WSR 00-08-058

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 31, 2000, 10:59 a.m. ]

Original Notice.

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

Title of Rule: WAC 388-478-0055 SSI standards.

Purpose: Update supplemental security income (SSI) standards for January 1, 2000. These standards were updated January 1, 2000, by emergency rule. This rule making is necessary to permanently adopt these rules.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.057.

Statute Being Implemented: RCW 74.08.090, 74.04.057.

Summary: WAC 388-478-0055 SSI standards, is being amended to pass along the federal 2.4% cost-of-living adjustment (COLA) for the SSI program. There is no change in the SSI state supplement amounts except for individuals living alone. To remain within legislatively-directed spending levels, state supplement amounts were temporarily lowered by $1 per month for October through December and are now being returned (increased by $1) to the pre-October levels. Standards tables have been reformatted to include information previously contained in footnotes.

Reasons Supporting Proposal: Federal requirement.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jay Emry, LGC, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3021.

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

Rule is necessary because of federal law, Social Security Act, Section 1617; 42 U.S.C. 1382f.

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: Summary: WAC 388-478-0055 SSI standards, is being amended to pass along the federal 2.4% cost-of-living adjustment (COLA) for the SSI program. There is no change in the SSI state supplement amounts except for individuals living alone. To remain within legislatively-directed spending levels, state supplement amounts were temporarily lowered by $1 per month for October through December and are now being returned (increased by $1) to the pre-October levels. Standards tables have been reformatted to include information previously contained in footnotes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. This amendment does not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on May 9, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by April 28, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by May 9, 2000.

Date of Intended Adoption: May 10, 2000.

March 31, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2693.3
AMENDATORY SECTION(Amending WSR 99-18-063, filed 8/30/99, effective 10/1/99)

WAC 388-478-0055
SSI standards.

(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 supplemented 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 ((October 1, 1999)) January 1, 2000, the federal, state and combined benefit levels for an eligible individual and couple are:

(a) ((Area I)) Living alone area 1: King, Pierce, Snohomish, Thurston, and Kitsap Counties.

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


LIVING ALONE Federal Benefit Level State Supplement Benefit Level Combined Federal/State Benefit Level
Individual $ 500.00 $26.00 $ 526.00
Individual with One Essential Person1 $ 750.00 $21.00 $ 771.00
Couple, both Eligible $ 751.00 $21.00 $ 772.00
Couple with One Essential Person2 $ 751.00 $21.00 $ 772.00
Couple includes Ineligible Spouse $ 500.00 $167.20 $ 667.20

(ii) Shared living (supplied shelter).


SHARED LIVING Federal Benefit Level State Supplement Benefit Level Combined Benefit Level
Individual $ 333.34 $4.81 $ 338.15
Individual with One Essential Person3 $ 500.00 $5.30 $ 505.30
Couple, Both Eligible $ 500.67 $5.30 $ 505.97
Couple includes One Essential Person4 $ 500.67 $5.30 $ 505.97
Couple includes Ineligible Spouse $ 333.34 $102.76 $ 436.10

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

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


LIVING ALONE Federal Benefit Level State Supplement Benefit Level Combined Federal/State Benefit Level
Individual $ 500.00 $ 5.55 $ 505.55
Individual with One Essential Person1 $ 750.00 $0 $ 750.00
Couple, Both Eligible $ 751.00 $0 $ 751.00
Couple with One Essential Person2 $ 751.00 $0 $ 751.00
Couple includes Ineligible Spouse $ 500.00 $137.25 $ 637.25

(ii) Shared living (supplied shelter).


SHARED LIVING Federal Benefit Level State Supplement Benefit Level Combined Benefit Level
Individual $ 333.34 $4.81 $ 338.15
Individual with One Essential Person3 $ 500.00 $5.30 $ 505.30
Couple, Both Eligible $ 500.67 $5.30 $ 505.97
Couple includes One Essential Person4 $ 500.67 $5.30 $ 505.97
Couple includes Ineligible Spouse $ 333.34 $102.76 $ 436.10

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


MEDICAL INSTITUTION Federal Benefit Level State Supplement Benefit Level Combined Benefit Level
Individual $30.00 $11.62 $41.62

))


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

Federal Benefit Level

State Supplement Benefit Level

Combined Federal/State Benefit Level

Individual $ 512.00 $27.00 $ 539.00
Individual with:

One essential person

$ 769.00 $21.00 $ 790.00
Individual with:

Multiple essential persons

$512 for the eligible individual plus $257 for each essential person (no state supplement)
Individual with an ineligible spouse $ 512.00 $ 167.20 $ 679.20
Couple $ 769.00 $21.00 $ 790.00
Couple with one or more essential persons $ 769 for eligible couple plus $257 for each essential person (no state supplement)

(b) Living along area 2: All other counties.


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

Federal Benefit Level

State Supplement Benefit Level

Combined Federal/State Benefit Level

Individual $ 512.00 $6.55 $ 518.55
Individual with:

One essential person

$ 769.00 $0.00 $ 769.00
Individual with:

Multiple essential persons

$512 for the eligible individual plus $257 for each essential person (no state supplement)
Individual with an ineligible spouse $ 512.00 $ 137.25 $ 649.25
Couple $ 769.00 $0.00 $ 769.00
Couple with one or more essential persons $ 769 for eligible couple plus $257 for each essential person (no state supplement)

(c) Shared living for both Area 1 and 2.


SHARED LIVING Federal Benefit Level State Supplement Benefit Level Combined Federal/State Benefit Level
Individual $ 341.34 $4.81 $ 346.15
Individual with:

One essential person

$ 512.00 $5.30 $ 517.30
Individual with:

Multiple essential persons

$341.34 for the eligible individual plus $170.67 for each essential person (no state supplement)
Individual with an ineligible spouse $ 341.34 $ 102.76 $ 444.10
Couple $ 512.67 $5.30 $ 517.97
Couple with one or more essential persons $512.67 for eligible couple plus $170.67 for each essential person (no state supplement)

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


MEDICAL INSTITUTION Federal Benefit Level State Supplement Benefit Level Combined Benefit Level
Individual $30.00 $11.62 $41.62

(((d))) (e) 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: $ 500.00 for the eligible individual plus $ 250.00 for each essential person (no state supplement).

2 Eligible couple with one or more essential persons living alone: $ 751.00 for eligible couple plus $ 250.00 for each essential person (no state supplement).

3 Eligible individual with more than one essential person in shared living: $ 333.34 for eligible individual plus $ 166.66 for each essential person (no state supplement).

4 Eligible couple with one or more essential persons in shared living: $ 500.67 for eligible couple plus $ 166.66 for each essential person (no state supplement).))

[Statutory Authority: RCW 74.08.090 and 74.04.057. 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.]

Washington State Code Reviser's Office