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Volume III | Chapter 14

14202 MISSISSIPPI [ CLAIMS: PROCEDURES AFTER APPROVAL OF CLAIM]

Revised 01 - 01 - 07 efforts to locate the caretaker relative recipient and collect the improper payment. A record of location attempts must be made, such as undeliverable delinquent notices, date of death, case closures because client left the State, etc. It is appropriate to notify other members of the assistance unit of the outstanding overpayment obligation and their responsibility to repay only after the caretaker relative recipient cannot be located. Location of the caretaker relative recipient means that: (1) The State has identified the physical whereabouts of the caretaker relative recipient, and (2) The State must be able to obtain repayment or recoupment from the TANF grant; or (3) The State must be able to effectuate legal process, if necessary, to collect the overpayment from the caretaker relative recipient. TANF Payee Not a Recipient When the payee was not a member of the overpaid assistance unit, but did knowingly obtain benefits for her/himself rather than the dependent children, the suspected fraud claim will be prepared and sent to the CMU. The FI unit can pursue court action on the suspected fraud case. In this case, the children are not responsible for repayment. EXAMPLE: The caretaker relative failed to report that all children had left the home and she continued to receive TANF until the next case review. TANF Payee is a Recipient/Court Ordered When the payee was a member of the overpaid assistance unit and a court order established repayment, all reasonable collection efforts must be made to collect from that payee whether or not the person continues eligible for TANF. The overpayment obligation will not be discharged until the overpayment is fully recovered. If the judgment is no longer legally enforceable (death of the person without assets, left the state or cannot be located, etc.) the remaining unpaid obligation will be passed on to the remaining members of the assistance unit, the same as if there was no court order, until that person returns to the State and is re-located for collection. TANF Payee is a Recipient/Without Court Order When there is no court order for repayment and the caretaker relative is a recipient at the time of overpayment, recoupment will begin from the first TANF payment following the expiration of the 10-day notification according to ongoing policy. If the case is closed and the recipient is later reapproved, recoupment begins immediately, provided appropriate demand notices have already been sent timely. When