WSR 03-03-114

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 21, 2003, 3:50 p.m. , effective February 23, 2003 ]

     Date of Adoption: January 16, 2003.

     Purpose: Amended WAC 388-478-0055 updates SSI and SSP payment standards caused by the cost of living adjustment (COLA), changes to eligibility criteria as directed by the legislature for the state supplemental payment program, adjusts the SSP rate upward, and simplifies rule language. New WAC 388-474-0012 changes reflect the legislature's directive defining the eligibility criteria for receiving a state supplemental payment (SSP) in Washington state. Federal Public Law 92-603 and the Social Security Act publish regulations for states that must provide a state supplemental payment program. The Social Security Administration oversees compliance with state supplementation rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0055.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

      Adopted under notice filed as WSR 02-23-032 on November 12, 2002.

     Changes Other than Editing from Proposed to Adopted Version: WAC 388-478-0055 SSI and SSP payment standards were updated to reflect the cost of living adjustment effective January 1, 2003, and to increase the SSP payment to assure the state maintenance of effort (MOE) is met per federal requirement. The changes increase payments that eligible clients may receive.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
     Effective Date of Rule: February 23, 2003.

January 16, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3051.6
AMENDATORY SECTION(Amending WSR 01-19-024, filed 9/12/01, effective 11/1/01)

WAC 388-478-0055   ((SSI payment standards for eligible recipients.)) How much do I get from my Supplemental Security Income (SSI) and state supplemental payments (SSP)?   (1) ((Supplemental Security Income ())SSI(())) is a federal cash assistance program for needy individuals and couples who meet federal disability guidelines as aged, blind or disabled. ((Since the SSI program began in January 1974, the state of Washington has added to the federal benefit level with state funds, known as the SSI state supplement. If you are found eligible for SSI, you will receive cash assistance based on the combined federal and state supplement benefit levels, minus countable income. An essential person is someone who lives with you and provides care and personal services that enable you to live in either your own home or the home of the essential person)) SSP is a payment from the state for certain SSI eligible people (see WAC 388-474-0012).

     If you are eligible for SSI, you may receive a federal cash payment from the federal Social Security Administration, as well as a SSP cash payment from the state.

     If you were converted from state assistance to the federal SSI program in January 1974 because you were aged, blind, or disabled, the department calls you a grandfathered client. Social Security calls you a mandatory income level (MIL) client. To be a grandfathered (MIL) client, you must have remained continuously eligible for SSI from January 1974.

     A change in living situation, cost-of-living adjustment (COLA) or federal payment level (FPL) can affect a grandfathered (MIL) client. A grandfathered (MIL) client gets a federal SSI payment and a SSP payment, which totals the higher of one of the following:

     (a) The state assistance standard set in December 1973, unless you lived in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

     (b) The current payment standard.

     (2) The federal, state and combined ((benefit levels)) payment level for an eligible individual and couple are:

     (a) If you are living alone ((in area 1: King, Pierce, Snohomish, Thurston, and Kitsap Counties)).


LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions Federal ((Benefit))

Payment Level

 State Supplement ((Benefit))

Payment Level

 Combined Federal/

State ((Benefit))

Payment Level
Individual $ ((531.00))

552.00

 $ ((25.90))

0.00

 $ ((556.90))

552.00
Individual with:

One essential person

 (($ 797.00))

829.00

 (($ 19.90))

0.00

 (($ 816.90))

829.00
((Individual with:

Multiple essential persons))

 (($531 for the eligible individual plus $266 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((531.00))

552.00

 $ ((166.10))

100.00

 $ ((697.10))

652.00
Couple $ ((796.00))

829.00

 $ ((19.90))

0.00

 $ ((815.90))

829.00
((Couple with one or more essential persons)) (($796 for eligible couple plus $266 for each essential person (no state supplement)))
Couple with one essential person $829.00 $0.00 $829.00

     (b) ((If you are living alone in area 2: All other counties.


