WSR 98-01-126

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed December 18, 1997, 1:20 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-250-1700 Standards of assistance--Federal, state supplemental, and combined benefit levels for clients eligible for supplemental security income (SSI).

Purpose: The department will revise the SSI state supplement amount to stay within allotted levels and pass along the federal 2.1 percent cost-of-living adjustment (COLA).

Statutory Authority for Adoption: RCW 74.04.600.

Statute Being Implemented: RCW 74.04.620, 62 Fed. Reg. Number 210 (October 30, 1997).

Summary: This change will restore the SSI state supplement amount to within $1.00 of November 1997 levels and pass along the federal COLA thereby allowing the department to meet federal pass along requirements for 1998. Already filed as an emergency adoption under WSR 97-24-035.

Reasons Supporting Proposal: Required by federal law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara Hargrave, P.O. Box 45470, Olympia, WA 98504, (360) 413-3104.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 62 Fed. Reg. Number 210 (October 30, 1997).

Explanation of Rule, its Purpose, and Anticipated Effects: Purpose: The department plans to change the method of determining the supplemental security income (SSI) state supplement amount to stay within allotted levels. Under the Balanced Budget Act of 1997, SSI state supplement expenditures are expected to exceed allotments, so the department will return to the "total expenditure method" to hold expenditures to allotted levels. Under this method, state supplement expenditures in the current calendar year must "meet, or exceed" total expenditures in the prior calendar year. This rule is also necessary to pass along the federal 2.1 percent cost-of-living adjustment (COLA) for the SSI program.

On January 1, 1998, the department will restore the state supplement payment to $1.00 below November 1997 levels, and extend the reduction to the entire caseload. The state will also pass along the federal SSI cost-of-living adjustment (COLA) on January 1, 1998, which will offset the impact of the reduced amount of the state supplement for clients.

Proposal Changes the Following Existing Rules: Amends WAC 388-250-1700 Standards of assistance--Supplemental security income. See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Change in SSI state supplement standards does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to the Department of Social and Health Services rules concerning client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 102, Lacey, WA 98503, on January 27, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by January 16, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by January 27, 1998.

Date of Intended Adoption: No sooner than January 28, 1998.

December 17, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-14-011, filed 6/19/97, effective 8/1/97)

WAC 388-250-1700 Standards of assistance--Federal, state supplemental and combined benefit levels for clients eligible for supplemental security income. ((Effective January 1, 1997, the standards of SSI assistance paid to an eligible individual and couple are:

(1) Living alone (own household or alternate care, except nursing homes or medical institutions).

Federal

SSI State

Standard Benefit Supplement

Area I: King, Pierce, Snohomish, Thurston, and Kitsap Counties

Individual $512.00 $484.00 $ 28.00

Individual with one essential person 748.00 726.00 22.00

Couple:

Both eligible 748.00 726.00 22.00

Includes one essential person 748.00 726.00 22.00

Includes ineligible spouse 652.20 484.00 168.20

Area II: All Counties Other Than the Above

Individual $491.55 484.00 7.55

Individual with one essential person 726.00 726.00 0

Couple:

Both eligible 726.00 726.00 0

Includes one essential person 726.00 726.00 0

Includes ineligible spouse 622.25 484.00 138.25

Areas I and II:

Eligible individual with more than one essential person: $484.00 for eligible individual plus $242.00 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $726.00 for eligible couple plus $242.00 for each essential person (no state supplement).

(2) Shared living (Supplied shelter): Area I and II

Federal

SSI State

Standard Benefit Supplement

Individual $328.48 $322.67 $ 5.81

Individual with one essential person 490.30 484.00 6.30

Couple:

Both eligible 490.30 484.00 6.30

Includes one essential person 490.30 484.00 6.30

Includes ineligible spouse 426.43 322.67 103.76

Area I and II:

Eligible individual with more than one essential person: $322.67 for eligible individual plus $161.33 for each essential person (no state supplement).

Eligible couple with one or more essential persons: $484.00 for eligible couple plus $161.33 for each essential person (no state supplement).

