PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: December 4, 2002.
Purpose: The Division of Employment and Assistance Programs is adopting the rule to notify clients that their food assistance overpayment calculation disallows the earned income disregard for unreported earned income, and that an intentional program violation (IPV) can only be set up when the outcome of an administrative hearing determines that an IPV is appropriate.
Citation of Existing Rules Affected by this Order: Amending WAC 388-410-0030.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Adopted under notice filed as WSR 02-21-063 on October 15, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 1,
Repealed 0.
Effective Date of Rule:
February 1, 2003.
December 4, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3177.1(a) The benefits your assistance unit (AU) received; and
(b) 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:
(a) Had correct and complete information; and
(b) 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 388-468-0007, you do not get the earned income disregard under WAC 388-450-0185 when we calculate your overpayment amount.
(4) If you were underpaid food assistance benefits for a period of time, we will use these benefits to reduce your overpayment if:
(a) We have not already issued you benefits to replace what you were underpaid; and
(b) We have not used this amount to reduce another overpayment.
(((4))) (5) We set up an inadvertent household error or
administrative error overpayment if:
(a) We discovered the overpayment through the quality control process;
(b) You currently get food assistance benefits; or
(c) The overpayment is over one hundred twenty-five dollars and you do not currently get food assistance benefits.
(((5))) (6) We do not set up inadvertent household error
or administrative error overpayment if:
(a) We cannot find the responsible AU members; or
(b) We have referred your inadvertent household error for prosecution or an administrative disqualification hearing and collecting the overpayment could negatively impact this process.
(((6))) (7) We set up an intentional program violation
overpayment based on the results of an administrative hearing
(chapter 388-02 WAC) unless:
(a) Your AU has repaid the overpayment;
(b) We cannot find the responsible AU members; or
(c) We have referred your inadvertent household error for prosecution and collecting the overpayment could negatively impact this process.
[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510, 7 C.F.R. 273.18. 02-06-090, § 388-410-0030, filed 3/1/02, effective 4/1/02. Statutory Authority: RCW 74.04.510. 01-14-032, § 388-410-0030, filed 6/28/01, effective 8/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-410-0030, filed 7/31/98, effective 9/1/98.]