1. (a)

   1. (1) Any payment received by or for a participant that is in excess of the amount that should have been paid is an overpayment.
   2. (2) However, only those overpayments described in the following sections will be reported and collection pursued.

2. (b) An overpayment may result from the participant having:

   1. (1) Given fraudulent information;
   2. (2) Withheld information;
   3. (3) Failed to report information; or
   4. (4) Failed to report a change in circumstances.

3. (c) An overpayment may also occur from:

   1. (1) The agency having made an error or having failed to take action; or
   2. (2) A combination of participant and agency.
4. (d) Note. By definition, no overpayment exists if the participant does not present the warrant or check for payment or does not access any portion of a month’s payment added to his or her EBT account.
5. (e) Note. Calculations to determine overpayments must be in accordance with eligibility requirements and budgetary procedures and allowances in effect at the time of such overpayment, not the time of discovery and computation.

Codification Notes: “EBT” means Electronic Benefits Transfer.