(a) If an overpayment of benefits has
occurred due to fraudulent action by a member of the filing unit, the sum which
must be repaid is 125% of the amount of assistance to which the assistance unit
was not entitled. Fraudulent action includes but is not limited to the making
of an intentionally false statement or misrepresentation and the intentional
withholding of information.
(b) If
an overpayment of benefits has occurred due to department error or a
nonfraudulent error by a member of the filing unit, the sum which may be
recovered is 100% of the amount of assistance to which the assistance unit was
not entitled.
(c) The department is
entitled to recover an overpayment regardless of whether any or all of the
members of the overpaid assistance unit are currently receiving assistance.
(i) In the case of an individual or
assistance unit currently receiving assistance, the department may recover an
overpayment by reducing the current cash assistance amount by 10% or $10
whichever is higher, and retaining the sum by which the cash assistance has
been reduced to repay the overpayment. At the department's option, recovery may
also be made by voluntary payments by a member of the overpaid assistance unit
or any other legal means available to collect a debt, including the use of
offset against any monies which the state of Montana owes or may owe to a
member of the filing unit.
(ii) In
the case of an individual or assistance unit currently receiving assistance,
and the overpayment is due to the receipt of continued benefits pending a fair
hearing regarding a sanction, which was ruled in favor of the department, the
department may recover an overpayment by reducing the current cash assistance
amount by 25% or $25 whichever is higher, and retaining the sum by which the
cash assistance has been reduced to repay the overpayment. At the department's
option, recovery may also be made by voluntary payments by a member of the
overpaid assistance unit or any other legal means available to collect a debt,
including the use of offset against any monies which the state of Montana owes
or may owe to a member of the filing unit.
(iii) In the case of an individual or
assistance unit currently receiving assistance, if the household was determined
to have committed an Intentional Program Violation (IPV) the department may
recover an overpayment by reducing the current cash assistance amount by 20% or
$20, whichever is higher, and retaining the sum by which the cash assistance
has been reduced to repay the overpayment. At the department's option, recovery
may also be made by voluntary payments by a member of the overpaid assistance
unit or any other legal means available to collect a debt, including the use of
offset against any monies which the state of Montana owes or may owe to a
member of the filing unit.
(iv) In
the case of individuals who are not currently receiving assistance, recovery
may be made by voluntary payments by a member of the overpaid assistance unit
or any other legal means available to collect a debt, including the use of
offset against any monies which the state of Montana owes or may owe to a
member of the filing unit.