WSR 01-16-086

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 25, 2001, 3:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-15-015.

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

Purpose: The standards were updated June 28, 2001, by emergency rule, WSR 01-14-031. This rule making is necessary to permanently adopt these rules. This rule is being amended to correct the federal SSI benefit levels. The federal Department of Labor erred in their computation of the Consumer Price Index for the year 2000. That resulted in the Social Security Administration erring in their computation of the cost-of-living adjustment (COLA) for the SSI program.

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090.

Statute Being Implemented: Chapters 74.04, 74.08 RCW.

Summary: To correct the federal SSI benefit levels.

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, U.S. Code 42 Section 1382 (f)(g).

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will correct the federal SSI benefit levels for individuals affected by the error in the computation of the COLA.

Proposal Changes the Following Existing Rules: This proposal updates the amount of the federal SSI benefit levels for individuals affected by the error in the computation of the COLA.

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 September 4, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Kelly Cooper, DSHS Rules Coordinator by August 29, 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 September 4, 2001.

Date of Intended Adoption: No sooner than September 5, 2001.

July 17, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2955.1
AMENDATORY SECTION(Amending WSR 01-08-015, filed 3/23/01, effective 5/1/01)

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 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.

(2) ((Effective, 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 $ ((530.00)) 531.00 $ 25.90 $ ((555.90)) 556.90
Individual with:

One essential person

 $ ((796.00)) 797.00 $ 19.90 $ ((815.90)) 816.90
Individual with:

Multiple essential persons

 $((530)) 531 for the eligible individual plus $((257)) 266 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((530.00)) 531.00 $ 166.10 $ ((696.10)) 697.10
Couple $ 796.00 $ 19.90 $ 815.90
Couple with one or more essential persons $796 for eligible couple plus $((257)) 266 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 $ ((530.00)) 531.00 $ 5.45 $ ((535.45)) 536.45
Individual with:

One essential person

 $ ((796.00)) 797.00 $ 0.00 $ ((796.00)) 797.00
Individual with:

Multiple essential persons

 $((530)) 531 for the eligible individual plus $((257)) 266 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((530.00)) 531.00 $ 136.15 $ ((666.15)) 667.15
Couple $ 796.00 $ 0.00 $ 796.00
Couple with one or more essential persons $796 for eligible couple plus $((257)) 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 Level State Supplement Benefit Level Combined Federal/State Benefit Level
Individual $ ((353.34)) 354.00 $ 3.71 $ ((357.05)) 357.71
Individual with:

One essential person

 $ ((530.00)) 531.34 $ 4.20 $ ((534.20)) 535.54
Individual with:

Multiple essential persons

 $((353.34)) 354.00 for the eligible individual plus $((170.66)) 177.00 for each essential person (no state supplement)
Individual with an ineligible spouse $ ((353.24)) 354.00 $ 101.66 $ ((455.00)) 455.66
Couple $ 530.67 $ 4.20 $ 534.87
Couple with one or more essential persons $530.67 for eligible couple plus $((170.66)) 177.00 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. 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. 01-08-015, 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.]

Washington State Code Reviser's Office