10A NCAC 71W .0604 CORRECTION OF OVERPAYMENTS
(a) If the recipient is not entitled to all or part of a check which has been issued and fraud is not suspected, the county shall take all reasonable steps to recover promptly any overpayment of thirty‑five dollars ($35.00) or more.
(b) A county may recoup an AFDC overpayment from a recipient's AFDC check, on account of an overpayment made to the recipient's spouse, parent, child, sibling, or other person, only if the recipient, at the time the overpayment occurred, was:
(1) 18 years of age or older,
(2) living with the person, and
(3) part of the assistance unit.
(c) Overpayments shall be collected as follows:
(1) voluntary repayment by grant reduction or recipient refund;
(2) involuntary repayment by grant reduction;
(3) if an overpayment occurs due to a county error in complying with program regulations, the overpayment shall be recouped by state office adjustment;
(4) if an overpayment occurs due to a state or county processing error, the overpayment shall be recouped from the recipient providing the recipient was provided proper notification of the amount of AFDC he was eligible to receive;
(5) if an overpayment occurs due to a state office error in interpreting regulations, the overpayment shall be charged to the state.
History Note: Authority G.S. 143B‑153; 45 C.F.R. 233.20;
Eff. February 1, 1984;
Amended Eff. September 1, 1991; January 1, 1985.