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

If a benefit overpayment is discovered for a month or months in which a participant has already performed a work experience program (WEP) activity set forth in rule 5101:4-3-34 of the Administrative Code, the county agency shall follow claim recovery procedures specified below.

(A) If the person who performed the WEP activity is still subject to the employment and training program for food assistance purposes at the time the claim is created, the county agency shall determine how many extra hours were worked because of the improper benefit. The participant shall be credited those extra hours toward future WEP obligations and the claim is established for the entire amount of the overpayment.

(B) If the person who performed the WEP activity is not subject to the employment and training program for food assistance purposes 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) For an IPV a claim should be established for the entire amount of the overpayment.

(2) If the overpayment was caused by an IHE or AE the county agency shall determine whether the number of hours the person actually participated in the WEP activity is more than the number which could have been assigned had the proper benefit amount been used in calculating the number of hours to work.

(a) If additional hours were assigned and worked, those hours shall offset the overpayment. A claim shall be established for the amount of the overpayment minus the value of the additional hours worked. The value of the additional hours worked shall be calculated by multiplying the hours by the applicable federal minimum wage and rounding down to the nearest whole dollar.

(b) If the additional hours worked equal the amount of hours calculated by dividing the overpayment by the minimum wage, no claim will be established. No credit for future WEP requirements will be given.

(C) This process shall be followed only when an assistance group member participated in a WEP activity during the month the overpayment occurred.

Effective: 10/15/2009
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54