16 Del. Admin. Code § 7000-7004
Recoupment - Recoupment is the withholding of a portion of an assistance payment to an individual who is eligible for and in receipt of assistance under TANF or GA programs in order to recover an overpayment.
The amount recouped from an assistance grant from an agency caused overpayment will be 7% of the maximum payment standard for the family size or $15.00, whichever is greater. The amount recouped from an assistance grant from a client caused overpayment will be 10% of the maximum payment standard for the family size or $15.00, whichever is greater.
| FAMILY SIZE | TANF RECOUPMENT RATE | GA RECOUPMENT RATE | ||
| CLIENT CAUSED | AGENCY CAUSED | CLIENT CAUSED | AGENCY CAUSED | |
| 1 | $20 | $15 | $15 | $15 |
| 2 | $27 | $19 | $17 | $15 |
| 3 | $34 | $24 | $22 | $16 |
| 4 | $41 | $28 | $26 | $18 |
| 5 | $48 | $33 | $32 | $23 |
| 6 | $54 | $38 | $37 | $26 |
| 7 | $61 | $43 | $42 | $29 |
Over seven (7) in TANF:
Add $5.00 per person to the amount collected for a family of seven (7) for agency caused overpayments.
Add $7.00 per person to the amount collected for a family of seven (7) for client caused overpayments.
Over seven (7) in GA:
Add $3.00 per person to the amount collected for a family of seven (7) for agency caused overpayments.
Add $4.50 per person to the amount collected for a family of seven (7) for client caused overpayments.
All current cash assistance recipients who have outstanding overpayment debts are subject to recoupment if the overpayment occurred after 07/10/80, and was caused by the recipient. Agency caused overpayments are automatically recouped if they occurred after 10/01/81. Client caused overpayments that occurred before 07/10/80 and agency caused overpayments that occurred before 10/01/81 can be recouped only if the recipient agrees to this type of collection.
Only TANF overpayments can be recouped from a TANF grant, and only GA overpayments can be recouped from a GA grant. Food benefits, Medicaid, Child Support, Day Care, or other debts cannot be repaid by recouping funds from a Cash Assistance grant.
PLEASE NOTE: When completing an overpayment, the gross amount of the grant should be used.
For example, Ms. Jones received a TANF check for $235 but was recouped $15 for a previous overpayment. In calculating the new overpayment, $250 would be used for the actual grant that was issued.
Restitution - Restitution is the repayment of assistance to which a recipient was not entitled. Individuals who are not subject to recoupment must make repayment directly to the Accounting Section of ARMS.
Reimbursement - Reimbursement is the repayment by the recipient of assistance benefits for which the recipient was eligible but is required to repay. An example is the repayment of assistance received during the six-month period in which a second real estate holding is excluded as a resource in order to allow the TANF recipient an opportunity to sell the property.
Notification to Recipients of Overpayments - When a cash assistance overpayment has been processed and collection will be initiated either through recoupment, restitution or reimbursement, the indebted individual must be notified of the overpayment debt. The DSS worker is to send the notice of TANF or GA overpayment to the individual, stating the amount of the overpayment, the circumstances that caused it, the amount that will be withheld from the assistance grant if they are active, and that they will be contacted at a later date regarding repayment of the overpayment debt. The notice must also inform the individual of his/her right to request a hearing on the overpayment issue. If the overpayment is not subject to recoupment, the amount of the overpayment should still be entered into DCIS.
13 DE Reg. 1462 (05/01/10)
When a case that is subject to recoupment is closed and there is an outstanding overpayment balance, it is the responsibility of ARMS to contact the individual, establish a repayment agreement, and collect payments on the obligation. ARMS is notified of such closing via a report from DCIS.
If a prior recipient reapplies for Cash Assistance and has an outstanding overpayment balance, recoupment must be initiated when the application is approved. To ensure that the overpayment is recouped correctly, the intake worker is to contact the Accounting Section of ARMS for the current overpayment balance and determine if proper notification was sent to the client previously. If proper notice was not sent previously, the DSS worker must recalculate the overpayment and notify the prior recipient of the overpayment. The overpayment balance should be data entered into the DCIS system by DSS. Any corrections to recoupment balances will be corrected by ARMS.
13 DE Reg. 1462 (05/01/10)
Repealed
13 DE Reg. 1462 (05/01/10)
Repealed
13 DE Reg. 1462 (05/01/10)
16 Del. Admin. Code § 7000-7004