Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities
Section 706.260 - Recovery of Overpayments Resulting from Department Error and Payments Pending a Fair Hearing Decision and Non-fraudulent Client Error
Universal Citation: 106 MA Code of Regs 106.706
Current through Register 1531, September 27, 2024
(A) Overpayments resulting from Department error and non-fraudulent client error shall be recovered.
(B) Overpayments resulting from assistance paid pending implementation of a fair hearing decision as provided in 106 CMR 343.250: Continuation of Benefits Pending Appeal following an appeal of reduction or termination in benefits shall be recovered if the fair hearing decision upholds the reduction or termination. The overpayment in a split fair hearing decision, where the action of the Department is only partly upheld, is the amount found in the fair hearing decision to be incorrectly paid.
(1)
The Department shall inform the client that the Department will recover any
assistance paid pending implementation of a decision following a fair hearing
that is decided in the Department's favor.
(2) The Department shall provide on the
notice the option for the appellant to waive the receipt of assistance pending
the hearing.
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