Section 441.46.21. Definitions.

“Agency error” in overpayments means: (a) The same as circumstances described in 441—subrule 45.24(1) pertaining to underpayments, or (b) any error that is not a client or procedural error.

“Client” means a current or former applicant or recipient of the family investment program.

“Client error” means and may result from:

            1.      False or misleading statements, oral or written, regarding the client’s income, resources, or other circumstances which may affect eligibility or the amount of assistance received;

            2.      Failure to timely report changes in income, resources, or other circumstances as required by rule 441—40.27(239B);

            3.      Failure to refund to the child support recovery unit any nonexempt payment from the absent parent received after the date the decision on eligibility was made; or

            4.      Access of benefits issued via the electronic access card at a prohibited location pursuant to 441—subrule 41.25(11).

“Overpayment” means any assistance payment received in an amount greater than the amount the eligible group is entitled to receive or the amount of any payment accessed at a prohibited location pursuant to 441—subrule 41.25(11).

“Procedural error” means a technical error that does not in and of itself result in an overpayment. Procedural errors include:

            1.      Failure to secure a properly signed application at the time of initial application or reapplication.

            2.      Failure to secure a properly signed Form 470-3826 or Form 470-3826(S), Request for FIP Beyond 60 Months, as described at 441—subrule 41.30(3).

            3.      Failure of the department to conduct the interviews described in 441—subrules 40.24(2) and 40.27(1).

            4.      Failure to request a Review/Recertification Eligibility Document at the time of a semiannual or annual review.

            5.      Failure of department staff to cancel the family investment program benefits when the client submits a Review/Recertification Eligibility Document that is not complete as defined in 441—paragraph 40.27(4)“b.” However, overpayments of grants as defined above based on incomplete reports are subject to recoupment.

“Recoup” means reimburse, return, or repay an overpayment.

“Recoupment” means the repayment of an overpayment, either by a payment from the client or an amount withheld from the assistance grant or both.

[ARC 1207C, IAB 12/11/13, effective 2/1/14; ARC 2272C, IAB 12/9/15, effective 2/1/16]