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Overissuance (OI) Types
There are three types of O/I:
- Administrative Error (AE)
- Inadvertent Household Error (IHE)
- Intentional Program Violation (IPV)
Combined AE/IHE Overissuances
When an overissuance is caused by both AE and IHE, it is classified as an Inadvertent Household Error. The overissuance would be classified an IHE IF:
- The information was not received by the county in a TIMELY manner to prevent the overissuance, or
- The information was INCOMPLETE, or
- There were two or more different reasons for the overissuance and the county only had information/verification on one of them.
Important: See the exception beneath the following examples.
IEVS report dated 08/27/09 shows client received UIB in late 07/09. The 07/09 SAR 7 reports no income. The IEVS information was NOT received in time for the worker to prevent an overissuance from occurring in 09/09.
IF IEVS information is not received in time for the worker to prevent an overissuance, AND the client reported no income on the SAR 7, THEN the OI is CLASSIFIED AS IHE.
IEVS report received 07/13/09 showing client received a UIB check on 07/03/09 with a balance on the claim of $0. The SAR 7 reports just one UIB check for 07/09. Since the claim's balance is $0, the EW doesn’t anticipate any UIB for the upcoming SAR Payment Period. The following month another IEVS report is received showing the client received a second UIB check in 07/09 (filed for an extension on UIB) which was NOT reported. In this case, the EW didn’t have COMPLETE information in order to prevent the overissuance from occurring.
If IEVS information indicates that the income has stopped or exhausted or the worker didn’t have complete information to reasonably anticipate future income, AND The client reported the income received in the submit month, THEN the OI is CLASSIFIED AS IHE.
IEVS report received 08/03/09 showing client received 2 UIB checks in 08/09. The 08/09 SAR 7 reports no income. EW fails to “Y” the case for 09/09. The following month when the 2nd IEVS report is received, the EW discovers the error and contacts the client. It is then discovered that the client’s daughter moved out of the home three months ago and this information was also NOT reported. SSA only had information on one of the causes of the overissuance.
IF the EW only has partial information, AND the client reported no income on the SAR 7 or failed to report changes, THEN the OI is CLASSIFIED AS IHE.
Exception: When an overissuance is caused by both an AE and an IHE, it is classified as an AE if the county had ALL the information in a TIMELY MANNER to prevent the overissuance, even though the client did not report the income/information.
IEVS report dated 08/07/09 shows the client received 2 UIB payments in 08/09. 08/09 SAR 7 received on 09/11/09 reports no income. EW fails to enter a “Y” suspense/hold for 10/09 or to enter the UIB into the 10/09 budget. The following month when the 2nd IEVS report is received, the EW discovers the error and takes appropriate action for the future month. Since the IEVS information was complete for 08/09 and was received in time for the worker to prevent an overissuance from occurring in 10/09, this overissuance would be classified as an Administrative Error.
IF IEVS report shows income, AND the client reported no income on the SAR 7 (received by the 11th), THEN the OI is CLASSIFIED AS AE.
Note: If the SAR 7 was received after the 11th the OI is classified as an IHE.
Inadvertent Household Error (IHE) to Intentional Program Violation (IPV) Conversion
An IHE overissuance becomes an IPV overissuance when:
- A judge or an administrative disqualification hearing official has determined that a household member or the sponsor had committed an IPV,
or - An individual accused of an IPV has signed either:
- A “Disqualification Consent Agreement” (DFA 478), OR
- A “Waiver of Rights to an Administrative Disqualification Hearing.”
Administrative Error (AE)
Definition [63-801.22]
An AE claim occurs when the County has the information but fails to act correctly, and an overissuance results. Causes of an AE may include, but are not limited to, the situations described under the Causes section below.
Categorical Eligibility (CE) Households
CE status cannot be rescinded, even if it is later determined that the household was ineligible for PA.
An AE overissuance claim shall not be established for a CE household unless the County incorrectly determined:
- The number of persons in the household, or
- The household's NET income (based on income or deductions).
Causes
Failure to Act
Treat an overissuance which results from County failure to take prompt action on a change reported by the household as an AE overissuance.
A household reports on its “Eligibility/Status Report” (SAR 7) that the mother started a temporary job that should last for the next six months and she is making $1800 monthly. The SAR 7 is received in a timely manner. All verifications are attached. The household is ineligible for CalWORKs for the future month. However, the EW is on vacation and no action is taken until it is too late to give a 10-day notice to discontinue CalWORKs and decrease CalFresh benefits for the future month. An AE overissuance claim must be filed.
Nonassistance (NA) or CE household: Complete an overissuance claim. (The overissuance counts for the CE household because it is due to a change in net income.)
Incorrect Computation
Treat an overissuance which results when the County incorrectly computed the household's income or deductions as an AE overissuance.
A household reports on its SAR 7 that their rent decreased from $600 to $450/month. The EW incorrectly changes the rent to $540.
NA or CE household: An overissuance claim is established. (The overissuance counts for the CE household because it is due to a change in net income.)
Expired Certification
Treat an overissuance which results when the County continues to provide CalFresh benefits to a household after its certification period has expired without a reapplication determination as an AE overissuance.
A household requests a State Hearing regarding the discontinuance of its CalFresh allotment due to excess income. The discontinuance coincides with the end of the certification period. The Appeals Unit notifies the EW that the household should receive aid paid pending the outcome of the hearing. The EW restores CalFresh as aid paid pending without taking a new CF 285 or SAWS 2 Plus which are required because the certification period has expired. The aid paid pending benefits are considered an AE overissuance.
NA household: An overissuance claim is established.
CE household: There is no overissuance. A claim may not be filed against a CE household unless it is based on a change in net income or household size.
Computer Error
Treat an overissuance caused by a breakdown in County processing as an AE overissuance.
There is a computer breakdown and the NOA is printed too late to give 10 days notice.
NA household: An overissuance claim is established.
CE household: There is no overissuance. A claim may not be filed against a CE household unless it is based on a change in net income or household size.
AE and Earned Income Deduction
When calculating the value of an AE OI in which earned income is the basis for the OI, the County must apply the earned income deduction in the calculations.
Related Topics
Supplemental Payments and Claims Definitions