46.21 Definitions.

“Agency error” in overpayments means: 1. The same circumstances as described in 441—subrule 45.24(1) pertaining to underpayments, or 2. Any error that is not a client or procedural error. “Client” means a current or former applicant or recipient of the family investment program. “Client error” means and may result from: 1. False or misleading statements, oral or written, regarding the client’s income, resources, or other circumstances that may affect eligibility or the amount of assistance received; 2. Failure to timely report changes in income, resources, or other circumstances as required by rule 441—40.27(239B); 3. Failure to refund to child support services any nonexempt payment from the absent parent received after the date the decision on eligibility was made; or 4. Access of benefits issued via the electronic access card at a prohibited location pursuant to 441—subrule 41.25(11). “Overpayment” means any assistance payment received in an amount greater than the amount the eligible group is entitled to receive or the amount of any payment accessed and any associated fees for accessing the benefits at a prohibited location pursuant to 441—subrule 41.25(11). “Procedural error” means a technical error that does not in and of itself result in an overpayment. Procedural errors include: 1. Failure to secure a properly signed application at the time of initial application or reapplication. 2. Failure to secure a properly signed form prescribed by the department to request FIP beyond 60 months as described in 441—subrule 41.30(3). 3. Failure of the department to conduct the interviews described in 441—subrules 40.24(2) and 40.27(1). 4. Failure to request a review form prescribed by the department at the time of a semiannual or annual review. 5. Failure of department staff to cancel the family investment program benefits when the client submits a review form prescribed by the department that is not complete as defined in 441—paragraph 40.27(4)“b.” However, overpayments of grants as defined above based on incomplete reports are subject to recoupment. “Recoup” means reimburse, return, or repay an overpayment. “Recoupment” means the repayment of an overpayment, either by a payment from the client or an amount withheld from the assistance grant or both. [ARC 9260C, IAB 5/14/25, effective 7/1/25]