049-1 Wyo. Code R. § 1-6

Current through April 27, 2019

Section 1-6 - Delinquent Claims

(a) FO-DFS shall send the First Notice of Overpayment and the Second Notice of Overpayment and take no further collection actions unless requested by DFS-ORP when:

(i) the program(s) case has been terminated;

(ii) the overpayment was caused by the agency (AG) or unintentionally by the client;

(iii) the amount is less than $35 dollars;

(iv) the amount of the claim is $750 or over and the cause is documentary evidence (DE) pending the decision on prosecution;

(v) the claim is recommended for prosecution and a judgment has not been obtained; or

(vi) the location of the assistance unit is unknown and there is written confirmation of the fact.

(b) FO-DFS shall refer collection of overpayments to DFS-ORP when the assistance unit or provider has not responded to either the First or Second Notice of Overpayment and the overpayment cannot be collected through benefit reduction in AFDC, Food Stamps or LIEAP as the assistance unit is not currently eligible.

(c) EPICS will automatically mail billing notices for all programs on the system after the case is opened and/or the assistance unit fails to make a payment.

(d) FO-DFS shall mail a Past Due Payment Notice for any program overpayment when the payment received is less than the amount specified in the Installment Contract.

(e) FO-DFS shall refer the collection efforts to DFS-ORP when there is no response to the Past Due Payment Notice.

(f) When a payment is received in an amount less than specified in the Installment Contract, FO-DFS shall accept the payment and renegotiate the Installment Contract if necessary or refer the collection efforts to DFS-ORP.

(g) FO-DFS shall attempt to locate a member of the assistance unit or provider. The location efforts shall be recorded in the case file and the case referred to DFS-ORP when unable to locate.

(h) FO-DFS shall set a person alert on the Program and Person Alerts screen to allow for recovery from the benefits should the assistance unit reapply for benefits. A person alert shall be entered for each member of the assistance unit which was overpaid for all programs excluding Food Stamps, and each adult member of the Food Stamps assistance unit which was overpaid.

(i) FO-DFS shall await the results of DFS-ORP's collection efforts and enter the payments on EPICS upon receipt of a copy of the check in payment from DFS-ORP.

(j) FO-DFS shall suspend collection activities on cases when DFS-ORP notifies that the overpayment case is suspended or terminated.

(k) FO-DFS shall take the following action when notified that a judgment has been obtained on an assistance unit or provider:

(i) change the error type from "DE" to "FR" when an individual is found guilty of misrepresentation or an Intentional Program Violation;

(ii) change the plan to 20 percent for Food Stamps;

(iii) send the Notice of Disqualification or Judgment to the individual;

(iv) monitor the individual's compliance with the restitution plan or the Installment Contract; and

(v) notify DFS-ORP if the individual or provider fails to make a payment for 60 days, and/or a payment is made in an amount less than that specified in the judgment.

(l) When notified an overpayment case has been suspended or terminated, DFS-ORP shall:

(i) stop any notices from going out to the assistance unit;

(ii) set a person alert on EPICS or in the case file for each person in the overpaid assistance unit;

(iii) send all of the paperwork pertinent to the overpayment from the overpayment section of the local assistance unit's case file to DFS-ORP for storage; and

(iv) request the paperwork from DFS-ORP when one of the persons in the overpaid assistance unit reapplies for assistance.

(m) FO-DFS shall send the assistance unit's local case file(s) to DFS-ORP when all the benefit programs are closed and a recoupment case with an unpaid balance exists for one or more programs, or the three-year waiting time is about to expire which would normally mean shredding or other disposal.

049-1 Wyo. Code R. § 1-6