14.9.12 Civil Recovery - Families
ISSUE DATE: 03/2020
For information related to provider overpayment recovery, see Chapter 14.9.15 (Civil Recovery – Providers).
If the family no longer receives child care assistance, use voluntary repayment or go through civil court to recover the overpayment.
If the overpayment is less than $50 you may, but are not required to, recover the overpayment. Fraud overpayments must be recovered regardless of the amount.
If the overpayment is $50 or more, seek voluntary repayment from the family. If the family does not cooperate with voluntary repayment, initiate civil court proceedings to recover the overpayment, unless the costs of recovery exceed the amount of the overpayment.
Interest can only be charged on Child Care Assistance Program claims that have been reduced/converted to a judgment.
A family who has an outstanding debt due to an overpayment is not eligible for child care assistance until either the debt is paid or satisfactory arrangements have been made with your agency and the family is complying with the arrangements. Satisfactory arrangements can include payment agreements or recoupment on a reopened CCAP case.
Your agency is entitled to keep 25 percent of recovered overpayments.
Legal authority
Minnesota Statutes 119B.011, subd. 21
Minnesota Statutes 119B.11, subd. 2A
Minnesota Statutes 16D.13
Minnesota Statutes 549.09
Minnesota Rules 3400.0187
Report this page