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TAFDC-- Overpayment--Cannot recover OP of grandmother from grandkids grant

John Whelan, Hearing Officer

The grandmother had previously been assessed an overpayment. She was now receiving assistance for 3 grandchildren (not part of the original overpaid unit) and not for herself. 106 CMR 206.750 provides that DTA may recover overpayments only from the grantee, whether eligible or ineligible, of the assistance unit that was overpaid. The advocate argued that DTA couldn't recover from the grandchildren because they weren't in the original assistance unit that was overpaid. The hearing officer, John Whelan, denied the appeal. This appeal was wrongly decided. The state regulation was presumably based on former 45 CFR 233.20(a)(12) which makes clear that only overpaid assistance unit members are subject to recovery. The state regulation allows recovery from an ineligible grantee if she is the grantee of the assistance unit that was overpaid, not the grantee of an assistance unit that was not overpaid. The decision penalizes the children who never benefited from the overpayment. The advocate, Sarah Hogan, at Northeastern University Law School, requested reconsideration. DTA agreed not to recoup against the children. Congratulations, Sarah.Appeal Nos. 298939/298940

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