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REFERENCE TITLE: DES; waiver of overpayment |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1398 |
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Introduced by Senators Hatathlie: Diaz, Fernandez, Gonzales, Hernandez, Terán
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An Act
amending section 46-213, Arizona Revised Statutes; relating to public assistance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 46-213, Arizona Revised Statutes, is amended to read:
46-213. Duty of recipient to notify department of change in status; recovery of excess assistance paid; violation; classification
A. If at any time while receiving assistance the recipient of such that assistance knowingly acquires any property or receives any increase in income or property, or both, in excess of income or property declared at the time of determination or redetermination of eligibility, or if there is any other change in circumstances affecting the recipient's eligibility, the recipient shall within the number of days specified by rules of the department shall notify the department and provide verification of the acquisition of such property, receipt of such income or change in circumstances. Any recipient of aid who knowingly fails to do so notify the department is guilty of a class 2 misdemeanor.
B. If a recipient is overpaid for whatever reason, the recipient is liable for the amount of the overpayment. The department of economic security with the concurrence of the department of law shall determine the method of securing repayment which that is most appropriate to the particular situation. If there are insufficient assets or resources to justify collection, if the recipient is suffering from an economic hardship, if the recipient has not obtained assistance or services by intentional misrepresentation or if the overpayment was due to an error on the part of the department of economic security, the department may waive a repayment by the recipient. The department may waive any repayment obligation for a recipient who is overpaid if that recipient is not referred to the attorney general's office for prosecution. The department of economic security, with the assistance of the department of law, may institute appropriate court proceedings to recover overpayments.
C. Each warrant issued as an assistance payment shall contain a statement on the reverse side of the warrant relating to the recipient's eligibility. The wording of this statement shall be determined by the department.
D. The waiver of repayment obligations prescribed in subsection B of this section applies retroactively to a recipient who received an overpayment and who has not entered into a contractual agreement with the department for repayment on or before the effective date of this amendment to this section.