Chapter 388-418 WAC

Last Update: 12/18/18

CHANGE OF CIRCUMSTANCE

WAC Sections

388-418-0005How will I know what changes to report?
388-418-0007When do I have to report changes in my circumstances?
388-418-0011What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?
388-418-0020How does the department determine the date a change affects my cash and basic food benefits?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
388-418-0010Requesting information or action needed. [Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0010, filed 7/31/98, effective 9/1/98.] Repealed by WSR 99-23-034, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510.
388-418-0012Prospective eligibility for food assistance. [Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 99-16-024, § 388-418-0012, filed 7/26/99, effective 9/1/99.] Repealed by WSR 00-07-077, filed 3/14/00, effective 5/1/00. Statutory Authority: RCW 74.08.090.
388-418-0015Recipient fails to provide requested information or take requested action. [Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0015, filed 7/31/98, effective 9/1/98.] Repealed by WSR 99-23-034, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510.
388-418-0025Effect of changes on medical program eligibility. [Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.402, 74.09.470, and 2008 session law. WSR 09-07-086, § 388-418-0025, filed 3/17/09, effective 4/17/09. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 74.09.700, and 2007 c 5. WSR 08-05-018, § 388-418-0025, filed 2/12/08, effective 3/14/08. Statutory Authority: RCW 74.08.090, 74.09.530, and 74.09.415. WSR 05-23-013, § 388-418-0025, filed 11/4/05, effective 1/1/06. Statutory Authority: RCW 74.08.090, 74.09.530, and 2003 c 10. WSR 04-03-019, § 388-418-0025, filed 1/12/04, effective 2/12/04. Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. WSR 02-17-030, § 388-418-0025, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090 and 74.09.450. WSR 00-08-002, § 388-418-0025, filed 3/22/00, effective 5/1/00. Statutory Authority: RCW 74.04.050, 74.04.057 and Section 4731 of the BBA (Public Law 105-33). WSR 99-10-064, § 388-418-0025, filed 5/3/99, effective 6/3/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-508-0840, 388-509-0920, 388-509-0960, 388-522-2205 and 388-522-2210.] Repealed by WSR 12-10-042, filed 4/27/12, effective 6/1/12. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.100, 74.04.770, 74.04.0052, 74.04.655, 74.08.043, 74.08.335, and 2011 1st sp.s. c 36.
388-418-0030Notifying a recipient of intent to reduce, suspend or terminate assistance. [Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 99-16-024, § 388-418-0030, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0030, filed 7/31/98, effective 9/1/98. Formerly WAC 388-522-2205 and 388-525-2570.] Repealed by WSR 99-23-034, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510.


388-418-0005
How will I know what changes to report?

(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) Payment standard under WAC 388-478-0033 if you receive ABD cash; 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 six thousand dollars; 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.
(b) If you are a relative or nonrelative caregiver and receive cash benefits on behalf of a child in your care but not for yourself or other adults in your household, you need to tell us if:
(i) You move;
(ii) The child you are caring for moves out of the home;
(iii) Anyone related to the child you are caring for moves into or out of the home;
(iv) There is a change in the recipient child's earned or unearned income unless they are in school full-time as described in WAC 388-450-0070;
(v) The recipient child has liquid resources more than six thousand dollars;
(vi) A recipient child in the home becomes a foster child; or
(vii) You legally adopt the recipient child.
(2) If you do not receive cash assistance but you do receive benefits from basic food, you must report changes for the people in your assistance unit under chapter 388-408 WAC, and tell us if:
(a) Your total monthly income is more than the maximum gross monthly income as described in WAC 388-478-0060; or
(b) Anyone who receives food benefits in your assistance unit and who must meet work requirements under WAC 388-444-0030 has their hours at work go below twenty hours per week.
[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.010, 74.08A.120, and 74.08A.250. WSR 19-01-105, § 388-418-0005, filed 12/18/18, effective 2/1/19. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.010, 74.08A.250 and 2017 c 20. WSR 18-09-017, § 388-418-0005, filed 4/10/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 7 U.S.C. § 2015, and 7 C.F.R. § 273.12 (a)(5)(v). WSR 15-09-036, § 388-418-0005, filed 4/9/15, effective 5/10/15. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 2011 1st sp.s. c 42, and 2011 1st sp.s. c 36. WSR 12-04-051, § 388-418-0005, filed 1/30/12, effective 3/1/12. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. WSR 11-02-071, § 388-418-0005, filed 1/5/11, effective 2/5/11; WSR 10-07-007, § 388-418-0005, filed 3/4/10, effective 4/4/10. Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. WSR 07-20-042, § 388-418-0005, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. WSR 05-19-060, § 388-418-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 44.04.280. WSR 05-09-021, § 388-418-0005, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. WSR 04-21-026, § 388-418-0005, filed 10/13/04, effective 11/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. WSR 04-06-026, § 388-418-0005, filed 2/23/04, effective 3/25/04; WSR 03-21-028, § 388-418-0005, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 01-11-109, § 388-418-0005, filed 5/21/01, effective 7/1/01; WSR 99-23-034, § 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0005, filed 7/31/98, effective 9/1/98.]



