(B) Overpayments resulting from assistance paid pending implementation of a fair hearing decision as provided in 106 CMR 343.250: Continuation of Benefits Pending Appeal following an appeal of reduction or termination in benefits shall be recovered if the fair hearing decision upholds the reduction or termination. The overpayment in a split fair hearing decision, where the action of the Department is only partly upheld, is the amount found in the fair hearing decision to be incorrectly paid.

1. (1) The Department shall inform the client that the Department will recover any assistance paid pending implementation of a decision following a fair hearing that is decided in the Department's favor.
2. (2) The Department shall provide on the notice the option for the appellant to waive the receipt of assistance pending the hearing.