				which the assistance unit was not entitled.
(2) Cash overpayments are recovered from:
(a) Any adult member of an overpaid
				assistance unit, whether or not the member is currently a recipient;
(b) Any assistance unit of which an adult
				member of the overpaid assistance unit has subsequently become a member;
				or
(c) A nonneedy caretaker
				relative or guardian who received assistance for a child who is in the
				assistance unit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0010 - Repayment of grant overpayment occurring prior to April 3, 1982, and resulting department error

Current through Register Vol. 24-14, July 15, 2024
(1) An assistance
				unit will not be held liable for an overpayment occurring prior to April 3,
				1982, which was caused by departmental error, until the department determines
				recovery would not be inequitable. Recovery is considered inequitable if:
(a) The department informed the recipient or
				the recipient's authorized representative that the recipient was entitled to
				part or all of the financial assistance or services overpaid; or
(b) The department acted in a manner which
				would reasonably lead the recipient to believe he/she was eligible to receive
				the assistance or services overpaid; and
(c) The recipient retained or accepted the
				assistance with the understanding that he/she had the right to rely upon the
				information received from the department; and
(d) The recipient would suffer an injury if
				the department were allowed to refuse to recognize the department's admission,
				statement, act or omission; and
(e)
				Injury as used in this section includes liability for repayment of a debt due
				the state.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0015 - Recovery of cash assistance overpayments by mandatory grant deduction

Current through Register Vol. 24-14, July 15, 2024
(1) All
				overpayments of cash assistance are recovered by means of a mandatory deduction
				from future continuing assistance grants except:
(a) When a nonneedy caretaker relative or
				guardian was assessed an overpayment for a child who is not currently part of
				the assistance unit or,
(b) As
				specified by WAC
				388-410-0010.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0020 - What happens if I receive more Basic Food or WASHCAP benefits than I am supposed to receive?

Current through Register Vol. 24-14, July 15, 2024
(1) If you
				receive more Basic Food, FAP, or WASHCAP benefits than you were supposed to
				receive, your assistance unit (AU) has an overpayment. There are three types of
				overpayments:
(a)
Administrative error
				overpayment:
When you received too many benefits because the department
				made a mistake.
(b)
Inadvertent household error overpayment:
When you received too
				many benefits because you made a mistake or didn't understand what you were
				supposed to do.
(c)
Intentional program violation (IPV) overpayment:
When you received
				too many benefits because you broke a federal food assistance rule on purpose.
				If you have an IPV, you could be disqualified from receiving Basic Food or
				WASHCAP benefits under chapter 388-446 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0025 - Am I responsible for a food benefits overpayment in my assistance unit?

