117-14        OVERPAYMENT CLAIMS FOLLOWING FAIR HEARING DECISION

If the fair hearing decision upholds the agency's action and continued benefits are received, the agency must redetermine the client's eligibility for each month continued benefits were issued, and submit an overpayment claim for any overissuance. Refer to Chapter 111 for procedures on establishing overpayment claims.

The amount of overpayment claim is calculated individually for each month.

Example:

A Temporary Assistance case closed effective August 31, because the PIPrimary Information Person had an increase in pay and the household's income exceeded the limit. The client requested a fair hearing and benefits were continued. While waiting for the fair hearing decision, the PIPrimary Information Person lost her job for circumstances out of her control, and the household was once again eligible for Temporary Assistance effective October 1. The hearing decision upholds the agency's adverse action. The overpayment claim will include only the benefits issued for September since this is the only month the client was ineligible due to excess income. The case remains open and the PIPrimary Information Person does not need to complete a new application.