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ACTION ON OVERPAYMENTS - TIME LIMITS

ISSUE DATE: 08/2016

There is no time limit for pursuing administrative recovery of established overpayments. There is a 6-year statute of limitations for initiating civil recovery, and a 3-year statute of limitations for initiating criminal prosecution.

Within the calendar quarter after the calendar quarter you identify the overpayment, do at least 1 of the following:

Recover the overpayment.

Start recoupment from a participant's benefit.

For former clients, send a letter requesting repayment and try to arrange a repayment agreement. See 0025.12.09 (Repaying Overpayments - Non-Participants), 0026.39 (Notice of Overpayment and Recoupment).


Failure to take 1 of these actions within the time frame does not affect the unit's responsibility to repay. It also does not affect the county agency's responsibility to recover the overpayment.


MFIP, DWP, MSA, GA:

Follow general provisions.


SNAP:

There is no time limit for referring qualifying overpayments to the Treasury Offset Program (TOP) for collection.


GRH:

No provisions.

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