WSR 07-23-004

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed November 8, 2007, 9:11 a.m. , effective December 9, 2007 ]


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

Purpose: Children's administration is amending the wording in existing WAC 388-25-1000, 388-25-1010, 388-25-1020, 388-25-1030, and 388-25-1050 that discusses the children's administration state supplementary payment (SSP) program. These amendments clarify the program, eligibility, and appeal rights. This is done to comply with legislative directives, to respond to concerns from the federal Social Security Administration, and to make the SSP payment process more efficient and accurate.

Citation of Existing Rules Affected by this Order: Amending WAC 388-25-1000, 388-25-1010, 388-25-1020, 388-25-1030, and 388-25-1050.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031.

Other Authority: 2001-03 Supplemental Budget - ESSB 6387 (chapter 371, Laws of 2002).

Adopted under notice filed as WSR 07-19-104 on September 19, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Date Adopted: November 5, 2007.

Stephanie E. Schiller

Rules Coordinator

3912.2
AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1000   What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?   The children's administration state supplementary payment (CA/SSP) is a state-paid cash assistance program for specific eligible foster children with the children's administration. The CA/SSP program may be discontinued at any time and for any reason, and is limited to the funds available to children's administration for such payments. Receipt of a CA/SSP payment in any month does not guarantee payment for subsequent months even if all eligibility criteria remain met.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1000, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1010   What are the eligibility requirements for the CA/SSP program?   To be eligible to receive CA/SSP, you must ((be a child who has entered foster care (Title 45 CFR 1355.20) and is eligible for and receiving Supplemental Security Income (SSI), receiving behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month, and not be eligible for foster care reimbursement under Title IV-E of the Social Security Act (42 U.S.C. 670))) meet all of the following eligibility requirements:

(1) Be a child who has entered foster care (Title 45 CFR 1355.20);

(2) Already receive Supplemental Security Income (SSI) benefits or have recently received notice of an award for such benefits; and

(3) Receive behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month; and

(4) Not receive foster care maintenance payments under Title IV-E of the Social Security Act (42.U.S.C. 670).

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1010, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1020   When will my eligibility for CA/SSP be determined?   The SSP eligibility verification and payment process is usually ((done)) completed two months following the month of your potential eligibility for an SSP payment. You will receive an SSP payment when all of the eligibility criteria (WAC 388-25-1010) have been verified. Children who have recently received notice of an award for SSI will receive a CA/SSP payment beginning the month the Social Security Administration places them into pay status, if all other eligibility criteria are met for that month.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1020, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1030   How will I know if I am eligible to receive a CA/SSP payment?   Once you have been identified as eligible for a CA/SSP payment, CA will send out written notification to the current SSI representative payee((s, legal guardians, and children age eighteen and above)).

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1030, filed 5/9/05, effective 6/9/05.]


AMENDATORY SECTION(Amending WSR 05-11-016, filed 5/9/05, effective 6/9/05)

WAC 388-25-1050   What are my appeal rights if CA determines that I am not eligible for CA/SSP?   In the event that your eligibility for CA/SSP payments is denied or terminated, or the amount of such payments is reduced, you have the right to ((appeal children's administration's denial, termination, or reduction of eligibility for the CA/SSP under RCW 74.13.045 and chapter 34.05 RCW and chapter 388-02 WAC)) file an informal complaint pursuant to RCW 74.13.045 and chapter 388-39A WAC and to request a hearing under chapter 34.05 RCW and chapter 388-02 WAC, except that there is no right to a hearing if the reason for the change is lack of funding.

[Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. 05-11-016, 388-25-1050, filed 5/9/05, effective 6/9/05.]

Washington State Code Reviser's Office