Current through Register Vol. 24-14, July 15, 2024
If your assistance unit (AU) received more Basic Food, FAP,
				  or WASHCAP benefits than it was supposed to receive, your AU has an
				  overpayment. If you have an overpayment, we determine the amount you were
				  overpaid and set up a claim to recover this overpayment.
(1) We set up an overpayment for the full
				amount your AU was overpaid for every adult AU member at the time your AU was
				overpaid.
(2) Except as provided in
				WAC 388-410-0030 and
				388-410-0033, each adult member
				is responsible for the whole overpayment until we recover the entire amount of
				the overpayment. We do not collect more than the amount your AU was
				overpaid.
(3) If we determine you
				are responsible for an overpayment, you are responsible for the overpayment
				even if you are now in a different AU than you were when you had the
				overpayment.
(4) You may be
				responsible for a Basic Food, FAP, or WASHCAP overpayment even if it was the
				department's fault you were overpaid.
(5) Equitable estoppel, described under WAC
				388-02-0495, does not apply to
				Basic Food, FAP, or WASHCAP overpayments. Federal law provides that your AU is
				responsible for repaying any overpayment of benefits, as stated in
				7 U.S.C.
				§2022 (a)(4) and
				7 C.F.R.
				§273.18 (a). Federal law does not permit
				states to make exceptions based on equitable estoppel, as stated in the Federal
				Register at volume 63, page 29307 and volume 65, page 41765. This also applies
				to FAP overpayments because under
				RCW
				74.08A.120, FAP rules must follow federal
				food assistance rules.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090. 06-20-062, §
					 388-410-0025, filed 9/29/06, effective 11/1/06. Statutory Authority:
					 RCW
					 74.04.057,
					 74.04.500,
					 74.04.510, 7 C.F.R. 273.18.
					 02-06-090, § 388-410-0025, filed 3/1/02, effective 4/1/02. Statutory
					 Authority:
					 RCW
					 74.04.510. 01-14-032, § 388-410-0025,
					 filed 6/28/01, effective 8/1/01. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-410-0025, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0030 - How does the department calculate and set up my basic food, FAP, or WASHCAP overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) We
				calculate the amount of your basic food, Washington combined application
				project (WASHCAP), or food assistance program for legal immigrants (FAP)
				overpayment by counting the difference between:
(a) The benefits your assistance unit (AU)
				received; and
(b) The benefits your
				AU should have received.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0033 - How and when does the department collect a basic food, FAP, or WASHCAP overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) After
				we set up a basic food, Washington combined application project (WASHCAP), or
				food assistance program for legal immigrants (FAP) overpayment under WAC
				388-410-0030, we collect the
				amount you were overpaid even when the total is less than those in WAC
				388-410-0030(4)(b) or
				(c). This includes when we:
(a) Modify an established overpayment to an
				amount we would not have to set up under WAC
				388-410-0030(5);
				or
(b) Establish an overpayment
				that we do not have to establish under WAC
				388-410-0030(4).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0035 - Are alien and alien sponsors jointly responsible for cash and food assistance overpayments?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following applies to cash assistance overpayments:
(a) When a cash overpayment to a sponsored
				alien results from incorrect information provided by the alien's sponsor, both
				the alien and their sponsor are jointly and individually liable for the cash
				assistance overpayment made to the sponsored alien during the three years after
				the alien's entry into the United States.
(b) Collection action is initiated against
				the sponsored alien's cash assistance unit for an inadvertent household error
				when:
(i) Collection action is taken first
				against the alien's sponsor; and
(ii) The alien's sponsor does not respond
				within thirty days; or
(iii) The
				sponsored alien provides incorrect information concerning the sponsor or
				sponsor's spouse through misunderstanding or unintended error.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-410 - Benefit error › Section 388-410-0040 - Cash and food assistance underpayments

Current through Register Vol. 24-14, July 15, 2024
(1) All cash assistance underpayments not
				credited against an overpayment are repaid upon discovery to any current or
				former recipient.
(2) All food
				assistance benefits underpaid are restored when:
(a) An underpayment was caused by department
				error;
(b) An administrative
				disqualification for intentional program violation was reversed;
(c) A rule or instruction specifies
				restoration of unpaid benefits; or
(d) A court action finds benefits were
				wrongfully withheld.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0005 - General information about your cash benefits

Current through Register Vol. 24-14, July 15, 2024
(1) Each separate cash assistance unit (AU)
				gets a separate benefit amount. If several AUs live in the same house, each AU
				gets a separate benefit amount.
(2)
				You cannot receive the same type of benefits in:
(a) Two states in the same month;
				or
(b) Two AUs in the same month;
				unless
(c) You left the AU to live
				in a shelter for battered women and children. See WAC
				388-408-0045.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0010 - Endorsing the warrant

Current through Register Vol. 24-14, July 15, 2024
(1) Clients must
				endorse their warrants unless they have executed a power of attorney. If a
				client has given someone else a power of attorney, the client must give the
				department a copy.
(2) If a client
				is unable to sign the warrant, it must be endorsed by the client's mark or
				thumb print witnessed by two people. The witnesses must give their names and
				addresses to the person that cashes the warrant.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-412-0010, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0015 - General information about your food assistance allotments

