Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-5 - Collection of Overpayments

Current through July 13, 2024
(a) FO-DFS shall
				take automatic benefit reduction on EPICS and require all recoupment cases
				except Food Stamp agency (AG) overpayments to be opened with a recovery plan on
				EPICS of percent (%) for the maximum benefit reduction to begin the first
				payment following either the end of the thirty (30) day notice period when the
				client fails to respond to the First Notice of Overpayment or the initial
				payment resulting from a reapplication for benefits for a previously ineligible
				assistance unit.
(b) FO-DFS/DFS-ORP
				shall require benefit reduction where allowed by program policy for programs on
				EPICS and notify DFS-ORP in writing of the date, amount, client name, and
				program.
(c) FO-DFS/DFS-ORP shall
				recover the LSC overpayments from the client's resources as the reduction of
				the patient contribution is prohibited.
(d) FO-DFS/DFS-ORP shall determine the
				assistance unit's circumstances when not currently receiving benefits regarding
				monthly income source(s) and amount(s) and monthly mandatory living expenses
				and resources before attempting any collection by requiring the assistance unit
				to complete a Financial Affidavit.
(e) An Installment Contract is required for
				all program overpayments excluding LSC unless payment is received in full prior
				to the date set for signing the Contract.
(f) FO-DFS/DFS-ORP shall use the assistance
				unit's circumstances of monthly income and mandatory living expenses from the
				case file, and the Financial Affidavit to arrive at an equitable repayment
				amount to be used in the Installment Contract for all programs excluding LSC
				cases.
(g) FO-DFS/DFS-ORP shall
				explain to the assistance unit or provider that signing the Installment
				Contract keeps the State of Wyoming from taking any legal action until the
				contract is defaulted. Signing the contract keeps the amount of any criminal or
				civil judgment from being automatically reported to consumer credit agencies
				which will affect the credit rating of the individual.
(h) FO-DFS/DFS-ORP shall negotiate the
				Installment Contract for a monthly payment for each program overpayment in an
				amount agreeable to the assistance unit or provider and in an amount not less
				than:
(i) an amount which leaves, for AFDC,
				the assistance unit with income equal to 90% of the payment level using the
				combination of the grant, income and liquid resources but not less than 10% of
				the payment level; and/or
(ii) an
				amount which will pay off each claim in three years or less but not less than
				the greater amount of $10 or 10% of the monthly benefit for all Food Stamp
				errors, excluding Intentional Program Violations (IPV); and/or
(iii) the greater amount of $10 or 20% of the
				allotment for Food Stamp Intentional Program Violations (IPV) established by a
				disqualification hearing, a court order, or a waiver of right to appear;
				and/or
(iv) an amount which leaves
				the child care assistance unit with income equal to 90% of the AFDC payment
				level; and/or
(v) an amount equal
				to 10% of the gross income for all other programs but preferably not less than
				an amount which will pay off the claim in three years.