WSR 13-19-064
(Economic Services Administration)
[Filed September 17, 2013, 9:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-14-036.
Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)? and 388-478-0057 Year-end adjustment to the SSI state supplement.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on October 22, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 23, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on October 22, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 8, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments will maintain the yearly total amount of state supplemental payment (SSP) expenditures at the same level each calendar year by decreasing the amount of monthly SSP payments from $46.00 to $40.00 to SSI recipients who have an ineligible spouse, are age sixty-five or older, or are blind. The proposed amendments also allow the state to maintain the total SSP expenditures at the same level each year, without an increase or decrease in total spending for the program.
Reasons Supporting Proposal: The proposed amendments are necessary to maintain SSP spending at the amount equal to what it was in the prior year. If the state exceeds the total SSP expenditures, the state will be obligated to pay at least the same increased amount for the life of the program.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, 712 Pear Street S.E., Olympia, 98501, (360) 725-4641.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes do not have an economic impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328(5):
(b)(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party;
(b)(vii) "[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."
September 11, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-16-067, filed 7/31/08, effective 9/1/08)
WAC 388-478-0055 How much do I get from my state supplemental payments (SSP)?
(1) The SSP is a payment from the state ((for)) to certain SSI eligible people (see WAC 388-474-0012).
(2) If you converted to the federal SSI program from state assistance in January 1974, because you were aged, blind, or disabled, and have remained continuously eligible for SSI since January 1974, the department calls you a grandfathered client. Social Security calls you a mandatory income level (MIL) client.
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))) (3) The monthly SSP ((rates)) rate standards for eligible persons under WAC 388-474-0012 and individuals residing in an institution are:
SSP eligible persons
((Monthly SSP Rate)) Standard
Individual (aged 65 and older)
$((46.00)) 40.00
Individual (blind as determined by SSA)
$((46.00)) 40.00
Individual with an ineligible spouse
$((46.00)) 40.00
Grandfathered (MIL)
Varies by individual based on federal requirements. Payments range between $0.54 and $199.77.
Medical institution
Monthly SSP Rate
(4) We may adjust the SSP rate standards at the end of the calendar year to comply with WAC 388-478-0057.
AMENDATORY SECTION (Amending WSR 01-22-088, filed 11/5/01, effective 12/6/01)
WAC 388-478-0057 ((Year-end adjustments)) Adjustments to the SSI state supplement payments (SSP).
For the purposes of this rule, "we" refers to the department of social and health services. We are required by federal law to maintain the total SSI state supplement payments (SSP) at the same level each year, without an increase or decrease in total spending. ((This)) We may ((result in adjustment to)) adjust your SSI state supplement ((benefits)) payment ((at the end of the year)) amount as necessary to comply with federal law.
(1) ((If)) When there are unexpended funds, you will receive a one-time ((bonus)) additional payment, usually at the end of the calendar year.
(2) When there is a shortage in available funds, we will decrease your ((state supplement)) SSP benefits ((will be decreased)) to maintain the total SSP payment spending at the same level each year ((. The decrease will usually be spread out over multiple months to reduce the negative impact on you)).