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West Virginia Income Maintenance Manual Chapter 4
West Virginia Income Maintenance Manual Page 101 Chapter 4 Income
benefit that was reduced, suspended, or terminated as the final authority for the determination of intentional misrepresentation. If the determination is not specifically identified and documented by the other program, the policy in this section is not applied. The Worker must not make a judgment about whether or not the client’s actions constitute intentional misrepresentation. If the Worker is unable to obtain information from another program outside DOHS, the policy in this section must not be applied. The Worker must document efforts to obtain such information, including information received from the client or copies of appropriate correspondence, if any, filed in the case record. This is necessary to avoid Quality Control (QC) errors for non- compliance with the policy. When means-tested income is SSI, the agency must not contact the SSA to obtain information about SSI recipients who had withholding from their payments due to an overpayment of SSI benefits. Any other recoupment is not counted as income when voluntarily or involuntarily withheld to repay a prior overpayment received from that same source, if the income was counted or would have been counted in the month received. ▪ Non-means Tested Programs Unearned income sources that are not-means tested include, but are not limited to, RSDI and Workers’ Compensation. Any recoupment is not counted as income when voluntarily or involuntarily withheld to repay a prior overpayment received from that same source, if the income was counted or would have been counted in the month received. Example: The client is eligible for $450 from RSDI; however, $50 a month is withheld by the SSA to repay a previous RSDI overpayment. The countable RSDI is $400. ▪ Garnishment Income that is withheld for any reason not listed above including, but not limited to, child support or legal fees is counted. See Income Disregards and Deductions above for allowable deductions.