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​Overpayment Claim Establishment

AFS BIR staff is responsible for evaluating overpayment referrals, establishing overpayment claims, and referring overpayment claims to OIG when fraud is suspected.  An overpayment is considered established on the date AFS BIR staff sends the overpayment notice to the household.

To be considered timely, all food benefit overpayment claims must be established within 180 calendar days from the discovery date.  You should send the overpayment regardless of timeliness.

Fraud Not Suspected

AFS BIR staff establishes the overpayment claim and classifies it as an inadvertent household error or agency error.  You and the household will be notified by BIR staff.

BIR staff will then set up a repayment plan with the household.

Fraudulent Intent Suspected

AFS BIR staff sends the overpayment to OIG to determine whether fraud occurred. 

The overpayment claim is not established and notices are not sent until OIG completes its investigation and releases the claim back to AFS BIR. 

To read more about procedures when overpayments are referred for an intentional program violation, click here.

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