Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-13-7-5

Affected: IC 12-14

Sec. 2. (a) When recovery of an incorrect payment is made from a recipient's TANF assistance payment, the assistance unit shall retain in the payment month an amount equal to ninety percent (90%) of the amount of the TANF assistance payable to a family of the same size that has no income.

(b) Good cause for an alien sponsor's failure to provide correct information regarding his or her income and resources is limited to the legal incompetence of the sponsor at the time the information was provided to the county department. "Alien sponsor" has the meaning set forth in 45 CFR 400.

(c) When:

1. (1) an underpayment of benefits to a unit has been established; and
2. (2) a member of the unit is obligated to repay TANF benefits that were issued to him or her in error;

the amount of the underpaid benefit total shall be credited against the TANF indebtedness before any monies are paid directly to the unit as a result of the underpayment.

(Division of Family Resources; 470 IAC 10.3-5-2; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; errata filed Feb 4, 2008, 10:26 a.m.: 20080213-IR-470070087ACA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA; readopted filed Oct 8, 2025, 3:15 p.m.: 20251105-IR-470240501RFA)