Section He-W 708.01 - Collection Action on Claims(a) In accordance with 7 CFR 273.18(e) (2) (i) , the department shall not pursue payment of an agency error (AE) claim, as described in 7 CFR 273.18(b) (3) , when the gross AE claim is less than $450.(b) Collection on court adjudicated claims shall be conducted as follows: (1) When criminal or civil proceedings are brought against an individual suspected of intentional program violation (IPV) as defined in 7 CFR 273.16, the following shall apply: a. If the court orders the individual to make restitution to the department, the court's directive on the method and schedule of repayment shall be followed; orb. If the recipient is fined and/or imprisoned and no repayment is ordered by the court, collection action shall be pursued; and(2) If criminal proceedings are brought against the individual and a verdict of not guilty is rendered, the department shall pursue collection action in the instance when a court's verdict does not relate to: a. Whether an overpayment has occurred; orb. Whether repayment to the department is required.(c) When it is determined that a collection action will prejudice the case, the department shall postpone a collection action on an inadvertent household error (IHE) claim, as described in 7 CFR 273.18(b) (2) , being referred for:(1) Possible prosecution; or(2) Administrative disqualification in accordance with 7 CFR 273.16.(d) In accordance with 7 CFR 273.18(e) (7) (i) , the department shall reduce the amount of an AE claim, pursuant to (g) below, if the AE claim cannot be repaid by the household in 3 years.(e) Pursuant to 7 CFR 273.18(e) (7) (ii) , the full amount of the claim shall be used, including any amount compromised pursuant to (g) (2) below, when offsetting benefits in accordance with 7 CFR 273.17.(f) Pursuant to (d) above and regardless of the household's current eligibility status, the household's repayment amount shall be calculated by multiplying 10 percent of the household's current monthly allotment or $10, whichever is greater, by 36 months.(g) If the household's repayment amount calculated in (f) above is: (1) Equal to or greater than the AE claim amount, the AE claim amount shall not be reduced; or(2) Less than the AE claim amount: a. The repayment amount calculated in (f) above shall become the reduced AE claim amount; andb. The difference between the repayment amount calculated in (f) above and the AE claim amount shall be the compromised amount, pursuant to 7 CFR 273.18(e) (7) (i) .(h) If a settlement cannot be reached within 30 days of the date the household requested a renegotiation of the original payment schedule, the department shall reduce the allotment amount of a currently participating household for repayment of a claim in accordance with 7 CFR 273.18(g) .(i) If overpayment on a claim occurs, the household shall be repaid within 10 calendar days of the date the overpayment was discovered, pursuant to 7 CFR 273.17.N.H. Admin. Code § He-W 708.01
(See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8388, eff 7-8-05; paragraphs (d)-(f) EXPIRED: 8-1-05; ss by #10368, eff 7-8-13
The amended version of this section by New Hampshire Register Number 41, eff. 9/28/2023 is not yet available.