Clarifying Information - WAC 388-410-0001

1. Intentional Overpayment:

The result of the client's willful knowing concealment of information or failure to reveal information resulting in the overpayment.

2. Unintentional Overpayment:

a. An unintentional client error overpayment is based on the condition that although caused by the client, there was no intent to obtain or retain assistance for which the client knew they were not eligible.

b. An unintentional department error overpayment is the direct result of omission, neglect, or error by the department in acting on information affecting the amount of benefits for which a client is eligible.

c. An unintentional technical error is an overpayment not directly caused by department error or client error. These types of overpayments are due to effective dates and procedural requirements. The following are examples of technical errors:

Administrative Hearings: Continued assistance pending a fair hearing results in an overpayment when the decision of the department is upheld. Continued assistance overpayments can't be established for more than 60 days' worth of benefits from the date the administrative hearing was requested.

Ten-Day Advance Notice: When advance notice requirements for termination or a reduction in benefits results in a payment of benefits for which the client isn't eligible, the resulting one-time payment is an overpayment.

3. Strikers:

Prior to July 1, 1999, an overpayment exists for any month in which a member of a TANF/SFA household is on strike on the last day of that month. Starting with July 1999 benefits, there are no overpayments based solely on a member of the TANF/SFA assistance unit being on strike.

4. Prospective Budgeting:

An overpayment exists when a client intentionally understates their estimated income for the first 2 months of eligibility. See WAC 388-450-0215 .

5. When Someone Fails to Report a Change of Circumstances Required for Cash Only:

When someone doesn't report a change of circumstances required under WAC 388-418-0005 , we determine if a client has an overpayment for each program based on that program’s reporting requirements.

If the person was not required to report a change for Basic Food or medical benefits, we do not set up an overpayment for these programs based on the unreported change. This is true even if we would have reduced benefits if the household reported the change.

6. Diaper Related Payments (DRP):

DRP is not pro-rated and all overpayments will be for the full amount issued in the ineligible month(s). DRP will only have an overpayment if the assistance unit was completely ineligible for DRP (i.e., no child under 3 in the household and/or the assistance unit wasn’t eligible for TANF)