10A NCAC 71W .0604      CORRECTION OF OVERPAYMENTS

(a)  If the recipient is not entitled to all or part of a check which has been issued and fraud is not suspected, the county shall take all reasonable steps to recover promptly any overpayment of thirty‑five dollars ($35.00) or more.

(b)  A county may recoup an AFDC overpayment from a recipient's AFDC check, 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 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 program regulations, the overpayment shall be recouped by state office adjustment;

(4)           if an overpayment occurs due to a state or county processing error, the overpayment shall be recouped from the recipient providing the recipient was provided proper notification of the amount of AFDC he was eligible to receive;

(5)           if an overpayment occurs due to a state office error in interpreting regulations, the overpayment shall be charged to the state.

 

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

Eff. February 1, 1984;

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