13.6.1  Fraudulent Benefit Recovery

13.6.1.1  CARES and Central Recovery Enhanced System Overpayment Recovery Actions

 

Fraud overpayments are benefit overpayments issued as a result of a fraudulent act. The W-2 agency must attempt to recover only the amount of W-2 benefits incorrectly paid to the individual. If fraud is suspected in more than one public assistance program, the W-2 agency should communicate with other affected programs so recovery of all program benefit overpayments can be made.

When an overpayment occurs as the result of an IPV (see 13.4), the W-2 agency must process the overpayment as an IPV claim for the purposes of benefit recovery from W-2 payments (see 10.3.3).

The individual may appeal a fraud overpayment by requesting a Fact Finding Review. (See Chapter 12)

 

13.6.1.1 CARES and Central Recovery Enhanced System Overpayment Recovery Actions

CARES processes overpayment claims, identifies liable individuals, and generates the appropriate notices and worksheets. CARES tracks the repayment of overpayments, issuance of notices of nonpayment, closes a claim when the balance is paid, and identifies and tracks refunds.

CARES sends three dunning or past due notices to the individual before referring delinquent claims for further collection action, as authorized by law, to the CRES. CRES is monitored and maintained by the PACS. PACS uses the CRES system to initiate delinquent collection actions including State tax intercept and lien and levy for TANF programs.

 

 

History: Release 20-02.