388-418-0007
When do I have to report changes in my circumstances?

(1) If your household has a change of circumstances you are not required to report under WAC 388-418-0005, then you do not need to contact us about this change. If you tell us about this change, we take action based on the new information. This includes:
(a) Asking for more information we need to determine your eligibility and benefits under WAC 388-490-0005;
(b) Increasing your benefits when we have proof of a change that makes you eligible for more benefits; or
(c) Reducing or stopping your benefits based on the change.
(2) If you are applying for benefits and have had a change:
(a) After the date you applied but before your interview, you must report the change during your interview; or
(b) After you have been interviewed, you must report changes that we require someone who receives benefits to report as described under WAC 388-418-0005. You must report this change by the tenth day of the month following the month the change happened.
(3) If you receive cash assistance or Basic Food, you must report changes required under WAC 388-418-0005 by the tenth day of the month following the month the change happened.
(4) For a change in income, the date a change happened is the date you receive income based on this change. For example, the date of your first paycheck for a new job, or the date of a paycheck showing a change in your wage or salary.
(5) If we require you to complete a mid-certification review, you must complete the review to inform us of your circumstances as described under WAC 388-418-0011 in order to keep receiving benefits.
(6) If you receive TANF/SFA, and you learn that a child in your assistance unit (AU) will be gone from your home longer than one hundred eighty days, you must tell us about this within five calendar days from the date you learn this information.
(a) If you do not report this within five days, the child's caretaker is not eligible for cash benefits for one month; and
(b) We continue to budget the ineligible person's countable income as described in WAC 388-450-0162 to determine the benefits for the people still in the AU.
(7) If you report changes late, you may receive the wrong amount or wrong type of benefits. If you receive more benefits than you are eligible for, you may have to pay them back as described in chapter 388-410 WAC.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, and 2011 1st sp.s. c 15. WSR 13-18-005, § 388-418-0007, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. WSR 08-14-105, § 388-418-0007, filed 6/30/08, effective 8/1/08; WSR 06-13-043, § 388-418-0007, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 05-11-074, § 388-418-0007, filed 5/17/05, effective 7/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. WSR 04-19-134, § 388-418-0007, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. WSR 03-21-028, § 388-418-0007, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 01-11-109, § 388-418-0007, filed 5/21/01, effective 7/1/01.]



388-418-0011
What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?

