Section 388-827-0420. Who is liable for repayment of an overpayment?

(1) If you received the money in your own name, you are responsible for repayment.

(2) If you are paid through a representative payee, both you and the representative payee may be responsible for repayment.

(a) You are responsible to the extent that the incorrect payments were spent on you or your behalf. Funds conserved by a representative payee to which you do not have direct access have not been spent on you or your behalf.

(b) If the incorrect payments were spent on you or your behalf and the representative payee is without fault in connection with the overpayment, you are solely responsible for repayment.

(c) The representative payee is solely responsible for repayment if:

(i) The incorrect payments were not spent on you or your behalf; and

(ii) The representative payee is at fault in connection with the overpayment.

(d) A government entity or an institution can be a representative payee and can be found responsible for repayment, just as a private individual can.

(e) You and the representative payee are both responsible for repayment when the incorrect payments have been spent on you or your behalf and the representative payee is at fault.

(3) The representative payee is at fault when the representative payee was aware of the reason you were not eligible for the SSP.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, 2002 c 371. WSR 04-02-015, § 388-827-0420, filed 12/29/03, effective 1/29/04.]

RCW 71A.12.030, 71A.10.020, 2002 c 371. WSR 04-02-015, § 388-827-0420, filed 12/29/03, effective 1/29/04.