2007 Minnesota Statutes

256D.49 PAYMENT CORRECTION.
    Subdivision 1. When. When the county agency finds that the recipient has received less than
or more than the correct payment of Minnesota supplemental aid benefits, the county agency shall
issue a corrective payment or initiate recovery under subdivision 3, as appropriate.
    Subd. 2. Underpayment of monthly grants. When the county agency determines that
an underpayment of the recipient's monthly payment has occurred, it shall, during that same
month, issue a corrective payment. Corrective payments must be excluded when determining the
applicant's or recipient's income and resources for the month of payment.
    Subd. 3. Overpayment of monthly grants and recovery of ATM errors. When the
county agency determines that an overpayment of the recipient's monthly payment of Minnesota
supplemental aid has occurred, it shall issue a notice of overpayment to the recipient. If the person
is no longer receiving Minnesota supplemental aid, the county agency may request voluntary
repayment or pursue civil recovery. If the person is receiving Minnesota supplemental aid, the
county agency shall recover the overpayment by withholding an amount equal to three percent of
the standard of assistance for the recipient or the total amount of the monthly grant, whichever
is less. For recipients receiving benefits via electronic benefit transfer, if the overpayment is a
result of an automated teller machine (ATM) dispensing funds in error to the recipient, the agency
may recover the ATM error by immediately withdrawing funds from the recipient's electronic
benefit transfer account, up to the amount of the error. Residents of nursing homes, regional
treatment centers, and facilities with negotiated rates shall not have overpayments recovered
from their personal needs allowance.
History: 1989 c 282 art 5 s 108; 1996 c 465 art 3 s 39