Section 469-3-005 - PAYMENTS FOR ASSISTANCEAged, Blind, or Disabled or State Disability Program payments may be made as follows:
005.01TO A GUARDIAN, CONSERVATOR, OR DULY EXECUTED POWER OF ATTORNEY. If an Assistance to the Aged, Blind, Disabled, or State Disability Program recipient has a guardian, conservator, or individual acting under a duly executed power of attorney, Assistance to the Aged, Blind, Disabled, or State Disability Program payments may be made to the appointed person on behalf of the recipient. Certified copies of the letter of guardianship, conservatorship, or power of attorney are filed with the local office.005.02TO A PROTECTIVE PAYEE. Protective payments may be made on behalf of a recipient who has a physical or mental impairment which causes an inability to manage Assistance to the Aged, Blind, Disabled, or State Disability Program payments.005.03ERRONEOUS STATE SUPPLEMENT PAYMENTS. Underpayments and overpayments are processed as follows: 005.03(A)UNDERPAYMENTS. If a state supplement payment is made for an amount less than the amount the recipient was entitled to receive, a correction must be made. The retroactive corrective payments may be made for the 12 months preceding the month in which the underpayment is discovered. State supplement payments made to correct an underpayment are not considered income or a resource in the month paid or the month following the month paid.005.03(B)OVERPAYMENTS. There are two types of overpayments: (i) Departmental errors caused by inaccurate budget computation or because the worker failed to take action; and(ii) Household errors caused because the recipient who failed to provide information, or the information provided was inaccurate or incomplete, resulting in an overpayment.005.03(C) All overpayments, regardless of cause, must be recouped. 005.03(C)(i)RECOUPMENT OF OVERPAYMENTS. If a state supplement payment was made for an amount greater than the amount the recipient was entitled to receive, the overpayment is recouped by: (1) Reducing the current state supplement payments by at least ten percent; or,(2) If the recipient is no longer eligible for a grant, the individual may make arrangements to repay it on their own.005.03(C)(ii) Recoupment is limited to the amount of overpayment which occurred in the 12 months preceding the month in which the overpayment was discovered.469 Neb. Admin. Code, ch. 3, § 005
Amended effective 6/6/2022