WSR 03-17-086

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 19, 2003, 4:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-040 on March 13, 2003.

Title of Rule: WAC 388-410-0030 How does the department calculate and set up my food assistance overpayment?

Purpose: To correct a typographical error to the WAC reference in subsection (3) from WAC 388-468-0007 to 388-418-0007. To update the name of the food assistance program from food stamps or food assistance to basic food.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Summary: This rule corrects a typographical error in a WAC reference in subsection (3). The WAC reference is changed from 388-468-0007 to 388-418-0007. It also changes all references to food assistance or food stamps to the new basic food name.

Reasons Supporting Proposal: The current reference does not support the statements in subsection (3). The incorrect WAC reference will confuse the public. The old food stamp/food assistance program has been renamed as "basic food." All references to the older program are updated with this filing.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, 1009 College S.E., Lacey, WA 98504, (360) 413-3074.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 7 C.F.R. 273.18 Claims against households.

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-410-0030 How does the department calculate and set up my food assistance overpayment?

Purpose and Effect: See Title of Rule and Summary above.

Proposal Changes the Following Existing Rules: See Title of Rule and Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "(t)his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal rules mandated by Title 7 of the Code of Federal Regulations Part 273.18 regarding department claims for overpaid benefits for which a client was not eligible.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 23, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 19, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., September 23, 2003.

Date of Intended Adoption: No earlier than September 24, 2003.

August 8, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3290.1
AMENDATORY SECTION(Amending WSR 03-01-005, filed 12/4/02, effective 2/1/03)

WAC 388-410-0030   How does the department calculate and set up my Basic Food ((assistance)) overpayment?   (1) The department calculates the amount of your Basic Food ((assistance)) overpayment by counting the difference between:

(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)) 388-418-0007, you do not get the earned income disregard under WAC 388-450-0185 when we calculate your overpayment amount.

(4) If you were underpaid Basic 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.

(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 Basic Food ((assistance)) benefits; or

(c) The overpayment is over one hundred twenty-five dollars and you do not currently get Basic Food ((assistance)) benefits.

(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.

(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 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-01-005, 388-410-0030, filed 12/4/02, effective 2/1/03. 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.]

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