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CLAIMS HANDBOOK - Department of Human Services

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BENEFIT RECOVERY (<strong>CLAIMS</strong>) <strong>HANDBOOK</strong><br />

State Tax Offset<br />

State tax refunds are <strong>of</strong>fset and posted for delinquent TANF and FS debts with a balance <strong>of</strong><br />

$25 or more. The debt is referred to Debt Set Off if a monthly payment is missed and<br />

remains until the end <strong>of</strong> the calendar year. The Georgia <strong>Department</strong> <strong>of</strong> Revenue and the<br />

Office <strong>of</strong> Financial <strong>Services</strong> notifies the debtor <strong>of</strong> the <strong>of</strong>fset. The Office <strong>of</strong> Financial<br />

<strong>Services</strong> holds the tax refund for 30 days. If the customer does not request a hearing or<br />

the county does not discover the <strong>of</strong>fset to be in error, the tax refund is applied to the claim<br />

after the 31 st . day from the notice date. The county refunds any postings found to be in<br />

error after they have been applied to the debt.<br />

State Tax Reports:<br />

• “Notified Clients <strong>of</strong> 30 Day Waiting Period” (DMJ 5701I)<br />

provides a list <strong>of</strong> AU’s with intercepts pending posting<br />

• “State Tax Postings” (DMJ 5702I)<br />

provides a list <strong>of</strong> posted claim payments by AU<br />

State Tax Offset status is viewed by accessing OMEN-L, entering the person’s SSN,<br />

current tax year and code “S”.<br />

During the 30 day period that the State Tax <strong>of</strong>fset is being held, the customer or the Claims<br />

/ Collections Unit staff may request that the county review the validity <strong>of</strong> the debt or the<br />

balance.<br />

• If an error is discovered prior to posting, and all or part <strong>of</strong> the <strong>of</strong>fset should be<br />

returned to the customer, complete form 18, Case Summary Settlement, and fax to<br />

the Claims / Collections Unit Office. Notify the customer that the refund check will<br />

be released to them directly from the Office <strong>of</strong> Financial <strong>Services</strong>.<br />

• If an error is discovered after the <strong>of</strong>fset has been posted in SUCCESS, the county<br />

must process a system refund to the customer.<br />

• If the customer reapplies and the AU# is in pending or active status, or if the claim<br />

has been suspended or terminated, the <strong>of</strong>fset will not post and the Office <strong>of</strong><br />

Financial <strong>Services</strong> will mail the refund check to the customer after the 30 th day.<br />

• If the customer requests a fair hearing on the intent to <strong>of</strong>fset the refund, the hearing<br />

request must be in writing and directed to the Claims / Collections Unit:<br />

o The Claims / Collections Unit staff notifies the county via Form 17, Notice <strong>of</strong><br />

Hearing Request, that a hearing has been requested.<br />

o The county <strong>of</strong>fice responds via Form 18, Case Summary Settlement, if the<br />

<strong>of</strong>fset is not correct.<br />

o The county <strong>of</strong>fice responds via Form 19, Case Summary, if the <strong>of</strong>fset is valid<br />

and attaches supporting documents for the hearing.<br />

o If a hearing is scheduled it will be held in the county where the claim was last<br />

active and the case manager will be notified to attend. The OPIC agent<br />

should also attend the hearing if the claim is IPV.<br />

Samples <strong>of</strong> <strong>of</strong>fset forms are included in the forms section <strong>of</strong> this handbook.<br />

Rev December ‘10 27

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