Section R. 400.3179 - Benefit overissuance; collection and repayment actionsRule 29.
(1) The department shall employ administrative recoupment processes to recoup all benefit overissuances from active or inactive state disability assistance groups by cash repayment or benefit reduction.(2) The department shall seek recoupment of benefit overissuances from any adult who was a group member when the overissuance occurred.(3) The department shall recoup overissuances on active state disability assistance cases through benefit reduction, unless cash payments are ordered by a court.(4) If an overissuance is not paid in full during the timely notice period, then the department shall reduce state disability assistance warrants by a percentage of the payment standard as follows:(a) The department and client error overissuances are recouped at a 5% reduction of the payment standard.(b) Intentional program violation overissuances are recouped at a 10% reduction of the payment standard.(5) An overissuance repayment amount shall be adjusted to maintain a minimum $2.00 cash benefit to the client.(6) If a court orders cash repayment of an overissuance and the active state disability assistance client does not make regular cash payments, then the department shall change the collection method to benefit reduction.(7) A local department office may pursue, through probate court claim action, collection from the estate of a person who dies and has an overissuance balance.(8) A payment received as restitution under the terms of a person's probation reduces the balance owed, but completing the probation period or performing a requirement of probation does not reduce the amount owed in excess of the actual dollar amount paid toward the balance owed.Mich. Admin. Code R. 400.3179
1998-2000 AACS; 2015 MR 6, Eff. March 24, 2015