Ill. Admin. Code tit. 89, § 165.70 - Recoupment of Overpayments from Current Temporary Assistance for Needy Families (TANF) and Aid to the Aged, Blind or Disabled (AABD) Cases
a) When the
Department determines that a TANF or AABD assistance unit has received
assistance to which it is not entitled, the Department shall recoup the
overpayment from:
1) the current assistance
grant;
2) the assistance grant case
that now contains the former grantee of the overpaid assistance case;
or
3) the assistance grant case
that now contains any adult member of the overpaid assistance case.
b) The entire overpayment will be
recouped in as short a time as possible. For AABD cases, the amount to be
deducted for any one month shall not reduce the family's or individual's total
income and assets to an amount less than 90% of the respective payment standard
for a family or individual of that size with no income. (For overpayments due
to the receipt of duplicate warrants, see 89 Ill. Adm. Code
117.20.)
c) For TANF cases, the family's or
individual's total income shall include all gross earned income, less the
earned income disregard and child care deduction if applicable, all unearned
income, and all assistance payments. For AABD, total income shall include net
earned income, all unearned income, and all assistance payments.
d) Families participating in the TANF program
who have received an overpayment of AFDC or TANF, and have not repaid the
money, will have the overpayment recouped from the TANF payment. The amount to
be deducted for any one month shall not reduce the family's or individual's
total income and assets to an amount less than 90% of the applicable assistance
payment level with a $75 monthly maximum deduction. (For overpayments due to
the receipt of duplicate warrants, see 89 Ill. Adm. Code 117.20.)
Notes
Amended at 37 Ill. Reg. 1893, effective February 4, 2013
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