10A NCAC 71W .0604     CORRECTION OF OVERPAYMENTS

(a)  If the recipient is not entitled to all or part of a payment which has been issued and fraud is not suspected, the county shall take all steps to recover any overpayment.

(b)  A county may recoup a Work First overpayment from a recipient's Work First payment, on account of an overpayment made to the recipient's spouse, parent, child, sibling, or other person, only if the recipient, at the time the overpayment occurred, was:

(1)           18 years of age or older;

(2)           living with the person; and

(3)           part of the assistance unit.

(c)  Overpayments shall be collected by the State as follows:

(1)           voluntary repayment by grant reduction or recipient refund;

(2)           involuntary repayment by grant reduction;

(3)           if an overpayment occurs due to a county error in complying with federal or State law, the overpayment shall be recouped by the State;

(4)           if an overpayment occurs due to a state or county processing error, the overpayment shall be recouped from the recipient if the recipient was provided notification of the amount of Work First they were eligible to receive; or

(5)           if an overpayment occurs due to a state error in federal or State law, the overpayment shall be charged to the State.

History Note:        Authority G.S. 108A-27; 143B‑153; 45 C.F.R. 233.20;

Eff. February 1, 1984;

Amended Eff. September 1, 1991; January 1, 1985;

Readopted Eff. October 1, 2021.