Element #4:

Equitable estoppel is necessary to prevent a manifest injustice. The overpayment is clearly unfair to the client based on the way that it occurred and repayment would compromise the client's ability to meet basic needs.

Factors which can be used as evidence of element #4:

The client cannot repay the overpayment without drawing on funds needed for basic requirements. Document income and expenditures. Verify only questionable amounts.

It is clear that the client acted in good faith by following the rules required to maintain eligibility for public assistance. a) The client reported income timely and accurately

b) The overpayment was solely due to department error; and

c) The client has "clean hands". That is, without fault. The client fulfilled all their responsibility to inform the department of changes in their circumstances.