Subdivision 1. Obligation to recover. If an amount of MFIP assistance is paid to a recipient in excess of the payment due, it shall be recoverable by the county agency. This recovery authority also extends to preexisting claims or newly discovered claims established under the AFDC program in effect on January 1, 1997. The agency shall give written notice to the recipient of its intention to recover the overpayment. County agency efforts and financial contributions shall be maintained at the level in place during fiscal year 1996.
Subd. 2. Recoupment. When an overpayment occurs, the county agency shall recover the overpayment from a current recipient by reducing the amount of aid payable to the assistance unit of which the recipient is a member for one or more monthly assistance payments until the overpayment is repaid. All county agencies in the state shall reduce the assistance payment by three percent of the assistance unit's standard of need in nonfraud cases and ten percent where fraud has occurred. For recipients receiving benefits via electronic benefits transfer, if the overpayment is a result of an automated teller machine (ATM) dispensing funds in error to the recipient, the agency may recover the ATM error by immediately withdrawing funds from the recipient's electronic benefit transfer account, up to the amount of the error. In cases where there is both an overpayment and underpayment, the county agency shall offset one against the other in correcting the payment.
Subd. 3. Voluntary repayments. Overpayments may also be voluntarily repaid, in part or in full, by the individual, in addition to the aid reductions in subdivision 2, to include further voluntary reductions in the grant level agreed to in writing by the individual, until the total amount of the overpayment is repaid.
Subd. 4. Closed case recoveries. The county agency shall make reasonable efforts to recover overpayments to persons no longer on assistance according to standards adopted by rule by the commissioner of human services. The county agency need not attempt to recover overpayments of less than $35 paid to an individual no longer on assistance unless the individual has been convicted of fraud under section 256.98.
1997 c 85 art 5 s 21; 1Sp2001 c 9 art 10 s 66
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Section 256.01 — Commissioner Of Human Services; Powers, Duties.
Section 256.011 — Administration Of Federal Grants-in-aid.
Section 256.0112 — Grants And Purchase Of Service Contracts.
Section 256.012 — Minnesota Merit System.
Section 256.0121 — Southern Cities Community Health Clinic.
Section 256.014 — State And County Systems.
Section 256.015 — Public Assistance Lien On Recipient's Cause Of Action.
Section 256.016 — Plain Language In Written Materials.
Section 256.0161 — Forecast On Children's Health Care Services.
Section 256.017 — Compliance System.
Section 256.018 — County Public Assistance Incentive Fund.
Section 256.019 — Recovery Of Money; Apportionment.
Section 256.02 — Investigations; Examinations; Supervision.
Section 256.021 — Vulnerable Adult Maltreatment Review Panel.
Section 256.023 — One Hundred Percent County Assistance.
Section 256.027 — Use Of Vans Permitted.
Section 256.028 — Tax Rebates.
Section 256.0281 — Interagency Data Exchange.
Section 256.029 — Domestic Violence Informational Brochure.
Section 256.041 — Cultural And Ethnic Communities Leadership Council.
Section 256.042 — Opiate Epidemic Response Advisory Council.
Section 256.043 — Opiate Epidemic Response Fund.
Section 256.045 — Administrative And Judicial Review Of Human Services Matters.
Section 256.0451 — Hearing Procedures.
Section 256.046 — Administrative Fraud Disqualification Hearings.
Section 256.0471 — Overpayments Become Judgments By Operation Of Law.
Section 256.25 — Old Age Assistance To Be Allowed As Claim In District Court.
Section 256.263 — Land Acquired By State Under Old Age Assistance Liens.
Section 256.362 — Reports And Implementation.
Section 256.462 — Applicability Of Other Law; Recovery Of Assistance Furnished.
Section 256.476 — Consumer Support Program.
Section 256.477 — Self-advocacy Grants.
Section 256.4772 — Minnesota Inclusion Initiative Grant.
Section 256.4776 — Parent-to-parent Peer Support.
Section 256.478 — Transition To Community Initiative.
