Current through Register Vol. 35, No. 18, September 24, 2024
A.
Recoupment: The department
shall retain the value of benefits collected to repay a claim against a
participating eligibility determination group, whether or not the claim
occurred because of an IHE, an AE, or an IPV. The eligibility determination
group's monthly SNAP or cash assistance benefit amount will be reduced to
recover any amount of a claim that was not repaid through a lump sum cash or
SNAP benefit payment, unless a payment schedule has been negotiated with the
eligibility determination group. Collection of a claim by the department may
also be obtained through recoupment of unemployment compensation benefits,
federal pay, income tax intercepts, or any other method established by the
department.
(1)
Recoupment from monthly
benefit allotments: A claim may be recovered from an eligibility
determination group currently participating in SNAP or cash assistance programs
by reducing the eligibility determination group's monthly benefit
allotment.
(2)
Recoupment
amount: The amount of benefits that will be recovered each month through
benefit reduction will be determined by one the following methods.
(a)
SNAP IHE and AE: The amount
of reduction will be ten percent (10%) of the eligibility determination group's
monthly SNAP benefit amount, or ten dollars ($10) per month, or the agreed
amount, whichever is greater.
(b)
SNAP IPV: The SNAP benefit amount to be recovered will be twenty
percent (20%) of the eligibility determination group's monthly SNAP benefit
amount, or twenty dollars ($20) per month, or the agreed amount, whichever is
greater.
(c)
Cash assistance
errors: The cash assistance benefit amount to be recouped is equal to
fifteen percent (15%) of the eligibility determination group's payment
standard.
(d) Recoupment is the
last step in the calculation prior to determining the monthly benefit
amount.
B.
Cash payment methods:
(1)
Lump sum cash:(a) If the eligibility
determination group asks to make a lump sum cash payment or is financially able
to repay the claim at one time, the restitution bureau shall collect a lump sum
cash payment.
(b) An eligibility
determination group will not be required to liquidate all of its resources to
make a lump sum payment.
(c) If an
eligibility determination group is financially unable to pay the entire amount
of the claim at one time and prefers to make a lump sum cash payment as partial
payment of the claim, the department shall accept this method of
payment.
(d) If an eligibility
determination group chooses to make a lump sum payment of benefits from their
EBT account as full or partial payment of the claim, the department shall
accept this method of repayment, to include:
(i) SNAP benefits to repay a SNAP claim;
or
(ii) cash benefits to repay a
cash assistance claim or medical assistance claim; or
(iii) cash benefits to repay a SNAP
claim.
(2)
Installment payment schedules:
(a) The department shall negotiate a payment
schedule with the eligibility determination group for repayment of any amounts
of the claim not repaid through a lump sum payment.
(b) Payments will be accepted in regular
installments.
(c) An eligibility
determination group may use its SNAP or cash assistance benefits as full or
partial payment of any installment repayment to include:
(i) SNAP benefits to repay a SNAP claim;
or
(ii) cash benefits to repay a
cash assistance claim or medical assistance claim; or
(iii) cash benefits to repay a SNAP
claim.
(3)
Repayment of SNAP overpayments:
(a) If an eligibility determination group is
currently receiving benefits, and a payment schedule is negotiated for
repayment of a claim, the negotiated amount to be repaid each month in
installment payments may not be less than the amount that could be recovered
through benefit reduction.
(b) The
amount to be repaid each month through installment payments will remain
unchanged regardless of subsequent changes in the eligibility determination
group's monthly SNAP benefit amount.
(4)
Repayment of cash assistance
overpayments:(a) Repayments are used
to recover cash assistance overpayments from cases no longer receiving cash
assistance or where recovery of an overpayment from an active cash assistance
case cannot be liquidated within twenty (20) months by recoupment.
(b) The amount the department tries to
recover monthly through repayment is based on the following schedule, or, if a
court order for repayment exists, in accordance with the court order. If the
level of payment sought would cause an extreme hardship on the participant, the
restitution bureau may agree to accept a lesser amount. Arrangements for
repayments are made by the restitution bureau in all cases, except those where
the participant is willing to repay the entire overpayment in a single
payment.
(c)
Repayment
schedule:
Overpayment Amount
|
Monthly Repayment Payment
|
$ 35 -$100
|
$ 5
|
$101 - $200
|
$10
|
$201 - $300
|
$15
|
$301 - $400
|
$20
|
$401 - $500
|
$25
|
$501 - $600
|
$30
|
$601 - $700
|
$35
|
$701 - $800
|
$40
|
$801 - $900
|
$45
|
$901 or more
|
$50
|
(5)
Repayment of LIHEAP
benefits:(a) The eligibility
determination group will have forty-five (45) days from the date of
notification of the claim amount to repay the claim in full or make
arrangements to make regular installments to repay the claim.
(b) The department will initiate collection
action to recover the claim amount on day forty-five (45) if the eligibility
determination group does not repay or make arrangements to repay the amount
owed.
(6)
Renegotiating payments: The restitution bureau, the eligibility
determination group, or both, have the option to initiate renegotiation of the
payment schedule if either or both believes that the eligibility determination
group's economic circumstances have changed enough to warrant such
action.
(7)
Failure to
pay: If an eligibility determination group fails to make a payment in
accordance with the established repayment schedule, (either a lesser amount is
paid, or no payment is made), the restitution bureau shall send the eligibility
determination group a notice explaining that no payment or insufficient payment
was received.
(a) The notice informs an
eligibility determination group that renegotiation of the payment schedule may
be discussed with the restitution bureau.
(b) The notice also informs an eligibility
determination group that unless the overdue payments are made or the
restitution bureau is contacted to discuss renegotiation of the payment
schedule, the SNAP benefit amount of a currently participating eligibility
determination group against which a claim has been established will be reduced
without an adverse action notice.
(c) If the eligibility determination group
responds to the notice, one of the following actions will be taken by the
restitution bureau.
(i) If the eligibility
determination group makes the overdue payments and wishes to continue making
payments based on the previous schedule, the eligibility determination group is
permitted to do so.
(ii) If the
eligibility determination group requests renegotiation, and if the restitution
bureau concurs, a new payment schedule will be negotiated.
(iii) If the eligibility determination group
requests renegotiation of the amount of its repayment schedule, but the
restitution bureau believes that the eligibility determination group's economic
circumstances have not changed enough to justify the requested settlement,
renegotiation will continue until a settlement can be reached.
(d) The restitution bureau has the
option to invoke SNAP benefit reduction against a currently participating
eligibility determination group for repayment of a claim if a settlement cannot
be reached.
(e) If a currently
participating eligibility determination group against which a claim has been
established fails to respond to the notice, a benefit reduction will be
initiated. If benefit reduction is initiated, no notice of adverse action will
be required.
C.
Other payment methods:
(1)
Federal tax intercept: The
department may offset an eligibility determination group's federal income tax
return following notification to the eligibility determination group, and apply
the offset to the oldest established SNAP claim.
(2)
Unemployment compensation benefit
reduction: The department may offset the unemployment compensation
benefits of an adult eligibility determination group member, following
notification to the eligibility determination group, and apply the offset to
the oldest established active SNAP claim.
(3)
Federal pay: The department
may offset an eligibility determination group member's federal pay, following
notification to the eligibility determination group, and apply the offset to
the oldest established active SNAP claim.
(4)
Any other means: The
department may invoke collections by any other means available, including but
not limited to, the use of private collection agencies, following notification
to the eligibility determination group.
(5)
State tax intercept: The
department may offset a household's state income tax return following
notification to the household, and apply the offset to the oldest established
active cash claim.