(A) Method of Recovery.

1. (1) Recovery of an overpayment shall be sought from current clients and previous clients who reapply for and are determined eligible for TAFDC or EAEDC.

2. (2) The methods of recovery shall be by:

   1. (a) recoupment, which is the recovery of an overpayment by means of a reduction in the client's grant;
   2. (b) a lump sum payment;
   3. (c) installment payments;
   4. (d) wage assignment as provided in 106 CMR 706.295;
   5. (e) any combination of the above four methods; or
   6. (f) any other recovery method permitted by law.

3. (3) If a client refuses or fails to pay or who has been repaying his or her overpayment to the Department through a lump sum payment and/or installment payments or a combination of methods provided in 106 CMR 706.290(A)(2) misses a payment or is otherwise in arrears, he or she shall be required to repay the remaining overpayment:

   1. (a) by recoupment; or
   2. (b) by wage assignment.

(B) Amount of Recovery.

1. (1) The Department shall recover overpayments on a monthly basis, in an amount equal to:

   1. (a) 10% of the appropriate TAFDC Payment Standard or EAEDC Standards of Assistance;
   2. (b) an amount that exceeds 10% of the appropriate TAFDC Payment Standard or EAEDC Standards of Assistance, if the client agrees, through an arrangement with BSI or the Department;
   3. (c) a judgment or order of the court; or
   4. (d) a repayment agreement established by a fair hearing or an administrative disqualification hearing.