WSR 07-23-004PERMANENT RULES
DEPARTMENT OFSOCIAL AND HEALTH SERVICES
(Children's Administration)
[
Filed November 8, 2007,
9:11 a.m.
, effective December 9, 2007
]
Effective Date of Rule:
Thirty-one days after filing.
Purpose: Children's administration is amending the
wording in existing WAC 388-25-1000, 388-25-1010, 388-25-1020,
388-25-1030, and 388-25-1050 that discusses the children's
administration state supplementary payment (SSP) program.
These amendments clarify the program, eligibility, and appeal
rights. This is done to comply with legislative directives,
to respond to concerns from the federal Social Security
Administration, and to make the SSP payment process more
efficient and accurate.
Citation of Existing Rules Affected by this Order: Amending WAC 388-25-1000, 388-25-1010, 388-25-1020,
388-25-1030, and 388-25-1050.
Statutory Authority for Adoption: RCW 74.04.050,
74.04.600, 74.04.620, 74.13.031.
Other Authority: 2001-03 Supplemental Budget - ESSB 6387
(chapter 371, Laws of 2002).
Adopted under notice filed as WSR 07-19-104
on September
19, 2007.
Number of Sections Adopted in Order to Comply with Federal Statute:
New 0,
Amended 0,
Repealed 0;
Federal Rules or Standards:
New 0,
Amended 0,
Repealed 0;
or Recently Enacted State Statutes:
New 0,
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Repealed 0.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Repealed 0.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Repealed 0.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 5,
Repealed 0.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Repealed 0;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Repealed 0;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 0,
Amended 5,
Repealed 0.
Date Adopted: November 5, 2007.
Stephanie E. Schiller
Rules Coordinator
3912.2
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05,
effective 6/9/05)
WAC 388-25-1000
What is the state supplementary payment
(SSP) that is administered by the children's administration
(CA)?
The children's administration state supplementary
payment (CA/SSP) is a state-paid cash assistance program for
specific eligible foster children with the children's
administration. The CA/SSP program may be discontinued at any
time and for any reason, and is limited to the funds available
to children's administration for such payments. Receipt of a
CA/SSP payment in any month does not guarantee payment for
subsequent months even if all eligibility criteria remain met.
[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, § 388-25-1000, filed
5/9/05, effective 6/9/05.]
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05,
effective 6/9/05)
WAC 388-25-1010
What are the eligibility requirements
for the CA/SSP program?
To be eligible to receive CA/SSP, you
must ((be a child who has entered foster care (Title 45 CFR
1355.20) and is eligible for and receiving Supplemental
Security Income (SSI), receiving behavior rehabilitation
services (BRS) for out-of-home placement services for all or
part of a month, and not be eligible for foster care
reimbursement under Title IV-E of the Social Security Act (42
U.S.C. 670))) meet all of the following eligibility
requirements: (1) Be a child who has entered foster care (Title 45 CFR
1355.20);
(2) Already receive Supplemental Security Income (SSI)
benefits or have recently received notice of an award for such
benefits; and
(3) Receive behavior rehabilitation services (BRS) for
out-of-home placement services for all or part of a month; and
(4) Not receive foster care maintenance payments under
Title IV-E of the Social Security Act (42.U.S.C. 670).
[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, § 388-25-1010, filed
5/9/05, effective 6/9/05.]
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05,
effective 6/9/05)
WAC 388-25-1020
When will my eligibility for CA/SSP be
determined?
The SSP eligibility verification and payment
process is usually ((done)) completed two months following the
month of your potential eligibility for an SSP payment. You
will receive an SSP payment when all of the eligibility
criteria (WAC 388-25-1010) have been verified. Children who
have recently received notice of an award for SSI will receive
a CA/SSP payment beginning the month the Social Security
Administration places them into pay status, if all other
eligibility criteria are met for that month.
[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, § 388-25-1020, filed
5/9/05, effective 6/9/05.]
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05,
effective 6/9/05)
WAC 388-25-1030
How will I know if I am eligible to
receive a CA/SSP payment?
Once you have been identified as
eligible for a CA/SSP payment, CA will send out written
notification to the current SSI representative payee((s, legal
guardians, and children age eighteen and above)).
[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, § 388-25-1030, filed
5/9/05, effective 6/9/05.]
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05,
effective 6/9/05)
WAC 388-25-1050
What are my appeal rights if CA
determines that I am not eligible for CA/SSP?
In the event
that your eligibility for CA/SSP payments is denied or
terminated, or the amount of such payments is reduced, you
have the right to ((appeal children's administration's denial,
termination, or reduction of eligibility for the CA/SSP under
RCW 74.13.045 and chapter 34.05 RCW and chapter 388-02 WAC))
file an informal complaint pursuant to RCW 74.13.045 and
chapter 388-39A WAC and to request a hearing under chapter 34.05 RCW and chapter 388-02 WAC, except that there is no
right to a hearing if the reason for the change is lack of
funding.
[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, § 388-25-1050, filed
5/9/05, effective 6/9/05.]
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