Correction of Overpayments and Underpayments

(1) Identification and Correction. The Case Management Provider has the responsibility to identify and to correct overpayments and underpayments of cash assistance. If both an underpayment and an overpayment exist, the Case Management Provider may offset one against the other before correcting the payment if the existence and amount of both the underpayment and the overpayment can be promptly determined. Otherwise, the Case Management Provider shall proceed to correct the underpayment and overpayment independently. (2) Underpayments. Upon notification by a Case Management Provider, ORI shall promptly correct underpayments. The Case Management Provider shall explain in writing to the participant the amount and cause of the underpayment and advise the participant of the right to request a fair hearing if he or she disputes the amount. Retroactive corrections of underpayments are not income for purposes of determining eligibility and amount of assistance. A refugee may request the correction of an underpayment, appeal the denial or failure to act on such request and appeal the amount determined to have been underpaid. (3) Overpayments. All overpayments are subject to recovery. The Case Management Provider shall give the participant an opportunity for a conference in which the Case Management Provider shall give the reason(s) for the overpayment, describe the factual basis for the existence and amount of the overpayment, and explain, when appropriate, the methods of repayment available to the participant. The participant may furnish information concerning the amount of the overpayment. The Case Management Provider shall give the participant timely notice (121 CMR 2.660: Notice), unless waived in writing by the refugee, before acting to recoup an overpayment.