(1) A mid-certification review (MCR) is a form we send you to ask about your current circumstances. We use the answers you give us to decide if you are still eligible for benefits and to calculate your monthly benefits.
(2) If you receive cash assistance or Basic Food benefits, you must complete a mid-certification review unless you meet one of the exceptions below:
(a) You do not have to complete a mid-certification review for cash assistance if you:
(i) Only receive Refugee Cash Assistance as described under WAC 388-400-0030; or
(ii) Have a review period of six months or less.
(b) You do not have to complete a mid-certification review for Basic food if:
(i) Your assistance unit has a certification period of six months or less; or
(ii) All adults in your assistance unit are elderly or disabled and have no earned income.
(3) When we send the review form:
If you must complete a MCR ...
We send your review form ...
(a) For one program such as Basic Food.
In the fifth month of your certification or review period. You must complete your review by the 10th day of month six.
(b) For two or more programs, and all programs have a 12-month certification or review period.
In the fifth month of your certification or review period. You must complete your review by the 10th day of month six.
(c) For Basic Food and another program when either program has a certification or review period between six and twelve months.
In the fifth month of your Basic Food certification period when you receive Basic Food and another program. You must complete your review by the 10th day of month six of your Basic Food certification.
(4) If you must complete a mid-certification review, we send you the review form with questions about your current circumstances. You can choose to complete the review in one of the following ways:
(a) Complete the form and return it to us. For us to count your mid-certification review as complete, you must take all of the steps below:
(i) Complete the review form, telling us about changes in your circumstances we ask about;
(ii) Sign and date the form;
(iii) Give us proof of any changes you report. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;
(iv) If you receive temporary assistance for needy families and you are working or self-employed, you must give us proof of your income even if it has not changed; and
(v) Mail or turn in the completed form and any required proof to us by the due date on the review.
(b) Complete the mid-certification review over the phone. For us to count your mid-certification review as complete, you must take all of the steps below:
(i) Contact us at the phone number on the review form, telling us about changes in your circumstances we ask about;
(ii) Give us proof of any changes you report. We may be able to verify some information over the phone. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;
(iii) If you receive temporary assistance for needy families and you are working or self-employed, you must give us proof of your income even if it has not changed; and
(iv) Mail or turn in any required proof to us by the due date on the review.
(c) Complete the application process for another program. If we approve an application for another program in the month you must complete your mid-certification review, we use the application to complete your review when the same person is head of household for the application and the mid-certification review.
(5) If your benefits change because of what we learned in your mid-certification review, the change takes effect the next month even if this does not give you ten days notice before we change your benefits.
(6) If you do not complete your required mid-certification review, we stop your benefits at the end of the month the review was due.
(7) Late reviews. If you complete the mid-certification review after the last day of the month the review was due, we process the review as described below based on when we receive the review:
(a) Mid-certification reviews you complete by the last day of the month after the month the review was due: We determine your eligibility for ongoing benefits. If you are eligible, we reinstate your benefits based on the information in the review.
(b) Mid-certification reviews you complete after the last day of the month after the month the review was due: We treat this review as a request to send you an application. For us to determine if you are eligible for benefits, you must complete the application process as described in chapter 388-406 WAC.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510 and 2011 c 15. WSR 13-09-034, § 388-418-0011, filed 4/11/13, effective 6/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and Public Law 109-171, TANF Interim Final Rule published in the Federal Register - Volume 71, No. 125 on June 29, 2006. WSR 08-02-053, § 388-418-0011, filed 12/28/07, effective 2/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. WSR 06-24-025 and 07-01-023, § 388-418-0011, filed 11/29/06 and 12/8/06, effective 10/1/07; WSR 06-13-043, § 388-418-0011, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 05-09-020, § 388-418-0011, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. WSR 04-19-134, § 388-418-0011, filed 9/21/04, effective 10/1/04.]



388-418-0020
How does the department determine the date a change affects my cash and basic food benefits?

