5101:4-3-34.1 Food assistance: work experience program overpayments.

When an overissuance of food assistance benefits is discovered during a month(s) for individuals who have already completed a work experience program (WEP) activity, as described in rule 5101:4-3-34 of the Administrative Code, the county agency shall follow the claim recovery procedures specified in this rule.

(A) What is the claim recovery procedure for an individual who performed the WEP activity and is still subject to a WEP assignment at the time the claim is created?

(1) The county agency shall determine how many extra hours the individual worked as a result of the improper benefit issuance. The individual shall be credited the extra hours worked toward future WEP obligations.

(2) The county agency shall establish a claim for the entire amount of the overissuance.

(B) What is the claim recovery procedure for an individual who performed the WEP activity and is no longer subject to a WEP assignment at the time the claim is created?

The county agency shall determine whether the overpayment was the result of an intentional program violation (IPV), inadvertent household error (IHE), or administrative error (AE), as defined in rule 5101:4-8-15 of the Administrative Code.

(1) When the overissuance was caused by an IPV, a claim shall be established for the entire amount.

(2) When the overissuance was caused by an IHE or AE, the county agency shall determine whether the number of hours the individual actually participated in the WEP activity was more than the number that could have been assigned had the proper benefit amount been used in calculating the number of hours to work. The county agency shall establish a claim for the amount of the overissuance not worked. When the hours worked equal the amount of hours calculated by dividing the overissuance by the minimum wage, then no claim will be established. No credit for future work requirements will be given.

Replaces: 5101:4-3- 34.1

Effective: 8/1/2015
Five Year Review (FYR) Dates: 08/01/2020
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54
Prior Effective Dates: 10/15/09