WSR 01-04-068

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 5, 2001, 4:57 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-478-0055 SSI standards.

Purpose: Update supplemental security income (SSI) standards for January 1, 2001. These standards were updated January 1, 2001, by emergency rule. This rule making is necessary to permanently adopt these rules. This rule will repeal WAC 388-478-0056, as the state supplement standards that were effective January 1, 2001, have been incorporated into this permanent rule filing.

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090.

Statute Being Implemented: Chapters 74.04, 74.08 RCW.

Summary: WAC 388-478-0055 SSI standards, is being amended to pass along the federal 3.5% cost-of-living adjustment (COLA) for the SSI program. Slight changes have been made in the text of this rule in order to meet clear rule-writing standards.

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 necessary because of federal law, 42 U.S.C. 1382(f), 1382(g).

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will update the supplemental security income (SSI) standards for January 1, 2001. These standards were updated January 1, 2001, by emergency rule. This rule-making is necessary to permanently adopt these rules.

Proposal Changes the Following Existing Rules: This rule will repeal WAC 388-478-0056 SSI state supplement standards. That rule is no longer necessary, as the state supplement standards have been incorporated into the permanent rule filing of WAC 388-478-0055.

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 March 13, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by March 6, 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 March 13, 2001.

Date of Intended Adoption: No sooner than March 14, 2001.

February 1, 2001

Bonita H. Jacques, Chief

Office of Legal Affairs

2886.4
AMENDATORY SECTION(Amending WSR 00-20-054, filed 9/29/00, effective 11/1/00)

WAC 388-478-0055   SSI payment standards for eligible recipients.   (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 ((supplemented)) added to the federal benefit level with state funds, known as the SSI state supplement. ((Persons)) 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.

(2) Effective(([,] November 1 through December 31, 2000)), January 1, 2001, the federal, state and combined benefit levels 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 Level

State Supplement Benefit Level

Combined Federal/State Benefit Level
Individual $ ((512.00)) 530.00 $ ((22.90)) 25.90 $ ((534.90)) 555.90
Individual with:

One essential person

 $ ((769.00)) 796.00 $ ((21.00)) 19.90 $ ((790.00)) 815.90
Individual with:

Multiple essential persons

 $((512)) 530 for the eligible individual plus $257 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((512.00)) 530.00 $ ((167.20)) 166.10 $ ((679.20)) 696.10
Couple $ ((769.00)) 796.00 $ ((21.00)) 19.90 $ ((790.00)) 815.90
Couple with one or more essential persons $ ((769)) 796 for eligible couple plus $257 for each essential person (no state supplement)

(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 $ ((512.00)) 530.00 $ ((2.45))

5.45

 $ ((514.45)) 535.45
Individual with:

One essential person

 $ ((769.00)) 796.00 $ 0.00 $ ((769.00)) 796.00
Individual with:

Multiple essential persons

 $((512)) 530 for the eligible individual plus $257 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((512.00)) 530.00 $ ((137.25)) 136.15 $ ((649.25)) 666.15
Couple $ ((769.00)) 796.00 $ 0.00 $ ((769.00)) 796.00
Couple with one or more essential persons $ ((769)) 796 for eligible couple plus $257 for each essential person (no state supplement)

(c) If you are in shared living ((for both)) in either Area 1 ((and)) or 2.


SHARED LIVING - In the home of another person Federal Benefit Level State Supplement Benefit Level Combined Federal/State Benefit Level
Individual $ ((341.34)) 353.34 $ ((4.81))

3.71

 $ ((346.15)) 357.05
Individual with:

One essential person

 $ ((512.00)) 530.00 $ ((5.30))

4.20

 $ ((517.30)) 534.20
Individual with:

Multiple essential persons

 $((341.34)) 353.34 for the eligible individual plus $((170.67)) 170.66 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((341.34)) 353.24 $ ((102.76))

101.66

 $ ((444.10)) 455.00
Couple $ ((512.67)) 530.67 $ ((5.30))

4.20

 $ ((517.97)) 534.87
Couple with one or more essential persons $((512.67)) 530.67 for eligible couple plus $((170.67)) 170.66 for each essential person (no state supplement)

(d) If you are residing in a medical institution: Area 1 and 2.


MEDICAL INSTITUTION Federal Benefit Level State Supplement Benefit Level Combined Benefit Level
Individual $ 30.00 $ 11.62 $ 41.62

(e) Mandatory income level (MIL) for grandfathered claimant. (("Grandfathered" refers to a person who)) You are "grandfathered" if you qualified for assistance from the state as aged, blind, or disabled, ((was)) were converted from the state to federal disability assistance under SSI in January 1974, and ((has)) have remained continuously eligible for SSI since that date.

((The)) If you are a MIL client, your combined federal/state SSI benefit level ((for MIL clients)) is the higher of the following:

(i) The state assistance standard ((they)) you received in December 1973, except ((for those converted in a "D" living arrangement (residing)) 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. 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-478-0056 SSI state supplement standards.

Washington State Code Reviser's Office