§ 40-5.2-24. Overpayment and underpayment of benefits.
The department shall promptly take all necessary steps to correct any overpayment or underpayment of cash assistance paid under this chapter, and, in the case of:
(1) An overpayment to an individual who is a current recipient of cash assistance (including a recipient whose overpayment occurred during a prior period of ineligibility), recovery will be made by repayment by the individual or by reducing the amount of any future cash assistance payable to the family of which he or she is a member, except that the recovery shall not result in the reduction of cash assistance payable for any month, such that cash assistance, when added to its income, is less than ninety percent (90%) of the standard of assistance for a family/assistance unit with the same composition with no other income (and, in the case of an individual to whom no payment is made for a month solely by reason of recovery of any overpayment, the individual shall be deemed to be a recipient of cash assistance for that month);
(2) An overpayment to any individual who is no longer receiving cash assistance under the plan, recovery shall be made by appropriate action by the department under federal and state law against the income or resources of the individual, the family, or the prior assistance unit; and
(3) An underpayment, the corrective payment shall be disregarded in determining the income of the family, and shall be disregarded in determining its resources in the month the corrective payment is made and in the following month; except that no recovery need be attempted or carried out under subsection (2), other than in a case involving fraud on the part of the recipient where the cost of recovery would equal or exceed the amount of overpayment involved.
History of Section.P.L. 2008, ch. 100, art. 16, § 1.
Structure Rhode Island General Laws
Chapter 40-5.2 - The Rhode Island Works Program
Section 40-5.2-1. - Short title.
Section 40-5.2-2. - The Rhode Island works program — Statement of purpose.
Section 40-5.2-3. - Legislative intent.
Section 40-5.2-5. - Rhode Island works — Promotion of work.
Section 40-5.2-7. - Work participation rates.
Section 40-5.2-8. - Definitions.
Section 40-5.2-9. - The Rhode Island works program — General eligibility requirements.
Section 40-5.2-10. - Necessary requirements and conditions.
Section 40-5.2-11. - Cash assistance.
Section 40-5.2-12. - Work requirements for receipt of cash assistance.
Section 40-5.2-13. - Income deeming.
Section 40-5.2-14. - Reporting of income and resources by participants.
Section 40-5.2-15. - Reporting absence.
Section 40-5.2-16. - Minimum payment.
Section 40-5.2-17. - Assistance not assignable; exemption from process.
Section 40-5.2-18. - Up-front cash program.
Section 40-5.2-19. - Appropriate child care necessary for work requirement.
Section 40-5.2-20. - Childcare assistance — Families or assistance units eligible.
Section 40-5.2-21. - Eligibility for medical benefits.
Section 40-5.2-22. - Emergency expenses.
Section 40-5.2-23. - Post-employment incentive bonus.
Section 40-5.2-24. - Overpayment and underpayment of benefits.
Section 40-5.2-25. - Hearings.
Section 40-5.2-26. - Records as to assistance.
Section 40-5.2-27. - Department of human services.
Section 40-5.2-28. - Rules and regulations.
Section 40-5.2-29. - Noncustodial parents — Employment obligations.
Section 40-5.2-30. - Fraudulently obtaining assistance.
Section 40-5.2-31. - Authorization to pay assistance.
Section 40-5.2-32. - Cashing of assistance checks.
Section 40-5.2-33. - Child clothing allowance.
Section 40-5.2-34. - Screening for domestic violence — Waiver of program requirements.
Section 40-5.2-35. - Child support pass-through.
Section 40-5.2-36. - Appropriation of funds.
Section 40-5.2-37. - Severability.
Section 40-5.2-38. - Application and effect of this chapter on applicants and recipients.
Section 40-5.2-39. - References to the family independence program.