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14 AGs will be given the option of repaying an over issuance either in a lump sum or in regular installments. This includes former AGs who are under court order to repay if the order does not require repayment in a specific manner. The Benefit Recovery unit will negotiate a payment schedule with the AG and accept regular installments for repayment of any amounts of the over issuance not repaid through a lump sum payment. Any payment will be accepted and credited to the claim, but unless the repayment plan is acceptable, it will not prevent the claim from being delinquent. Payments are due by the 28th of each month. If the minimum acceptable payment is not made by that date, the claim is delinquent. If the client has both a TANF and/or a Medicaid and a SNAP overpayment and does not specify to which claim a repayment should be applied, the payment is to be divided equally between each program. Minimum acceptable payments will repay any claim within three years. When the claim is paid in full, the system will automatically close the claim and send an alert to the worker. 4635.10.00 SOCIAL SECURITY BENEFITS Medicaid Benefit Recovery cannot be made from active members of RSDI or SSI benefits provided by the Social Security Administration. The federal government is only allowed to pursue garnishment of benefits in the following situations: · Payments for child support or alimony · Payments for court-ordered victim restitution · Levy for unpaid federal taxes. 4635.25.00 CIVIL ACTION All steps necessary to institute civil action are taken when the Benefit Recovery unit determines that such action is required to recover over issuances from former AGs. If a case is returned indicating that civil action cannot be taken against an AG, the Benefit Recovery unit will notify the referring caseworker that there is an unpaid over issuance which cannot be collected at this time. 4635.30.00 VOLUNTARY REPAYMENT/CIVIL RECOVERY After determining that a Medicaid overpayment has occurred and repayment is appropriate, the DFR is to discuss with the AG the reason recovery is necessary and whether he will voluntarily make repayment. If the AG is willing to repay, he or she must sign a repayment agreement.