Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 1 - Benefit Recovery › Chapter 1 - General Overview › Rule 18-1-1.3 - Definitions

Current through June 25, 2024
Accused:
This field is used to
				  identify the person or persons accused of Suspected Intentional Program
				  Violation (SIPV) and who may be found guilty of Intentional Program Violation
				  (IPV). This should be the person that you feel deliberately failed to give
				  correct or timely information in order to receive benefits that they were not
				  entitled to receive.
Agency:
Also known as the
				  Mississippi Department of Human Services
Agency Error (AE):
Any benefit error
				  not attributed to a client's failure to timely report changes or give correct
				  information.
Bankruptcy:
A legal procedure for
				  dealing with debt problems of individuals and businesses.
Bankruptcy Code:
The informal name
				  for The United States Bankruptcy Code.
Benefit Error:
An over or under
				  payment in a monthly benefit to which the recipient was not entitled.
Benefit Recovery:
The process of
				  identifying, validating, releasing, scheduling, and recovering
				  overpayments.
Collections:
The attempt to collect
				  a debt as a result of an improper receipt of payment from a MDHS public
				  assistance programs.
Creditor:
One to whom the debtor
				  owes money or who claims to be owed money by the debtor.
Debt:
An amount of money that is
				  owed to the agency.
Debtor:
An individual who owes a
				  debt to the agency.
DECCD:
Division of Early Childhood
				  Care and Development
Delinquent Debt:
An overpayment
				  where a payment has not been posted within a month of the establishment date or
				  within a month of the last payment date. Payments must be received and posted
				  monthly.
Discharge:
A release of a debtor
				  from personal liability for certain dischargeable debts set forth in the
				  Bankruptcy Code. (A discharge releases a debtor from personal liability for
				  certain debts known as dischargeable debts and prevents the creditors owed
				  those debts from taking any action against the debtor to collect the debts. The
				  discharge also prohibits creditors from communicating with the debtor regarding
				  the debt, including telephone calls, letters, and personal contact.)
FNS:
Food and Nutrition
				  Services
Fraud:
The commission of an
				  intentional program violation.
Improper Payment:
An incorrect
				  payment made to a provider on behalf of a parent or guardian for Child Care and
				  Development Fund (CCDF) subsidy at the time the payment was made. The error may
				  have been due to Agency Error (AE), Unintentional Program Violation (UPV), or
				  Intentional Program Violation (IPV).
Inadvertent Household Error (IHE):
Any benefit error due to the client's unintentional failure to report error
				  changes; or the result of a fair hearing request where benefits are continued
				  pending the outcome of the hearing.
Intentional Program Violation (IPV):
An intentional act by the parental authority or a childcare provider to
				  misrepresent or mislead by providing false documentation or verification or
				  intentionally omitting documentation or verification to wrongfully obtain
				  eligibility for services or payment, which is proven by clear and convincing
				  evidence.
Legally Enforceable:
A debt that has
				  a final agency determination that the debt in the amount stated, is due, and
				  there are no legal bars to collection action such as a bankruptcy stay.
Liable Adults:
Head of Household and
				  all other members of the household who were 18 years and over at the time the
				  overpayment or trafficking occurred.
Lien:
The right to take and hold or
				  sell the property of a debtor as security or payment for a debt or duty.
Offset:
The act of causing funds
				  otherwise due to the client to be used to pay a debt to the State.
Overpayment:
Benefits received in
				  excess of entitlement and the product of validating and releasing benefit
				  errors.
Primary Party:
Person responsible
				  for the overpayment
Recoupment:
The act of recovering a
				  debt.
Repayment Agreement:
A legal
				  agreement established between the Benefit Recovery Unit and the client for the
				  repayment of debt owed to MDHS.
Restitution:
Restoring the funds
				  that were taken outside of recoupments.
SNAP:
Supplemental Nutrition
				  Assistance Program.
State Review:
A review requested by
				  the debtor to verify the claim meets the criteria for referral to Treasury
				  Offset Program conducted by Mississippi Department of Human Services.
Subgrantees:
The legal entity to
				  which a subgrant has been awarded.
Subgrant:
An award of financial
				  assistance in the form of money.
Suspected Intentional Program Violation
				  (SIPV):
occurs when the client intentionally falsified,
				  misrepresented, or withheld information that would have caused ineligibility or
				  reduced benefits.
TANF:
Temporary Assistance for Needy
				  Families
TOP (Treasury Offset Program):
Federal computer program used to assist in recovery of delinquent debts through
				  federal benefits, including but not limited to tax refunds, federal salaries,
				  and retirement.
Trafficking:
The act of selling or
				  otherwise trading Supplemental Nutrition Assistance Program benefits for
				  profit.
Unintentional Program Violation
				  (UPV):
An improper payment made on behalf of a parent/guardian to
				  a childcare provider, due to a misunderstanding of policy or an unintended
				  error on the part of the parent or childcare provider.