Benefit Errors - Alien and Alien Sponsor Overpayments
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Benefit Errors - Alien and Alien Sponsor Overpayments


Revised June 3, 2011



Purpose:

WAC 388-410-0035Are alien and alien sponsors jointly responsible for cash and food assistance overpayments?

WAC 388-410-0035

WAC 388-410-0035

Effective June 18, 2011

WAC 388-410-0035 Are alien and alien sponsors jointly responsible for cash and food assistance overpayments?

1)    The following applies to cash assistance overpayments:  

a)    When a cash overpayment to a sponsored alien results from incorrect information provided by the alien’s sponsor, both the alien and their sponsor are jointly and individually liable for the cash assistance overpayment made to the sponsored alien during the three years after the alien's entry into the United States.

b)    Collection action is initiated against the sponsored alien's cash assistance unit for an inadvertent household error when:

                              i.        Collection action is taken first against the alien's sponsor; and

                             ii.        The alien's sponsor does not respond within thirty days; or

                            iii.        The sponsored alien provides incorrect information concerning the sponsor or sponsor's spouse through misunderstanding or unintended error.

2)    The following applies to food assistance overpayments:  

a)    Responsibility for food assistance overpayments under WAC 388-410-0025 also apply to sponsored alien assistance units.

b)    A sponsored alien is individually liable for any food assistance overpayment made to the sponsored alien.  The alien’s sponsor cannot be held liable for food assistance overpayments.

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.

WORKER RESPONSIBILITIES

If the department determines that an assistance unit’s overpayment amount needs to be modified because of an error, the worker should refer to the ACES manual Benefit Error Group, Modify a BEG – Underpayment or Overpayment.


ACES PROCEDURES

See Benefit Error Group (BEG) – Modify a BEG – Underpayment or Overpayment
Modification Date: June 3, 2011