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West Virginia Income Maintenance Manual Chapter 11

West Virginia Income Maintenance Manual

Page 21 Chapter 11 Benefit Repayment

11.3.4.C Corrective Payments Due the AG If the AG has both an overpayment and an underpayment, the amount of the underpayment is treated as a payment toward the overpayment. 11.3.5 COLLECTING THE CLAIM The following persons are equally liable for the total amount of overpayment and are liable debtors: • Adult or emancipated minors in the AG • Disqualified individuals who would otherwise be required to be included • Caretaker relatives who signed the application/redetermination at the time of overpayment • An unreported adult who would have been required to be in the AG had he been reported • Sponsors of noncitizen AGs when the sponsor is responsible for the overpayment When the AG composition changes, collection is pursued against any and all AGs that include a liable debtor. For AGs containing a liable debtor, collection activity may begin immediately. Repayment is initiated at the time the notification letter is generated by the eligibility system. Repayment by benefit reduction is mandatory when a liable debtor receives cash assistance. The eligibility system automatically begins recoupment and posts these payments to the claim. NOTE: Initial payments and Diversionary Cash Assistance payments are not subject to recoupment or offsetting. NOTE: The DOHS may not under any circumstance retain more than the total amount of all outstanding claims. When this occurs regardless of the reason, benefits must be restored. NOTE: When the benefit reduction causes the check to be reduced to zero, cash assistance benefits must remain at $1, if otherwise eligible.