Section 218-RICR-20-00-2.25 - Overpayments to Non-Citizens2.25.1Sponsor ResponsibilityA. Any individual who sponsors a non-citizen and the non-citizen who was an adult at the time of the overpayment are jointly and severally liable for any net overpayment of aid made to the non-citizen after the individual's entry into the United States, if the overpayment resulted from the sponsor's failure to provide correct information during the determination of non-citizen sponsorship liability.B. A sponsor is a person who signs an affidavit or other statement accepted by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services as an agreement to support an individual as a condition of that individual's admission for permanent residence in the United States.C. The agency representative refers the case to the CCRU to initiate recovery against the sponsor when it is determined that the sponsor is responsible for the overpayment.2.25.2Good CauseA. When a sponsor is found to have good cause for not providing information to the agency, the sponsor is not held liable for the overpayment and recovery is not to be made from the sponsor.B. The non-citizen is still liable for the repayment and is not exempted when the sponsor has good cause.C. Good cause exists when: 1. Correct information on income or resources was given by the sponsor to the non-citizen and was misrepresented to the agency representative by the applicant.2. Correct information on income or resources was given by the sponsor and was incorrectly calculated by the agency representative.3. Information supplied to the sponsor by a third (3rd) party is incorrect, e.g., the sponsor's spouse reports incorrect information on his/her resources. D. Liability for Repayment. Overpayments for which the sponsor and the non-citizen are liable shall be repaid in accordance with procedures outlined in this section. If repayment cannot be accomplished through the methods specified, future TANF program benefits to which the non-citizen and/or the sponsor may be entitled are subject to recovery.2.25.3Recovery's Effect on EligibilityA. If through recovery the amount payable to the assistance unit is reduced to zero (0), members of the assistance unit are still considered recipients of the TANF program.B. Whenever a payment is reduced below the minimum ten dollar ($10.00) payment level due to recovery of an overpayment, the amount still due the recipient must be issued.C. In situations where there is an outstanding overpayment in a case and no regular monthly payments have been made because the amount is under the ten dollar ($10.00) minimum payment, the amount not paid cannot be used to offset the overpayment. There must be a monthly cash payment to recover an overpayment.2.25.4Methods of RecoveryA. The recovery methods specified are predicated on the existence of a net overpayment to be recovered as described below.1. Grant Reduction. The agency recovers any overpayment from current recipients, who were adults at the time of the overpayment, by grant reduction unless the agency first accepts either total or partial recovery, with any balance owed repaid through grant reduction. Any initial repayment made in a local office by the recipient must be forwarded to: DHS Financial Management
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2. The recipient is given a receipt and advised that the remainder of the overpayment will be recovered by grant reduction.3. Recovery Rate. The grant reduction recovery rate for all active cases is ten percent (10%) of the monthly standard of assistance or up to the amount of the payment if it is less than the standard of assistance.4. Direct Repayment. Former recipients and recipients who receive no payment because the deficit is less than the ten dollar ($10.00) minimum payment make repayments directly to the CCRU from their income or resources. Further discussion will be made in the procedural transmittal.5. Setoff of State Personal Income Tax Refund. Further discussion will be made in the procedural transmittal.6. Pursuant to R.I. Gen. Laws Chapter 44-30.1, DHS may recover overpayment of cash assistance benefits through setoff of the individual's State personal income tax refund.218 R.I. Code R. 218-RICR-20-00-2.25
Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023