Md. Code Regs. 07.03.14.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.14.02 - Underpayment Procedures

A. To correct an underpayment, the local department shall:

(1) Correct continuing payments promptly, if appropriate;

(2) Authorize corrective payment as a one-time-only payment equal to the total amount of the underpayment from the time of discovery and correction, retroactive to the time the underpayment first occurred; and

(3) Require that a supervisory level employee review and approve each fiscal authorization to correct an underpayment before payment is made.

B. Corrective payments are not counted as income or resource for determining eligibility in the month paid or in the following month.

C. The corrective payment is charged to the program funding source according to instructions issued by the Department.

D. An uncorrected underpayment may be applied to offset an overpayment debt.

E. When a decision of the Office of Administrative Hearings as applied to individuals similarly situated would result in a benefit, the local department shall, upon request of the individual, make retroactive adjustments to the date that the incorrect action was taken.

F. A recipient or former recipient may request an administrative hearing to challenge the amount of an underpayment.

Md. Code Regs. 07.03.14.02

Regulations .02, amended effective May 23, 1983 (10:10 Md. R. 872)