Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.430 - TANF: UNDERPAYMENTS AND OVERPAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department may recover the value of
				any TANF benefits paid to or on behalf of an assistance unit to which it was
				not entitled, regardless of whether the overpayment occurred due to an error by
				the department, a nonfraudulent action or omission by the TANF participant, or
				fraudulent action by the TANF participant.
(2) Recovery may be made from the filing unit
				which was overpaid, from any individual member of the assistance unit at the
				time when the overpayment occurred, or from any assistance unit which includes
				a person who was a member of the overpaid filing unit at the time when the
				overpayment occurred.
(3) Recovery
				of TANF cash assistance shall be made as follows:
(a) If an overpayment of benefits has
				occurred due to fraudulent action by a member of the filing unit, the sum which
				must be repaid is 125% of the amount of assistance to which the assistance unit
				was not entitled. Fraudulent action includes but is not limited to the making
				of an intentionally false statement or misrepresentation and the intentional
				withholding of information.
(b) If
				an overpayment of benefits has occurred due to department error or a
				nonfraudulent error by a member of the filing unit, the sum which may be
				recovered is 100% of the amount of assistance to which the assistance unit was
				not entitled.
(c) The department is
				entitled to recover an overpayment regardless of whether any or all of the
				members of the overpaid assistance unit are currently receiving assistance.
(i) In the case of an individual or
				assistance unit currently receiving assistance, the department may recover an
				overpayment by reducing the current cash assistance amount by 10% or $10
				whichever is higher, and retaining the sum by which the cash assistance has
				been reduced to repay the overpayment. At the department's option, recovery may
				also be made by voluntary payments by a member of the overpaid assistance unit
				or any other legal means available to collect a debt, including the use of
				offset against any monies which the state of Montana owes or may owe to a
				member of the filing unit.
(ii) In
				the case of an individual or assistance unit currently receiving assistance,
				and the overpayment is due to the receipt of continued benefits pending a fair
				hearing regarding a sanction, which was ruled in favor of the department, the
				department may recover an overpayment by reducing the current cash assistance
				amount by 25% or $25 whichever is higher, and retaining the sum by which the
				cash assistance has been reduced to repay the overpayment. At the department's
				option, recovery may also be made by voluntary payments by a member of the
				overpaid assistance unit or any other legal means available to collect a debt,
				including the use of offset against any monies which the state of Montana owes
				or may owe to a member of the filing unit.
(iii) In the case of an individual or
				assistance unit currently receiving assistance, if the household was determined
				to have committed an Intentional Program Violation (IPV) the department may
				recover an overpayment by reducing the current cash assistance amount by 20% or
				$20, whichever is higher, and retaining the sum by which the cash assistance
				has been reduced to repay the overpayment. At the department's option, recovery
				may also be made by voluntary payments by a member of the overpaid assistance
				unit or any other legal means available to collect a debt, including the use of
				offset against any monies which the state of Montana owes or may owe to a
				member of the filing unit.
(iv) In
				the case of individuals who are not currently receiving assistance, recovery
				may be made by voluntary payments by a member of the overpaid assistance unit
				or any other legal means available to collect a debt, including the use of
				offset against any monies which the state of Montana owes or may owe to a
				member of the filing unit.