Page 196
(f) The agency waives collection of overpayments resulting from client error, where fraud does not exist, and the overpayment does not result in the recipient’s becoming ineligible for financial assistance. (4) The assistance payments case record shall consist of, but not be limited to, the following documents: (a) The application and subsequent redetermination forms signed by the individual as a statement of his financial situation; (b) The agency’s documentation of all eligibility factors; (c) The forms authorizing or discontinuing payment of the assistance grant or medical assistance benefits and all subsequent status change forms; and (d) All correspondence, including letters of complaint and appeal requests relating to the individual’s eligibility to receive assistance. 114–1020. Application and Redetermination Procedures. A. Applications for public assistance shall be filed at the County Department of Social Services Office located in the county in which the applicant actually resides at the time of application. For children in Regular foster care, the application shall be filed in the county where the court order was issued, if different from the county of current residence. (1) An application shall be taken without delay and the individual may apply for whatever category of assistance he chooses. (2) The county department shall make every reasonable effort to help the applicant establish his eligibility. B. If an application is made for an individual without his knowledge, the county department may take no action without first obtaining his knowledge and consent, unless such individual is incompetent or incapacitated. In this latter case, assistance payments may be made only to the individual’s duly appointed legal guardian or authorized representative. C. Application shall be by agency form and shall be signed, except for SSI recipients. The application form shall: (1) Clearly signify the intent of the individual to apply and the effective date of such application; (2) Advise the applicant of his rights and responsibilities; (3) Put the applicant on notice that he is liable for the truthfulness of the information he includes on the application; (4) Provide the agency with sufficient information to begin an accurate determination of eligibility or ineligibility. D. The applicant or recipient shall: (1) Provide complete and accurate information about his circumstances, and shall be told that State Law provides a penalty for making false statements, for willful misrepresentation of facts, or for impersonation; (2) Report any changes in circumstances which may affect his eligibility or entitlement for assistance within ten days of such change; (3) Repay funds received during a period of ineligibility resulting from failure to report changes of circumstances or from giving incorrect information. E. An applicant may be assisted by any individual of his choice in the various aspects of the application process and may be accompanied by such individual in contacts with the agency and, when so accompanied, may also be represented by such individual. F. Application interviews shall include: (1) An explanation of eligibility requirements, the agency’s standard of promptness in acting on applications, the applicant’s right to a fair hearing, the procedure for requesting a hearing, and the applicant’s rights under Title VI of the Civil Rights Act of 1964. (2) An explanation of the applicant’s responsibilities to give complete and accurate information, to report any changes in his circumstances, and to repay funds received ineligibly.