WAC 388-410-0030

Effective March 21, 2014

WAC 388-410-0030 How does the department calculate and set up my Basic Food or WASHCAP overpayment?

  1. We calculate the amount of your Basic Food or WASHCAP overpayment by counting the difference between:

    1. The benefits your assistance unit (AU) received; and

    2. The benefits your AU should have received.

  2. To calculate the benefits your AU should have received, we determine what we would have authorized if we:

    1. Had correct and complete information; and

    2. Followed all the necessary procedures to determine your AU's eligibility and benefits.

  3. If you did not report your earned income as required under WAC 388-418-0005 and WAC 388-418-0007, you do not receive the earned income deduction under WAC 388-450-0185 when we calculate your overpayment amount.

  4. If we paid you too few Basic Food or WASHCAP benefits for a period of time, we will use the amount we underpaid your AU to reduce your overpayment if:

    1. We have not already issued you benefits to replace what you were underpaid; and

    2. We have not used this amount to reduce another overpayment.

  5. We must set up an inadvertent household error or administrative error overpayment if:

    1. We discovered the overpayment through the federal quality control process;

    2. You currently receive Basic Food or WASHCAP benefits; or

    3. The overpayment is over one hundred twenty-five dollars and you do not currently receive Basic Food or WASHCAP benefits.

  6. If you have an inadvertent household error that we referred for prosecution or an administrative disqualification hearing, we will not set up and start collecting the overpayment if doing so could negatively impact this process.

  7. We set up an intentional program violation overpayment based on the results of an administrative disqualification hearing (chapter 388-02 WAC) unless:

    1. Your AU has repaid the overpayment; or

    2. We have referred your inadvertent household error for prosecution and collecting the overpayment could negatively impact this process.

  8. We must calculate the overpayment amount:

    1. For an administrative error overpayment - up to twelve months prior to when we became aware of the overpayment;

    2. For an inadvertent household error overpayment - for no more than twenty-four months before we became aware of the overpayment; and

    3. For intentional program violation (IPV) overpayments - from the month the act of IPV first occurred but no more than six years before we became aware of the overpayment.

 

 

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.