LIVING ALONE - In own household or alternate care, except nursing homes or medical institutions

Federal Benefit Level

State Supplement

Benefit Level

Combined Federal/

State Benefit Level
Individual $ 531.00 $ 5.45 $ 536.45
Individual with:

One essential person

 $ 797.00 $ 0.00 $ 797.00
Individual with:

Multiple essential persons

 $531 for the eligible individual plus $266 for each essential person (no state supplement)
Individual with an ineligible spouse $ 531.00 $ 136.15 $ 667.15
Couple $ 796.00 $ 0.00 $ 796.00
Couple with one or more essential persons $796 for eligible couple plus $266 for each essential person (no state supplement)

     (c))) If you are in shared living ((in either Area 1 or 2)).


SHARED LIVING - In the home of another person Federal ((Benefit))

Payment Level

 State Supplement ((Benefit)) Payment Level Combined Federal/

State ((Benefit))

Payment Level
Individual $ ((354.00))

368.00

 $ ((3.71))

0.00

 $ ((357.71))

368.00
Individual with:

One essential person

 (($ 531.34))

665.00

 (($ 4.20))

0.00

 (($ 535.54))

665.00
((Individual with:

Multiple essential persons))

 (($354.00 for the eligible individual plus $177.00 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((354.00))

368.00

 $ ((101.66))

100.00

 $ ((455.66))

468.00
Couple $ ((530.67))

552.67

 $ ((4.20))

0.00

 $ ((534.87))

552.67
((Couple with one or more essential persons)) (($530.67 for eligible couple plus $177.00 for each essential person (no state supplement)))
Couple with one essential person $665.00 $0.00 $665.00

     (((d))) (c) If you are residing in a medical institution: Area 1 and 2.


MEDICAL INSTITUTION Federal ((Benefit))

Payment Level

 State Supplement ((Benefit)) Payment Level Combined ((Benefit))

Payment Level
Individual $ 30.00 $ 11.62 $ 41.62

     (((e) Mandatory income level (MIL) for grandfathered claimant. You are "grandfathered" if you qualified for assistance from the state as aged, blind, or disabled, were converted from the state to federal disability assistance under SSI in January 1974, and have remained continuously eligible for SSI since that date.

     If you are a MIL client, your combined federal/state SSI benefit level is the higher of the following:

     (i) The state assistance standard you received in December 1973, except if you resided in a medical institution at the time of conversion, plus the federal cost-of-living adjustments (COLA) since then; or

     (ii) The current standard.))

[Statutory Authority: RCW 74.08.090, 74.04.057. 01-19-024, § 388-478-0055, filed 9/12/01, effective 11/1/01; 01-08-015, § 388-478-0055, filed 3/23/01, effective 5/1/01. Statutory Authority: RCW 74.08.090. 00-20-054, § 388-478-0055, filed 9/29/00, effective 11/1/00. Statutory Authority: RCW 74.08.090 and 74.04.057. 00-11-130, § 388-478-0055, filed 5/22/00, effective 7/1/00; 99-18-063, § 388-478-0055, filed 8/30/99, effective 10/1/99. Statutory Authority: RCW 74.08.090 and 74.04.630. 99-04-103, § 388-478-0055, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0055, filed 7/31/98, effective 9/1/98. Formerly WAC 388-511-1115.]

3179.1
NEW SECTION
WAC 388-474-0012   What is a state supplemental payment and who can get it?   (1) The state supplemental payment (SSP) is a state-paid cash assistance program for certain clients who the Social Security Administration determines are eligible for Supplemental Security Income (SSI).

     (2) You can get an SSP if:

     (a) You are a grandfathered SSI recipient under WAC 388-474-0001;

     (b) You are an individual with an ineligible spouse under WAC 388-474-0001; or

     (c) You are determined eligible for SSP by the division of developmental disabilities (see WAC 388-825-525 and 388-825-535).

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