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(a) All adult household members will be jointly and severally liable for the value of any over- issuance of benefits to the household. Local departments must establish a claim(s) against any household that has received more food stamp benefits than it is entitled to receive or any household which contains an adult member who was an adult member of another household that received more food stamp benefits than it was entitled to receive.
(1) Collection of claims against any or all adult members of a household will be initiated at the time the over-issuance occurred. If a change in household composition occurs, collection action must be pursued against any household which has a member who was an adult member of a household that received the over-issuance. The amount of the claim may also be offset against restored benefits owed to any household which contains a member who was an adult member of the household at the time the over-issuance occurred. Under no circumstances can the collection exceed the amount of the claim.
(2) Collections of overissuances. A social services district must collect any overissuance of food stamp benefits issued to a household by:
(i) direct payment;
(ii) reducing the allotment of the household as provided in paragraph (5) of this subdivision;
(iii) withholding amounts from unemployment compensation from a member of the household, provided State computer supports are in place;
(iv) recovering from Federal pay or a Federal income tax refund, provided State computer supports are in place; or
(v) any other means as directed by the State. Social services districts may use additional means to collect overissuances provided such means are cost effective and do not violate any other provisions of this Part.
(i) direct payment;
(ii) reducing the allotment of the household as provided in paragraph (5) of this subdivision;
(iii) withholding amounts from unemployment compensation from a member of the household, provided State computer supports are in place;
(iv) recovering from Federal pay or a Federal income tax refund, provided State computer supports are in place; or
(v) any other means as directed by the State. Social services districts may use additional means to collect overissuances provided such means are cost effective and do not violate any other provisions of this Part.
(3) Suspending collection of inadvertent household or administrative error claims.
(i) Social services districts may suspend collection action on an inadvertent household or administrative error claim if no collection action was initiated because of one of the following conditions:
(a) the total amount of the claim is less than $35, and the claim cannot be recovered through benefit level reduction;
(b) the social services district has documentation which shows that the household cannot be located; or
(c) the case is being referred for possible prosecution or for administrative disqualification and the social services district determines that collection action would prejudice the case.
(ii) The collection of an inadvertent household error claim against a non-participating household or the collection of any administrative error claim may be suspended if collection action has already been initiated and at least one demand letter has been sent and:
(a) the household cannot be located; or
(b) the cost of further collection action is likely to exceed the amount that can be recovered.
(i) Social services districts may suspend collection action on an inadvertent household or administrative error claim if no collection action was initiated because of one of the following conditions:
(a) the total amount of the claim is less than $35, and the claim cannot be recovered through benefit level reduction;
(b) the social services district has documentation which shows that the household cannot be located; or
(c) the case is being referred for possible prosecution or for administrative disqualification and the social services district determines that collection action would prejudice the case.
(a) the total amount of the claim is less than $35, and the claim cannot be recovered through benefit level reduction;
(b) the social services district has documentation which shows that the household cannot be located; or
(c) the case is being referred for possible prosecution or for administrative disqualification and the social services district determines that collection action would prejudice the case.
(ii) The collection of an inadvertent household error claim against a non-participating household or the collection of any administrative error claim may be suspended if collection action has already been initiated and at least one demand letter has been sent and:
(a) the household cannot be located; or
(b) the cost of further collection action is likely to exceed the amount that can be recovered.
(a) the household cannot be located; or
(b) the cost of further collection action is likely to exceed the amount that can be recovered.
(4) Suspending collection of intentional program violation claims.
(i) A social services district may suspend collection action on an intentional program violation claim at any time if it has documentation that the household cannot be located.
(ii) The collection of any intentional program violation claim against a non-participating household may be suspended if the cost of further collection action is likely to exceed the amount that can be recovered and demand letters have been sent as follows:
(a) claims under $100 - at least one demand letter;
(b) claims between $100 and $400 - at least two demand letters; or
(c) claims of more than $400 - at least three demand letters.
(i) A social services district may suspend collection action on an intentional program violation claim at any time if it has documentation that the household cannot be located.
(ii) The collection of any intentional program violation claim against a non-participating household may be suspended if the cost of further collection action is likely to exceed the amount that can be recovered and demand letters have been sent as follows:
(a) claims under $100 - at least one demand letter;
(b) claims between $100 and $400 - at least two demand letters; or
(c) claims of more than $400 - at least three demand letters.
(a) claims under $100 - at least one demand letter;
(b) claims between $100 and $400 - at least two demand letters; or
(c) claims of more than $400 - at least three demand letters.
(5) Recoupment of claims through reduction of current benefits must be applied as follows:
(i) for an inadvertent household error or an administrative error as defined in section 387.1 of this Part - 10 percent of the household's monthly allotment or $10 per month, whichever is greater; and
(ii) for an intentional program violation as defined in section 387.1 of this Part - 20 percent of the amount the household would have received if the household member(s) had not been disqualified or $10 per month, whichever is greater.
(i) for an inadvertent household error or an administrative error as defined in section 387.1 of this Part - 10 percent of the household's monthly allotment or $10 per month, whichever is greater; and
(ii) for an intentional program violation as defined in section 387.1 of this Part - 20 percent of the amount the household would have received if the household member(s) had not been disqualified or $10 per month, whichever is greater.
(6) Terminating collection of claims. Social services districts may determine a claim to be uncollectable after it has been suspended for a period of three years. A suspended or terminated claim must be offset against restored benefits as provided in section 387.18(f) of this Part.