WAC 388-410-0035

Effective September 1, 1998

WAC 388-410-0035 Alien sponsor cash, medical, and food assistance overpayments.

  1. An alien and their sponsor are jointly and individually liable for any overpayment of cash or food assistance made to the 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:

    1. The alien's sponsor; or

    2. The sponsored alien's assistance unit; or

    3. 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:

    1. A department representative contacts the sponsor in person or by phone; and

    2. 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. Collection action is initiated against the sponsored alien's assistance unit for an inadvertent household error when:

    1. Collection action is taken first against the alien's sponsor; and

    2. The alien's sponsor does not respond within thirty days; or

    3. The sponsored alien provides incorrect information concerning the sponsor or sponsor's spouse through misunderstanding or unintended error.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.