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OVERPAYMENTS EXEMPT FROM RECOVERY

ISSUE DATE: 01/2017

The court may order that all or part of an overpayment is exempt from recovery. The county must follow the court order. See 0025.12.03.06 (Bankruptcy), 0025.24.03 (Recovering Fraudulently Obtained Assistance).


MFIP, DWP:

Establish a claim for all claim types and amounts.

Pursue recovery of county agency error overpayments when the sum of the overpayments exceeds the sum of the corrected benefit amount for the claim period. Use Collectible/Non-Collectible Agency Error Overpayment Worksheet (DHS-2776E) (PDF) to determine whether an agency error overpayment is collectible.

Do not pursue recovery on non-fraud overpayments on closed cases which total $35 or less. If the client begins to receive assistance again, recoupment will occur as long as the claim is in active status and has a balance.


SNAP:

The following overpayments are exempt from recovery; do not establish a claim for overpayments due to:

The county agency's failure to certify a unit in a correct project area.

The county agency's failure to verify a unit signed the application.

The county agency's failure to verify a unit completed a current work registration form.

The unit's failure to report a change because it was not required to report the change. See 0007 (Reporting).

A categorically eligible unit later being found ineligible for cash assistance or SSI due to excess assets.



Establish a claim, even though the following overpayments are exempt from recovery when:

The total overpayment is less than $35 and the unit no longer receives SNAP.

The county agency has documentation which shows that the unit cannot be located. See 0025.12.03.03 (Suspending or Terminating Recovery).


Do not pursue recovery on compromised portions of an overpayment. See 0025.12.03.09 (Claim Compromise & Termination).


MSA, GA:

Follow MFIP. In addition, do not pursue recovery from a personal needs allowance.

If an overpayment occurs while a client is in a facility, establish the claim but do not pursue recovery action until the client leaves the facility. When the client leaves the facility, begin to recover the overpayment the 1st month you can give a 10-day notice.

If you are recovering an overpayment and the client later enters a facility, stop recovery action until the client leaves the facility:

-

If the client enters the facility on the 1st of the month, stop recovery action the month the client enters the facility.

-

If the client enters the facility after the 1st of the month, stop recovery action the month following the month the client entered the facility.


When the client leaves the facility, resume recovery action the 1st month you can give a 10-day notice.


GRH:

No provisions.

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