CalWORKs Policy - Department of Public Social Services

CW 44-351.3 - Balancing
Overpayments
Can an overpayment be balanced against an
underpayment?
When an AU has both an overpayment and an
underpayment, the amount (unless balancing is
prohibited by a court order), is offset one against the
other, with one exception. Overpayments cannot be
offset against any underpayment that is based on a
voluntary report of decreased income that resulted
in a supplemental payment.
CW 44-352.1 –
Overpayment
Recoupment/Calculation
of Overpayments
When is an overpayment based on excess
property assessed?
It is to be assessed based on information that the
participant was required to have reported on the
QR 7.
How are excess property overpayments
calculated?
The overpayment is to be calculated as follows:
Determine the period of time that the participant
held property exceeding the property limit.
Determine the month within the period in which
the property value, on the first day of the month,
was the highest and calculate the amount by
which the property exceeded the eligibility limit.
Calculate the total amount of aid actually paid to
the participant during the months the excess
property was held, subtracting any money,
excluding child support recoupment, received by
the county that was credited against the aid
payment for those months.
Determine whether the participant received aid in
“good faith.” The “good faith” determination is
based on a preponderance of evidence
establishing that the participant believed
him/herself to be eligible to the aid received.