Current through September, 2024
Section 17-683-24 - Overpayment recovery activities on closed cases(a) Recovery of overpayments from individuals who are no longer receiving financial assistance shall be made by appropriate action under state law against the income and assets of any individual member of the overpaid assistance unit who was included in the financial assistance grant including non-needy caretakers.(b) The department may send periodic bills requesting payment for overpayments from individuals no longer receiving financial assistance.(c) In locating former recipients with overpayments, the department shall use appropriate data sources such as state automobile registration, state unemployment insurance files, and the social security administration's, benefit date exchange (BENDEX).(d) When the department determines that reasonable efforts have been made to recover an overpayment and it is no longer cost effective to continue collection activities, the department may discontinue efforts to recover the overpayment. Reasonable efforts must include notification of the amount of and reason for the overpayment and that repayment is required.(e) Recovery activities shall not be suspended or waived by the department in cases involving fraud, or where the court has ordered an individual to repay overpayments to the department.(f) Any overpayment shall be recovered by reducing the amount of financial assistance when the overpaid individual or a member of the overpaid unit reapplies and is approved for financial assistance.[Eff 03/19/93; am 3/14/94; am 9/26/97; am 7/16/99; am and comp NOV 19 2005] (Auth: HRS §§ 346-14, 346-44) (Imp: 42 U.S.C. §§601 - 603; HRS §§ 346-34, 346-35, 346-37, 346-44)