Current through Register Vol. 24-14, July 15, 2024
(1) Your monthly
				allotment under the Washington basic food program, food assistance program for
				legal immigrants (FAP), Washington combined application project (WASHCAP), or
				the transitional food assistance (TFA) program is the total dollar value of
				benefits your assistance unit (AU) receives for a calendar month.
(2)
How we determine monthly
				allotments:
(a) We calculate your
				monthly allotment for federally funded basic food as described under WAC
				388-450-0162.
(b) We calculate your monthly allotment for
				state-funded food assistance as described under WAC
				388-400-0050.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0020 - When do I get my benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) If you
				get your cash benefits on an electronic benefits card (EBT), you get your cash
				benefits deposited on the first of each month.
(2) If you get your cash benefits deposited
				directly to your bank account by electronic funds transfer (EFT), your money is
				deposited on the first working day of the month. When the first of the month is
				a federal holiday or a Sunday, the benefits are deposited the following
				day.
(3) If you get basic food,
				your benefits are issued by the twentieth day of each month. Our eligibility
				system automatically assigns the day you get your benefits when we approve your
				basic food. We tell you the date you will get your monthly benefits on your
				approval letter.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510. 03-22-038, §
					 388-412-0020, filed 10/28/03, effective 12/1/03. Statutory Authority:
					 RCW
					 74.04.510 and
					 74.08.090. 02-18-105, §
					 388-412-0020, filed 9/3/02, effective 10/4/02; 01-18-054, § 388-412-0020,
					 filed 8/30/01, effective 9/30/01. Statutory Authority:
					 RCW
					 74.04.510,
					 74.08.090,
					 74.04.055,
					 74.04.057 and S. 825,
					 Public Law
					 104-193, Personal Responsibility and Work
					 Opportunity Reconciliation Act of 1996. 99-02-039, § 388-412-0020, filed
					 12/31/98, effective 1/31/99. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-412-0020, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0025 - How do I receive my benefits?

Current through Register Vol. 24-14, July 15, 2024
(1)
				You can choose to get your cash benefits by:
(a) Electronic benefit transfer (EBT), which
				is a direct deposit into a DSHS account that you access with a debit card
				called the Washington EBT Quest card;
(b) Electronic funds transfer (EFT), which is
				a direct deposit into your own bank account;
(c) A warrant (check) to an approved
				authorized representative (AREP);
(d) A warrant (check) to a payee who is not
				approved for direct deposit; or
(e)
				A warrant (check) to you if you get:
(i)
				Diversion cash assistance (DCA) that is not paid directly to a
				vendor;
(ii) Ongoing additional
				requirements (OAR) and are receiving SSI; or
(iii) Clothing and personal incidentals (CPI)
				payments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0030 - Returning a warrant

Current through Register Vol. 24-14, July 15, 2024
(1) A person who
				has possession of a warrant payable to a deceased payee must return the warrant
				to the department for cancellation.
(2) A person who has possession of a warrant
				payable to an assistance unit payee who has left the home and is not likely to
				return during the month to endorse the warrant, must return the warrant to the
				CSO. The warrant may be reissued to another eligible payee for the assistance
				unit.
Statutory Authority:
					 RCW
					 74.04.510,
					 74.08.090,
					 74.04.055,
					 74.04.057 and S. 825,
					 Public Law
					 104-193, Personal Responsibility and Work
					 Opportunity Reconciliation Act of 1996. 99-02-039, § 388-412-0030, filed
					 12/31/98, effective 1/31/99. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-412-0030, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0035 - Loss, theft, destruction or nonreceipt of a warrant issued to clients and vendors

Current through Register Vol. 24-14, July 15, 2024
The following applies to replacements of warrants issued to
				  clients and to vendors.
(1) The
				department does not replace a warrant or the cash proceeds from a warrant which
				was endorsed by a client or vendor.
(2) Clients or vendors asking for a
				replacement of a warrant which was not endorsed by them must:
(a) Complete a notarized affidavit;
(b) Provide all facts surrounding the loss,
				theft, destruction or nonreceipt of the warrant; and
(c) File a report with the police or the post
				office, as appropriate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-412 - Benefit issuances › Section 388-412-0040 - Can I get my benefits replaced?

