WSR 01-16-137

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 31, 2001, 4:21 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-11-050.

Title of Rule: WAC 388-474-0010 How does SSI affect eligibility for other programs?

Purpose: To clarify when persons eligible for TANF/SFA are not eligible for the SSI state supplement as an ineligible spouse. The intent is that the parent's needs be included in the TANF/SFA grant, and be ineligible for the SSI state supplement when there is eligibility for TANF/SFA. This revision will also clarify an ineligible spouse as being ineligible for general assistance.

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

Statute Being Implemented: Chapters 74.04, 74.08 RCW.

Summary: We are clarifying how SSI affects a person's eligibility for other programs, specifically TANF/SFA and general assistance.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3264.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will clarify how SSI eligibility affects eligibility for other programs.

Proposal Changes the Following Existing Rules: Amends WAC 388-474-0010 to clarify how SSI affects a person's eligibility for TANF/SFA and general assistance.

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

RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "significant legislative rule" but DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 4, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by August 29, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 4, 2001.

Date of Intended Adoption: No sooner than September 5, 2001.

July 26, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2963.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-474-0010   How does SSI affect eligibility for ((other)) cash assistance programs((.))?   A person who is married to an SSI recipient but cannot get SSI in their own right is an "ineligible spouse."

(1) ((The)) If you are an ineligible spouse ((of an)), you cannot get the SSI ((recipient is not eligible for the)) state supplement ((for an ineligible spouse when they are authorized for TANF)) (see WAC 388-478-0055) if you are:

(a) The caretaker relative of a child who receives TANF or SFA; and

(b) Required to be included in the TANF or SFA assistance unit with the child under WAC 388-408-0015.

(2) ((The)) If you are an ineligible spouse ((of an)) and are eligible for the SSI ((recipient qualifies for inclusion in the SSI grant and is)) state supplement, you are not eligible for general assistance benefits.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-474-0010, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office