Benefit Errors - Recovery Through Mandatory Grant Reductions
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Benefit Errors - Recovery Through Mandatory Grant Reductions


Revised March 25, 2011



WAC 388-410-0015Recovery of cash assistance overpayments by mandatory grant deduction

WAC 388-410-0015

WAC 388-410-0015

Effective September 1, 1998

WAC 388-410-0015 Recovery of cash assistance overpayments by mandatory grant deduction

  1. All overpayments of cash assistance are recovered by means of a mandatory deduction from future continuing assistance grants except as specified by WAC 388-410-0010

  2. All members of an overpaid assistance unit are responsible for repayment of an overpayment. Repayment may be from:

    1. Resources and/or income; or

    2. Deductions from subsequent grants; and

    3. An assistance unit member's estate.

  3. The mandatory grant deduction of an intentional overpayment is ten percent of the monthly grant payment standard.

  4. A monthly grant deduction of up to one hundred percent of the grant can be established when:

    1. The overpayment is intentional;

    2. The client has liquid resources available but refuses to use these resources in full or partial satisfaction of the overpayment; and

    3. The amount of income and resources remaining available to the assistance unit is not less than ninety percent of the grant payment standard.

  5. An unintentional overpayment is recovered by grant deduction of five percent of the monthly grant payment standard unless the client voluntarily requests a larger deduction in writing.

  6. A monthly deduction for overpayment recovery can be established against the clothing and incidental grant of a recipient in a nursing facility, intermediate care facility, or hospital. A monthly deduction cannot be established against the vendor payment to the nursing facility, intermediate care facility or hospital.

  7. When the monthly grant deduction is equal to or more than the current grant for which the client is eligible had no overpayment occurred, the grant is suspended.

  8. No more than the total amount of an overpayment may be collected by mandatory deduction from a client's public assistance grant. The client will receive compensation for an underpayment resulting from any erroneous monthly deduction.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

Grant Deductions

  1. A grant deduction is a specified dollar amount used to recover grant overpayments. If the amount is more than the mandatory deduction standard (10 per cent) for intentional grant overpayments, it must be agreed to by the client.
  2. Five percent mandatory deductions are used for unintentional grant overpayments

  3. A grant deduction to temporarily reduce the standard 5 or 10 per cent deduction can be used if an exception to policy due to hardship is approved.

  4. A grant deduction can be taken in addition to, or instead of, a 5 or 10 per cent deduction.


WORKER RESPONSIBILITIES

  1. If the recipient requests a fair hearing regarding the assessment of the overpayment or the monthly deduction of overpayment during the advance notice period, notify OFR to discontinue collection.
  2. Reimburse the client as soon as possible for any underpayment resulting from erroneous monthly deductions.

Modification Date: March 25, 2011