- (1) The amount of overpayment for cash assistance households is determined by the amount of assistance received to which the assistance unit was not entitled.
(2) Cash overpayments are recovered from:
- (a) Any adult member of an overpaid assistance unit, whether or not the member is currently a recipient;
- (b) Any assistance unit of which an adult member of the overpaid assistance unit has subsequently become a member;
- (c) A nonneedy caretaker relative or guardian who received assistance for a child who is in the assistance unit; or
- (d) An assistance unit when an unintentional overpayment of aged, blind, or disabled (ABD) cash assistance is established prior to July 1, 2025.
(3) A cash assistance overpayment is not recovered from:
- (a) A child who was in the assistance unit at the time the overpayment was accrued; or
- (b) A person not receiving assistance when an unintentional overpayment of less than $35 is discovered, computed, or both.
(4) Overpayments resulting from incorrectly received cash assistance are reduced by:
- (a) Cash assistance a household would have been eligible to receive from any other category of cash assistance during the period of ineligibility; and
- (b) Child support the department collected for the month of overpayment in excess of the amount specified in (a) of this subsection; or
- (c) Any existing grant underpayments.
- (5) A cash assistance overpayment cannot be reduced by a food assistance underpayment.
- (6) An underpayment from one assistance unit cannot be credited to another assistance unit to offset an overpayment.
- (7) All overpayments occurring after January 1, 1982, are required to be repaid by mandatory grant deduction except where recovery is inequitable as specified in WAC 388-410-0010.
- (8) The department will not establish unintentional overpayments, as defined in WAC 388-410-0001, of aged, blind, or disabled (ABD) cash assistance on or after July 1, 2025.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, and 2025 c 331. WSR 25-22-027, s 388-410-0005, filed 10/27/25, effective 11/27/25. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120. WSR 20-02-047, § 388-410-0005, filed 12/23/19, effective 2/1/20. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120. WSR 19-08-066, § 388-410-0005, filed 3/29/19, effective 5/1/19. 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 13-18-004, § 388-410-0005, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. WSR 98-16-044, § 388-410-0005, filed 7/31/98, effective 9/1/98.]