Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 47 - General Relief
Article 3 - Senior Benefits Program
7 AAC 47.567 - Ability to recover or recoup improper benefits

(a) The department may pursue repayment from a current or former recipient of assistance provided under AS 47.45.301 - 47.45.309 and 7 AAC 47.547 - 7 AAC 47.599, or former AS 47.45.310 and AS 47.45.320, who received an overpayment.

(b) If an overpayment occurred solely as the result of an administrative error or oversight by the department, the department may request, but will not require, repayment.

(c) If an overpayment occurred because the recipient, or representative acting on the recipient's behalf, provided inaccurate or incomplete information, the department may require repayment.

(d) To request or require repayment under (b) or (c) of this section, the department will send an overpayment notice to the current or former recipient responsible for repaying the overpayment. However, if the recipient has a representative acting on the recipient's behalf, the department will send the notice to the representative. In the overpayment notice, the department will

(e) A current recipient may repay the entire amount of an overpayment in

(f) Within 30 days of the date printed on the overpayment notice, a current recipient who is required to repay an overpayment under (c) of this section shall repay the entire amount of the overpayment to the department. If a current recipient's assistance is terminated before the full amount of the overpayment has been recovered,

(g) The department may suspend withholding under (e) or (f) of this section for up to three months upon receipt of evidence that the loss of assistance would result in extreme economic hardship to the recipient.

(h) A former recipient may choose to repay the entire amount of an overpayment

(i) A former recipient may choose a combination of payment options set out in (h) of this section if the total annual repayment amount will be at least equal to the total annual repayment amount that would be paid if only the option set out in (h)(2) of this section was selected. A former recipient who selects the payment option set out in (h)(3) of this section must execute a new valid assignment of each year's permanent fund dividend until the overpayment is recovered in full.

(j) If the department determines that a former recipient will suffer extreme economic hardship if the former recipient is required to repay the amount under (h)(2) of this section, the department may

(k) If a former recipient who is required to repay an overpayment under (c) of this section fails to repay the total annual repayment amount as determined under (h) of this section, the department may pursue other legal remedies against the income and resources of the former recipient.

(l) The department may suspend efforts to collect an overpayment if collection activities are no longer cost effective for the department.

(m) If a former recipient who has not totally repaid a prior overpayment as required under (c) of this section becomes a recipient again, the department will reduce the recipient's assistance payments by using the formula set out in (e)(2) of this section until the entire overpayment is recovered. Withholding begins on the second month an assistance payment is made and continues each month until the entire overpayment has been recovered.

(n) A current or former recipient, or a responsible person acting on the recipient's behalf, who wishes to dispute an action taken by the department under this section may request a hearing under 7 AAC 49.

(o) In this section,