20 Miss. Code R. § 101-400-403.00

Current through September 24, 2024
Section 20-101-400-403.00 - Collection of Overpayments

Pursuant to the authority granted to the Agency by Section 71-5-19(4) of the Law, the Agency shall have the authority or discretion to pursue repayment and collection of overpayments that occurred due to any reason, including overpayments that result from a re-determination by the Agency, or that occur as the result of an appeal within the Agency or to the courts, and irrespective of whether said overpayment resulted from fraud, non-disclosure, or misrepresentation by the claimant. The Agency shall have the authority to pursue collection of all overpayments, including overpayments that result from a re-determination or reversal from an appeal, by the methods or manner as provided in Sections 71-5-363 through 71-5-383 of the Law, for the collection of past-due contributions, also authorized by Section 71-5-19 of the Law. Methods of collection shall include, but not be limited to, cash repayment, offset of future benefits, filing liens, warrants, or suit, garnishment, and interception of state income tax refunds.

Any such judgment, lien or warrant against a person for collection of an overpayment shall be in the form of a seven (7) year renewable lien. Unless action is brought thereon prior to expiration of the lien, the Agency must refile the notice of the lien prior to its expiration at the end of seven (7) years. There shall be no limit upon the number of times the Agency may refile notices of liens for collection of overpayments. The Agency will participate in the Interstate Reciprocal Overpayment Recovery Arrangement, which will include withholding benefits in order to assist other states in collecting overpayments.

Overpayments must be liquidated in accordance with specific program restrictions before future benefits can be paid to the individual.

20 Miss. Code. R. § 101-400-403.00

Miss. Code Ann. §§ 71-5-115 & 71-5-117 (Rev. 2004).