Kan. Admin. Regs. § 30-4-140 - Payments; penalties; enforcement
(a)
Assistance payments shall equal the budgetary deficit, which shall be rounded down to the nearest dollar, except as follows:
(1) Payments for the month of application
shall equal the budgetary deficit, which shall be prorated beginning with the
date of application through the end of the month. This amount shall be rounded
down to the nearest dollar.
(2) A
payment shall not be made if the amount of the budgetary deficit is less than
$10.00. If a payment is not made under this paragraph, recipient status shall
continue.
(b)
Overpayments shall be corrected by the end of the calendar quarter following
the calendar quarter in which the overpayment was first identified. Recovery
procedures shall not be initiated by the department, pending the disposition of
a welfare fraud referral. Overpayments may be recovered by voluntary repayment,
administrative recoupment, or legal action. The assistance payment shall be
reduced for recoupment as follows:
(1) For
fraud claims, by the greater of 20 percent of the household's monthly benefit
or $10.00 per month; and
(2) for
non-fraud claims, by the greater of 10 percent of the household's monthly
benefit or $10.00 per month.
(c) Disqualification penalties. Each
individual who is found to have committed fraud in the temporary assistance for
needy families (TANF) program, either through an administrative
disqualification hearing or by a court of appropriate jurisdiction, or who has
signed either a waiver of right to an administrative disqualification hearing
or a disqualification consent agreement in any case referred for prosecution,
shall be ineligible for assistance, along with all adult household members. For
the TANF program, each child shall also be ineligible if living in a household
with a disqualified adult until the child moves into another qualified
household, becomes an adult, or is able to act on that individual's own behalf.
A protective payee shall be named pursuant to
K.S.A.
39-709(b)(12)(A), and
amendments thereto.
Notes
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