Recovery of Overpayments

(A) The Department shall act promptly to recover all overpayments from current and former clients. (B) When recovering SSP overpayments, the Department shall follow the procedures and rules contained in 106 CMR 706.250 through 706.296 regarding recovery of cash assistance overpayments with the following exceptions: (1) If through recoupment the monthly grant amount would be reduced to zero, the client shall still be considered receiving benefits and the case shall remain active. (2) For overpayments that are caused by Department error or unintentional client error, the amount recovered on a monthly basis shall be equal to 10% of the appropriate SSP monthly payment amount or $10, whichever is greater. However, upon agreement with the client, the recovery amount can be greater. (3) For overpayments that are intentional client error, or misrepresentation or withholding of information, the amount recovered on a monthly basis shall be equal to 20% of the appropriate SSP monthly payment amount or $20, whichever is greater. However, upon agreement with the client, the recovery amount can be greater. (PAGES 619 AND 620 ARE RESERVED FOR FUTURE USE.)