PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: On December 15, 2010, the USDA Food and Nutrition Service published the final regulation, "Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards" to correct and clarify provisions of the final rule on recipient claims published at 65 F.R. 41752 on July 6, 2000. The department is amending its rules covering collection of overpayments for SNAP benefits. The amended rules comply with federal SNAP recipient claim establishment and collection regulations by removing alien sponsor liability for SNAP food assistance overpayments received by aliens they have sponsored.
Citation of Existing Rules Affected by this Order: Amending WAC 388-410-0035.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Other Authority: 7 C.F.R. § 273.18(a).
Adopted under notice filed as WSR 11-07-086 on March 22, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 16, 2011.
Katherine I. Vasquez
Rules Coordinator
4279.3 (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 ((any)) the cash assistance overpayment ((of cash
or food assistance)) made to the sponsored alien during the
three years after the alien's entry into the United States.
(((2) When an overpayment to a sponsored alien results
from incorrect information provided by the alien's sponsor,
both the alien and the sponsor are liable for repayment.
(3) When the alien's sponsor had good cause for reporting the incorrect information, the sponsored alien is solely liable for an inadvertent household error overpayment.
(4) When good cause does not exist, collection action is initiated against:
(a) The alien's sponsor; or
(b) The sponsored alien's assistance unit; or
(c) Of the two, the one considered most likely to repay first.
(5) Collection action is initiated against an alien's sponsor for an inadvertent household error when:
(a) A department representative contacts the sponsor in person or by phone; and
(b) The sponsor is informed in writing there will be no responsibility for repayment if good cause for reporting incorrect information causing the overpayment can be demonstrated.
(6))) (b) Collection action is initiated against the sponsored alien's cash assistance unit for an inadvertent household error when:
(((a))) (i) Collection action is taken first against the
alien's sponsor; and
(((b))) (ii) The alien's sponsor does not respond within
thirty days; or
(((c))) (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 overpayments made to the sponsored alien. The alien's sponsor cannot be held liable for food assistance overpayments.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-410-0035, filed 7/31/98, effective 9/1/98.]