106 Mass. Reg. 706.290

Current through Register 1523, June 7, 2024

Section 706.290 - Recovery from Current Clients

(A)Method of Recovery.

(1) Recovery of an overpayment shall be sought from current clients and previous clients who reapply for and are determined eligible for TAFDC or EAEDC.

(2) The methods of recovery shall be by:

(a) recoupment, which is the recovery of an overpayment by means of a reduction in the client's grant;

(b) a lump sum payment;

(c) installment payments;

(d) wage assignment as provided in 106 CMR 706.295;

(e) any combination of the above four methods; or

(f) any other recovery method permitted by law.

(3) If a client refuses or fails to pay or who has been repaying his or her overpayment to the Department through a lump sum payment and/or installment payments or a combination of methods provided in 106 CMR 706.290(A)(2) misses a payment or is otherwise in arrears, he or she shall be required to repay the remaining overpayment:

(a) by recoupment; or

(b) by wage assignment.

(B)Amount of Recovery.

(1) The Department shall recover overpayments on a monthly basis, in an amount equal to:

(a) 10% of the appropriate TAFDC Payment Standard or EAEDC Standards of Assistance;

(b) an amount that exceeds 10% of the appropriate TAFDC Payment Standard or EAEDC Standards of Assistance, if the client agrees, through an arrangement with BSI or the Department;

(c) a judgment or order of the court; or

(d) a repayment agreement established by a fair hearing or an administrative disqualification hearing.

(2) For recovery of overpayments initiated prior to 11/1/92, the Department shall recover overpayments on a monthly basis, in an amount equal to 1% of the appropriate TAFDC Payment Standard (see106 CMR 204.420 and 204.425) or EAEDC Standards of Assistance (see106 CMR 321.420) .

A recipient may have agreed or may now agree, through an arrangement with the Bureau of Special Investigations (BSI) (see 106 CMR 706.270) or the Department, to an amount that exceeds 1% of the appropriate TAFDC Payment Standard (see106 CMR 204.420 and 204.425) or EAEDC Standards of Assistance (see106 CMR 321.420) .

106 CMR 706.290

Amended by Mass Register Issue 1461, eff. 1/4/2022.

Amended by Mass Register Issue 1465, eff. 1/4/2022.