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EAP Policy Manual FFY23 Chapter 10 Incidents and Appeals Page 7 Overpayment recovery efforts must be tracked by Service Providers to ensure timelines are met. The household is eligible to request Crisis assistance when one of the following occurs: • Overpayment is recovered or repaid in full • Household submits a signed declaration of hardship regarding the overpayment The household is not eligible for a Crisis benefit if they have been non-responsive to Service Provider communication regarding attempts to recover an overpayment. Overpayments Resulting from Waste and Abuse If waste or abuse results in overpayment, Commerce will review and determine actions. • Service Providers could be subject to repayment with non-federal funds. • Energy vendors could be subject to repayment and determined non-cooperative (See Chapter 15 - Energy Vendors, Non-Cooperating Energy Vendors section). • Contractors could be subject to repayment and unable to receive future EAP payments. • Commerce reserves the right to take additional steps. Overpayments Resulting from Suspected Fraud All cases of suspected fraud must be reported to proper authorities. See Investigation procedures above. The following rules guide overpayment recovery of EAP funds for instances of suspected fraud: • Households suspected of fraud must repay funds. • Funds repayment does not include the hardship reason. • Commerce may grant an exception to mandated reporting to local authorities if the household proactively identifies the fraud, provides accurate information for application corrections, and repays all overpayments. Recover funds in the following order: 1. If identified immediately, work with the energy vendor to determine if incorrect payment can be easily refunded. 2. Recover credit on energy vendor account, if possible. 3. Write to the client by certified mail to: • Notify them of the situation. • Request repayment of overpaid EAP funds not recovered. • Clarify the household’s rights and responsibilities and appeals process. • Offer to meet with them.