N.M. Admin. Code § 8.100.640.15

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.100.640.15 - TERMINATING OVERPAYMENT CLAIMS

A terminated claim is a claim in which all collection action has ceased. The department may terminate a claim for any of the reasons described in Subsections A through E of this section. SNAP, LIHEAP, TANF, AFDC, GA and refugee cash assistance and support services for participation in the SNAP and TANF work programs can be terminated.

A. Invalid claims: The overpayment is determined to be invalid based on an administrative hearing decision, a court decision or a department determination that the claim was established in error.

B. Death: All adult members responsible for repayment of the claim are deceased.

C. Cost effectiveness: The department has determined that the cost of further collection action is likely to exceed the amount that can be recovered because:

(1) the cumulative amount of all existing claims against the eligibility determination group equals twenty-five dollars ($25) or less; and

(2) a payment on the claim has not been received by the department in at least ninety (90) days.

D. Failure to locate: There is documentation establishing that the eligibility determination group cannot be located and the existing claim has been delinquent for at least six (6) years.

E. Inability to pay: There is written documentation establishing the eligibility determination group has filed for bankruptcy and the department is named as a creditor.

F. Reinstating a terminated claim: A terminated claim may be reinstated when a new collection method or a specific event substantially increases the likelihood of further collections.

G. Uncollectible claims:

(1) A claim may be determined uncollectible after being held in suspense for three (3) years.

(2) A suspended or terminated claim may be offset against any SNAP benefit amount to be restored.

H. Overpaid claims:

(1) If a household has overpaid a claim, the department shall reimburse any overpaid amounts as soon as possible after the overpayment becomes known.

(2) The household may be reimbursed by whatever method the department deems appropriate after considering the household's circumstances.

I. Compromising the claim:

(1) If the full or remaining amount of a claim cannot be liquidated in three (3) years, the restitution bureau may compromise the claim by reducing it to an amount that will allow the household to make restitution within three (3) years.

(2) A compromised claim will be offset by any benefit that has not yet been restored to the household.

(3) Claims caused by a SNAP IPV will not be compromised.

N.M. Admin. Code § 8.100.640.15

8.100.640.15 NMAC - N, 9/30/2013