Section 1240-01-52-.06 - ESTABLISHING THE PERIOD AND AMOUNT OF THE OVERPAYMENT(1) The policies and need/payment standards that were in effect during the time the overpayment occurred must be used to establish the period and amount of the overpayment. An overpayment can be established for any prior period if the circumstances and overpayment can be determined.(2) The amount of the gross overpayment is the difference between all IV-A benefits the assistance group received and the benefits they were entitled to receive. The net overpayment is determined by reducing the gross overpayment by any IV-D reimbursements of the grant.(3) Overpayment Determinations. Overpayments/ineligibility begin the month a change could have been effected if timely reported by the client or if the case action had been completed timely by the Department.(4) Earned Income Penalty. When the individual responsible for causing the overpayment has earned income, the earned income disregards are not allowed when calculating the amount of the overpayment.Tenn. Comp. R. & Regs. 1240-01-52-.06
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.