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WILLIG v. STATE, DEPT. OF HEALTH & WELFARE

No. 21334.

899 P.2d 969 (1995)

127 Idaho 259

Delores WILLIG, Appellant-Appellant on Appeal, v. STATE of Idaho, DEPARTMENT OF HEALTH & WELFARE, Respondent-Respondent on Appeal.

Supreme Court of Idaho, Lewiston, April 1995 Term.

July 10, 1995.

Attorney(s) appearing for the Case

Idaho Legal Aid Services, Inc., Lewiston, for appellant. Randall W. Robinson argued.

Alan G. Lance, Atty. Gen., Boise; Marcy J. Spilker, Deputy Atty. Gen., Lewiston, for respondent. Marcy J. Spilker argued.

JOHNSON, Justice.

This is a welfare benefits case. We conclude that the claimant did not prove the necessary elements of equitable or quasi estoppel to prevent the Idaho Department of Health and Welfare (IDHW) from collecting an overpayment of welfare benefits which was attributable to IDHW's error. Therefore, we do not address whether estoppel may ever be applied against IDHW in these circumstances.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

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