(3) Residing in a medical institution: Area I and II

Federal

SSI State

Standard Benefit Supplement

No change $41.62 $30.00 $11.62

(4) Mandatory income level (MIL) for grandfathered claimant. Increased by three dollars and seventy-eight cents for all MIL clients, except for those converted in a "D" living arrangement (residing in a medical institution at the time of conversion).))

(1) Supplemental Security Income (SSI) is a 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 supplemental the federal benefit level with state funds, known as the SSI state supplement. Persons found eligible for SSI receive cash assistance based on the combined federal and state supplement benefit levels, minus countable income.

(2) Effective January 1, 1998, the federal, state and combined benefit levels for an eligible individual and couple are:

(a) Area I: King, Pierce, Snohomish, Thurston, and Kitsap Counties.

(i) Living alone (own household or alternate care, except nursing homes or medical institutions.

[Open Style:Columns Off]

Federal Benefit State Supplement Combined Federal/State

LIVING ALONE Level Benefit Level Benefit Level

Individual $494.00 $27.00 $521.00

Individual with One

Essential Person¹ $741.00 $21.00 $762.00

Couple, both Eligible $741.00 $21.00 $762.00

Couple with One

Essential Person² $741.00 $21.00 $762.00

Couple includes

Ineligible Spouse $494.00 $167.20 $661.20

(ii) Shared living (supplied shelter).

Federal Benefit State Supplement Combined Benefit

SHARED LIVING Level Benefit Level Level

Individual $329.34 $4.81 $334.15

Individual with One

Essential Person³ $494.00 $5.30 $499.30

Couple, Both Eligible $494.00 $5.30 $499.30

Couple includes One

Essential Person⁴ $494.00 $5.30 $499.30

Couple includes

Ineligible Spouse $329.34 $102.76 $432.10

(b) Area II: All counties other than the above.

(i) Living alone (own household or alternate care, except nursing homes or medical institutions).

Federal Benefit State Supplement Combined Federal/State

LIVING ALONE Level Benefit Level Benefit Level

Individual $494.00 $6.55 $500.55

Individual with One

Essential Person¹ $741.00 $0 $741.00

Couple, Both Eligible $741.00 $0 $741.00

Couple with One

Essential Person² $741.00 $0 $741.00

Couple includes

Ineligible Spouse $494.00 $137.25 $631.25

(ii) Shared living (supplied shelter).

Federal Benefit State Supplement Combined Benefit

SHARED LIVING Level Benefit Level Level

Individual $329.34 $4.81 $334.15

Individual with One

Essential Person³ $494.00 $5.30 $499.30

Couple, Both Eligible $494.00 $5.30 $499.30

Couple includes One

Essential Person⁴ $494.00 $5.30 $499.30

Couple includes

Ineligible Spouse $329.34 $102.76 $432.10

(c) Residing in a medical institution: Area I and II

Federal Benefit State Supplement Combined Benefit

MEDICAL INSTITUTION Level Benefit Level Level

Individual $30.00 $11.62 $41.62

[Open Style:Columns On]

(d) Mandatory income level (MIL) for grandfathered claimant. "Grandfathered" refers to a person who qualified for assistance from the state as aged, blind, or disabled, was converted from the state to federal disability assistance under SSI in January 1974, and has remained continuously eligible for SSI since that date.

The combined federal/state SSI benefit level for MIL clients is the higher of the following:

(i) The state assistance standard they received in December 1973, except for those converted in a "D" living arrangement (residing in a medical institution at the time of conversion), plus the federal cost-of-living adjustments (COLA) since then; or

(ii) The current standard.

¹ Eligible individual with more than one essential person living alone: $494.00 for the eligible individual plus $247.00 for each essential person (no state supplement).

² Eligible couple with one or more essential persons living alone: $741.00 for eligible couple plus $247.00 for each essential person (no state supplement).

³ Eligible individual with more than one essential person in shared living: $329.34 for eligible individual plus $164.66 for each essential person (no state supplement).

⁴ Eligible couple with one or more essential persons in shared living: $494.00 for eligible couple plus $164.66 for each essential person (no state supplement).