WPIC 70.17 Theft—Public Assistance Fraud—Duty to Notify

Use this instruction as appropriate in public assistance fraud cases.

RCW 74.04.300.

Statutory definitions exist for “recipient,” “income,” and “resource.” See RCW 74.04.005.

RCW 74.08.331 requires disclosure of information “as required by law.” The requirements for disclosing this information are set forth in RCW 74.04.300. The same statute requires the department to advise applicants for assistance that failure to report as required or to reveal resources and income, as well as false statements, will result in recovery by the State of any overpayment and may result in criminal prosecution. Mere failure by a recipient to comply with the duty of notification of a change in circumstances is insufficient evidence of welfare fraud, in the absence of a showing that he was informed of this duty by the department or that he knew of it in any other way. “[A]bsent evidence of such knowledge, there can be no finding his failure to notify was ‘willful’ rather than inadvertent.” State v. LaRue, 74 Wn.App. 757, 761, 875 P.2d 701 (1994).

Failure to disclose a matter in obtaining public assistance constitutes a crime only if the matter is specifically required to be disclosed by statute. The duty to disclose cannot be imposed by administrative regulation. State v. Ermert, 94 Wn.2d 839, 621 P.2d 121 (1980). Also see State v. Wallace, 97 Wn.2d 846, 651 P.2d 201 (1982); State v. Matthews, 28 Wn.App. 198, 624 P.2d 720 (1981).