910.2 When Does an Overpayment Exist

910.21 An Overpayment Exists and the CAO Will Complete an Overpayment Referral

Situations when an overpayment exists and the CAO will complete an overpayment referral include but are not limited to the following:      

ESA 16542-135 Sanctions and SPAL Overpayments (Linked February 25, 2013)

55 Pa. Code § 255.4

NOTE: If a cash assistance recipient is found to be totally ineligible for cash assistance for a period the household was ineligible, a manual determination of MA eligibility for each individual must be completed before completing an MA overpayment.

Exception: If a LIHEAP or MA overpayment is caused by an Administrative error, it cannot be collected and will not be referred to the OSIG. LIHEAP and MA overpayments will only be referred to the OSIG if they are caused by an individual error.

55 Pa. Code § 255.4

55 Pa. Code § 255.81

55 Pa. Code § 601.144

Reminder: MA Includes Buy-In and LTC unless otherwise noted.

NOTE: If there is an LIHEAP overpayment caused by an individual error, DHS will refer the overpayment for collection to the OSIG by completing an OSIG-189 form. The CAO will keep one copy in the LIHEAP record and send all other copies to the OSIG. See Appendix A. If the person or agency that received the funds returns an uncashed check, there is no overpayment and an OSIG-189 is not required.

Example: A special allowance is issued to an individual for car repairs to obtain employment. The individual does not have the car repaired and uses the special allowance for another purpose.

Exception: An overpayment does not exist when a special allowance is issued to an individual for a service which the individual obtained, but the individual did not use the allowance to pay the service provider. (See Section 910.22).

Example: A special allowance is issued to an individual for car repairs to obtain employment. The repairs are completed; however, the individual does not use the special allowance to pay for the repairs. (See Section 910.22).

Example:  When an individual receives books to attend vocational education then stops attending half-way through the semester because she lost interest in the program, the CAO may process an overpayment for 50% of the cost of the books.

Example:  An individual received a monthly bus pass to attend a training program, but dropped out after one week, thereby, did not fulfil the requirement of the AMR.  The CAO may process an overpayment for the cost of the unused portion of the bus pass.

Exception:  An individual stops attending school due to illness, hospitalization, homelessness or similar circumstance which meets good cause or exemption criteria, the CAO would not process an overpayment.  (See Section 910.22).

NOTE: An overpayment for MA exists only if an individual received MA during a period the individual was ineligible for any category of MA except TA/TJ 65/67 for a period the individual received MA. MA overpayments are determined on an individual basis for each recipient in a household.

Exception: Beginning April 30, 2018, FPS will only be used to negate an MA overpayment if the individual was open in FPS at the time. If the individual is receiving the Family Planning Services at the time of the overpayment the FPS income limit of 215% FPIG would be used.

Example:  An individual intentionally failed to report a change in circumstances to the CAO which caused an individual receiving MA to be ineligible for any category of MA except Family Planning Services, or TA/TJ 67.

Example: Sam (age six) is a tax dependent of his father, Larry, and they are both open in MA MAGI budgets. Sam has zero income and Larry has unreported wages that exceed 215% FPIG, which makes the family ineligible for MA and FPS. At application, Larry and Sam requested MA and FPS. Even though Sam has no income, the FPS income limit would not be used for an MA overpayment determination. In this case, both Sam and Larry would be considered for an MA overpayment based on the MA MAGI income limits.

Example: Kendra (age 45), is open FPS as a single adult. At application, Kendra applied for both MA and FPS and did not report that she was married and living with her husband, James, and their child. An address match alerts the CAO of the household composition and James’ income. When determining if an FPS overpayment exists, we would use the FPS income limit of 215% FPIG for a three-person household.

 

Example: An individual receiving PH 80 benefits was subsequently determined to have been ineligible for any category of MA. The CAO must complete an overpayment for PH, as well as a manual overpayment for Buy-In payments.

NOTE:  For overpayments caused by the receipt of assigned support payments beginning the second month of assistance. (See Cash Assistance Handbook Chapter 131) There are no SNAP overpayments in these situations.

A provider causes an overpayment by:

 

 

910.22 An Overpayment Will Not Be Established or Referred

Situations when an overpayment will not be established or referred include, but are not limited to, the following:

7 CFR § 273.18(b)(3)

 

Example: An individual was determined eligible for a childcare allowance, took the children to the babysitter, but did not pay the babysitter for the service.

Exception: If there is an error in the system and a check is inadvertently sent to an individual to make payment to a child care provider who is enrolled in OIM Direct Pay and the individual fails to make payment to the provider, the CAO will make direct payment to a provider. An overpayment exists and a referral will be submitted for the payment received by the individual. (See Cash Assistance Handbook Section, 183.8 and Supplemental Handbook section 910.21).

NOTE: If an overpayment is caused by individual error, intentional or unintentional, the overpayment is not administrative and will be referred to the OSIG.

55 Pa. Code § 255.84

Example: An individual stopped attending school due to illness, hospitalization, homelessness or similar circumstance which met good cause or exemption criteria.

 

Updated February 29, 2024, replacing March 24, 2021