AMOUNT TO RECOUP
ISSUE DATE: 01/2015
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.
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.
For recoupment purposes, fraud is:
● | A conviction by the court. |
OR | |
● | An admission of fraud through a court approved pre-trial diversion plan or disqualification consent agreement. |
See 0025.12.03 (Overpayments Exempt From Recovery) for people exempt from recoupment.
GRH:
No provisions.
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