Chapter 388-472 WAC
Last Update: 12/26/14RIGHTS AND RESPONSIBILITIES
WAC Sections
| HTMLPDF | 388-472-0005 | What are my rights and responsibilities? |
| HTMLPDF | 388-472-0010 | What are necessary supplemental accommodation services? |
| HTMLPDF | 388-472-0020 | How does the department decide if I am eligible for NSA services? |
| HTMLPDF | 388-472-0030 | How can I get NSA services? |
| HTMLPDF | 388-472-0040 | What are the department's responsibilities in giving NSA services to me? |
| HTMLPDF | 388-472-0050 | What if I don't accept or follow through the program requirements because I'm not able to or I don't understand them? |
PDF388-472-0005
What are my rights and responsibilities?
For the purposes of this chapter, "we" and "us" refer to the department and "you" refers to the applicant or recipient.
(1) If you apply for or get cash, a referral to the housing and essential needs (HEN) program, or food assistance benefits you have the right to:
(a) Have your rights and responsibilities explained to you and given to you in writing;
(b) Have us explain the legal use of DSHS benefits to you;
(c) Be treated politely and fairly no matter what your race, color, political beliefs, national origin, religion, age, gender, disability or birthplace;
(d) Request benefits by giving us an application form using any method listed under WAC 388-406-0010. You can ask for and get a receipt when you give us an application or other documents;
(e) Have your application processed as soon as possible. Unless your application is delayed under WAC 388-406-0040, we process your application for benefits within thirty days, except:
(i) If you are eligible for expedited services under WAC 388-406-0015, you get food assistance within seven days. If we deny you expedited services, you have a right to ask that the decision be reviewed by the department within two working days from the date we denied your request for expedited services;
(ii) Aged, blind, or disabled (ABD) assistance, or referral to the housing and essential needs (HEN) program, may take up to forty-five days.
(f) Be given at least ten days to give us information needed to determine your eligibility and be given more time if you ask for it. If we do not have the information needed to decide your eligibility, then we may deny your request for benefits;
(g) Have the information you give us kept private. We may share some facts with other agencies for efficient management of federal and state programs;
(h) Ask us not to collect child support (which includes medical support, as defined in WAC 388-14A-1020) if you fear the noncustodial parent may harm you, your children, or the children in your care;
(i) Ask for extra money to help pay for temporary emergency shelter costs, such as an eviction or a utility shutoff, if you get TANF;
(j) Get a written notice, in most cases, at least ten days before we make changes to lower or stop your benefits;
(k) Ask for an administrative hearing if you disagree with a decision we make. You can also ask a supervisor or administrator to review our decision or action without affecting your right to a fair hearing;
(l) Have interpreter or translator services given to you at no cost and without delay;
(m) Refuse to speak to a fraud investigator. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. Such a request will not affect your eligibility for benefits; and
(n) Get help from us to register to vote.
(2) If you get cash or food assistance, you are responsible to:
(a) Tell us if you are experiencing an emergency such as having no money for food, or facing an eviction so we can process your request for benefits as soon as possible;
(b) Report the following expenses so we can decide if you can get more food assistance:
(i) Shelter costs;
(ii) Child or dependent care costs;
(iii) Child support that is legally obligated;
(iv) Medical expenses; and
(v) Self-employment expenses.
(c) Report changes as required under WAC 388-418-0005 and 388-418-0007.
(d) Give us the information needed to determine eligibility;
(e) Give us proof of information when needed. If you have trouble getting proof, we help you get the proof or contact other persons or agencies for it;
(f) Cooperate in the collection of child support unless you fear the noncustodial parent may harm you, your children, or the children in your care;
(g) Apply for and get any benefits from other agencies or programs prior to getting cash assistance from us;
(h) Complete reports and reviews when asked;
(i) Look for, get, and keep a job or participate in other activities if required for cash or food assistance;
(j) Cooperate with the quality control review process;
(k) Keep track of your EBT card for cash and food assistance and keep your personal identification number (PIN) secure. If you receive multiple replacement EBT cards, this may trigger an investigation to determine if you are trafficking benefits as described under WAC 388-412-0046 (2)(d); and
(l) Use your cash and food assistance benefits only as allowed under WAC 388-412-0046.
(3) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you comply with the requirements of this section.
