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continued pending the hearing. When the final hearing decision is received, repayment will begin the following month in the amount specified by the hearing decision.

For claims that are appealed untimely, the ALJ must first address the timeliness issue before allowing a hearing to be held. The claim should not be coded as under appeal until the ALJ makes the decision to allow the hearing. If the hearing is allowed, the above steps must be followed. 4645.35.00 TREASURY OFFSET PROGRAM (TOP) (S)

TOP is the name for Treasury Offset Program (TOP). In addition to tax refunds, TOP can intercept portions of Federal salaries and future collections from RSDI and other Federal payments. The client is charged a fee for every TOP collection done.

Inactive persons who do not sign a repayment agreement or make a minimum payment within 30 days of the mail date of the Notice of Overpayment will be referred to Financial Management. Financial Management will conduct an address verification check. For all valid addresses, a one- time 60- day demand letter will be sent by Financial Management.

Federal policy allows for a TOP intercept even if this letter is returned in the mail because the address provided by the Treasury Department is considered a person’s legal address.

If an agreement has not been made by the 60th day, the claim may be eligible for the Treasury Offset Program (TOP).

After 120 days of delinquency these debts will be referred to TOP for collection.

A separate 60-day notice will be sent for each claim. A payment must be received for each debt monthly to avoid being referred to TOP. Federal pay intercepted by TOP will be electronically posted in the system. If the Financial Management Section receives voluntary payments that are made to avoid offset, they will be posted also. 4645.35.05 BENEFIT RECOVERY RESPONSIBILITY FOR TOP (S)

Each established claim must be supported by Benefit Recovery records. The Benefit Recovery worker must ensure that the correct liable individuals are listed for each claim. If a claim is appealed, a notice is returned in the mail, or the payments are being made through court/probation department, the proper coding must be entered to prevent a referral to TOP. Financial Management must be notified if one of these codes is entered after the delinquency date is set. If a claim that is being cancelled or terminated has been previously sent to Financial Management for TOP collections, Financial Management must be notified of the cancellation/termination. 4645.35.10 REQUEST FOR TOP REVIEW (S)

A Fair Hearing Request should not be accepted for TOP collection efforts. Instead, a state review should be done per the following instruction.