Current through Vol. 42, No. 1, September 16, 2024
(a)
Collection effort
suspension. The Adult and Family Services (AFS) Benefit Integrity and
Recovery (BIR) Unit:
(1) suspends collection
action on cases no longer receiving Supplemental Nutrition Assistance Program
(SNAP) food benefits when the:
(A) primary
responsible household member is deceased and there are no remaining adult
household members responsible for the overpayment;
(B) household cannot be located; or
(C) cost of further collection
action is likely to exceed the amount that can be recovered.
(2) AFS BIR Unit may:
(A) reopen debts held in suspension based on
changes in household circumstances; or
(B) initiate food benefit reduction if the
client reapplies and becomes eligible in the future.
(b)
Termination of
overpayment claims. Per Section 273.18(e)(8) of Title 7 of the Code of
Federal Regulations (7 C.F.R. §
273.18(e)(8):
(1) a terminated overpayment claim is a claim
in which all collection action has ceased;
(2) a written-off claim is a claim no longer
considered a receivable subject to continued federal and state collection and
reporting requirements;
(3) when an
overpayment claim is paid in full, the household is notified the debt was
satisfied.
(4) AFS BIR Unit staff
may terminate and write off SNAP overpayment claim(s) when:
(A) all adult household members die;
(B) the claim balance is $25 or
less and the claim has been delinquent for 90-calendar days or more unless
other claims exist against this household resulting in an aggregate claim total
of greater than $25;
(C) the claim
is delinquent for three years or more unless AFS BIR Unit is pursuing the claim
through the Treasury Offset Program, per
7 C.F.R. §
273.18(n) and Oklahoma
Administrative Code
340:50-15-6(h);
(D) the household cannot be located for three
or more years;
(E) the claim is
determined invalid unless it is appropriate to pursue a different claim type;
or
(F) it is not cost effective to
pursue the claim any further, per FNS approved cost-effectiveness criteria.
(5) AFS BIR may
reinstate a terminated and written-off claim when a new collection method or
specific event, such as lottery winnings, substantially increases the
likelihood of further collections.
Amended at 8 Ok Reg 3463, eff 7-31-91 (emergency);
Amended at 9 Ok Reg 3945, eff 6-10-92 (preemptive); Amended at 9 Ok Reg 2473,
eff 6-25-92 ; Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10
Ok Reg 147, eff 9-14-92 (preemptive); Amended at 10 Ok Reg 1821, eff 5-13-93 ;
Amended at 12 Ok Reg 1577, eff 1-27-95 (emergency); Amended at 12 Ok Reg 2443,
eff 6-26-95 ; Amended at 19 Ok Reg 395, eff 12-1-01 (emergency); Amended at 19
Ok Reg 1119, eff 5-13-02 ; Amended at 25 Ok Reg 1329, eff 6-1-08 ; Amended at
30 Ok Reg 685, eff 6-1-13
