<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".55" citation="COMAR 07.03.17.55" title_num="07" subtitle_num="03" chapter_num="17" heading="Collection of a Claim.">
  <paragraph num="A.">
    <text>The local department shall collect payment for a claim against a household as described in this regulation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Lump Sum. The household may pay the claim in a lump sum that is a full or a partial payment of the claim made in:</text>
    <paragraph num="(1)">
      <text>Program benefits;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Cash; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A combination of both.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Installments.</text>
    <paragraph num="(1)">
      <text>The household may choose monthly installments of a negotiated amount.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When a household is currently participating, the negotiated monthly amount for repayment may not be less than the amount specified in §D of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Reduction in Allotment. Unless a payment schedule has been negotiated, the local department shall reduce the household's allotment to recover any amount of a claim not repaid through a lump sum as follows:</text>
    <paragraph num="(1)">
      <text>For an AE or IHE, an allotment reduction of the greater of $10 or 10 percent of the household's monthly allotment; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For IPV, an allotment reduction of the greater of $20 or 20 percent of the household's monthly allotment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Determining Delinquency.</text>
    <paragraph num="(1)">
      <text>A claim is considered delinquent if:</text>
      <paragraph num="(a)">
        <text>The claim has not been paid by the due date and a satisfactory payment arrangement has not been made; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A payment agreement has been established and a scheduled payment has not been made by the due date.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A claim is not considered delinquent if:</text>
      <paragraph num="(a)">
        <text>Another claim for the same household is currently being paid through an installment agreement or allotment reduction;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The local department cannot determine delinquency status because collection is coordinated through the courts; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The claim is awaiting fair hearing decision.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Treasury Offset Program. The local department or the Department of Budget and Management, Central Collection Unit, shall submit claims that are delinquent for 180 days or more and legally enforceable for collection from federal payments which include, but are not limited to:</text>
    <paragraph num="(1)">
      <text>Income tax refunds;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Federal salaries; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Retirement benefits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Local Department Action on Claims.</text>
    <paragraph num="(1)">
      <text>The local department shall:</text>
      <paragraph num="(a)">
        <text>Send a demand letter for repayment as described in Regulation .54K of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reduce the allotment as described in §D of this regulation for a household that is participating in the Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a household responds to the demand letter, but fails to comply with its repayment agreement according to §C of this regulation, the local department shall:</text>
      <paragraph num="(a)">
        <text>Send a notice that no payment or a lesser payment was received and that:</text>
        <paragraph num="(i)">
          <text>The household has a right to discuss renegotiation, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Unless the household makes the overdue payments or contacts the local department, the allotment of a currently participating household against which a claim has been established may be reduced without an adverse action notice;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Initiate allotment reduction for currently participating households if there is no response to the notice; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Take no further action if the household responds to the notice and makes a payment and states that it will continue to do so based on the existing agreement.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department shall repay to the household any overpaid claims by whatever method the local department considers appropriate, according to the household's circumstances.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The local department may choose other appropriate collection action, including referral to the Department of Budget and Management, Central Collection Unit when efforts by the local department have failed.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The local department may not require the household to liquidate its resources to make the repayment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Terminating and Writing Off Claims.</text>
    <paragraph num="(1)">
      <text>Definitions. In this section, the following terms have the meanings indicated:</text>
      <paragraph num="(a)">
        <text>“Terminated claim” means a claim in which all collection action has ceased.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Written off claim” means the claim is no longer subject to continued federal or State collection and reporting requirements.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The local department shall terminate and write off a claim when:</text>
      <paragraph num="(a)">
        <text>The claim is invalid;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All adult household members die;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>It is not cost effective to pursue the claim because:</text>
        <paragraph num="(i)">
          <text>The claim balance is $25 or less;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The claim has been delinquent for 90 days or more; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>There are no other claims against the household resulting in a total of greater than $25; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>The claim is delinquent for 3 years or more and the local department or the Department of Budget and Management, Central Collection Unit, does not plan to pursue the claim through the Treasury Offset Program as described in §F of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department may terminate and write off a claim if the household cannot be located.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Changes in Household Composition.</text>
    <paragraph num="(1)">
      <text>The local department shall initiate collection action against any adult members of a household at the time an overissuance occurred.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In pursuing a claim, a local department may:</text>
      <paragraph num="(a)">
        <text>Pursue collection action against any household that has an adult member that received the overissuance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Offset an amount of the claim against restored benefits owed to any household which contains an adult member of the original household at the time the overissuance occurred;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Use any of the appropriate methods of collecting payments listed in §§B—F of this regulation; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Not collect more than the amount of the claim.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>