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Low Income Home Energy Assistance Program Division 10 Service 415 Program 415 Chapters 05 - 65 North Dakota Department of Health and Human Services

For administrative errors and inadvertent household errors, the worker must establish a claim for any over-issuance for a maximum of current heating season and prior heating season from the date of discovery.

Example: In May 2016 (FY2016 Heating Season) an administrative error is discovered. The eligibility worker can examine the client’s LIHEAP case for FY2015 and FY2016 heating seasons. The FY2015 claim payment would have to be paid back by the end of FY2016 (September, 2016) The FY2016 claim payment would have to be paid back by the end of FY2017 (September, 2017) *If the payment was not paid back by the guidelines above, the client would continue to make payments until the overpayment is paid in full. 3. A copy of the repayment agreement will be forwarded to the State Administrator of LIHEAP. 4. Collection Whenever the repayment is not received through the above procedures, the County States Attorney may be willing to represent the county in a civil action in county court or small claims court. If so, the request should be transmitted in writing with a copy to the State Administrator of LIHEAP.

Other collection actions, such as referral to a private collection agency, may be appropriate but the cost and other effects must be carefully considered.

See 415-55-10-05 and 415-55-10-05-05 if county social service board staff determines that the overpayment is a result of suspected fraud.