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CalWORKs Policy - Department of Public Social Services

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CW 44-350.2 -<br />

Overpayment Types<br />

What are the overpayment types and how much<br />

can be recovered?<br />

LEADER will determine the following:<br />

Client/Household Error<br />

An overpayment caused by the participant when<br />

he/she fails to report a change in income and/or a<br />

change in the AU. When this happens the grant is<br />

reduced by 10% <strong>of</strong> the MAP amount for the AU.<br />

Agency Error<br />

An overpayment caused by the county or non-fraud.<br />

When this happens the grant is reduced by 5% <strong>of</strong><br />

the MAP amount for the AU.<br />

See Benefit Recovery – Definitions for LEADER<br />

procedures.<br />

CW 44-350.5<br />

Overpayments Due to<br />

the Inability to Provide<br />

10-day Notice<br />

CW 44-350.6 - Non-<br />

Assessment <strong>of</strong> an<br />

Overpayment<br />

CW 44-351.2 - Voluntary<br />

Grant Offset<br />

Can an overpayment be established without 10-<br />

day notice?<br />

No, an overpayment should be established when<br />

the AU receives more cash aid than it was entitled<br />

to receive due to the inability to provide 10-day<br />

notice <strong>of</strong> an adverse action following the receipt <strong>of</strong> a<br />

mandatory report, including the QR 7.<br />

When will an overpayment not be assessed?<br />

An overpayment will not be assessed based on any<br />

differences between the amount <strong>of</strong> income that was<br />

reasonably anticipated the participant would receive<br />

during the QR Payment Quarter and the income the<br />

participant actually received during that period,<br />

provided the participant reports were complete and<br />

accurate.<br />

Can the applicant/participant request to have<br />

his/her grant reduced by more than 5% or 10%?<br />

A voluntary cash adjustment/repayment (Vol Offset)<br />

in excess <strong>of</strong> the 5% or 10% <strong>of</strong> MAP is allowed upon<br />

the applicant’s/participant’s written request via the<br />

PA 853 (out <strong>of</strong> drawer), Affidavit. The EW must<br />

clearly explain to the participant that a higher<br />

repayment amount is voluntary. The participant is<br />

not required to make a voluntary payment and<br />

he/she may choose to have the grant adjusted<br />

based on the appropriate amount (5% or 10%).<br />

See Benefit Recovery – Definitions for LEADER<br />

procedures.

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