New York Laws
Title 6 - Powers to Enforce Support
106-B - Adjustment for Incorrect Payments.

§ 106-b. Adjustment for incorrect payments. Any inconsistent
provision of law notwithstanding, a social services official shall, in
accordance with the regulations of the department and consistent with
federal law and regulations, take all necessary steps to correct any
overpayment or underpayment to a public assistance recipient; provided,
however, that a social services official may waive recovery of a past
overpayment, in the case of an individual who is not currently a
recipient of public assistance, where the cost of recovery is greater
than the cost of collections as determined in accordance with department
regulations consistent with federal law and regulations. For purposes
of this section, overpayment shall include payments made to an eligible
person in excess of his needs as defined in this chapter and payments
made to ineligible persons (including payments made to such persons
pending a fair hearings decision). The commissioner shall promulgate
regulations to implement procedures for correcting overpayments and
underpayments. The procedures for correcting overpayments shall be
designed to minimize adverse impact on the recipient, and to the extent
possible avoid undue hardship. Notwithstanding any other provision of
law to the contrary, no underpayment shall be corrected with respect to
a person who is currently not eligible for or in receipt of home relief
or aid to dependent children, except that corrective payments may be
made with respect to persons formerly eligible for or in receipt of aid
to dependent children to the extent that federal law and regulations
require.