PDFWAC 192-220-080
How do I obtain a waiver?
(1) When a decision is issued that creates an overpayment, the department will send you an application for waiver if you are potentially eligible.
(2) The waiver application asks for information concerning your financial condition and other circumstances which will help the department determine if the overpayment should be waived.
(3) The financial information requested includes documentation for the previous month, current month, and following month of your:
(a) Income and, to the extent available, the income of other household members who contribute financially to the household;
(b) Expenses; and
(c) Readily available liquid assets including, but not limited to, checking and savings account balances, stocks, bonds, and cash on hand.
(4) The completed application and supporting documents must be returned to the department by the response deadline indicated in the notice, which will be no less than five working days plus reasonable mailing time, if any. If you do not provide the information by the deadline, the department will make a decision about your eligibility for waiver based on available information.
(5) A waiver cannot exceed the total amount of benefits available on your claim. The department will not waive the overpayment in such a way as to allow you to receive either a greater weekly benefit amount or a greater total benefit amount than you were originally eligible to receive. Any benefits waived are considered paid to you.
Example: You misplace a benefit check and request a replacement from the department. You subsequently cash both the original check and the replacement. Waiver will not be approved under these circumstances because you have been paid twice for the same week.
(6) If a waiver is approved based on information that is later found to be false or misleading, the amount waived will be restored to your overpayment balance.
(7) For benefits paid for the week beginning February 2, 2020, through the week ending September 4, 2021, the department will allow claimants to apply a second time for a waiver of their overpayment for benefits, even if the individual previously had an overpayment waiver request denied or was previously deemed ineligible for an overpayment waiver.
[Statutory Authority: RCW 50.20.190, 50.24.020, 50.12.010, 50.12.040, and UIPL No. 20-21, Change 1. WSR 23-24-056, § 192-220-080, filed 12/1/23, effective 1/1/24. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-220-080, filed 1/31/17, effective 3/3/17; WSR 16-21-013, § 192-220-080, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-080, filed 10/9/08, effective 11/9/08.]