HAR §17-803.6-9
HAR §17-803.6-9. §17-803
Cite as Haw. Code R. § 17-803.6-9
6-9 Overpayment and fraud. (a) An overpayment shall be created when:
(1) The applicant fails to meet the eligibility requirements or provide information that results in an overpayment;
(2) There is an error in determining the household's eligibility for MRP benefits that results in an overpayment; or
(3) There is an error in calculating an MRP benefit amount, and the difference between the amount paid to the household and the amount the household is eligible to receive exceeds $100.
(b) A household subject to recovery of an overpayment shall be provided adequate notice by the department or department's designee including:
(1) The reasons, dates, and the amount of the alleged overpayment; and
(2) The proposed method by which the overpayment shall be recovered.
(c) The household shall repay the department in the form of a cashier's check or money order, payable to the director of finance, State of Hawaii.
(d) Repayment must be made in full or upon signing of a repayment agreement with no less than ten percent of the total overpayment amount paid monthly until the entire overpayment amount is recovered.
(e) If the household for whom a collection has been initiated fails to make a payment for any month in the calendar tax year, the department may refer debts exceeding twenty-five dollars to the comptroller of the State for tax setoff as specified in chapter 17-606, or any other appropriate action as authorized by law.
(f) Fraud, as defined in section 17-803.6-2, committed by the applicant or household shall be punishable under applicable state and federal laws. [Eff DEC 5 2025] (Auth: HRS §§91-3, 91-4, and 346-14; 42 U.S.C. §§601, et seq.) (Imp: HRS §346-14; 45 C.F.R. §260.31)
803.6-15
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