Ariz. Admin. Code § 6-14-301

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-14-301 - Purpose and Definitions

A. The Department establishes and collects claims under 7 CFR 273.18, Claims against households. This Article clarifies the Department's policies and procedures as permitted in federal regulation.

B. The definitions in section R6-14-111 and the following definitions apply to this Article:

1. "Agency error" or "AE claim" means any claim for an overpayment caused by an action or failure to take action by the Department.

2. "Claim" means the amount of a federal debt owed because Nutrition Assistance benefits were overpaid or benefits were trafficked.

3. "Household" means one of the following individuals or groups of individuals, unless otherwise specified under 7 CFR 273.1(b):

a. Except as contained in (b):

i. An individual living alone;

ii. An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; or

iii. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

b. Specific to the Claim Compromise process in R6-14-308, the following persons who are residing together:

i. Adults who were members of the Nutrition Assistance household for which the claim was established, and who were adults at the time the claim was established, and

ii. Minor children for whom adult household members are responsible.

4. "Inadvertent household error" or "IHE claim" means any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the Nutrition Assistance household. This includes instances when the household received more benefits than it was entitled to receive because the household requested a continuation of benefits, pending a fair hearing decision.

5. "Intentional Program Violation" or "IPV claim" means any claim for an overpayment resulting from an individual committing and intending to commit, an IPV under 7 CFR 273.16.

6. "Trafficking claim" means any claim for the value of benefits that are trafficked, under 7 CFR 273.18. Trafficking is defined under 7 CFR 271.2.

Ariz. Admin. Code § R6-14-301

R6-14-301 recodified from A.A.C. R6-3-2101 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.