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WAC 388-446-0001

When does the department refer a cash or food assistance case for prosecution for fraud?

(1) We consider it fraud if you misrepresent your circumstances in order to be eligible for or to receive more benefits than you would receive based on your actual circumstances. This includes misrepresenting:
(a) Who is in the household;
(b) The income of people in your assistance unit;
(c) Your living expenses; or
(d) Other circumstances that impact your eligibility and monthly benefits.
(2) We suspect fraud if it appears that you received more benefits than you should have and it appears that you:
(a) Made an intentional misstatement about your circumstances that caused the incorrect benefits; or
(b) Intentionally failed to reveal information that impacts your eligibility.
(3) If we receive a report of fraud, we actively investigate the circumstances to determine if there is substantial evidence to support a finding of fraud. This includes referring the case for investigation by the office of fraud and accountability.
(4) If we have substantial evidence to support a finding of fraud for cash or food assistance, we refer the case for prosecution. The prosecuting attorney's office decides which cases they will pursue for prosecution.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 2011 1st sp.s. c 15. WSR 13-18-007, § 388-446-0001, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and 2011 c 42. WSR 11-19-047, § 388-446-0001, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-446-0001, filed 7/31/98, effective 9/1/98. Formerly WAC 388-501-0140.]
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