Section 1240-01-52-.01 - DEFINITIONS(1) Administrative (Agency) Error. An overpayment or underpayment caused by an error made by any representative of the Department of Human Services. Administrative errors may include, but are not limited to:(a) Failure to take timely action on a change reported by the AG or known to the department;(b) Incorrect computation of the AG's income or deductions, or authorization of an incorrect grant amount; or(c) Incorrect application of policy.(2) Claim. The data describing a debt due the state and the unpaid balance of that debt.(3) Collection. The process of collecting an overpayment.(4) Grant (Benefit) Reduction. Process of recovering an overpayment from an active assistance group by withholding an amount equal to 10% of the payment standard from the monthly Families First check, so that the AG retains, for any payment month, from the combined aid, income, and liquid resources (without application of earned income disregards) not less than 90% of the amount payable to a family of the same composition with no other income.(5) Improper Payment Error. An overpayment caused by a change that was reported timely but caused ineligibility for the month the change occurred. An improper payment error occurs when the AG was overpaid because the caretaker relative was on strike as of the last day of the month. For the purpose of this section, "caretaker relative" is defined as any natural or adoptive parent.(6) Inadvertent Client Error. A misunderstanding or unintentional failure on behalf of the A/R to provide correct information or to report changes timely and accurately.(7) Intentional Program Violation. An intentional program violation is an action by an individual for the purpose of establishing or maintaining a family's eligibility for Families First, or for increasing or preventing a decrease in the amount of the grant, which is intentionally a false or misleading statement, or a misrepresentation, concealment or withholding of facts, or any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.(8) Overpayment. Benefits received by an AG which exceed the amount of benefits they were eligible to receive.(9) Suspected Intentional Program Violation. A determination made by the agency that an overpayment has occurred because the client intentionally provided information that was possibly incorrect or misleading.(10) Underpayment. Benefits received by an AG that are less than the amount of benefits they were eligible to receive.Tenn. Comp. R. & Regs. 1240-01-52-.01
Original rule filed December 2, 1996; effective February 15, 1997.Authority: T.C.A. §§ 4-5-201 et seq. and 71-1-105; Public Chapter 950 (1996); 45 CFR 233.20; 45 CFR 233.106.