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RECOVERY METHODS

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Methods of recovery vary depending on whether the overpaid person is a participant or non-participant.

Recovery methods for recovering overpayments from participants are:

● Recoupment.

● Voluntary repayment. See 0025.21.03 (Overpayment Repayment Agreement).

● Civil recovery. See 0025.21.06 (Civil Recovery).

● Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

● Offsetting overpayments with underpayments. See 0025.09 (Correcting Underpayments).

For additional methods of recovering overpayments from participants, see the individual programs listed below.

Common methods for recovering overpayments from non-participants are:

● Voluntary repayment, repayment agreements, and Confessions of Judgment. See 0025.21.03 (Overpayment Repayment Agreement).

● Referral to Revenue Recapture. See 0025.21.09 (Revenue Recapture Act).

● Civil recovery. See 0025.21.06 (Civil Recovery).

● Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

● Contracting with a professional or private collection agency.

For programs other than SNAP and the food portion of MFIP, all direct recoveries by the county (EXCEPT recoupments) qualify for retention of 50% of the non-federal share.

For SNAP and the food portion of MFIP, there is a 35% federal incentive provided for fraud recoveries, 20% for household errors, and 0% for agency errors. Counties receive half of this incentive when Treasury Offset Program (TOP) recovers the money and they receive full incentive when recovery is a result of recoupment or direct payment.

Do not use wage garnishment for participants. Do not use wage garnishment for non-participants until 6 months after all public assistance eligibility ends.

MFIP: Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants for the MFIP Food Portion only.

DWP: Follow general provisions. However, there is no cross-program recoupment.

SNAP: Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants.

MSA, GA:

Page 1061

Official source

COMBINED MANUAL

ISSUE DATE 01/2019

RECOVERY METHODS

0025.21

Methods of recovery vary depending on whether the overpaid person is a participant or non-participant.

Recovery methods for recovering overpayments from participants are:

● Recoupment.

● Voluntary repayment. See 0025.21.03 (Overpayment Repayment Agreement).

● Civil recovery. See 0025.21.06 (Civil Recovery).

● Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

● Offsetting overpayments with underpayments. See 0025.09 (Correcting Underpayments).

For additional methods of recovering overpayments from participants, see the individual programs listed below.

Common methods for recovering overpayments from non-participants are:

● Voluntary repayment, repayment agreements, and Confessions of Judgment. See 0025.21.03 (Overpayment Repayment Agreement).

● Referral to Revenue Recapture. See 0025.21.09 (Revenue Recapture Act).

● Civil recovery. See 0025.21.06 (Civil Recovery).

● Criminal restitution. See 0025.24 (Fraudulently Obtaining Public Assistance).

● Contracting with a professional or private collection agency.

For programs other than SNAP and the food portion of MFIP, all direct recoveries by the county (EXCEPT recoupments) qualify for retention of 50% of the non-federal share.

Do not use wage garnishment for participants. Do not use wage garnishment for non-participants until 6 months after all public assistance eligibility ends.

MFIP: Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants for the MFIP Food Portion only.

DWP: Follow general provisions. However, there is no cross-program recoupment.

SNAP: Also use the Treasury Offset Program (TOP) as an additional method of recovery for non-participants.

MSA, GA: