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If it is determined that the entire AG was not eligible for TANF or included as a member of the TANF AG (see Section 2414.10.05) or SSI for a period of time when the AG was receiving SNAP as a categorically eligible AG, a determination of the reason the AG was ineligible for TANF, or SSI needs to be made. If the AG received an over- issuance during this period because a change that was required to be reported occurred in AG composition or income and was not reported or reflected in the budget calculations, a claim may exist. 4620.30.00 DETERMINING THE AMOUNT OF OVER-ISSUANCE (C)
The agency is to recover any over-issuance identified when: • The AG or any member thereof is ineligible for any payment month; or • A benefit reduction would have occurred had a change of circumstances been appropriately budgeted.
Actual income and circumstances must be used in determining over-issuances for past time periods. 4620.30.05 BUDGETING IMPROPERLY RETAINED SUPPORT PAYMENTS (C)
If assigned support is not sent to the Indiana Child Support Bureau, that income must be included in the TANF budget to determine the AG's award. All monthly support payments received directly must be shown as unearned income to the AG in the month of receipt. 4620.30.10 REDUCING AN OVER-PAYMENT WITH CHILD SUPPORT COLLECTIONS (C)
When child support collections have been made for a month when a TANF over-issuance has been calculated, it is necessary to determine whether the support retained by the Child Support Bureau completely reimbursed the TANF grant in that month. If the child support payment fully reimbursed the original TANF grant, no TANF over-issuance exists. However, child support payments that partially repay the TANF grant require further consideration as follows: • Child support collections which equal or are less than the corrected TANF grant do not result in a reduction in the TANF over-issuance as the support did not fully reimburse the corrected grant. • Child support collections which are greater than the corrected TANF grant require an adjustment in the over-issuance calculation. The over-issuance is reduced by the amount of surplus support which was left after the corrected grant was reimbursed. 4625.00.00 OFFICIAL DETERMINATION OF FRAUD
Fraud must be determined by one of the following: • A court with appropriate criminal jurisdiction, • A disqualification consent agreement; • An administrative disqualification hearing;