Collins v. Woods

Issue

The Court of Appeals has issued a decision on the collection of NON-WILLFUL overpayments which occurred between October 1, 1981 and April 1982. It found the State correct in extending the recoupment period of such overpayments according to the new Omnibus Act but incorrect in recouping such NON-WILLFUL overpayments at 90% of grant level.

Date

July 20, 1984

Retroactivity

All Retroactive implementation will be completed by the Court Review Overpayment (CROP) Unit.

Duration

This is a final court order.

Actions Required

Suspension of all collection efforts on NON-WILLFUL overpayments which occurred prior to April 2, 1982.

In cases which were OPEN and ACTIvE on APRIL 1, 1982, NON-WILLFUL overpayments which occurred in April 1982 will be considered Collins overpayments.

For cases which APPLIED on APRIL 2, 1982 or thereafter, NON-WILLFUL overpayments which occurred in April 1982 will NOT be considered Collins overpayments.

Ongoing Activity

Intake workers must review outstanding overpayments when opening or restoring a case until November 30, 1985.

Outstanding overpayments affected by the Collins decision must be identified by checking BIC description for NON-WILLFUL overpayments with a “from” date between October 1, 1981 and April 2, 1982.

The intake worker shall give or sent Temp 1627, Collins v. Woods claim form to the clients identified as having Collins overpayments and document on the SC 163. The form is self-explanatory and will be returned to the CROP Unit by the mail room.

Collins overpayments must not be recouped. Other overpayment adjustments must still be considered in computing the grant.