Clarifying Information - WAC 388-410-0033

Repaying an overpayment: The Department collects from the client by reducing Basic Food benefits. Clients can also repay an overpayment by paying the OFR directly. The adults in the overpayment assistance unit share the responsibility for repaying an overpayment even if they later belong to different assistance units. We consider a person who receives Basic Food or WASHCAP benefits as having the ability to repay an overpayment.

When can an overpayment be reduced: The CSO can reduce an overpayment debt only if the overpayment was incorrectly calculated for an amount larger than is actually owed. An Administrative Law Judge (ALJ) can order an overpayment debt waived or reduced to correct an overpayment that was calculated in error. An ALJ doesn't have the authority to reduce or waive an overpayment based on hardship. OFR can reduce an established overpayment:

A person responsible for an overpayment may be able to negotiate a reduction of the debt. OFR is the secretary's designee for the department under RCW 43.20A.110 and uses criteria under RCW 43.20B.030 to determine if an overpayment should be reduced or dismissed as allowed under Title 7 CFR §273.18(c)(7)

i. OFR OFR determines if a reduction of the debt would be cost effective for the department instead of continuing collections through other means.

ii. Normally, reducing the debt is cost effective only if the person is willing to pay the remaining debt off in full.

iii. People can contact OFR to negotiate a reduction in the overpayment by calling at 800-562-6114.

OFR takes the necessary steps to collect the overpayment. This includes allotment reduction, installment payments, and lump sums, as well as other means of collection.

We don’t recover an existing overpayment from the first month's benefits of a newly-approved application for WASHCAP or Basic Food. We do recover an overpayment from the first month of an AU's certification period if we recertified the AU with no break in eligibility. How overpayments are collected:

NOTE: If we remove Basic Food benefits from a client's EBT account through the expungement process, OFR will reduce the client's overpayment by the amount we expunged from the client's EBT account.