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OKDHS Home > Library > Policy > OAC 340 > Chapter 65. Public Assistance Procedures > 9. Overpayments and Fraud in Temporary Assistance for Needy Families and State Supplemental Payment Benefits > 2. Overpayments by classification
340:65-9-2. Overpayments by classification
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Revised 6-1-11

 

(a) Overpayments classified as inadvertent household error (IHE).  An overpayment is classified as an IHE if the overissuance is caused by a misunderstanding or unintended error on the part of the household.  Instances of IHE which may result in an overpayment include, but are not limited to, when the household unintentionally:

  • (1) fails to provide the Oklahoma Department of Human Services (OKDHS) with correct or complete information;
  • (2) fails to report changes in household circumstances; or
  • (3) receives benefits or more benefits than it was entitled to receive pending a fair hearing decision.

(b) Overpayments classified as agency error (AE).  An overpayment is classified as an AE if the overissuance is caused by OKDHS action or failure to take action.  Instances of AE which may result in an overpayment include, but are not limited to, when OKDHS staff:

  • (1) fails to take prompt action on a change reported by the household;
  • (2) incorrectly computes the household's income or deductions, or otherwise assigns an incorrect benefit amount;
  • (3) incorrectly issues benefits to a household, including errors caused by overall updates or other system problems; or
  • (4) incorrectly applies policy or procedures.

(c) Overpayments classified as willful misrepresentation.  Overpayments classified as willful misrepresentation result from deliberate concealment of information which, had it been reported, would have initiated case closure or benefit reduction.  Willful misrepresentation may be oral or written and may include under reporting of the amount of income or resources or other pertinent information.  Debts classified as willful misrepresentation may change in the event they are referred for judicial prosecution or administrative disqualification hearing.

  • (1) When the human services center (HSC) receives the Notification of Overpayment, on debts classified as willful misrepresentation, but not referred to the Office of Inspector General (OIG), the worker contacts the client and requests the client to voluntarily sign Form 08OP002E, Affidavit of Acknowledgment of Indebtedness.  If the client refuses to sign Form 08OP002E, his or her eligibility is not affected.
  • (2) If the client voluntarily signs Form 08OP002E and owns real property other than the declared home property, the worker files the signed form with the county clerk of the county in which the real property is located.  Filing Form 08OP002E with the county clerk places a lien on the real property.  • 1

(d) Overpayments classified as intentional program violation or fraud.   An overpayment is classified as intentional program violation or fraud when it is determined that a client has intentionally given false information or withheld facts in order to receive benefits.  This determination is made by the Office of the Inspector General (OIG) through an administrative disqualification hearing (ADH), signing Form 08OP016E, Administrative Disqualification Hearing Waiver or Form 19MP002E, Disqualification Consent Agreement, or by judicial court decision.

 

 

INSTRUCTIONS TO STAFF 340:65-9-2

 

Revised 6-1-11

 

1.  (a) Before filing Form 08OP002E, Affidavit of Acknowledgment of Indebtedness with the county clerk's office, the worker checks the legal description of the property to ensure it conforms with the property deed.  After filing, the worker sends the original and one copy of the signed Form 08OP002E to the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section (BIRS).  The remaining copies are filed in the case record.

(b) Refer also to OAC 340:65-9-4 and Instructions to Staff.

(c) When the debt is paid in full, the FSSD BIRS or the Legal Division prepares a "Release of State's Lien" and mails it to the appropriate county clerk for filing.  The FSSD BIRS mails a copy of the release of lien to the client or other concerned party.

 
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Last Updated:  5/31/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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