1. (a) When compensation benefits are paid as a result of fraud or error, the OAG may request a full or partial refund of paid benefits as follows:

   1. (1) if a victim or claimant knowingly submits false information or documentation, the OAG shall request a refund of payments made in reliance on the false information or documentation;
   2. (2) if the OAG erroneously overpays a victim or claimant, future awards may be offset by the amount paid in error, or the OAG may request a refund;
   3. (3) if new evidence shows that a victim or claimant is ineligible to receive compensation payments, future awards may be offset by the amount paid in error, or the OAG may request a refund;
   4. (4) if the victim or claimant has received the maximum amount of compensation benefits such that there are not future benefits from which to offset an erroneous payment, the OAG shall request a refund of the amount paid in error;
   5. (5) if a provider of service is overpaid for any reason, the OAG shall request an immediate refund.
   6. (6) If a claim is approved for compensation benefits and the victim or claimant subsequently fails to comply with the requirements of Tex. Code Crim. Proc. Chapter 56, Subchapter B, the OAG may deny further benefits and request a refund of compensation benefits awarded.
2. (b) The OAG may consider the victim's or claimant's financial circumstances and allow the requested refund to be paid in installments.

Source Note:The provisions of this §61.415 adopted to be effective November 14, 2007, 32 TexReg 8117.