Recovery from Current Participants

(1) Method of Recovery. (a) The Case Management Provider shall seek recovery of an overpayment from current and previous MRRP participants. (b) The methods of recovery shall be by: 1. recoupment, which is the recovery of an overpayment by means of a reduction in the assistance unit's grant; 2. a lump sum payment; 3. installment payments; or 4. a combination of the three. (c) If a participant refuses to pay or fails to comply with an agreement to repay through a lump sum payment or installment payments or a combination of methods, he or she shall be required to repay the remaining overpayment by recoupment. (d) The Case Management Provider shall recover overpayments only from the assistance unit that was overpaid. (2) Effect on Refugee Cash Assistance Status. If through recoupment the monthly grant amount is reduced to zero, the assistance unit shall be considered still to be receiving assistance. The amount to be used in redetermining eligibility shall be the original amount of the cash assistance, that does not include the amount of the recoupment. 3.220: continued (3) Amount of Recovery. The Case Management Provider shall recover overpayments as long as the assistance unit retains from its assistance grant and other gross income combined a monthly amount equal to 90% of the appropriate Standard of Assistance. In determining gross income, earned income shall be determined without application of the Work-related Expense Deduction, Dependent Care Deduction or $30 and a Disregard (121 CMR 2.535: Deductions from Earned Income).