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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 192. Employment Security Department |
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Chapter 192-230. Recovery of overpayments. |
Section 192-230-020. How are cash payments and offsets applied to my overpayment?
Latest version.
- (1) If the department has assessed more than one overpayment against you, we will first apply payments against any overpayment involving fraud. If there are multiple overpayments involving fraud, we will apply payments in order beginning with the oldest benefit year. If none of the overpayments involve fraud, we will apply payments in order beginning with the oldest benefit year.(2) Within the priority established in subsection (1) of this section, the department will apply cash payments to the outstanding balance in the following order:(a) Court costs including, but not limited to, filing fees and surcharges paid to the court for their official services, and surcharges and fees collected by the court for distribution to other programs or funds. It does not, however, apply to surcharges paid to the court under RCW 40.14.027 which are applied under (f) of this subsection.(b) Interest.(c) Penalties based on fraud.(d) Charges for payments dishonored by nonacceptance or nonpayment.(e) Overpaid benefits.(f) Surcharge assessed under RCW 40.14.027.(3) The department will only apply offsets to the overpaid benefits. Court costs, fraud penalties, interest, and surcharges cannot be offset; they must be repaid.(4) The department will charge twenty-five dollars for each dishonored payment you submit. This is considered a commercial charge under the Uniform Commercial Code (RCW 62A.3-515).[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-020, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-230-020, filed 5/12/10, effective 6/12/10; WSR 07-23-128, § 192-230-020, filed 11/21/07, effective 1/1/08.]