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NOTICE OF OVERPAYMENT AND RECOUPMENT

ISSUE DATE: 05/2018

In addition to the information listed below, the notice of overpayment must contain the information specified in 0026.03 (Content of Notices).

For more information on how and when to cite an overpayment, see 0025.03 (Determining Incorrect Payment Amounts). For which method of overpayment recovery to use, see 0025.15 (Order of Recovery - Participants), 0025.18 (Order of Recovery - Non-Participants).

When the overpayment is entered into MAXIS, a claim is established and an automated process is started for sending the client a notice of overpayment and demand letter to begin recovery actions on collectible claims. For most household error claims entered in MAXIS, the notice of overpayment and demand letter must be sent by certified mail to meet the requirements of the Judgment by Operation of Law process. For procedures on demand notices, see 0025.21.07 (JOL - Establishing Claims) and Temp Manual TE02.09.11 (Demand Letters for Overpayments), TE02.09.26 (CCOL/CLRA).


MFIP:

Send claim notices to current and former participants.

MAXIS will generate the Notice of Overpayment for claims on MAXIS. The notice includes:

The amount of overpayment.

The time during which the overpayment occurred.

The requirement that the client repay the overpayment.

The county agency's intent to recover the overpayment.


If the overpayment results from budgeting computation, mail the client a manually completed Computation of MFIP Overpayment Worksheet (DHS-2776) (PDF).

This applies to all claims whether or not they are on MAXIS.

MAXIS will notify clients of recoupment, using the MFIP Notice of Overpayment. MAXIS will send the notice of action each time the benefit/recoupment amount changes.

A client must be sent a new claim demand notice following an appeal decision on claims.


DWP, GA:

Send claim notices to current and former participants.

MAXIS will generate the Notice of Overpayment for claims on MAXIS. The notice includes:

The amount of overpayment.

The time during which the overpayment occurred.

The requirement that the client repay the overpayment.

The county agency's intent to recover the overpayment.


If the overpayment results from budgeting computation, mail the client a manually completed Computation of DWP Overpayment Worksheet (DHS-2776C) (PDF)

This applies to all claims whether or not they are on MAXIS.

MAXIS will notify clients of recoupment, using the DWP Notice of Overpayment or GA Notice of Overpayment. MAXIS will send the notice of action each time the benefit/recoupment amount changes.


SNAP:

MAXIS will generate the Supplemental Nutritional Assistance Program Notice of Overpayment Demand Letter for claims on MAXIS. The notice includes:

The amount of overpayment.

The time during which the overpayment occurred.

The requirement that the client repay the overpayment.

The county agency's intent to recover the overpayment.


If sponsors of immigrants must repay an overpayment, send a notice to both the immigrant and the sponsor. Include a statement telling the sponsors they do not have to repay if they gave incorrect information due to reasons beyond their control.

Before starting recoupment, give 10-day written notice. Until recertification, give 10-day notice each time the recoupment amount increases. Once clients are recertified, advance notice is not necessary each time the recoupment amount changes.

A client must be sent a new claim demand notice following an appeal decision on claims.


MSA:

MAXIS will generate the Notice of Overpayment for claims on MAXIS. The notice includes:

The amount of overpayment.

The time during which the overpayment occurred.

The requirement that they repay the overpayment.

The county agency's intent to recover the overpayment.


If the overpayment results from unbudgeted income or expenses, mail a manually completed Community Minnesota Supplemental Aid Budget Worksheet (DHS-2708) (PDF) to the client.

Send the notice at least as far ahead of the proposed action as the circumstances require. See 0026.12.03 (10 Day Notice), 0026.12.06 (5 Day Notice), 0026.12.09 (Adequate Notice).


GRH:

Follow general provisions.

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© 2018 Minnesota Department of Human Services Updated: 4/30/18 6:34 PM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 4/30/18 6:34 PM