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Rule: 37.70.115 Prev     Up     Next    
Rule Title: OVERPAYMENTS AND UNDERPAYMENTS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LOW INCOME ENERGY ASSISTANCE PROGRAM (LIEAP)
Subchapter: General Program Administration
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.70.115    OVERPAYMENTS AND UNDERPAYMENTS

(1) When it is discovered that an administrative error resulted in an underpayment of LIEAP benefits, it may be corrected by increasing the benefit award to cover the underpayment.

(a) For purposes of determining financial eligibility, such retroactive corrective payments will not be considered as income.

(2) Except as provided in (3), current and future program year payments of LIEAP benefits will be reduced the full amount of prior overpayments, unless the administrative cost would exceed the amount of overpayment.

(a) Additionally, cases in which a person willfully made false statements or withheld information causing overpayment must be referred to the Intergovernmental Human Services Bureau (IHSB) to determine if the case should be forwarded to the department's Quality Assurance Division, Program Compliance Bureau (PCB) for determination of fraud as provided in ARM 37.70.110.

(3) When it is discovered that the local contractor caused an overpayment of LIEAP benefits, at the sole discretion of the department, the local contractor may be required to repay the entire overpayment to the department, rather than the overpayment being withheld from the household's future payments.

History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1985 MAR p. 1412, Eff. 9/27/85; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2011 MAR p. 108, Eff. 1/28/11; AMD, 2015 MAR p. 2145, Eff. 12/11/15.


 

 
MAR Notices Effective From Effective To History Notes
37-698 12/11/2015 Current History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1985 MAR p. 1412, Eff. 9/27/85; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2011 MAR p. 108, Eff. 1/28/11; AMD, 2015 MAR p. 2145, Eff. 12/11/15.
37-527 1/28/2011 12/11/2015 History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1985 MAR p. 1412, Eff. 9/27/85; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2011 MAR p. 108, Eff. 1/28/11.
4/23/2004 1/28/2011 History: Sec. 53-2-201, MCA; IMP, Sec. 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1985 MAR p. 1412, Eff. 9/27/85; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2004 MAR p. 1026, Eff. 4/23/04.
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