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AGO 1951 No. 012 - April 13, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

DEPARTMENT OF SOCIAL SECURITY ‑- RATABLE REDUCTIONS ‑- GRANTS.

The method of making ratable reductions correctly interprets section 1, chapter 274, Laws of 1951, and is in conformity with the provisions of Initiative 178.

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                                                                   April 13, 1951

Department of Social Security
Social Security Building
Olympia, Washington                                                                                         Cite as:  AGO 51-53 No. 12

Attention:  !ttMr. L. R. Montgomery, Acting Assistant Director

Gentlemen:

            This is in answer to your recent request for the opinion of this office on the question of whether or not the method of making ratable reductions outlined in the enclosed plan material correctly interprets section 1 of chapter 274, Laws of 1951.

            Our conclusion may be summarized as follows:

            The method of making ratable reductions established in the enclosed plan material correctly interprets section 1, chapter 274, Laws of 1951, and is in conformity with the provisions of Initiative 178.

                                                                     ANALYSIS

            The pertinent portion of section 1, chapter 274, Laws of 1951, provides as follows:

            "In the event that the appropriation for the department of social security is insufficient to pay full grants to all recipients of public assistance, the department is authorized to consider all income  [[Orig. Op. Page 2]] and resources in relation to the total requirements under the standards of assistance in the department, in applying a ratable reduction, but such income or resources shall only be considered available to reduce the amount of the payment to the recipient to the extent that such income or resources exceeds the amount of the ratable reduction.  * * *"

            We have reviewed the plan material and we find that the Department of Social Security is taking into consideration all income and resources available to a recipient in applying a ratable reduction but that such income and resources are only considered available to reduce the amount of the payment to the recipient to the extent that the income or resource exceeds the amount of the ratable reduction.

            Accordingly, you are advised that it is the opinion of this office that the Department of Social Security is complying with the provisions of chapter 274, Laws of 1951, in putting ratable reductions into effect and in addition, that the method followed by the Department is in conformity with section 9, chapter 1, Laws of 1951 (Initiative 178).

Very truly yours,

SMITH TROY
Attorney General

JANE DOWDLE
Assistant Attorney General

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