Page 195

(ii) The thirtieth day from the date on which a properly signed application form is received. (b) For the General Disability Assistance (GDA) and General Assistance-Ineligible Spouse (GA- IS) programs an eligible applicant accrues the right to a money payment under the GDA and GA- IS Programs beginning with the first day of the month of certification for payment. (c) For the Optional Supplementation (OS) program, an eligible applicant accrues the right to an OS payment beginning with the later of the following dates: (i) The day of application if he has already entered a residential care facility; or (ii) The day of entry into a residential care facility if he makes application for assistance prior to entry. (d) A recipient’s right to a money payment accrues on the first day of each month, provided he is alive and eligible on that day. (e) If a recipient receives an underpayment due to agency error a supplemental payment may be authorized to compensate the recipient for the loss of benefits to which he was entitled. Correction of underpayments shall be limited to the three months prior to discovery of the underpayment. The amount of a supplemental payment shall not be considered as income or as a resource of the recipient in the month paid nor in the next following month. However, any amount remaining after this time period shall be considered as a resource. Underpayments which occur due to client error may be adjusted only through the Fair Hearings procedure in Article 3 of these regulations. (f) When a recipient of public assistance dies on or after the first day of the month for which an assistance check is issued, such check may be endorsed to the recipient’s spouse or nearest relative by the County Director. (2) Applicants or recipients may request a fair hearing in accordance with Article 3 of these regulations. (3) Overpayments. An overpayment occurs when an assistance payment is made in an amount greater than that to which the recipient is entitled, or when an assistance payment is made to an ineligible recipient. An overpayment may result from any one of the following circumstances. (a) Agency error, as defined below: (i) Failure of the agency to take case action immediately when the agency had knowledge of a change in circumstances. (ii) Failure of the agency to follow up on information when there is an indication in the case record that a change in circumstances could be anticipated and it is later found that such change took place. (iii) Failure of the agency to make a redetermination as scheduled. (iv) Failure of the agency to apply policy or procedures correctly although timely action was taken. (b) Client error where the client withheld information because of misunderstanding or incapaci- ty of understanding agency program eligibility requirements. (c) It is the responsibility of the agency to inform the applicant or recipient that he shall furnish to the agency accurate information concerning changes in income, resources or other circum- stances which may affect his eligibility to receive assistance within ten days after such change occurs and that the agency may collect from him any assistance received ineligibly. (d) The recipient of assistance carries the responsibility for the repayment of overpayments received in the form of financial and medical assistance during a period of ineligibility resulting from the failure of the recipient to report changes of circumstances or from giving incorrect information; or pending the outcome of an appeal decision in which appeal the decision of the county department was upheld. (e) The agency waives collection of overpayments from a recipient when the overpayment was caused wholly or partially by agency error.