Hi - as you may know, the House Operating Budget unfortunately included language directing DSHS and Commerce to study the "costs and benefits" of making people repay their HEN rental assistance.
We believe that it is very misguided to ask disabled, extremely low income people to repay their housing assistance. This creates a very dangerous precedent and would risk the security of very low income folks. SSI is only $771 max and folks will need their
back payments for basic needs. Our main concerns are summarized below in more detail.
The Housing Alliance and Poverty Action are asking other human services advocates to join us in a sign on letter asking the House budget writers to eliminate the study. You can read and sign the letter here: https://www.surveymonkey.com/r/HENStudysignonletter2019
The deadline to sign is Wednesday at 8:00 so that we can get it to the House budget leaders soon. (The study was not included in the Senate budget, but we've alerted Senate leaders as well).
Thank you!
Michele
- Deducting back payments for housing would destabilize an already precarious transition from HEN/ABD to SSI:
SSI back payments play a critical role in ensuring that SSI is a transition to stability. For many clients who received HEN, the transition to SSI may mean having to move to a new apartment. This is because in many regions of the state the maximum HEN payments
paid by county providers combined with the ABD cash grant is above SSI’s $771/month payment. This means a client would no longer be able to afford the housing that was subsidized for them while on HEN.
This critical back payment helps cover the high costs of first and last months’ rent, security deposits, and other costs associated with moving and transitioning to long-term stability.
- Greatly diminished back payments would increase the likelihood of clients going into debt to pay attorney fees:
Under federal law, the SSI attorney is entitled to claim either 25 percent of the back payment or $6,000, whichever is less. The attorney payment is calculated at the time of the award but is paid after the state has been reimbursed for the cost of interim
assistance. Currently, the state deducts the cost of ABD payment as interim assistance.
If the cost of HEN were added to what the state recovers, back payment would be greatly diminished, and it would become more common for it to be eliminated entirely. Given that federal regulation requires the state to be paid before the attorney, attorneys
would need to file a claim with the Social Security Administration to collect their attorney fees directly from the client. This would result in clients being set up for legal action for outstanding debts to attorneys, thereby threatening the SSI payments
they have worked to obtain.
Below is the bill language:
NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—ECONOMIC SERVICES PROGRAM
(11) By December 1, 2019, the department, in collaboration with the department of commerce and housing providers, must report to the governor and the appropriate fiscal and policy committees of the legislature
on the costs and benefits of recovering social security supplemental security income payments for housing assistance provided to clients served through the aged, blind, or disabled and housing and essential needs referral programs.
Michele Thomas
She/her/hers
Director of Policy and Advocacy
Washington Low Income Housing Alliance and Housing Alliance Action Fund