Section 106-B. Adjustment for incorrect payments  


Latest version.
  • Any  inconsistent
      provision of law notwithstanding, a social services official  shall,  in
      accordance  with  the  regulations of the department and consistent with
      federal law and regulations, take all necessary  steps  to  correct  any
      overpayment  or underpayment to a public assistance recipient; provided,
      however, that a social services official may waive recovery  of  a  past
      overpayment,  in  the  case  of  an  individual  who  is not currently a
      recipient of public assistance, where the cost of  recovery  is  greater
      than the cost of collections as determined in accordance with department
      regulations  consistent  with federal law and regulations.  For purposes
      of this section, overpayment shall include payments made to an  eligible
      person  in  excess  of his needs as defined in this chapter and payments
      made to ineligible persons (including  payments  made  to  such  persons
      pending  a  fair  hearings  decision). The commissioner shall promulgate
      regulations to implement  procedures  for  correcting  overpayments  and
      underpayments.  The  procedures  for  correcting  overpayments  shall be
      designed to minimize adverse impact on the recipient, and to the  extent
      possible  avoid  undue hardship.  Notwithstanding any other provision of
      law to the contrary, no underpayment shall be corrected with respect  to
      a  person who is currently not eligible for or in receipt of home relief
      or aid to dependent children, except that  corrective  payments  may  be
      made  with respect to persons formerly eligible for or in receipt of aid
      to dependent children to the extent that  federal  law  and  regulations
      require.