C.M.R. 10, 144, ch. 400, 1

Current through 2024-51, December 18, 2024
Chapter 1 - DEFINITIONS

The following words, phrases, and terms, unless the context suggests otherwise, have the following meanings:

Assistance unit. The person or persons whose need the department considers to determine eligibility for program benefits.

Court Order. An order, decision, judgment or other entry of a court of this State for the repayment of an overpayment.

Decision. A written decision under MRSA 3813(5), MRSA 3816(5) 22 MRSA38224) , or chapter 4, section 6 of this Manual.

Department. The Maine Department of Human Services.

Fraud, Investigation and Recovery. The Fraud Investigation Unit of the Department of Human Services, also called FIR.

Hearing officer. A person acting as presiding officer at a hearing under MRSA 3813(4), MRSA 3816(4) 22 MRSA38223) , or chapter 4, section 5 of this Manual.

BFI. The Bureau of Family Independence of the Department of Human Services.

Notice to repay. A notice of an overpayment, not recouped, repaid or otherwise recovered, sent to an obligor who no longer gets benefits from the program that issued the overpayment.

Obligor. A person who receives an overpayment, or an adult member of an assistance unit that receives an overpayment.

Overpayment. For these rules only, program benefits received by a person or assistance unit that exceed the amount of program benefits for which the person or assistance unit is eligible when the department or a court has decided that the benefits were received because of an intentional program violation, an unintentional error by the individual or household, or an error by the department. This includes any overpayment made before or after the effective date of this rule.

Pre-offset notice. The notice concerning tax refund offset described in chapter 4, section 3 of this Manual.

Proceeding. A general term that refers to an action involving a notice to repay, income withholding order, certificate of lien, or state income tax refund.

Program benefits. Money payments or food coupons issued by the department in response to an application for benefits made to Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), or the Food Stamp program.

State. The State of Maine.

C.M.R. 10, 144, ch. 400, 1