WAC 388-460-0005 Can I choose someone to apply for Basic Food for my assistance unit?
Your Basic Food assistance unit (AU) can choose an adult who is not a member of the AU to act on their behalf. This is called an authorized representative.
A responsible member of the AU can name, in writing, an authorized representative. A responsible member of the AU is either:
The applicant;
The applicant's spouse;
Another member of the AU the applicant states is able to conduct business on behalf of all members in the AU.
The AU's authorized representative has the authority to apply for Basic Food on the AU's behalf.
If you receive Basic Food benefits in a qualified drug and alcohol treatment facility under WAC 388-408-0040, you must have an employee of the facility as your authorized representative for Basic Food.
If the authorized representative provides information to the department that causes an AU to have an overpayment, the AU members are liable for the overpayment.
An authorized representative may act on behalf of more than one Basic Food AU only if the Community Services Office Administrator approves.
How clients designate an authorized representative:
A client can use the Application for Benefits, DSHS 14-001(X) to designate an authorized representative, but any written, signed statement may be accepted.
Drug and Alcohol Treatment Centers:
If a client receives Basic Food in a qualified drug and alcohol treatment center, the treatment center is the AU's authorized representative.
Verification:
The identity of an authorized representative is a mandatory verification. See Verification.
Alternate Card Holders:
Authorized representatives do not get a Quest card or have the ability to access the AU's benefits. If a client needs someone outside of their AU to access the benefits, see the information on Alternate Card Holders in BENEFIT ISSUANCES.
Individuals who have Power of Attorney for a client:
If an individual has Power of Attorney for a client, the person can be the client's authorized representative without the client having to specifically designate them as the client's authorized representative.
If an individual has a limited Power of Attorney for a client, the Power of Attorney document must specifically give the person authority to act on the client's behalf for public assistance, food stamps, or Basic Food benefits. If the document doesn't give the person this authority, the client must name the person as their authorized representative if they want them to act on their behalf for Basic Food.
WORKER RESPONSIBILITIES
Clients usually name an authorized representative on the application for benefits. Follow the process below when you receive a request for an authorized representative outside of the application or recertification process:
If you get a written statement naming an authorized representative in person, compare the client's ID to the ID in the record;
If a client asks for an authorized representative in person, ask the client to put the request in writing. Compare the client's ID to the ID in the record.
If you get a request for an authorized representative by mail, compare the handwriting and signature on the statement with handwritten documents and signature in the record for similarity;
If you doubt of the authenticity of the statement, contact the head of the AU to confirm the request.
File the written statement in the case file.
When an AU member who isn't the head of the AU asks for an authorized representative, check the case file for any document showing the ID or handwriting of that person. In this situation it is appropriate to contact the head of the AU to verify that the person naming an authorized representative is a responsible member.
ACES does not monitor or create reports on individuals who are authorized representatives for multiple cases. If you learn that a person is an authorized representative for multiple AUs and suspect the representative is misusing the client's benefits, refer the case to the Division of Fraud Investigation (DFI). See FRAUD.
WAC 388-460-0010
WAC 388-460-0010
Effective December 1, 2003
WAC 388-460-0010 Do I have an authorized representative for Basic Food if I live in a treatment center or group home?
If you live in a qualified DDD group home under WAC 388-408-0040, you may choose to apply for Basic Food benefits:
On your own behalf;
Through an authorized representative of your choice; or
Through the DDD group home acting as your authorized representative.
If you live in qualified drug and alcohol treatment facility under WAC 388-408-0040, you must have an employee of the facility as your authorized representative for Basic Food.
The person acting as authorized representative for residents in a qualified drug and alcohol treatment facility or qualified DDD group home must:
Be aware of the resident's circumstances;
Notify the department of any changes in income, resources or circumstances within 10 days of the change;
Use the resident's Basic Food benefits for meals served to the resident; and
Keep enough benefits in the facility’s account to transfer one-half of a client's monthly allotment to the client's own account. If the client leaves the facility on or before the fifteenth of the month, the facility must return one half of the client’s Basic Food allotment for that month.
When a facility assigns an employee as the authorized representative for residents, the facility accepts responsibility for:
Any misrepresentation or intentional program violation; and
Liability for Basic Food benefits held at the facility on behalf of the resident.
When a facility acts as an authorized representative for persons in a group home or chemical dependency treatment facility, one person from the facility usually acts on behalf of all the clients in that facility or group home.
The Department of Agriculture, Food and Nutrition Service (FNS) regulates the facilities in their use of clients' Basic Food benefits. The following expectations are listed for information only. Upon leaving a group home or treatment facility, a Basic Foodclient is entitled to the following from the authorized representative:
At least one-half of the Basic Food benefitsif the client leaves before the 16th of the month and part of the benefits have already been spent on behalf of the client;
A change of circumstance form, DSHS 14-76(X), with instructions to notify the department within ten days with their new address and other changes.
WAC 388-460-0015
WAC 388-460-0015
Effective December 1, 2003
WAC 388-460-0015 Who will the department not allow as an authorized representative for Basic Food?
If you are acting as an authorized representative for Basic Food, we disqualify you from being an authorized representative for one year if we determine that you:
Knowingly provided false information to the department;
Misrepresented the circumstances of the Basic Food assistance unit (AU); or
Misused the Basic Food benefits.
If we disqualify you from being an authorized representative for Basic Food, we notify you and the head of the Basic Food AU 30 days before your disqualification starts.
If you are a department employee, a retailer authorized to receive Basic Food benefits, or are disqualified from receiving Basic Food because of an intentional program violation under WAC 388-446-0015, you generally cannot be an authorized representative. If you are in any of these three categories and want to be an authorized representative for Basic Food:
The AU must have no one else available to be an authorized representative; and
You must have written approval from the Community Services Office Administrator to be the AU's authorized representative.
A public or private nonprofit organization providing meals for homeless persons may not be an authorized representative under any conditions.
The head of the Basic Food AU may request a Fair Hearing when the person they have named as their authorized representative is disqualified from being an authorized representative. See Fair Hearings.
WORKER RESPONSIBILITIES
In most cases, the disqualification of an authorized representative takes place as the result of a DFI investigation. Use letter 50-01 to inform both the client and the authorized representative of the disqualification action. Inform the client why the authorized representative is disqualified and of the client's right to a Fair Hearing.
Modification Date: October 28, 2007
Have comments on the manual? Please e-mail us. You can also use this link to report broken links or content problems.
