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For TANF, retroactive corrective payments are not to be considered as income or as a resource to the AG in the month of receipt or the following month. (f25)
A referral to the benefit recovery unit for the determination of possible over-issuance does not constitute an outstanding claim. The restoration of benefits to a household must not be delayed on the basis of a referral to benefit recovery. 4645.20.00 COMMUNITY SERVICE CREDIT HOURS (S)
AGs who have been court ordered to complete community service hours as part of their restitution may have the amount of their over-issuance reduced by the dollar value of the service they perform. Each hour is assumed to be worth federal minimum wage unless specified otherwise by the court. When all hours ordered have been completed, documentation must be received by the County Prosecuting Attorney's office prior to adjusting the over-issuance amount. 4645.25.00 CIVIL ACTION
All steps necessary to institute civil action can be taken when the benefit recovery unit determines that such action is required to recover over-issuances from former AGs. If there is a judgment from Small Claims Court, a repayment method of SC must be entered.
If the former AGs receive SNAP or TANF benefits at a later date, appropriate benefit/allotment reduction action must be taken. 4645.30.00 HEARING REQUESTED ON OVER-ISSUANCE
An AG can request a fair hearing in written form or verbally for the SNAP AG, regarding the circumstances of an over-issuance, the amount of over-issuance, or the repayment plan established by the benefit recovery unit.
When an AG requests an appeal of the claim, the benefit recovery worker must code the claim as being under appeal. This prevents the claim from being referred to TOP. If a delinquency date has already been set, Financial Management must be notified of the appeal. Once a hearing decision is issued, an alert will be generated to notify the worker of the results. If the agency decision is sustained, the worker will request a new notice be generated to the AG giving them another 30 days to sign a repayment agreement and make their first payment.
If the agency decision is not sustained, the claim will need to be cancelled and any payments that had been collected will need to be refunded. The Administrative Law Judge may remand it back to the county to make adjustments in which case a new Notice of Overpayment would be sent. • For TANF only: When an AG requests a hearing in response to the notice regarding the amount of repayment, the benefit recovery worker is responsible for submitting the request for hearing to Hearings and Appeals Section. • For SNAP and TANF, if the AG requests a hearing within 13 days from the date of the Notice of Case Action, the benefit reduction will be removed, and the previous benefit