(1) The rules in this chapter refer to cash and basic food benefits unless otherwise specified.
(2) If you report a change that happened between the date you applied for benefits and the date we interview you under WAC 388-452-0005, we take this change into consideration when we process your application for benefits.
(3) If we learn about a change in your circumstances from another person, agency, or by matching with any number of systems, we determine the impact this change has on your benefits. We may request additional information under WAC 388-490-0005 or update your benefits based on this information.
(4) For cash and basic food programs, if you report a change in your income that we expect to continue at least a month beyond the month when you reported the change, we recalculate the income we estimated under WAC 388-450-0215 based on this change.
(5) Changes reported outside of normal business hours, including changes you submitted online, in person, or sent to us by fax, are considered received the next business day.
(6) When a change causes an increase in benefits, you must provide proof of the change before we adjust your benefits.
(a) If you give us the proof within ten days from the date we requested it, we increase your benefits starting the month after the month you reported the change.
(b) If you give us the proof more than ten days after the date we requested it, we increase your benefits starting the month after the month we got the proof.
(c) If you are eligible for more benefits and we have already sent you benefits for that month, we provide you the additional benefits within ten days of the day we got the proof.
(7) When a change causes a decrease in benefits, we reduce your benefit amount without asking for proof.
(a) If you report a change within the time limits in WAC 388-418-0007, and you are not reporting this as part of a mid-certification review, we decrease your benefits starting the first month following the advance notice period. The advance notice period:
(i) Begins on the day we send you a letter about the change; and
(ii) Is determined according to the rules in WAC 388-458-0025.
(b) If you do not report a change you must tell us about under WAC 388-418-0005, or you report a change later than we require under WAC 388-418-0007, we determine your eligibility as if you had reported this on time. If you received more benefits than you should, we set up an overpayment as described under chapter 388-410 WAC.
(8) If we are not sure how the change will affect your benefits, we send you a letter as described in WAC 388-458-0020 requesting information from you.
(a) We give you ten days to provide the information. If you need more time, you can ask for it.
(b) If you do not give us the information in time, we will stop your benefits after giving you advance notice, if required, as described in WAC 388-458-0030.
(9) Within ten days of the day we learn about a change, we send advance notice according to the rules in chapter 388-458 WAC and take necessary action to provide you the correct benefits. If you request a hearing about a proposed decrease in benefits before the effective date or within the notice period as described in WAC 388-458-0040, we wait to take action on the change.
(10) If you disagree with a decision we made to change your benefits, you may request a fair hearing under chapter 388-02 WAC. The fair hearing rules in chapter 388-02 WAC do not apply for a "mass change." A mass change is when we change the rules that impact all recipients and applicants.
(11) When you request a hearing and receive continued benefits:
(a) We keep giving you the same benefits you got before the advance notice of reduction until the earliest of the following events occur:
(i) For basic food only, your certification period expires;
(ii) The end of the month the fair hearing decision is mailed;
(iii) You state in writing that you do not want continued benefits;
(iv) You withdraw your fair hearing request in writing; or
(v) You abandon your fair hearing request;
(vi) An administrative law judge issues a written order that ends continued benefits prior to the fair hearing.
(b) We establish an overpayment claim according to the rules in chapter 388-410 WAC when the hearing decision agrees with the action we took.
(12) Some changes have a specific effective date as follows:
(a) When cash assistance benefits increase because a person is added to your assistance unit, we use the effective date rules for applications in WAC 388-406-0055.
(b) When cash assistance benefits increase because you start paying shelter costs, we use the date the change occurred.
(c) When a change in law or regulation changes the benefit amount, we use the date specified by the law or regulation.
[Statutory Authority: RCW 74.04.050, 74.04.510, and 74.08A.120. WSR 18-07-064, § 388-418-0020, filed 3/15/18, effective 4/15/18. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, and 2011 1st sp.s. c 15. WSR 13-18-005, § 388-418-0020, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. WSR 06-13-043, § 388-418-0020, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 05-09-020, § 388-418-0020, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. WSR 04-19-134, § 388-418-0020, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. WSR 03-21-028, § 388-418-0020, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090, 74.04.057, and 74.04.510. WSR 02-14-086, § 388-418-0020, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 99-23-034, § 388-418-0020, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-418-0020, filed 7/31/98, effective 9/1/98.]