N.J. Admin. Code § 5:49-5.3
Current through Register Vol. 56, No. 23, December 2, 2024
Section 5:49-5.3 - Recoupment of overpayments-CAA/CWA(a) "Overpayments" shall include the following:1. Households which received more than $ 750.00 in HEA benefits during any program year prior to October 1, 1982, $ 900.00 during the period between October 1, 1982 and October 1, 1999, or $ 1,400 from October 1, 1999 exclusive of emergency rehousing payments and emergency furnace repair payments during any program year thereafter shall be considered to have been overpaid.2. Households which receive benefits which are duplicative, that is, households receiving more than one full automatic and/or application energy entitlement during any program year, shall be considered to have been overpaid.3. Households which receive any amount of HEA benefits that the CWA or CAA or other non-profit agency determines to have been issued inappropriately by virtue of fraud, misrepresentation of fact or administrative error, shall be considered to have been overpaid.(b) All households determined to have been overpaid shall be required to repay the excess benefit. Upon discovery of the overpayment, the CWA or CAA or other non-profit agency shall take action in accordance with the procedures in this subsection. 1. The amount of the overpayment shall be the difference between the total HEA benefit paid to the household and $ 750.00, $ 900.00 or $ 1,400 as appropriate, or the amount determined by the CWA or CAA or other non-profit agency to have constituted the overpayment.2. Immediately upon discovery of an overpayment, the CWA or CAA or other non-profit agency shall inform the household in writing of the amount overpaid, how the overpayment was calculated and request repayment.3. If the household makes repayment, the amount recovered shall be treated in accordance with procedures established by DFD's Bureau of Business Services or DCA's fiscal office.4. If the household refuses to repay, does not respond to the repayment request or fails to make scheduled repayments it shall be advised that the amount will be recovered from any future HEA benefits to which the household may be entitled.5. The CWA or CAA or other non-profit agency shall institute action to recover the full amount of the overpayment by reducing the household's HEA entitlement in the succeeding program year.6. Recoupment of overpayments from future HEA benefits is subject to adequate notice in accordance with 5:49-5.2.N.J. Admin. Code § 5:49-5.3
As amended, R.1982 d.497, effective 12/30/1982.
See: 14 N.J.R. 1311(a), 15 N.J.R. 92(c).
Originally filed as an emergency adoption (R.1982 d.412) on November 1, 1982. Readopted as R.1982 d.497. Language added addressing increase in benefit level after October 1, 1982 and duplicative benefits.
Emergency amendment and concurrent proposal amended, R.1984 d.538, eff. and operative November 1, 1984 (expires December 31, 1984).
See: 16 N.J.R. 3217(a).
Substantially amended.
Emergency amendment readopted R.1985 d.5, effective 1/2/1985.
See: 16 N.J.R. 3217(a), 17 N.J.R. 310(a).
Amended by R.1988 d.422, effective 9/6/1988.
See: 20 N.J.R. 1060(a), 20 N.J.R. 2293(a).
(a)1 Deleted text "or" and "any program year" and added "the period between ... any program year".
Emergency amendment R.1997 d.149, effective 2/25/1997 (to expire April 26, 1997).
See: 29 N.J.R. 940(a).
Inserted reference to CAA or other non-profits throughout; in (b)3, inserted reference to DCA's fiscal office.
Adopted concurrent proposal, R.1997 d.207, effective 4/25/1997.
See: 29 N.J.R. 940(a), 29 N.J.R. 2473(a).
Amended by R.2005 d.130, effective 5/2/2005.
See: 37 N.J.R. 18(a), 37 N.J.R. 1518(b).
In (a), substituted "1999, or $ 1400 from October 1999" for "1987 or $ 900.00" preceding "exclusive of emergency" in 1, substituted "application" for "special" preceding "energy entitlement" in 2; in (b), inserted "or $ 1400" preceding "as appropriate" in 1.