WSR 98-06-057

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed February 27, 1998, 3:52 p.m.]

Date of Adoption: February 27, 1998.

Purpose: The department will revise the supplemental security income (SSI) state supplement amount to stay within allotted levels and pass along the federal 2.1 percent cost-of-living adjustment (COLA) per Federal Register, Vol. 62, No. 210, dated October 31, 1997.

Citation of Existing Rules Affected by this Order: Amending WAC 388-250-1700.

Statutory Authority for Adoption: RCW 74.04.600.

Other Authority: RCW 74.04.620, Federal Register, Vol. 62, No. 210 (10/30/97).

Adopted under notice filed as WSR 98-01-126 on December 18, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

February 27, 1998

Edith M. Rice, Chief

Office of Legal Affairs

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).

[Statutory Authority: RCW 74.08.090, 74.04.630 and Social Security Act COLA Increases (Federal Register 61 pages 55346-51) 1997. 97-14-011, 388-250-1700, filed 6/19/97, effective 8/1/97. Statutory Authority: RCW 74.08.090 and Legislative decision in the 1995 Budget Bill. 96-10-044 (Order 3972), 388-250-1700, filed 4/26/96, effective 5/27/96; 95-20-028 (Order 3903), 388-250-1700, filed 9/27/95, effective 10/28/95. Statutory Authority: RCW 74.04.050 and 45 CFR 233.20 (a)(2)(vi). 95-03-046 (Order 3822), 388-250-1700, filed 1/11/95, effective 2/11/95. Statutory Authority: 1994 sp.s. c 6. 94-15-003 (Order 3750), 388-250-1700, filed 7/7/94, effective 8/7/94. Statutory Authority: RCW 74.08.090. 94-09-001 (Order 3729), 388-250-1700, filed 4/6/94, effective 5/7/94.]