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[CLAIMS: GENERAL] Revised 12-01-17 07-01-19 Volume III | Chapter 14
14001
MISSISSIPPI
Overpayments may be recovered from liquid assets, gross income, and the assistance grant. However, only gross income and the assistance grant will be used to establish the amount from which monthly recoupment from benefits can be made. The Department must always allow the client to retain 90% of what the maximum grant would be for the appropriate number of individuals when there is no other income available to the family. Recoupment by reduction of benefits is only possible when the client to whom overpayment was made remains eligible for assistance in the amount of $10 or more. Investigation for possible recoupment from closed cases is the responsibility of the Fraud Investigation Unit in the Legal Services Division. Recoupment from closed and under $10 cases is the responsibility of the Department of Accounting and Finance. When a case has been closed and outstanding overpayments or underpayments remain on reapplication, these payments are to be recouped by reduction of the grant, or corrected, when the case becomes active again. See procedures later in this chapter. Using guidelines dictated by federal regulations and state law, the Department has chosen to recover from the person who caused the overpayment although that individual may no longer receive a grant. The policy and procedures set out below are applicable to the TANF and Refugee Resettlement and Cuban/Haitian Entrants programs. Both the county and the state offices of the Department have responsibilities for handling cases of improper payment and for recovering amounts improperly paid. See continued discussion for the state statute regarding suspected fraud. INSTANCES REQUIRING A CLAIM Instances which may result in a claim include, but are not limited to, the following: The assistance unit: 1. Failed to provide the county with the correct or complete information. 2. Failed to report to the county changes in its circumstances. 3. Provided erroneous information.