Wisconsin Administrative Code
Department of Veterans Affairs
Chapter VA 2 - Veterans Assistance Grants
Section VA 2.05 - Recovery of erroneous payments

Universal Citation: WI Admin Code ยง VA 2.05

Current through November 27, 2023

(1) CRITERIA. The department may recover payments made as a grant under s. 45.20 or 45.21, Stats., if any of the following apply:

(a) The information provided by the applicant or the school is inaccurate.

(b) The department incorrectly calculated the grant amount.

(c) The applicant is not entitled to a grant or is entitled to a lower grant amount as a result of a change in circumstances that affects the applicant's eligibility to receive the grant.

(2) AMOUNT OF RECOVERY. The department may recover only the portion of the grant to which the applicant would not have been entitled if the correct information had been provided or the grant had been properly calculated, or as a change in circumstances warrants.

(3) REMEDIES.

(a) The department may request repayment of the amount due under sub. (2).

(b) In lieu of a lump sum payment, the department may enter into an agreement under which the applicant may repay the amount due within a 12-month period.

(c) If the applicant fails to repay the amount due within 30 days of a request for repayment or fails to comply with the terms of a repayment agreement, the department may offset future grants that the applicant may be entitled to under s. 45.20 or 45.21, Stats., until the amount due has been recovered.

(d) The department may also suspend other benefits available to the applicant until the amount due has been recovered, except that the department may not suspend benefits available under s. 45.40, Stats.

(4) WAIVER. The department may temporarily or permanently waive its authority to recover payments under sub. (1) or suspend benefits under sub. (3) if the applicant's household income is totally exempt from garnishment under s. 812.34(2) (b), Stats.

(5) ADMINISTRATIVE REVIEW. Any department decision under this section is subject to appeal under s. VA 1.03.

CR 04-003: cr. Register June 2004 No. 582, eff. 7-1-04.

Amended by, CR 21-012: am. (2), renum. (3) to (3) (a) and am. Register September 2021 No. 789, eff. 10/1/2021

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