[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.62.030, 41.05.021, 74.09.035, 74.09.530, and 2011 1st sp.s. c 15, 2013 2nd sp.s. c 10, and the 2013 biennial budget. WSR 15-02-006, § 388-472-0005, filed 12/26/14, effective 1/26/15. 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. WSR 12-06-070, § 388-472-0005, filed 3/6/12, effective 4/6/12. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and 2011 c 42. WSR 11-19-047, § 388-472-0005, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08.010. WSR 11-07-014, § 388-472-0005, filed 3/8/11, effective 4/8/11. Statutory Authority: RCW 74.04.050, 74.04.055. WSR 08-18-007, § 388-472-0005, filed 8/22/08, effective 9/22/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. WSR 02-14-023, § 388-472-0005, filed 6/21/02, effective 7/1/02; WSR 01-10-104, § 388-472-0005, filed 5/1/01, effective 6/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. WSR 99-17-025, § 388-472-0005, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-472-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0430, 388-504-0440, 388-504-0450 and 388-505-0560.]
PDF388-472-0010
What are necessary supplemental accommodation services?
Necessary supplemental accommodation (NSA) services are services provided to you if you have a mental, neurological, physical or sensory impairment or other problems that prevent you from getting program benefits in the same way that an unimpaired person would get them.
NSA services include but are not limited to:
(1) Arranging for or providing help to complete and submit forms to us;
(2) Helping you give or get the information we need to decide or continue eligibility;
(3) Helping you request continuing benefits;
(4) If you miss an appointment or deadline, contacting you about the reason before we reduce or end your benefits;
(5) Explaining to you the reduction in or ending of your benefits (see WAC 388-418-0020);
(6) If we know you have a person who helps you with your applications, notifying them when we need information or when we are about to reduce or end your benefits;
(7) Assisting you with requests for fair hearings;
(8) Providing protective payments if needed; and
(9) On request, reviewing our decision to terminate, suspend or reduce your benefits.
PDF388-472-0020
How does the department decide if I am eligible for NSA services?
When you, as head of household, apply for benefits either in person or by phone, we screen you to decide if you meet NSA requirements. We explain NSA services to you during the screening.
(1) We identify you as NSA if you:
(a) Say you need NSA services in order to have equal access to our programs and services;
(b) Have or claim to have a mental impairment;
(c) Have a developmental disability;
(d) Are disabled by alcohol or drug addiction;
(e) Are unable to read or write in any language; or
(f) Are a minor not residing with your parents.
(2) We identify you as NSA if we observe you to have cognitive limitations, whether or not you have a disability, which may prevent you from understanding the nature of NSA services or affect your ability to access our programs. Cognitive limitations are limitations in your ability to communicate, understand, remember, process information, exercise judgement and make decisions, perform routine tasks or relate appropriately with others.
PDF388-472-0030
How can I get NSA services?
(1) After we screen you for NSA eligibility and initially identify your case as NSA, we mark your case file with a uniform NSA identifier.
(2) After you are initially identified as NSA, we complete an assessment to confirm your NSA designation.
(3) If the assessment confirms your NSA designation, we develop an accommodation plan that specifies the services we will provide to you to improve your access to our programs and services.
(4) If you are designated as NSA according to WAC 388-472-0020 (1) and (2), we include all the NSA services listed in WAC 388-472-0010 in your accommodation plan.
(5) Based on your request or a change in your needs, the NSA designation and the accommodation plan may be assessed and changed.
(6) Even if you are eligible to receive NSA services you may refuse NSA services.
PDF388-472-0040
What are the department's responsibilities in giving NSA services to me?
(1) All of our staff are continually responsible to identify you as possibly NSA eligible and assist you with NSA services.
(2) We provide a grace period to continue your financial or food assistance when:
(a) We stop a benefit because we are unable to tell if you continue to qualify; and
(b) You provide proof you still qualify for the benefit within the twenty days right after the benefit stops. We restore lost benefits, recalculate your cash and food assistance, and issue you the correct amount without taking away any benefits as long as you were eligible to receive them.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 2011 1st sp.s. c 15. WSR 13-18-004, § 388-472-0040, 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 01-10-104, § 388-472-0040, filed 5/1/01, effective 6/1/01.]
PDF388-472-0050
What if I don't accept or follow through the program requirements because I'm not able to or I don't understand them?
(1) We consider how your limitation or impairment affects your ability to accept and follow through on all program requirements. This can include, but is not limited to, your actions in failing to:
(a) Follow through with medical treatment;
(b) Follow through with referrals to other agencies;
(c) Provide timely income reports;
(d) Maintain employment;
(e) Participate in food assistance employment and training; or
(f) Participate in the WorkFirst program.
(2) If we decide your limitation was the cause of your refusal to accept or failure to follow through on these requirements, we will find that you have good cause and we will not take any adverse action.
(3) Following a finding of good cause not to have followed through with the requirement, we will review your accommodation plan to assure that all services necessary to enable you to meet the program requirements are being provided to you.
(4) If we are unable to accommodate your condition so that you are able to participate in program requirements, we will waive program requirements.
(5) If participation in program requirements is not waived, you must cooperate with program requirements.