1. A. Date of discovery. The date of discovery is determined when the Department becomes aware of the overpayment.

   1. 1. For AE claims, the date of discovery is the date the overpayment has been verified or the date the household ultimately fails to respond to or satisfy an overpayment inquiry.
   2. 2. For IHE and IPV claims, the date that the Department obtains verification used to calculate the over-issuance.
   3. 3. For claims resulting from trafficking, the date of the court decision, or the date the household signed a waiver of administrative disqualification hearing form or a disqualification consent agreement.
2. B. For AE and IHE claims, calculate a claim for the month of the date of discovery and for each prior month, not to exceed 36 months prior to the date of discovery.
3. C. For an IPV claim not related to trafficking, calculate a claim back to the month that the IPV first occurred, not to exceed 72 months prior to the date of discovery.
4. D. For a claim resulting from trafficking, calculate a claim for the value of the trafficked benefits, as determined under 7 CFR 273.18(c)(2).

Under 7 CFR 273.18, the Department shall calculate an overpayment of benefits claim by:

Historical Note

R6-14-302 recodified from A.A.C. R6-3-2102 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Emergency renewed at 24 A.A.R. 3591, effective January 2, 2019 for an additional 180 days (Supp. 18-4). Emergency expired; new Section made by final rulemaking at 26 A.A.R. 263, with an immediate effective date of January 21, 2020 (Supp. 20-1).