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DPSS ePolicy

CAPI

49-072 Overpayments for Cash Assistance Program for Immigrants

Release Date
02/08/2021

Section Heading

Purpose

To convert existing policy to new writing style only - No concept changes


Policy

An overpayment is a payment of more than the allotted benefit amount due to a participant for any period. This includes Cash Assistance Program for Immigrants (CAPI) payments made during a period for which an individual is later determined eligible for Supplemental Security Income/State Supplementary Payment (SSI/SSP) and for which the state or county does not receive federal reimbursement. 

Note: Payments made based on presumptive disability or blindness are not considered overpayments when an individual is finally determined to be disabled or blind.

CAPI overpayments can be recovered through a refund made by the participant or through an adjustment of the CAPI monthly benefit amount. A CAPI participant can request a waiver of recovery of overpayment or a waiver of the adjustment to the monthly benefit amount. The request for a waiver may be granted when: 

  • The overpaid individual was without fault in connection with an overpayment; and

  • Adjustment/recovery of such payment would either:

    1. Defeat the purpose of CAPI/Social Security Act Title XVI;

      Note: “Defeat the purpose of CAPI” is deemed to be met by any overpaid person who continues to receive CAPI or SSI/SSP and does not have earned income in excess of $65 per month. Recovery will not defeat the purpose when the overpaid individual has any of the incorrectly paid checks, or identifiable proceeds from those checks, in their possession.

    2. Be against equity and good conscience; or

    3. Impede efficient or effective administration of Title XVI due to the small amount involved.

Background

The federal laws governing SSI/SSP overpayments must also govern CAPI overpayments. Specifically, the federal overpayment provisions that allow for a waiver of SSI overpayment recovery will also apply to CAPI overpayments. 


Definitions

Terms and Descriptions


Administrative Finality 

The concept that determinations of eligibility to receive payments and payment amounts become final and binding on both parties immediately, unless they are timely appealed or later reopened and revised for special reasons.


Be Against Equity and Good Conscience

If an individual changes their position for the worse or relinquishes a valuable right because of reliance upon a notice that payment would be made or because of the incorrect payment itself.


Fraud

Exists when any person knowingly, willfully, and with intent to defraud, makes or causes a false statement to be made, or conceals or misrepresents a fact – either of which is material to eligibility or payment amount. The person need not be the participant or anyone who is either related to or acting on behalf of the participant.


Netting

The computation process used to balance overpayments against underpayments for the period under review.


Payment Adjustment

The person’s grant will be reduced by the repayment amount to recover the overpayment.


Similar Fault

Exists when any person knowingly makes (or causes to be made) an incorrect or incomplete statement or knowingly conceals information that is material to eligibility or payment amount, but intent to defraud is not required. The person does not need to be the participant or anyone who is either related to or acting on behalf of the participant.


Underpayment

Payment of less than the benefit amount allotted to a participant for any period.


Waiver (of Adjustment/Recovery)

Relief from the obligation of the overpaid person and eligible spouse (and the person’s estate after their death) to repay the amount of the overpayment covered by the waiver.


Without Fault

The absence of fault in connection with causing or accepting the overpayment. The overpaid individual is not without fault solely because the county or the state may have been at fault in causing the overpayment.


Requirements

N/A


Verification Docs

N/A


Attachments

Index

Glossary

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