.893 If the workfare or work component requirement does not continue and the overissuance was the result of an inadvertent household or agency error, the CWD shall:
(a) Determine whether the number of hours worked in workfare are more than the number which could have been assigned had the proper benefit level been used in calculating the number of hours to be worked. (b) If the extra hours that were worked because of the improper benefit level equal the amount of hours calculated by dividing the overissuance by the higher of the State or federal minimum wage, no claim shall be established. No credit for future work requirements shall be given. (c) If the extra hours worked times the higher of the State of federal minimum wage do not equal the amount of the overissuance, the amount of the claim established under Section 63-801.312 shall be adjusted to equal the amount of the overissuance not “worked off”. HANDBOOK BEGINS HERE EXAMPLE A household was incorrectly issued a benefit of $150 in a month when $100 would have been the proper benefit. The household, based on the $150 allotment worked 35 hours [$150 divided by the minimum wage--$4.25]. Had the allotment been correctly calculated the household could have been assigned no more than 23 hours in that month. A claim would be established for the amount of the overissuance not “worked off” [e.g., any hours between 23 and 35 which were not “worked off”]. Since the household worked the entire 35 hours, no claim would be established. However, if the household has worked 30 hours, the minimum wage times five [the number of hours not “worked off”] or $21.25, would have to be recovered. HANDBOOK ENDS HERE FOOD STAMP REGULATIONS