Retention Date: October 13, 2018
|Intended Audience:||All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/OCO-CSTs|
|Originating Office:||ORDP OISP|
|Title:||Clarifying State Overpayment Liability for Minors in Foster Care – Instructions Will Follow Shortly|
|Type:||EM - Emergency Messages|
|Program:||Title II (RSI); Title XVI (SSI)|
|Link To Reference:||See References at the end of this EM.|
REVISION 06/13/2018: C. Revised to clarify that state foster care agencies include county and local governmental entitles/agencies.
REVISION: (Reposting from 5/11/2018 to include this revision statement.) We revised EM-18012 in the following ways:
Title 16 cases:
· Added instructions to input a unit code on the DW01 (MSSICS cases) or MDW (non-MSSICS cases) so that we will be able to go back and correct these cases as necessary.
Title 2 cases:
· Added instructions for the FO/TSC to send their adverse actions cases to the PSC for manual action; and
· Added instructions for the PSC’s to not include overpayment language in the adverse action notice.
This emergency message (EM) provides interim guidance for handling overpayments involving minors who have a State serving as their representative payees during the period when the minor is in foster care under the responsibility of the State.
Effective April 13, 2018, section 104 of the Strengthening Protections for Social Security Beneficiaries Act of 2018, “Clarifying Overpayment Liability for Child in Child Welfare System,” requires SSA to hold the State liable for the repayment of any overpayment(s) made on behalf of a represented minor beneficiary or recipient in a month in which the minor was in foster care under the responsibility of the State and the State was the representative payee. This applies to any new Title II and Title XVI overpayment determinations made on or after the date of enactment. For Title II cases, this also applies to any overpaid amounts that we have not recovered as of the date of enactment.
As of the effective date, when we determine that we overpaid a Title II or Title XVI minor beneficiary or recipient who was in foster care under the responsibility of the State (including county and local governmental entities/agencies) and the State was serving as the minor’s representative payee at the time the overpayment was incurred, the State is solely liable for repaying the overpayment. In addition, for Title II, we will no longer consider the minor liable for repaying any outstanding overpaid amounts that we have not recovered as of April 13, 2018.
For Title II and Title XVI purposes, the term “represented minor beneficiary” means an individual who has not attained 18 years of age in a month in which the individual’s benefits are certified for payment to a representative payee.
D. How to identify a State Represented Minor in Foster Care
Consider all of the following to identify a beneficiary or recipient who is a State Represented Minor in Foster Care:
Note: Verify the accuracy of the payee information before following the guidance outlined below.
E. Overpayment procedure
Process any manual overpayment determinations for a Title II or Title XVI minor who is in foster care under the responsibility of the State and the State is serving as the minor’s representative payee (i.e., State Represented Minor in Foster Care) using the following instructions:
Additional guidance on how to 1) remove the liability from the affected minors, 2) establish the overpayment to the State, and 3) recover the overpayment from the State or State agencies is forthcoming.
F. Foster care agency representative payees
Technicians should code foster care agency representative payees using the payee type code “Social Agency” in eRPS.
Process representative payee selections related to children in foster care under normal business practices. For more information about considerations concerning foster care agencies, see GN 00502.159.
Direct all program–related and technical questions to your Regional Office (RO) support staff or Payment Service Center (PSC) OA staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office contacts.
GN 02205.001 Liability for Title II Overpayment Recovery
SI 02201.020 SSI Overpayment: Who is Liable (Responsible) for Repayment? Living Overpaid Individual
SI 02201.023 Supplemental Security Income (SSI) Overpayment: Recovery from a Representative Payee
SI 02301.300 Due Process Protections – General
MS DMS 006.003 Protest/Stop Recovery Request (PC) (DRPR)
MS DMS 006.019 Protest/Stop Recovery Request (FO) (DRPF)
MS DMS 006.020 Protest/Stop Recovery Request (TSC) (DRPT)
GN 00501.013 Explanations for Types of Payees
GN 00502.159 Additional Considerations When Foster Care Agency is Involved
SM 00550.080 Type of Payee (TOP) and Custody (CC) Codes
SM 01601.565 Representative Payee D
EM-18012 REV - Clarifying State Overpayment Liability for Minors in Foster Care – Instructions Will Follow Shortly - 05/11/2018