Rhode Island General Laws 40-5.2-24. Overpayment and underpayment of benefits
The department shall promptly take all necessary steps to correct any overpayment or underpayment of cash assistance paid under this chapter, and, in the case of:
(1) An overpayment to an individual who is a current recipient of cash assistance (including a recipient whose overpayment occurred during a prior period of ineligibility), recovery will be made by repayment by the individual or by reducing the amount of any future cash assistance payable to the family of which he or she is a member, except that the recovery shall not result in the reduction of cash assistance payable for any month, such that cash assistance, when added to its income, is less than ninety percent (90%) of the standard of assistance for a family/assistance unit with the same composition with no other income (and, in the case of an individual to whom no payment is made for a month solely by reason of recovery of any overpayment, the individual shall be deemed to be a recipient of cash assistance for that month);
(2) An overpayment to any individual who is no longer receiving cash assistance under the plan, recovery shall be made by appropriate action by the department under federal and state law against the income or resources of the individual, the family, or the prior assistance unit; and
(3) An underpayment, the corrective payment shall be disregarded in determining the income of the family, and shall be disregarded in determining its resources in the month the corrective payment is made and in the following month; except that no recovery need be attempted or carried out under subsection (2), other than in a case involving fraud on the part of the recipient where the cost of recovery would equal or exceed the amount of overpayment involved.
History of Section.
P.L. 2008, ch. 100, art. 16, § 1.
Terms Used In Rhode Island General Laws 40-5.2-24
- Assistance: means cash and any other benefits provided pursuant to this chapter. See Rhode Island General Laws 40-5.2-8
- Assistance unit: means the assistance-filing unit consisting of the group of persons, including the dependent child(ren), living together in a single household who must be included in the application for assistance and in the assistance payment if eligibility is established. See Rhode Island General Laws 40-5.2-8
- Department: means the department of human services. See Rhode Island General Laws 40-5.2-8
- Family: means : (i) A pregnant person from onset of pregnancy; or (ii) A child and the following eligible persons living in the same household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The child's minor siblings (whether of the whole or half blood); provided, however, that the term "family" shall not include any person receiving benefits under Title XVI of the Social Security Act, Rhode Island General Laws 40-5.2-8
- Fraud: Intentional deception resulting in injury to another.
- Recipient: means a person who has been found eligible and receives cash assistance in accordance with this chapter. See Rhode Island General Laws 40-5.2-8
- State: means the state of Rhode Island. See Rhode Island General Laws 40-5.2-8