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BENEFIT ADJUSTMENTS AND RECOVERY

ISSUE DATE: 08/2006

This chapter gives information on underpayments, overpayments, and relative contributions. The information in this chapter will help you determine when to issue a corrective payment, adjust benefits, or pursue overpayment recovery.

See 0030.03.18 (RCA Overpayments and Underpayments) for information on Refugee Cash Assistance (RCA) underpayments and overpayments.

See 0008.06 (Implementing Changes - General Provisions) for what might cause an overpayment or underpayment. To compute the amount of an incorrect payment, see 0025.03 (Determining Incorrect Payment Amounts).

Some programs require counties to keep records of incorrect payments. Some programs also require counties to send records of certain overpayments to Department Human Services (DHS). See 0025.06 (Maintaining Records of Incorrect Payments), 0025.24.03 (Recovering Fraudulently Obtained Assistance).

All programs require the county agency to correct underpayments and overpayments. The procedures for accomplishing this vary. For further information, see:

0025.09

Correcting Underpayments.

0025.09.03

Where to Send Corrective Payments.

0025.12

Types of Overpayments.

0025.12.03

Overpayments Exempt from Recovery.

0025.12.06

Repaying Overpayments - Participants.

0025.12.09

Repaying Overpayments - Non-Participants.

0025.12.12

Action on Overpayment - Time Limits.

0025.15

Order of Recovery - Participants.

0025.18

Order of Recovery - Non-Participants.

0025.21

Recovery Methods.

0026.39

Notice of Overpayment and Recoupment.


For all client error overpayments, determine if a fraud investigation is appropriate. See 0025.24 (Fraudulently Obtaining Public Assistance).

Pursue recovery for overpayments and relative contributions. The order and method of recovery vary depending on whether the person responsible for payment is a current participant. Financially responsible relatives who do not live with the participant may have to contribute toward the cost of assistance. See 0025.30 (Financial Responsibility, People Not in Home), 0025.15 (Order of Recovery - Participants), 0025.18 (Order of Recovery - Non-Participants), 0025.21 (Recovery Methods).

For further information on collection methods, see:

0025.21.03

Overpayment Repayment Agreement.

0025.21.06

Civil Recovery.

0025.21.09

Revenue Recapture Act.

0025.21.12

Estate Claims.

0025.21.15

Recoupment.

0025.21.18

Treasury Offset Program (TOP).

0025.24.03

Recovering Fraudulently Obtained Assistance.


State law protects some clients from wage garnishment while they are on assistance and for 6 months after eligibility for assistance ends. See 0025.27 (Protection From Garnishment).

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