N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-11.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 398-11.2 - Recovery of overpayments

(a) The Office will recover any overpayments, including overpayments resulting from aid continuing provided, pursuant to Part 358 of this Title.

(b) The Office will recover overpayments for current recipients through repayment or by reducing the amount of any future SSP benefit or SSPNA by no more than 10 percent of each month's State benefit rate until the overpayment is repaid.

(c) In cases where there are multiple overpayments made to a recipient, the order of recovery will be the longest outstanding overpayment followed by the others in chronological order.

(d) If the individual is no longer an SSP recipient, the recovery shall be made by appropriate legal authority against any income and resources of the former recipient, except that the Office will discontinue recovery efforts of an overpayment from an individual who is no longer a recipient of SSP benefits or SSPNA if the amount of the overpayment is less than $125 and the overpayment was not a result of fraud on the part of the recipient of SSP benefits or SSPNA. Recovery may be reinstated if the individual is subsequently found eligible for SSP benefits or SSPNA.

(e) Recovery of an SSP overpayment will be suspended during the time period when a recipient is in receipt of SSPNA benefits only.

(f) In cases where both an underpayment and an overpayment have occurred, the Office must offset one against each other and make the appropriate adjustment.

(g) The Office may elect to discontinue recovery of the overpayment for current recipients if it is determined that the cost of recovery is greater than the cost of collection and reasonable efforts to recover the overpayment have been made, provided that the overpayment was not the result of fraud by the recipient. Reasonable efforts must include notification of the amount of the overpayment, the reason for the overpayment, and that repayment is required.

(h) All individuals who are liable for the repayment of such overpayment have the right to:

(1) appeal the determination of the overpayment as well as their liability for the overpayment;

(2) at any time, request that the repayment of the overpayment be waived, or the rate of repayment be changed, provided that the overpayment was not the result of fraud; and

(3) offer a compromise settlement to repay a substantial amount of the overpayment if the Office agrees to waive recovery of the remaining balance, provided that the overpayment was not the result of fraud.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-11.2

Adopted by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 10/1/2014.

Amended New York State Register January 13, 2021/Volume XLIII, Issue 02, eff. 1/13/2021