Waiver of Certain Overpayments 400-19-130-35

(Revised 6/1/10 ML #3218)

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Unless the overpayment was the result of fraud, including fraud involving the crimes of theft and making false statements in a governmental matter, the county agency may suspend efforts to collect overpayments from an individual or household no longer receiving TANF if:

1. The amount of the overpayment is less than $35; or
2. Recovery is determined not to be cost effective after a reasonable effort to recover has failed. A "reasonable effort" means that, at a minimum, the individual no longer receiving assistance is notified as to the amount of and reason for the overpayment and is requested to make repayment.

 

In cases involving fraud, every effort must be made to recover the overpayment, regardless of the amount involved.

 

The county social service office must maintain information concerning all former recipients who have outstanding overpayments. If these individuals begin receiving assistance again, recoupment of the overpayments is required.