WSR 02-08-020

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 25, 2002, 3:34 p.m. ]

     Date of Adoption: March 22, 2002.

     Purpose: WAC 388-478-0055, supplemental security income (SSI) standards. The Division of Employment and Assistance Programs is amending this rule to pass along the federal 2.6% cost-of-living (COLA) for the SSI program effective January 1, 2002.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0055, SSI standards.

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.057.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: Notification of the exact amount of the federal COLA increases was received in late October, which was too late for the regular adoption process. This adoption was further delayed by policy changes created by state budgetary shortfalls. Currently this WAC is in the regular adoption process and has been included with amendments filed under WSR 02-07-115. The department was unable to make this rule permanent before the emergency deadline expired but is making a strong effort to do so as quickly as the process will allow.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Immediately.

March 22, 2002

Bonnie Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3051.2
AMENDATORY SECTION(Amending WSR 01-19-024, filed 9/12/01, effective 11/1/01)

WAC 388-478-0055   ((SSI payment standards for eligible recipients.)) How much do I get from my Supplemental Security Income (SSI) and state supplemental payments (SSP)?   (1) ((Supplemental Security Income ())SSI(())) is a federal 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)) SSP is a payment from the state that you get because you get SSI.

     If you are eligible for SSI, you will receive a federal cash payment from SSI, as well as a SSP cash payment from the state.

     If you were converted from state assistance to the federal SSI program in January 1974 because you were aged, blind, or disabled, the department calls you a grandfathered client. SSI calls you a mandatory income level (MIL) client. To be a grandfathered MIL client, you must have remained continuously eligible for SSI from January 1974.

     A change in living situation, cost-of-living adjustment (COLA) or federal benefit level (FPL) can affect a MIL (grandfathered) client. A MIL (grandfathered) client gets a federal SSI benefit and a SSP payment, which totals the higher 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 standard.

     (2) 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 $ ((531.00)) 545.00 $ ((25.90)) 21.00 $ ((556.90)) 556.00
((Individual with:

One essential person))

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

Multiple essential persons))

 (($531 for the eligible individual plus $266 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((531.00)) 545.00 $ ((166.10)) 42.00 $ ((697.10)) 587.00
Couple $ ((796.00)) 817.00 $ ((19.90)) 42.00 $ ((815.90)) 859.00
((Couple with one or more essential persons)) (($796 for eligible couple plus $266 for each essential person (no state supplement)))
MIL (individuals with or without an ineligible spouse, essential persons and couples) Subject to change in living situation, FBL, or COLA Frozen at the current payment rate Variable

     (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 $ ((531.00)) 545.00 $ ((5.45)) 21.00 $ ((536.45)) 566.00
((Individual with:

One essential person))

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

Multiple essential persons))

 (($531 for the eligible individual plus $266 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((531.00)) 545.00 $ ((136.15)) 42.00 $ ((667.15)) 587.00
Couple $ ((796.00)) 817.00 $ ((0.00)) 42.00 $ ((796.00)) 859.00
((Couple with one or more essential persons)) (($796 for eligible couple plus $266 for each essential person (no state supplement)))
MIL (individuals with or without ineligible spouse, essential persons, and couples Subject to change in living situation, FBL, and COLA Frozen at the current payment rate Variable

     (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 $ ((354.00)) 367.05 $ ((3.71)) 21.00 $ ((357.71)) 388.05
((Individual with:

One essential person))

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

Multiple essential persons))

 (($354.00 for the eligible individual plus $177.00 for each essential person (no state supplement)))
Individual with an ineligible spouse $ ((354.00)) 465.00 $ ((101.66)) 42.00 $ ((455.66)) 507.00
Couple $ ((530.67)) 548.87 $ ((4.20)) 42.00 $ ((534.87)) 590.87
((Couple with one or more essential persons)) (($530.67 for eligible couple plus $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. 01-19-024, § 388-478-0055, filed 9/12/01, effective 11/1/01; 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.]

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