Section DCF 120.085 - Overpayments(1) MISREPRESENTATION. (a) The department shall recover an overpayment of emergency assistance from the emergency assistance group that was overpaid if the department determines that the overpayment resulted from a misrepresentation by a group member regarding any fact that had an effect on the group's eligibility for, or the amount of, the emergency assistance granted.(b) The department shall send a notice of the overpayment determination to the emergency assistance group's address as it appears on the records of the department. The notice shall include the amount and reason for the overpayment and the opportunity for a hearing under ch. 227, Stats. A request for a hearing shall be in writing and received at the address provided on the notice within 30 days after the date printed on the notice. Note: Neither s. 49.138 (4) (a) nor 49.195 (3), Stats., authorize a review by the W-2 agency.
(c) The department shall attempt to recover the overpayment by entering a repayment agreement with the emergency assistance group. If the department does not receive the group's payment on the debt by the due date 3 times over the life of the repayment agreement, the debt shall be considered delinquent.(d) If a debt is delinquent under par. (c), no appeal rights are pending, and the time for requesting a hearing has expired, the department may recover the overpayment in any of the following ways:1. Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats.2. Warrant and execution under s. 49.195 (3m), Stats., if the amount owed is more than $300.3. Any other authorized collection method.(2) ADMINISTRATIVE ERROR. (a) The department shall recover an overpayment of emergency assistance from a W-2 agency if the department determines that the overpayment is the result of an error made by the agency.(b) The department shall provide notice of the overpayment determination to the W-2 agency with notice that the department will be offsetting the overpayment amount from any payments otherwise due to the W-2 agency under s. 49.143, Stats. The notice shall be provided at least 30 days prior to the offset.(c) The W-2 agency may request a review of the overpayment determination following the dispute resolution procedures in the agency contract with the department under s. 49.143, Stats.(d) If the department's initial attempt at recovery of the overpayment under par. (b) is unsuccessful, the department may use any of the following collection methods: 1. Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats.2. Warrant and execution under s. 49.195 (3m), Stats.3. Any other legal means.(3) LIMIT ON LIABILITY. Liability for overpayments shall be limited to the following:(a) One year after the W-2 agency or the department discovers an administrative error.(b) Six years after the W-2 agency or the department discovers a client error.Wis. Admin. Code Department of Children and Families DCF 120.085
Adopted by, CR 23-073: cr. Register September 2024 No. 825, eff. 10-1-24; correction in (2) (d) 2. made under s. 35.17, Stats., Register September 30 No. 825, eff.10/1/2024