Section 17-685.2-7 - Overpayment and fraud(a) An overpayment shall be created when: (1) There is an error in determining the household unit's eligibility for replacement of stolen benefits that results in an overpayment; or(2) There is an error in calculating the replacement benefit amount.(b) A household unit subject to recovery of an overpayment shall be provided adequate notice by the department including: (1) The reasons, dates, and the amount of the alleged overpayment; and(2) The proposed method by which the overpayment shall be recovered.(c) The available methods that the household unit shall repay the department include: (1) Cash payment made in person at the department's fiscal management collections office; or(2) Cashier's check or money order, payable to the director of finance, State of Hawaii.(d) Repayment must be made in full or upon signing of a repayment agreement with no less than ten percent of the total overpayment amount paid monthly until the entire overpayment amount is recovered.(e) If the household unit for whom a collection has been initiated fails to make a payment for any month in the calendar tax year, the department may refer debts exceeding twenty-five dollars to the comptroller of the State for tax setoff as specified in chapter 17-606, or any other appropriate action as authorized by law.(f) Fraud, as defined in section 17-685.2-2, committed by the household unit or an individual household member shall be punishable under applicable state and federal laws. Chapter 17-604.1 shall be applied when an investigation of suspected fraud is required.Haw. Code R. § 17-685.2-7
[Eff 11/6/2024] (Auth: HRS §§91-3, 91-4, 346-4.5, 346-14, 346-44, and 346-155; 42 U.S.C. §§ 601, et seq.; 42 U.S.C. § 618; P.L. 117-328, Title IV, §501) (Imp: HRS §§346-14, 346-44, and 346-155.; 7 C.F.R. § 273.18(e); 45 C.F.R. § 98.50; 45 C.F.R. §§ 260.20, et seq.; P.L. 117-328, Title IV, §501)