WSR 11-11-088

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 18, 2011, 8:56 a.m. , effective June 18, 2011 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: On December 15, 2010, the USDA Food and Nutrition Service published the final regulation, "Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards" to correct and clarify provisions of the final rule on recipient claims published at 65 F.R. 41752 on July 6, 2000. The department is amending its rules covering collection of overpayments for SNAP benefits. The amended rules comply with federal SNAP recipient claim establishment and collection regulations by removing alien sponsor liability for SNAP food assistance overpayments received by aliens they have sponsored.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-410-0035.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

     Other Authority: 7 C.F.R. § 273.18(a).

      Adopted under notice filed as WSR 11-07-086 on March 22, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 16, 2011.

Katherine I. Vasquez

Rules Coordinator

4279.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-410-0035   Are alien and alien sponsors jointly responsible for cash((,)) and food assistance overpayments((.))?   (1) ((An)) The following applies to cash assistance overpayments:

     (a) When a cash overpayment to a sponsored alien results from incorrect information provided by the alien's sponsor, both the alien and their sponsor are jointly and individually liable for ((any)) the cash assistance overpayment ((of cash or food assistance)) made to the sponsored alien during the three years after the alien's entry into the United States.

     (((2) When an overpayment to a sponsored alien results from incorrect information provided by the alien's sponsor, both the alien and the sponsor are liable for repayment.

     (3) When the alien's sponsor had good cause for reporting the incorrect information, the sponsored alien is solely liable for an inadvertent household error overpayment.

     (4) When good cause does not exist, collection action is initiated against:

     (a) The alien's sponsor; or

     (b) The sponsored alien's assistance unit; or

     (c) Of the two, the one considered most likely to repay first.

     (5) Collection action is initiated against an alien's sponsor for an inadvertent household error when:

     (a) A department representative contacts the sponsor in person or by phone; and

     (b) The sponsor is informed in writing there will be no responsibility for repayment if good cause for reporting incorrect information causing the overpayment can be demonstrated.

     (6))) (b) Collection action is initiated against the sponsored alien's cash assistance unit for an inadvertent household error when:

     (((a))) (i) Collection action is taken first against the alien's sponsor; and

     (((b))) (ii) The alien's sponsor does not respond within thirty days; or

     (((c))) (iii) The sponsored alien provides incorrect information concerning the sponsor or sponsor's spouse through misunderstanding or unintended error.

     (2) The following applies to food assistance overpayments:

     (a) Responsibility for food assistance overpayments under WAC 388-410-0025 also apply to sponsored alien assistance units.

     (b) A sponsored alien is individually liable for any food assistance overpayments made to the sponsored alien. The alien's sponsor cannot be held liable for food assistance overpayments.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-410-0035, filed 7/31/98, effective 9/1/98.]

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