Haw. Code R. § 17-799-21 - Underpayments and overpayments

(a) Underpayments shall be processed as follows:

(1) Prompt action shall be taken to correct any underpayment to a currently eligible caretaker who would have received a greater payment if an error by the department had not occurred.

(2) If a caretaker has both an overpayment and an underpayment, the overpayment and underpayment shall be offset one against the other in correcting the payment.

(b) Overpayments shall be processed as follows:

(1) Failure to provide information, as specified in sections 17-799-6, 17-799-7, 17-799-15, 17-799-16, and 17-799-17, or errors made by the department may affect the caretaker's eligibility and result in an overpayment.

(2) An overpayment made to a caretaker shall be recovered through:

(A) Repayment in cash, in full or in part, by the caretaker to the department; or

(B) A reduction of not less than ten percent in the child care payment amount payable to the caretaker in subsequent months until the entire amount of overpayment is recovered, provided the caretaker continues to receive such payments.

(3) A caretaker subject to recovery of an overpayment shall be provided adequate notice by the department including:

(A) The reasons, dates, and the amount of the alleged overpayment; and

(B) The proposed method by which the overpayment shall be recovered.

(4) Recovery of an overpayment to former recipients of child care payments shall be referred to the department's fiscal management office for collection action.

(5) If a caretaker for whom a collection action 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.

Notes

Haw. Code R. § 17-799-21

[Eff 2/09/14] (Auth: HRS §§ 346-14, 346-44, HRS § 346-181, §2) (Imp: HRS §§ 346-35, 346-44, HRS § 346-181) Comp 12/31/2017 Comp 1/12/2024