Chapter 5101:1-25 Aid Payments

5101:1-25-22 Correction of ADC underpayments.

(A) All underpayments shall be corrected regardless of the date, reason, or cause of the underpayment.

(B) All underpayments occurring after July 1, 1983 shall be corrected, and all underpayments occurring before July 1, 1983 but identified after that date shall also be corrected.

(C) An underpayment may occur because of any change in an assistance group's situation which increases the level of assistance for which he is eligible.

(D) An underpayment is caused by an error on the part of the assistance group or an error on the part of the CDHS. Underpayments and overpayments generally have the same causes. These causes are given in rule 5101:1-25-32 of the Administrative Code.

(E) When an assistance group is eligible for assistance on the first day of the month, as a general rule the assistance group is eligible for assistance for the entire month. A change in circumstances during the month may affect the level of assistance for which the assistance group is eligible that same month.

When a change in circumstances increases the level of assistance for which the assistance group is eligible, the eligibility determiner shall proceed to increase the grant. The budget adjustment must be effective the first day of the month following the month in which the change occurred. An underpayment exists from the date of the assistance group's change in circumstances until the grant is increased. An auxiliary payment shall be issued to correct the underpayment.

(F) In accordance with rule 5101:1-1-13 of the Administrative Code, the CDHS must retain the case record on any assistance unit which has an outstanding underpayment or is the subject of an underpayment claim.

Eff 7-1-83; 4-1-86; 5-1-91
Rule promulgated under: RC 111.15
Rule authorized by: RC 5107.02 , 5107.04