S.D. Admin. R. 67:12:06:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:12:06:01 - Recovery of overpayments

The department shall recover overpayments as soon as possible through restitution by the individual or recovered through recoupment by reducing the amount of the AFDC grant. The reduced grant combined with other income and liquid resources may not be less than 90 percent of the need standard for the assistance unit.

An overpayment results when a recipient receives a larger AFDC allotment than the recipient is entitled to receive. For recovery purposes, overpayments may result when any of the following occur:

(1) The recipient fails to report a change in the household's circumstances;

(2) The recipient reports a change in the household's circumstances but the change is reported incorrectly;

(3) The department fails to react to a reported change in circumstances; or

(4) There is a change in the household's circumstances after the AFDC payment is made.

S.D. Admin. R. 67:12:06:01

SL 1975, ch 16, § 1; 1 SDR 30, effective 10/13/1974; 2 SDR 88, effective 7/1/1976; 4 SDR 10, effective 8/28/1977; 5 SDR 48, effective 12/19/1978; 5 SDR 102, effective 6/6/1979; 7 SDR 30, effective 10/5/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 95, effective 2/18/1982; 12 SDR 204, effective 7/1/1986; 15 SDR 67, effective 11/6/1988.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4, 28-7-9.

Recovery of overpayments and correction of underpayments for AFDC, 45 C.F.R. § 233.20 (a)(13).