WSR 02-23-032

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 12, 2002, 3:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-16-078.

Title of Rule: Amending WAC 388-478-0055 How much do I get from my supplemental security income (SSI) and state supplemental payments (SSP)? and adopting new WAC 388-474-0012 What is a state supplemental payment and who can get it?

Purpose: 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, and simplifies rule language. WAC 388-474-0012 changes reflect the legislature's directive defining the eligibility criteria for receiving a state supplemental payment (SSP) in Washington state.

Other Identifying Information: 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.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Summary: The change to WAC 388-478-0055 explains to SSI and SSP clients what their SSI and SSP payment amounts will be after the cost of living adjustments and the legislative directive to change the category of SSI client who can get a state supplement. The addition of new WAC 388-474-0012 implements the legislature's directive about who can receive a Washington SSI supplemental payment (SSP).

Reasons Supporting Proposal: The legislature, in the budget details for ESSB 6387 (chapter 371, Laws of 2002), instructed the department to change the direction of the SSP program and adjusted the SSP funding level for Economic Services Administration's SSI clients. These changes to eligibility and to the payment standards are described in WAC 388-478-0055 and 388-474-0012. WAC 388-478-0055 also reflects the 2003 cost of living adjustment (COLA).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3074.

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: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: Changes to these rules tell clients about the new SSI and SSP payment amounts based upon the annual cost of living adjustment. The change to rule WAC 388-478-0055 simplifies rule language according to clear writing principals. A new rule WAC 388-474-0012 is needed to comply with the March 2002 legislative directive to pay a SSP to only two categories of SSI recipients.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses, they only affect DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." These rules adopt changes to the state supplemental payment program eligibility as directed by the legislature.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 7, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 3, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernAX@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, e-mail fernaax@dshs.wa.gov by 5:00 p.m., January 7, 2003.

Date of Intended Adoption: Not earlier than January 8, 2003.

November 7, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3051.3
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))

553.00

$ ((25.90))

0.00

$ ((556.90))

553.00

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))

553.00

$ ((166.10))

70.00

$ ((697.10))

623.00

Couple $ ((796.00))

828.00

$ ((19.90))

0.00

$ ((815.90))

828.00

((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 $828.00 $0.00 $828.00

(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))

368.42

$ ((3.71))

0.00

$ ((357.71))

368.42

Individual with:

One essential person

(($ 531.34))

552.97

(($ 4.20))

0.00

(($ 535.54))

552.97

((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))

368.42

$ ((101.66))

70.00

$ ((455.66))

438.42

Couple $ ((530.67))

552.29

$ ((4.20))

0.00

$ ((534.87))

552.29

((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 $552.29 $0.00 $552.29

(((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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Washington State Code Reviser's Office