classified as inadvertent household error (IHE). Adult and Family Services (AFS) Benefit
Integrity and Recovery (BIR) staff classifies a State Supplemental Payment
(SSP) or Temporary Assistance for Needy Families (TANF) overpayment as IHE when
intent to misrepresent cannot be established.
Instances of IHE that may result in an overpayment claim include, but
are not limited to, when the household:
(1) failed to provide the Oklahoma Department of Human
Services (DHS) with correct or complete information;
(2) failed to report changes in household circumstances; or
(3) elected to receive benefits pending a fair hearing
decision and the fair hearing decision found the family ineligible or eligible
for fewer benefits.
classified as agency error (AE). AFS
BIR staff classifies a SSP or TANF overpayment as an AE when DHS action or
failure to take action causes the over-issuance. Instances of AE that may result in an
overpayment include, but are not limited to, when:
(1) AFS staff failed to take prompt action on a change reported
by the household;
(2) AFS staff incorrectly calculated the household's income
or deductions, or otherwise issued an incorrect benefit amount or benefits to
an ineligible household;
(3) the computer system incorrectly applied benefits to a
household during an overall update or because of other system problems; or
(4) AFS staff incorrectly applied policy or procedures.
classified as willful misrepresentation.
AFS BIR staff classifies a SSP or TANF overpayment as willful
misrepresentation when the household deliberately conceals information that,
had the household reported the information, would have initiated case closure
or benefit reduction. Willful
misrepresentation may be verbal or written and may include under reporting 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 an
administrative disqualification hearing (ADH).
(1) When non-exempt resources are known and a debt is
classified as willful misrepresentation, but not referred to the Office of
Inspector General (OIG), DHS staff requests the client voluntarily sign Form
08OP002E, Affidavit of Acknowledgment of Indebtedness. Refusal to sign Form 08OP002E does not affect
the client's eligibility.
(2) When 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) TANF overpayments
classified as intentional program violation (IPV). A TANF debt classified
as IHE, AE, or willful misrepresentation may change to IPV following an ADH
decision, signing Form 08OP016E, Administrative Disqualification Hearing
Waiver, or by court decision.
(e) SSP overpayments
classified as fraud. A SSP debt
classified as IHE, AE, or willful misrepresentation may change to fraud only
after a judicial court decision. Refer to Oklahoma Administrative Code 340:65-9-4 for additional fraud