007.01(C) CRITERIA FOR ESTABLISHING INADVERTENT HOUSEHOLD ERROR OVERPAYMENTS.

An overpayment will be established against any household that received an overpayment due to an Inadvertent Household Error within the last 12 months before the month of discovery. Action may be taken on an overpayment for which more than 12 months have elapsed; however, action cannot be taken on overpayments for which more than six years have elapsed between the month an overpayment occurred and the month the overpayment was discovered. The following are the most common overpayment situations caused by inadvertent household errors: (i) Household misunderstanding or an unintended error resulting in the household either reporting incorrect information or failing to report information or changes; or (ii) Household receiving continued benefits pending a fair hearing and the agency’s decision was upheld.