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This ADM informs districts of a change to the Office of Temporary and Disability (OTDA) regulation, 18 NYCRR 352.31(d)(1). The amended regulation specifies who can be held responsible for the recovery of a TA overpayment. Specifically, when a TA overpayment is incurred by an assistance unit (case) that includes a child at the time the overpayment is incurred, the overpayment does not "follow" the child, even when the child becomes an adult.
*An assistance unit (case) is defined as an individual, or number of individuals, for whom TA is provided.
*A child is defined as an individual less than 18 years of age; or under age 19 and a full-time student regularly attending a secondary school, or in the equivalent level of vocational or technical training.
*A child-only case is defined as a case where the parent(s) is ineligible because she/he is in receipt of Supplemental Security Income (SSI) or is an ineligible alien; or the child(ren) is living with a non-parent caregiver (NPC).
*Recovery methods include, but are not limited to, voluntary payments, recoupment, liens, garnishments, and the use of collection agencies.
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