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AMOUNT TO RECOUP

ISSUE DATE: 08/2016

MFIP:
For all non-fraud overpayments that are not exempt from recovery, recoup the LESSER of these amounts:

3% of the Transitional Standard for the unit's size and composition.

OR

The amount of the unit's monthly MFIP grant, subject to the requirements in 0025.21.15 (Recoupment).



For fraud overpayments, recoup the lesser of these amounts:

10% of the Transitional Standard for the unit's size and composition.

OR

The amount of the unit's monthly MFIP grant, subject to the requirements in 0025.21.15 (Recoupment).


See 0025.24 (Fraudulently Obtaining Public Assistance) for information on fraud overpayments.


DWP:

For all non-fraud overpayments that are not exempt from recovery, recoup the LESSER of these amounts:

3% of the DWP grant for the unit's size and composition.

OR

The amount of the unit's monthly DWP grant, subject to the requirements in 0025.21.15 (Recoupment).



For fraud overpayments, recoup the lesser of these amounts:

10% of the DWP grant for the unit's size and composition.

OR

The amount of the unit's monthly DWP grant, subject to the requirements in 0025.21.15 (Recoupment).


See 0025.24 (Fraudulently Obtaining Public Assistance) for information on fraud overpayments.


SNAP:

The amount to recoup depends on the type of overpayment:

For non-fraud error overpayments, recoup 10% of the monthly allotment or $10 a month, whichever is greater.

For fraud overpayments, recoup 20% of the monthly allotment or $10 a month, whichever is greater.


Recoup multiple fraud or client error overpayments in sequence.

If a client has both a fraud overpayment and a client error overpayment, recoup the fraud overpayment first up to the 20% limit. If any benefit remains, recoup the client error simultaneously up to the 10% limit. However, the total recoupment cannot exceed 20% of the unit's monthly allotment.


MSA:

Each month withhold 3% of the assistance standard or the entire benefit amount, whichever is less.

See 0025.12.03 (Overpayments Exempt From Recovery) for people who are exempt from recoupment.

See 0025.24 (Fraudulently Obtaining Public Assistance) for information on fraud overpayments.


GA:

For non-fraud overpayments (both client and county errors), recoup 3% of the unit's assistance standard or the amount of the unit's monthly assistance payment, whichever is less.

For fraud overpayments, recoup 10% of the unit's assistance standard or the amount of the unit's monthly assistance payment, whichever is less.

You may substitute a 3% recoupment rate for pre-existing fraud overpayments if your county attorney proffered that rate as part of a plea agreement in a fraud proceeding or the court specified that rate of recoupment in the sentencing order. If a court order only specifies a monthly restitution amount, do not substitute that amount for the 10% statutory recoupment rate.

See 0025.12.03 (Overpayments Exempt From Recovery) for people exempt from recoupment.

See 0025.24 (Fraudulently Obtaining Public Assistance) for information on fraud overpayments.


GRH:

No provisions.

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