WSR 19-03-098
(Economic Services Administration)
[Filed January 15, 2019, 11:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-21-195.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-410-0005 Cash assistance overpayment amount and liability.
Hearing Location(s): On February 26, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than February 27, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., February 26, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by February 12, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments is to change which members of a household are and are not responsible for TANF overpayments. Under the proposed changes, children will not be responsible for TANF overpayments and circumstances in which overpayments are recovered from nonneedy caretaker relatives or guardians are clarified.
Reasons Supporting Proposal: The proposed changes protect children's financial wellbeing by removing children's liability for TANF overpayments. These changes also clarify who is responsible for an overpayment when a child becomes part of a different household than the household that received the overpayment. This ensures that caregivers are not responsible for overpayments related to a child that occurred when the child was part of a different household.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, 74.08A.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504-5470, 360-522-2214.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule is exempt under RCW 34.05.328 (5)(b)(vii), rules of DSHS relating only to client medical or financial eligibility and rules concerning liability for care of dependents.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 34.05.328 (5)(b)(vii).
Explanation of exemptions: The proposed rules do not impact small business or nonprofits. They only impact DSHS clients.
January 10, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-18-004, filed 8/22/13, effective 10/1/13)
WAC 388-410-0005Cash assistance overpayment amount and liability.
(1) The amount of overpayment for cash assistance households is determined by the amount of assistance received to which the assistance unit was not entitled.
(2) Cash overpayments are recovered from:
(a) Any individual member of an overpaid assistance unit, whether or not the member is currently a recipient; ((or))
(b) Any assistance unit of which a member of the overpaid assistance unit has subsequently become a member; or
(c) A nonneedy caretaker relative or guardian who received the overpayment on behalf of a child.
(3) A cash assistance overpayment is not recovered from:
(a) A nonneedy caretaker relative or guardian who ((received no financial benefit from the payment of))did not receive the overpayment on behalf of a child;
(b) A child who was in the assistance unit at the time the overpayment was accrued;
(c) A nonneedy caretaker relative or guardian who was assessed an overpayment for a child who is not currently part of the assistance unit; or
(((b)))(d) A person not receiving assistance when an unintentional overpayment of less than thirty-five dollars is discovered ((and/or)), computed, or both.
(4) Overpayments resulting from incorrectly received cash assistance are reduced by:
(a) Cash assistance a household would have been eligible to receive from any other category of cash assistance during the period of ineligibility; and
(b) Child support the department collected for the month of overpayment in excess of the amount specified in (a) of this subsection; or
(c) Any existing grant underpayments.
(5) A cash assistance overpayment cannot be reduced by a food assistance underpayment.
(6) An underpayment from one assistance unit cannot be credited to another assistance unit to offset an overpayment.
(7) All overpayments occurring after January 1, 1982 are required to be repaid by mandatory grant deduction except where recovery is inequitable as specified in WAC 388-410-0010.