S.D. Admin. R. 67:10:05:12

Current through Register Vol. 50, page 159, June 17, 2024

Section 67:10:05:12 - Recovery of overpayments from assistance unit

The department recovers overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the assistance grant. The amount of the recoupment may not exceed ten percent of the assistance grant. If the assistance unit no longer receives benefits under TANF, the department may submit the overpayment to the federal government for collection through the federal tax refund intercept program.

An overpayment results if an assistance unit receives a larger allotment than the assistance unit is entitled to receive. For recovery purposes, overpayments may result if the assistance unit:

(1) Fails to report a change in circumstances as required under § 67:10:05:14 or 67:10:01:23;

(2) Reports a change in circumstances but the change was reported incorrectly; or

(3) Provides incorrect information on the application.

If the overpayment is the result of a misunderstanding or unintended error on the part of the caretaker relative, recovery of the overpayment is made on those claims for which 12 months or less have elapsed between the month the overpayment occurred and the month the department discovered the overpayment.

If the overpayment is the result of a determination of fraud or an intentional program violation, recovery of the overpayment is made on those claims for which six years or less have elapsed between the month the overpayment occurred and the month the department discovered the overpayment.

S.D. Admin. R. 67:10:05:12

24 SDR 24, effective 8/31/1997; 36 SDR 103, effective 12/21/2009.

General Authority: SDCL 28-7A-3(6).

Law Implemented: SDCL 28-7A-3(6), 28-7A-17.