§ 106-B — Adjustment for incorrect payments

§ 106-b. Adjustment for incorrect payments. Any inconsistent\nprovision of law notwithstanding, a social services official shall, in\naccordance with the regulations of the department and consistent with\nfederal law and regulations, take all necessary steps to correct any\noverpayment or underpayment to a public assistance recipient; provided,\nhowever, that a social services official may waive recovery of a past\noverpayment, in the case of an individual who is not currently a\nrecipient of public assistance, where the cost of recovery is greater\nthan the cost of collections as determined in accordance with department\nregulations consistent with federal law and regulations. For purposes\nof this section, overpayment shall include payments made to an eligible\nperson in excess of his needs as defined in this chapter and payments\nmade to ineligible persons (including payments made to such persons\npending a fair hearings decision). The commissioner shall promulgate\nregulations to implement procedures for correcting overpayments and\nunderpayments. The procedures for correcting overpayments shall be\ndesigned to minimize adverse impact on the recipient, and to the extent\npossible avoid undue hardship. Notwithstanding any other provision of\nlaw to the contrary, no underpayment shall be corrected with respect to\na person who is currently not eligible for or in receipt of home relief\nor aid to dependent children, except that corrective payments may be\nmade with respect to persons formerly eligible for or in receipt of aid\nto dependent children to the extent that federal law and regulations\nrequire.\n