RECOVERY METHODS
ISSUE DATE: 03/2026
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.
SNAP:
Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants.
MSA, GA:
Follow general provisions.
HSP:
No provisions.
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PREVIOUS REVISIONS
| Date | Notes |
|---|---|
| 01/2019 | deletes all prior MSA, GA provisions and adds "Follow general provisions." |
| 08/2016 | updates section due to Legislative changes for Program Unification/Claims. |
| 05/2016 | updates section due to Legislative changes for Program Uniformity/Assets. |
| 12/2014 | Removed WB. This program was suspended 12/1/14. |
| 12/2012 | update Food Support and FS to Supplemental Nutrition Assistance Program (SNAP) and FSET to SNAP E&T throughout. No policy was changed. |
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