WSR 02-21-063

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed October 15, 2002, 3:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-17-069 on August 16, 2002.

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

Purpose: 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.

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: The change to this rule clarifies how an overpayment calculation determines the error amount and informs the client that intentional program violation status must be determined through the administrative hearing process.

Name of Agency Personnel Responsible for Drafting: Carole McRae, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3074; Implementation and Enforcement: Pam Raymond, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3087.

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? 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. The changes as a result of this rule do not affect small businesses. They affect client eligibility for DSHS services and in this particular case are intended to clarify how overpayment amounts are calculated and that the administrative hearing process precedes the setup of an intentional program violation (IPV).

RCW 34.05.328 does not apply to this rule adoption. These rules are exempt from significant legislative rule requirements per 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."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 26, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 22, 2002, 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, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., November 26, 2002.

Date of Intended Adoption: Not earlier than November 27, 2002.

October 9, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3177.1
AMENDATORY SECTION(Amending WSR 02-06-090, filed 3/1/02, effective 4/1/02)

WAC 388-410-0030   How does the department calculate and set up my food assistance overpayment?   (1) The department calculates the amount of your 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, 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.]

Washington State Code Reviser's Office