DEPiRTMENT OF SOCIAL SERVICES 74f P Street Sacramento CA 95814 916 3225330 March 22 1985 ALLCOUNTY LETTER NO 8535 TO ALL COUNTY WELFARE DIRECTORS SUBJECT AID PAID PENDING APP OVERPAYM ID: 849655
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1 STATE OF CALIFORNIA -HEALTH AND WELFARE
STATE OF CALIFORNIA -HEALTH AND WELFARE AGENCY DEPi\RTMENT OF SOCIAL SERVICES 74/f P Street, Sacramento, CA 95814 ;)916) 322-5330 March 22, 1985 ALL-COUNTY LETTER NO. 85-35 TO: ALL COUNTY WELFARE DIRECTORS SUBJECT: AID PAID PENDING (APP) OVERPAYMENTS REFERENCE: The purpose of this letter is to clarify the use of state regulations to determine whether an overpayment is recoverable in an Aid Paid Pending (APP) situation. Several counties have asked whether all or part of the aid received during a period of APP is an overpayment subject to recovery under Manual of Policies and Procedures (MPP) Section 44-350.4, if the recipient reestablishes eligibility during the APP period but loses the hearing decision. MPP Section 22-022. 7 provides that "• •• nothing in this Chapter shall prohibit the county from instituting any changes in the recipient's grant while a state hearing is pending." The Department of Social Services (DSS) interprets this regulation section to include situations where the recipient takes the necessary action to fully establish eligibility before an unfavorable hearing decision is rendered against him or her. In this circumstance, only the aid paid from the date of proposed discontinuance to the date that full eligibility is reestablished is considered APP that is subject to recovery under MPP Section 44-350.4. Aid paid subsequent to the reestablishment of eligibility is regular aid, provided the recipient meets current eligibility requirements each month. If you have any questions on this issue, please contact Henry Puga of the ~~oo"'•••• •(916) 322-5330 o,,,, 4•2-5330, Deputy Director cc: CWDA GEN 654 (9/79)