Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 798.2 - CHILD CARE SERVICES
Subchapter 1 - GENERAL PROVISIONS
Section 17-798.2-20 - Underpayments and overpayments
Universal Citation: HI Admin Rules 17-798.2-20
Current through November, 2024
(a) Underpayments shall be processed as follows:
(1) Prompt
action shall be taken to correct any underpayment to a currently eligible
caretaker who would have received a greater benefit if an error by the
department had not occurred.
(2) If
a caretaker has both an overpayment and an underpayment, the overpayment and
underpayment shall be offset one against the other in correcting the
payment.
(3) Payments provided to
the caretaker to correct an underpayment shall not be counted as
income.
(4) Corrective payments
shall be made for any underpayment due a former recipient when child care
assistance is restored.
(b) Overpayments shall be processed as follows:
(1) Failure to provide information,
as specified in sections
17-798.2-12,
17-798.2-14,
17-798.2-15, and
17-798.2-16, or errors made by the
department may affect the caretaker's eligibility and result in an
overpayment.
(2) An overpayment
made to a caretaker shall be recovered through:
(A) Repayment in cash, in full or in part, by
the caretaker to the department; or
(B) A reduction of not less than ten percent
in the amount payable to the caretaker in subsequent months until the entire
amount of overpayment is recovered.
(3) An individual subject to recovery of an
overpayment shall be provided adequate notice by the department including:
(A) The reasons, dates, and the amount of the
alleged overpayment; and
(B) The
proposed method by which the overpayment shall be recovered.
(4) An overpayment to an
individual shall be recovered from the caretaker who was overpaid, from
individuals who were members of the family unit when overpaid, or from a family
unit which includes members of a previously overpaid family unit.
(5) A child care overpayment shall be
recovered only from child care payments or AFDC payments, provided the
caretaker continues to receive such payments.
(6) Recovery of an overpayment to former
recipients of child care payments shall be referred to the department's fiscal
management office for collection action.
(7) If a caretaker for whom a collection
action has been initiated fails to make a payment for any month in the calendar
tax year, the department may refer debts exceeding twenty-five dollars to the
comptroller of the State for tax setoff as specified in chapter 17-606.
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