(a) Overpayment claim classified as inadvertent household error. An overpayment claim is classified as an inadvertent household error if the overissuance was caused by a misunderstanding or unintended error on the part of the household. Instances of inadvertent household error which may result in an overpayment claim include, but are not limited to, when the household inadvertently:
- (1) failed to provide the Oklahoma Department of Human Services (OKDHS) with correct or complete information;
- (2) failed to report changes in household circumstances; or
- (3) received benefits or more benefits than it was entitled to receive pending a fair hearing decision.
(b) Overpayment claim classified as agency error. An overpayment claim is classified as an agency error if the overissuance was caused by OKDHS action or failure to take action. Instances of agency error which may result in an overpayment include, but are not limited to, when OKDHS:
- (1) failed to take prompt action on a change reported by the household;
- (2) incorrectly computed the household's income or deductions, or otherwise assigned an incorrect allotment;
- (3) incorrectly issued benefits to a household;
- (4) incorrectly applied policy or procedure; or
- (5) failed to reduce food benefits because the household's public assistance benefits changed.
(c) Overpayment claim classified as intentional program violation. An overpayment claim is classified as an intentional program violation when it is determined that a person has intentionally given false information or withheld facts in order to receive food benefits or trafficked benefits for cash or non-food items. This determination is made through an administrative disqualification hearing, signing Form 08OP016E, Administrative Disqualification Hearing Waiver, or by a court decision. Instances of intentional program violation which may result in an overpayment claim include, but are not limited to, when a person in the household:
- (1) made a false or misleading statement, or misrepresented, concealed, or withheld facts; or
- (2) committed an act that constitutes a violation of the Supplemental Nutrition Assistance Program relative to the use, presentation, transfer, acquisition, receipt, or possession of food benefits.