§ 40-5.2-24 Overpayment and underpaymentof benefits. – The department shall promptly take all necessary steps to correct anyoverpayment or underpayment of cash assistance paid under this chapter, and, inthe case of:
(1) An overpayment to an individual who is a currentrecipient of such cash assistance (including a recipient whose overpaymentoccurred during a prior period of ineligibility) recovery will be made byrepayment by the individual or by reducing the amount of any future cashassistance payable to the family of which he or she is a member, except thatsuch recovery shall not result in the reduction of cash assistance payable forany month, such that cash assistance, when added to its income is less thanninety percent (90%) of the standard of assistance for a family/assistance unitwith the same composition with no other income (and, in the case of anindividual to whom no payment is made for a month solely by reason of recoveryof any overpayment, such individual shall be deemed to be a recipient of cashassistance for such month);
(2) An overpayment to any individual who is no longerreceiving cash assistance under the plan, recovery shall be made by appropriateaction by the department under federal and state law against the income orresources of the individual, the family or the prior assistance unit; and
(3) An underpayment, the corrective payment shall bedisregarded in determining the income of the family, and shall be disregardedin determining its resources in the month the corrective payment is made and inthe following month; except that no recovery need be attempted or carried outunder subdivision (2) of this section, other than in a case involving fraud onthe part of the recipient where the cost of recovery would equal or exceed theamount of overpayment involved.
§ 40-5.2-24 Overpayment and underpaymentof benefits. – The department shall promptly take all necessary steps to correct anyoverpayment or underpayment of cash assistance paid under this chapter, and, inthe case of:
(1) An overpayment to an individual who is a currentrecipient of such cash assistance (including a recipient whose overpaymentoccurred during a prior period of ineligibility) recovery will be made byrepayment by the individual or by reducing the amount of any future cashassistance payable to the family of which he or she is a member, except thatsuch recovery shall not result in the reduction of cash assistance payable forany month, such that cash assistance, when added to its income is less thanninety percent (90%) of the standard of assistance for a family/assistance unitwith the same composition with no other income (and, in the case of anindividual to whom no payment is made for a month solely by reason of recoveryof any overpayment, such individual shall be deemed to be a recipient of cashassistance for such month);
(2) An overpayment to any individual who is no longerreceiving cash assistance under the plan, recovery shall be made by appropriateaction by the department under federal and state law against the income orresources of the individual, the family or the prior assistance unit; and
(3) An underpayment, the corrective payment shall bedisregarded in determining the income of the family, and shall be disregardedin determining its resources in the month the corrective payment is made and inthe following month; except that no recovery need be attempted or carried outunder subdivision (2) of this section, other than in a case involving fraud onthe part of the recipient where the cost of recovery would equal or exceed theamount of overpayment involved.
§ 40-5.2-24 Overpayment and underpaymentof benefits. – The department shall promptly take all necessary steps to correct anyoverpayment or underpayment of cash assistance paid under this chapter, and, inthe case of:
(1) An overpayment to an individual who is a currentrecipient of such cash assistance (including a recipient whose overpaymentoccurred during a prior period of ineligibility) recovery will be made byrepayment by the individual or by reducing the amount of any future cashassistance payable to the family of which he or she is a member, except thatsuch recovery shall not result in the reduction of cash assistance payable forany month, such that cash assistance, when added to its income is less thanninety percent (90%) of the standard of assistance for a family/assistance unitwith the same composition with no other income (and, in the case of anindividual to whom no payment is made for a month solely by reason of recoveryof any overpayment, such individual shall be deemed to be a recipient of cashassistance for such month);
(2) An overpayment to any individual who is no longerreceiving cash assistance under the plan, recovery shall be made by appropriateaction by the department under federal and state law against the income orresources of the individual, the family or the prior assistance unit; and
(3) An underpayment, the corrective payment shall bedisregarded in determining the income of the family, and shall be disregardedin determining its resources in the month the corrective payment is made and inthe following month; except that no recovery need be attempted or carried outunder subdivision (2) of this section, other than in a case involving fraud onthe part of the recipient where the cost of recovery would equal or exceed theamount of overpayment involved.