Section 256.479 — Customized Living Quality Improvement Grants.
Section 256.481 — Person With A Disability; Definition.
Section 256.482 — Council On Disability.
Section 256.4825 — Report Regarding Programs And Services For People With Disabilities.
Section 256.4835 — Minnesota Rare Disease Advisory Council.
Section 256.484 — Social Adjustment Services To Refugees.
Section 256.741 — Child Support And Maintenance.
Section 256.82 — Payments By State.
Section 256.87 — Contribution By Parents.
Section 256.8799 — Supplemental Nutrition Assistance Outreach Program.
Section 256.88 — Social Welfare Fund Established.
Section 256.89 — Fund Deposited In State Treasury.
Section 256.90 — Social Welfare Fund; Use; Disposition; Depositories.
Section 256.92 — Commissioner Of Human Services, Accounts.
Section 256.925 — Optional Voter Registration For Public Assistance Applicants And Recipients.
Section 256.93 — Commissioner Of Human Services, Possession Of Estates.
Section 256.935 — Funeral Expenses, Payment By County Agency.
Section 256.9365 — Purchase Of Health Care Coverage For People Living With Hiv.
Section 256.94 — Conferences Of Various Officials.
Section 256.95 — Expense Of Attendance At Conference.
Section 256.958 — Retired Dentist Program.
Section 256.959 — Dental Practice Donation Program.
Section 256.96 — Cooperation With Other Boards.
Section 256.962 — Minnesota Health Care Programs Outreach.
Section 256.963 — Primary Care Access Initiative.
Section 256.9655 — Payments To Medical Providers.
Section 256.9656 — Deposits Into The General Fund.
Section 256.9657 — Provider Surcharges.
Section 256.9685 — Establishment Of Inpatient Hospital Payment System.
Section 256.9686 — Definitions.
Section 256.969 — Payment Rates.
Section 256.9693 — Inpatient Treatment For Mental Illness.
Section 256.9695 — Appeals Of Rates; Prohibited Practices For Hospitals; Transition Rates.
Section 256.974 — Office Of Ombudsman For Long-term Care.
Section 256.9741 — Definitions.
Section 256.9742 — Duties And Powers Of The Office.
Section 256.9744 — Office Data.
Section 256.975 — Minnesota Board On Aging.
Section 256.9752 — Senior Nutrition Programs.
Section 256.9753 — Volunteer Programs For Retired Senior Citizens.
Section 256.9754 — Community Services Development Grants Program.
Section 256.9755 — Caregiver Support Programs.
Section 256.976 — Foster Grandparents Program.
Section 256.977 — Senior Companion Program.
Section 256.978 — Location Of Parents, Access To Records.
Section 256.979 — Child Support Incentives.
Section 256.98 — Wrongfully Obtaining Assistance; Theft.
Section 256.981 — Training Of Welfare Fraud Prosecutors.
Section 256.982 — Training Of Welfare Fraud Investigators.
Section 256.983 — Fraud Prevention Investigations.
Section 256.9831 — Benefits; Gambling Establishments.
Section 256.984 — Declaration And Penalty.
Section 256.986 — County Coordination Of Fraud Control Activities.
Section 256.9861 — Fraud Control; Program Integrity Reinvestment Project.
Section 256.9862 — Electronic Benefit Transaction Card Fee.
Section 256.9863 — Electronic Benefit Transaction Card; Receipt Of Benefits.
Section 256.9864 — Reports By Recipient.
Section 256.9865 — Recovery Of Overpayments And Atm Errors.
Section 256.9866 — Community Service As A County Obligation.
Section 256.987 — Electronic Benefit Transfer Card.
Section 256.9872 — Ebt Transaction Costs; Supplemental Nutrition Assistance Program.
Section 256.99 — Reverse Mortgage Proceeds Disregarded.
Section 256.995 — School-linked Services For At-risk Children And Youth.
Section 256.997 — Child Support Obligor Community Service Work Experience Program.