Iowa Admin. Code r. 441-46.24 - [Effective 7/1/2025] Determination of overpayments
All overpayments due to agency or client error or due to assistance paid pending an appeal decision will be recouped. A procedural error alone does not result in an overpayment.
(1)
Agency error. When an
overpayment is due to an agency error, recoupment will be made, including those
instances when errors by the department prevent the requirements in 441-subrule
41.22(6) or 41.22(7) from being met or when the client receives a duplicate
grant.
a. An overpayment of any amount is
subject to recoupment with one exception: when the client receives a grant that
exceeds the amount on the most recent notice from the department, recoupment
will be made only when the amount received exceeds the amount on the notice by
$10 or more.
b. An overpayment due
to agency error will be computed as if the information had been acted upon
timely.
(2)
Assistance paid pending appeal decision. Recoupment of
overpayments resulting from assistance paid pending a decision on an appeal
hearing will begin no later than the month after the month in which the final
decision is issued.
(3)
Client error.
a. An
overpayment due to client error will be computed as if the information had been
reported and acted upon timely.
b.
Overpayments due to failure to refund payments received from the absent parent
will be the total nonexempt support payment made for members of the eligible
group at the time the support payment was received. In addition, assistance
payments made to meet the needs of the eligible group may also be subject to
recoupment under provisions in 441-subrule 41.22(6).
c. An overpayment due to a recipient's
accessing benefits via the electronic access card at a prohibited location will
be the total of the transactions and any associated fees for accessing the
benefits at the prohibited location pursuant to 441-subrule
41.25(11).
(4)
Failure to cooperate. Failure to cooperate in the
investigation of alleged overpayments will result in ineligibility for the
months in question and the overpayment will be the total amount of assistance
received during those months.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
All overpayments due to agency or
(1) Agency error. When an overpayment is due to an agency error, recoupment shall be made, including those instances when errors by the department prevent the requirements in 441-subrule 41.22(6) or 41.22(7) from being met or when the client receives a duplicate grant.
a. An overpayment of any amount is subject to recoupment with one exception: When the client receives a grant that exceeds the amount on the most recent notice from the department, recoupment shall be made only when the amount received exceeds the amount on the notice by $10 or more.
b. An overpayment due to agency error shall be computed as if the information had been acted upon timely.
(2) Assistance paid pending appeal decision. Recoupment of overpayments resulting from assistance paid pending a decision on an appeal hearing shall begin no later than the month after the month in which the final decision is issued.
(3) Client error .
a. An overpayment due to client error shall be computed as if the information had been reported and acted upon timely.
b. Overpayments due to failure to refund payments received from the absent parent shall be the total nonexempt support payment made for members of the eligible group at the time the support payment was received. In addition, assistance payments made to meet the needs of the eligible group may also be subject to recoupment under provisions in 441-subrule 41.22(6).
c. An overpayment due to a recipient's accessing benefits via the electronic access card at a prohibited location shall be the total of the transactions and any associated fees for accessing the benefits at the prohibited location pursuant to 441-subrule 41.25(11).
(4) Failure to cooperate. Failure to cooperate in the investigation of alleged overpayments shall result in ineligibility for the months in question and the overpayment shall be the total amount of assistance received during those months.
(5) Overpayment in special alien cases. Rescinded IAB 10/4/00, effective 12/1/00.
(6) Real property exempted as a resource. Rescinded IAB 6/30/99, effective 9/1/99.