Current through Register Vol. 24-14, July 15, 2024
Under certain conditions, we may replace your
				  benefits.
(1) You may get either your
				EBT cash or food assistance, or both replaced if:
(a) We make a mistake that causes you to lose
				benefits;
(b) The EBT card mailed
				to you is stolen from the mail, you never had the ability to use the benefits,
				and you lost benefits;
(c) You left
				a drug or alcohol treatment facility on or before the 15th of the month and the
				facility does not have enough food assistance benefits in their EBT account for
				one-half of the allotment that they owe you;
(d) Your EBT benefits that were recently
				deposited into an inactive EBT account were canceled by mistake; or
(e) The food that your household purchased
				with food assistance benefits was destroyed in a household disaster or
				misfortune.
(i) For us to replace your
				benefits, you must report the loss to the department within 10 days from the
				date of the loss.
(ii) We replace
				the amount of your loss up to a one-month benefit amount.
(iii) There is no limit to the number of
				replacements for food destroyed in a household misfortune.
(f) Your food benefits were stolen, despite
				your EBT card being in your possession, via card skimming, cloning, or other
				similar fraudulent method between October 1, 2022, and September 30, 2024; and
(i) The head of household of your assistance
				unit submitted a completed and signed claim within 30 days of discovering the
				loss; and
(ii) You have not already
				received two replacements in the current federal fiscal year.
(iii) We replace the amount of your loss or
				the amount of twice your food assistance allotment that was issued immediately
				prior to the date of the theft, whichever is less.
(iv) Retroactive claims for food assistance
				stolen between October 1, 2022, and August 22, 2023, must be reported no later
				than October 22, 2023.
(v)
				Replacement of benefits stolen via card skimming, cloning, or other similar
				method is contingent upon federal approval.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-414 - Categorical eligibility for food assistance › Section 388-414-0001 - Do I have to meet all eligibility requirements for basic food?

Current through Register Vol. 24-14, July 15, 2024
(1)
What is
				"categorically eligible" (CE)?
(a)
				Being categorically eligible (CE) means that you have already met requirements
				for the program. If you are CE, you do not have to meet every program
				requirement to be eligible for basic food.
(b) If your assistance unit (AU) is CE, you
				automatically meet the following requirements for basic food:
(i) Countable resource limit under WAC
				388-470-0005;
(ii) Maximum gross monthly income under WAC
				388-478-0060; and
(iii) Maximum net monthly income under WAC
				388-478-0060.
(c) If your AU is CE and the
				information is available from another program, you do not need to provide the
				following for basic food:
(i) Social Security
				number information under WAC
				388-476-0005;
(ii) Sponsored alien information under WAC
				388-450-0155; and
(iii) Residency under WAC
				388-468-0005.
(d) Being CE does not mean that
				your AU is guaranteed to get basic food benefits. If your AU is CE:
(i) You must still meet the other basic food
				program requirements under WAC
				388-400-0040; and
(ii) If you meet the other program
				requirements, we must budget your AU's income to determine the amount of
				benefits your AU will receive.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-416 - Certification periods › Section 388-416-0005 - How long can I get Basic Food?

Current through Register Vol. 24-14, July 15, 2024
(1) The length
				of time the department determines your assistance unit (AU) is eligible to get
				Basic Food is called a certification period. The department may certify your AU
				for up to 12 months, unless:
(a) You receive
				food assistance under the Washington state combined application project
				(WASHCAP). We set your WASHCAP certification period as described under WAC
				388-492-0090.
(b) You receive food
				assistance under the elderly simplified application project (ESAP). ESAP
				households are certified for 36 months.
(c) You receive transitional food assistance
				(TFA). We set your TFA certification period as described under WAC
				388-489-0015.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-418 - Change of circumstance › Section 388-418-0005 - How will I know what changes to report?

Current through Register Vol. 24-14, July 15, 2024
(1) You must report
				changes to the department based on the kinds of assistance you receive. We
				inform you of your reporting requirements on letters we send you about your
				benefits. Follow the steps below to determine the types of changes you must
				report:
(a) If you receive cash benefits, you
				need to tell us if:
(i) You move;
(ii) Someone moves out of your
				home;
(iii) Your total gross
				monthly income goes over the:
(A) Income limit
				under WAC
				388-478-0090 if you receive ABD
				cash or HEN referral; or
(B) Earned
				income limit under WAC
				388-478-0035 and
				388-450-0165 for all other
				programs;
(iv) You have
				liquid resources more than $12,000; or
(v) You have a change in employment, you need
				to tell us if:
(A) You get a job or change
				employers;
(B) Your schedule
				changes from part-time to full-time or full-time to part-time;
(C) You have a change in your hourly wage
				rate or salary; or
(D) You stop
				working.