Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.510 - Methods of Collecting Overissuance Claims

(A) Benefit reduction;

(B) Withholding amounts from unemployment compensation;

(C) Federal payment offset;

(D) Federal salary offset; or

(E) Any other reasonable means.

The amount of regular installment payments or wage assignment payments shall not be less than the amount that could be collected by automatic benefit reduction (10% or $10, whichever is greater, for an unintentional program violation; 20% or $20, whichever is greater, for an intentional program violation). The amount of the claim shall be offset by any lost benefits which are owed to a household until the time the claim is terminated. Civil court action may be initiated to obtain payment of the claim.

The Department may adjust the claim by reducing it to an amount that will allow the household to pay the claim within three years if the full amount of the claim cannot be paid in full during this period without creating a financial hardship for the household. The Department shall not compromise below the amount which could be collected by automatic benefit reduction (10% or $10, whichever is greater, for an unintentional program violation; 20% or $20, whichever is greater, for an intentional program violation).

Benefit reduction shall be the collection method if repayment terms are not agreed upon. Repayment shall begin no later than 30 days from the date the repayment agreement is mailed.

Wage assignment shall be the collection method for employed former clients who are delinquent.

The Treasury Offset Program (TOP) allows the Department to collect a overpayments by intercepting payments due to a former client from any agency in the federal government.