340:50-15-7. Collection effort suspension or termination
(a) Collection effort suspension. The Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) Unit:
(1) suspends collection action on cases no longer receiving Supplemental Nutrition Assistance Program (SNAP) food benefits when the:
(A) primary responsible household member is deceased and there are no remaining adult household members responsible for the overpayment; • 1
(B) household cannot be located; or
(C) cost of further collection action is likely to exceed the amount that can be recovered.
(2) AFS BIR Unit may:
(A) reopen debts held in suspension based on changes in household circumstances; or
(B) initiate food benefit reduction if the client reapplies and becomes eligible in the future.
(b) Termination of overpayment claims. Per Section 273.18(e)(8) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.18(e)(8):
(1) a terminated overpayment claim is a claim in which all collection action has ceased;
(2) a written-off claim is a claim no longer considered a receivable subject to continued federal and state collection and reporting requirements;
(3) when an overpayment claim is paid in full, the household is notified the debt was satisfied.
(4) AFS BIR Unit staff may terminate and write off SNAP overpayment claim(s) when:
(A) all adult household members die;
(B) the claim balance is $25 or less and the claim has been delinquent for 90-calendar days or more unless other claims exist against this household resulting in an aggregate claim total of greater than $25;
(C) the claim is delinquent for three years or more unless AFS BIR Unit is pursuing the claim through the Treasury Offset Program, per 7 C.F.R. § 273.18(n) and Oklahoma Administrative Code 340:50-15-6(h);
(D) the household cannot be located for three or more years;
(E) the claim is determined invalid unless it is appropriate to pursue a different claim type; or
(F) it is not cost effective to pursue the claim any further, per FNS approved cost-effectiveness criteria.
(5) AFS BIR may reinstate a terminated and written-off claim when a new collection method or specific event, such as lottery winnings, substantially increases the likelihood of further collections.
INSTRUCTIONS TO STAFF 340:50-15-7
1. The household member considered primarily responsible for the overpayment is the person whose name is shown on the overpayment computer system in the claim details. Generally, this person was payee or head of household when the overpayment occurred. It may also be a person connected to the household who trafficked or otherwise caused the overpayment.