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RECOVERY METHODS

ISSUE DATE: 08/2016

Methods of recovery vary depending on whether the overpaid person is a participant or non-participant.

Recovery methods for recovering overpayments from participants are:

Recoupment.

Voluntary repayment. See 0025.21.03 (Overpayment Repayment Agreement).

Civil recovery. See 0025.21.06 (Civil Recovery).

Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

Offsetting overpayments with underpayments. See 0025.09 (Correcting Underpayments).


For additional methods of recovering overpayments from participants, see the individual programs listed below.


Common methods for recovering overpayments from non-participants are:

Voluntary repayment, repayment agreements, and Confessions of Judgment. See 0025.21.03 (Overpayment Repayment Agreement).

Referral to Revenue Recapture. See 0025.21.09 (Revenue Recapture Act).

Civil recovery. See 0025.21.06 (Civil Recovery).

Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

Contracting with a professional or private collection agency.


For programs other than SNAP and the food portion of MFIP, all direct recoveries by the county (EXCEPT recoupments) qualify for retention of 50% of the non-federal share.

For SNAP and the food portion of MFIP, there is a 35% federal incentive provided for fraud recoveries, 20% for household errors, and 0% for agency errors. Counties receive half of this incentive when Treasury Offset Program (TOP) recovers the money and they receive full incentive when recovery is a result of recoupment or direct payment.

Do not use wage garnishment for participants. Do not use wage garnishment for non-participants until 6 months after all public assistance eligibility ends.


MFIP:

Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants for the MFIP Food Portion only.


DWP:

Follow general provisions. However, there is no cross-program recoupment.


SNAP:

Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants.


MSA, GA:

Use the Minnesota Collection Enterprise (MCE) professional collection agency as an additional method of recovery for non-participants. See 0025.21.21 (Minnesota Collection Enterprise).

NOTE:
In March 2004 MCE changed its name to Collection Division of the Department of Revenue. The codes and process for debt referral will continue to be referred to as MCE on MAXIS.


GRH:

No provisions.

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