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West Virginia Income Maintenance Manual Chapter 11
West Virginia Income Maintenance Manual
Page 15 Chapter 11 Benefit Repayment
The refund must be made by the method of payment that caused the claim to be over (e.g., recouped benefits, cash, or any combination of these methods paid to the Financial Clerk). When a cash refund is appropriate, IFM will notify the Financial Clerk. 11.2.8.G Effect of Bankruptcy The DOHS, acting on behalf of the United States Department of Agriculture (USDA), may act as a creditor for a bankrupt AG against which the DOHS has established a claim. When the county receives a “Notice to Creditor” document from the Bankruptcy Court, it must immediately forward it to the RI. The RI changes the eligibility system claim status to “B” for agency and client error claims and forwards the document to the IFM State Office. Further collection action is suspended. 11.2.8.H Effect of Expunged EBT SNAP Accounts When benefits are expunged from an EBT SNAP account, the following occurs: • If a claim exists, as indicated in the eligibility system, the RI receives an alert that the EBT SNAP account is being expunged. • The RI reduces the amount of the claim(s) by the amount of the expunged benefits. EXCEPTION: All refunds due to TOP offsets must be referred to the IFM state office to the attention of the TOP Coordinator or Director. NOTE: EBT benefits removed from an account in error are reissued as a supplemental issuance in the eligibility system using the appropriate coding procedures. EXCEPTION: When a claim is a type “F” IPV, the RI determines if the claim is an administrative IPV or court adjudicated. Administrative IPVs are changed to claim status “B” and further collection activity is suspended. Court-adjudicated claims that declare Chapter 7 bankruptcy are not dischargeable and remain in “O” status. Court-adjudicated claims that declare Chapter 13 bankruptcy are dischargeable and the RI changes the status to “B.” If there is more than one liable debtor, all liable debtors must declare bankruptcy for the claim to be changed to “B” status. If not, the status must remain open.