621.01 Determine the Overpayment or Overissuance SR 95-47, 07/95 (FAM-A)

The first month of overpayment or overissuance is the month in which the benefit change would have been effective had it been reported or acted upon within time frames. Compute the effective month according to the following criteria:

• Allow the household 10 calendar days to report the change, beginning with the date the change becomes known to the household.

• Allow the case technician 10 additional calendar days to make the change.

• Allow a ten-day advance notice period for the household to be made aware of any decrease in benefits.

• When any of the above ten-day periods is shorter because of a quicker actual response time, compute the effective date of the change using that actual time period.

• If a notice of adverse action was required but not provided, assume the advance notice period expired without the household requesting a fair hearing.

Never permit the effective month of the change to be later than the second month after the actual date of change. See Part 145, Changes.

Begin the overpayment with the:

• first eligible payroll period if the error is a result of information submitted for the initial eligibility determination, or

• first payroll period that could have been affected using the actual or maximum time frames if the error resulted from a change.

End the overpayment:

• when the grant has been corrected or assistance terminated, if the changed information is still current, or

• at the first payroll period after applying the actual or maximum time frames for reporting, DFA action, and advance notice period, if the information is no longer current.

Exceptions: Offset overpayments or overissuances by any underpayments.

• If an overpayment is caused by an incorrect child/spousal support amount and the difference would have resulted in the case being ineligible, then the overpayment equals the full grant amount paid.

• Employment-related disregards are allowed whenever they normally would have been used when computing the income for determining an overpayment.