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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-58. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES |
Section 29-5816. COLLECTION OF OVERPAYMENTS
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5816.1For purposes of this chapter, an "overpayment" shall mean a TANF payment received for the payment month which exceeds the amount for which that unit was eligible.
5816.2The District shall recover an overpayment of TANF by seeking reimbursement from:
(a)The assistance unit which was overpaid;
(b)The assistance unit of which an adult member of the overpaid assistance unit has subsequently become a member; or
(c)Any individual adult members of the overpaid assistance unit whether or not currently a recipient.
5816.3If the District seeks to recover overpayments from an individual who is no longer a recipient, or from a recipient who refuses to repay the overpayment from his or her income and resources, recovery shall be made by appropriate action, pursuant to District law, against the income or resources of the individual.
5816.4Under the District of Columbia Public Assistance Act of 1982, as amended, if through recovery the amount payable to the assistance unit is reduced to ten dollars ($ 10.00) or less, members of the assistance unit shall be considered recipients of TANF.
5816.5In cases where both an underpayment and an overpayment have been issued, the District may offset the underpayment against the overpayment in correcting the payment.
5816.6When the District has discovered an overpayment, it shall take one (1) of the following actions:
(a)Recover the overpayment;
(b)Initiate action to locate or recover the overpayment from a former recipient; or
(c)Recoup from a current recipient's grant or income/resources an amount sufficient to recover the payment, but not more than ten percent (10%) of the monthly benefit payment.
5816.7The District or its designee may elect not to attempt recovery of an overpayment from an individual no longer receiving TANF aid where the overpayment amount is less than one hundred dollars ($ 100.00).
5816.8Where the overpayment amount owed by an individual no longer receiving aid is one hundred dollars ($ 100.00) or more, the District may determine when it is no longer cost-effective to continue overpayment recovery efforts, provided it has made reasonable efforts to recover the overpayment from the individual. Reasonable efforts include notification of the amount of and reason for the overpayment and that repayment is required.