388-410-0035  <<  388-410-0040 >>   End of Chapter

WAC 388-410-0040

Cash and food assistance underpayments.

(1) All cash assistance underpayments not credited against an overpayment are repaid upon discovery to any current or former recipient.
(2) All food assistance benefits underpaid are restored when:
(a) An underpayment was caused by department error;
(b) An administrative disqualification for intentional program violation was reversed;
(c) A rule or instruction specifies restoration of unpaid benefits; or
(d) A court action finds benefits were wrongfully withheld.
(3) A client is eligible for restoration of underpaid benefits for any of the twelve months prior to:
(a) The month the client requests restoration;
(b) The month the department discovers an underpayment;
(c) The date the household makes a fair hearing request when a request for restoration of benefits was not received; or
(d) The date court action was started when the client has taken no other action to obtain restoration of benefits.
(4) The client may request a fair hearing if they disagree with the amount of benefits the department determines were underpaid.
(5) If household composition changes prior to the department's restoration of an underpayment, the underpayment is paid to:
(a) First, the household containing a majority of the persons who were household members at the time of the underpayment; or
(b) Second, the household containing the head of the household at the time of the underpayment.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, ยง 388-410-0040, filed 7/31/98, effective 9/1/98.]
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