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7 AAC 40.470. Social Security and SSI overpayments. If the Social Security Administration withholds part of an applicant’s monthly Social Security or SSI benefits in order to recover an overpayment or to penalize a recipient for failing to report a change, assistance provided under this chapter will not be increased to compensate for the reduction in income. (Eff. 5/12/82, Register 82) Statutory Authority: Authority: AS 47.05.010 AS 47.25.500 7 AAC 40.480. Repayment of overpayments. (a) The division may pursue repayment under this section from a current or former recipient of assistance under this chapter who received an overpayment. (b) For purposes of this section, an applicant who received interim assistance under 7 AAC 40.375 but was denied SSI eligibility by the Social Security Administration solely on the basis that the applicant was not disabled or blind or that the applicant’s income exceeds SSI income standards is not considered to have received assistance to which the applicant was not entitled. (c) If an overpayment occurred solely as the result of an administrative error or oversight by the division, the division may request repayment. (d) If an overpayment occurred because the recipient, or representative acting on the recipient’s behalf, failed to comply with the requirements of AS 47.25.430 — 47.25.615 and this chapter, the division may require repayment. (e) To request or require repayment under (c) or (d) of this section, the division shall send an overpayment notice to the current or former recipient responsible for repaying the overpayment. However, if the recipient has a representative acting on the recipient’s behalf, the division shall send the notice to the representative. The overpayment notice must
(1) identify the overpayment amount;