Okla. Admin. Code § 340:50-15-4

Current through Vol. 42, No. 7, December 16, 2024

Section 340:50-15-4 - Overpayments by classification

(a)Overpayment claim classified as inadvertent household error. Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) staff classifies an overpayment claim as an inadvertent household error when the Supplemental Nutrition Assistance Program (SNAP) food benefit over-issuance was caused by a misunderstanding or unintended error on the part of the household. Instances of inadvertent household error that may result in an established overpayment claim include, but are not limited to, when the household inadvertently:

(1) failed to provide the Oklahoma Department of Human Services (DHS) with correct or complete information;

(2) failed to report changes in household circumstances per Oklahoma Administrative Code (OAC) 340:50-9-5; or

(3) received benefits or more benefits than it was entitled to receive pending a fair hearing decision.

(b)Overpayment claim classified as agency error. AFS BIR staff classifies an overpayment claim as an agency error when the DHS action or failure to take action caused the over-issuance. Instances of agency errors that may result in an overpayment include, but are not limited to, when:

(1) AFS staff:

(A) failed to take prompt action on a change reported by the household that resulted in an over-issuance;

(B) incorrectly computed the household's income or deductions, or otherwise issued an excess benefit allotment;

(C) incorrectly issued or renewed food benefits to an ineligible household;

(D) incorrectly applied policy or procedure that resulted in an over-issuance or issuing benefits to an ineligible household; or

(E) failed to reduce food benefits because the household's public assistance benefits changed; or

(2) the computer system incorrectly issued benefits to a household.

(c)Overpayment claim classified as intentional program violation. An overpayment claim is classified as an intentional program violation when it is determined that a person intentionally gave false information or withheld facts in order to receive food benefits or trafficked benefits for cash or non-food items.

(1) An intentional program violation is determined through:

(A) an administrative disqualification hearing conducted by DHS Legal Services Appeals Unit staff;

(B) the accused person signing Form 08OP016E, Administrative Disqualification Hearing Waiver; or

(C) a court decision. When the court decision is a deferment, the prosecutor asks the accused person to sign Form 19MP002E, Disqualification Consent Agreement.

(2) Instances of intentional program violation that may result in an overpayment claim include, but are not limited to, when an adult household member:

(A) made a false or misleading statement, or misrepresented, concealed, or withheld facts; or

(B) committed an act that constitutes a violation of the Supplemental Nutrition Assistance Program, relative to the use, presentation, transfer, acquisition, receipt, or possession of food benefits.

Okla. Admin. Code § 340:50-15-4

Amended at 8 Ok Reg 3463, eff 7-31-91 (emergency); Amended at 9 Ok Reg 3945, eff 6-10-92 (preemptive); Amended at 9 Ok Reg 2473, eff 6-25-92; Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 19 Ok Reg 395, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1119, eff 5-13-02; Amended at 25 Ok Reg 1329, eff 6-1-08; Amended at 26 Ok Reg 840, eff 6-1-09

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017