Wash. Admin. Code § 192-230-040 - When are interest charges added to my overpayment?
(1) Interest will not be charged on an
overpayment assessed by another state.
(2) Interest will be charged at the rate of
one percent per month for overpayments based on fraud. The interest will be
charged on both the overpaid benefits and the fraud penalty, if any. If you
appeal the finding of fraud, interest will accrue while the appeal is pending
and will be added to your overpayment if the finding of fraud is
upheld.
(3) If the overpayment is
not based on fraud, interest will be charged at the rate of one percent per
month when any portion of two or more minimum monthly payments is
delinquent.
(4) In addition to the
principal amount, interest will accrue based on the total of the overpayment
including, but not limited to, interest, penalties, court costs, charges for
dishonored payments, and related charges or fees.
(5) If the overpayment includes both fraud
and nonfraud weeks, interest will be charged proportionally as described in
subsections (2) and (3).
(6) In
unusual circumstances, and at his or her discretion, the commissioner may
suspend the assessment or collection of interest charges for overpayments not
based on fraud.
(7) Interest is
calculated on a monthly cycle as follows:
(a)
For fraud overpayments, interest accrues beginning on the date the
determination of fraud is effective.
(b) For nonfraud overpayments, interest
accrues immediately, beginning after the due date.
Notes
Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 07-23-128, § 192-230-040, filed 11/21/07, effective 1/1/08.
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