Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 295. Temporary Assistance for Needy Families (TANF)

22VAC40-295-120. Collection of overpayments.

A. A local department of social services shall promptly recoup or recover any overpayment from a current adult recipient of TANF including overpayments that are the result of assistance paid pending an appeal hearing decision in which the adverse action taken by the agency is upheld by the hearing authority. If it is not cost effective to attempt recovery of an overpayment, the agency may elect not to attempt recovery of an overpayment from an individual not receiving aid where the overpayment amount is less than $125. Where the overpayment amount owed by an individual no longer receiving aid is $125 or more, the agency can determine when it is no longer cost effective to continue overpayment recovery efforts, provided it has made reasonable efforts to recover the overpayment from the individual. Reasonable efforts must include notification of the amount of and reason for the overpayment and that repayment is required. Local departments of social services must also maintain information regarding uncollected overpayments to enable the agency to recover those overpayments if the individual subsequently becomes a recipient. In cases involving fraud, the agency must make every effort to recover the overpayment, regardless of the amount.

B. Repayment for overpayments shall result in the assistance unit retaining, for any payment month, from the combined aid and income, not less than 90% of the amount payable to an assistance unit of the same size with no income.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. September 1, 2004.

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