7 AAC 45.565. Correction of underpayment

(a) If a recipient receives an ATAP payment in a smaller amount than the recipient is actually entitled to receive, unless the underpayment is caused by the recipient's failure to report as required by 7 AAC 45.270, the department will promptly provide the recipient with a corrective payment equal to the difference between the amount the recipient actually received and the amount the recipient was entitled to receive. The department will make a corrective payment only to an individual who is a recipient.

(b) The department will determine, on a month-by-month basis, the cause and amount of each eligible month's underpayment. In determining the amount of a past month's underpayment, the department will not anticipate income prospectively, but will use the actual amount of income received in that prior month.

(c) If the department and the recipient, in cooperation, cannot obtain sufficient evidence to determine the amount of the underpayment for a month, the department will not include that month in calculating the total underpayment amount.

(d) If an assistance unit receives both an overpayment and an underpayment, the department will adjust the underpayment amount to compensate for the overpayment before it orders a corrective payment or pursues collection of the overpayment under 7 AAC 45.570.

History: Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 10/1/2001, Register 159; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005

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