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U.S. Code as of:
01/03/05
Section 2022. Disposition of claims
(a) General authority of the Secretary
(1) Determination of claims
Except in the case of an at-risk amount required under section
2025(c)(1)(D)(i)(III) of this title, the Secretary shall have the
power to determine the amount of and settle and adjust any claim
and to compromise or deny all or part of any such claim or claims
arising under the provisions of this chapter or the regulations
issued pursuant to this chapter, including, but not limited to,
claims arising from fraudulent and nonfraudulent overissuances to
recipients, including the power to waive claims if the Secretary
determines that to do so would serve the purposes of this
chapter. Such powers with respect to claims against recipients
may be delegated by the Secretary to State agencies. The
Secretary shall have the power to reduce amounts otherwise due to
a State agency under section 2025 of this title to collect unpaid
claims assessed against the State agency if the State agency has
declined or exhausted its appeal rights under section 2023 of
this title.
(2) Claims established under quality control system
To the extent that a State agency does not pay a claim
established under section 2025(c)(1) of this title, including an
agreement to have all or part of the claim paid through a
reduction in Federal administrative funding, within 30 days from
the date on which the bill for collection is received by the
State agency, the State agency shall be liable for interest on
any unpaid portion of such claim accruing from the date on which
the bill for collection was received by the State agency, unless
the State agency appeals the claim under section 2025(c)(7) of
this title. If the State agency appeals such claim (in whole or
in part), the interest on any unpaid portion of the claim shall
accrue from the date of the decision on the administrative
appeal, or from a date that is 1 year after the date the bill is
received, whichever is earlier, until the date the unpaid portion
of the payment is received. If the State agency pays such claim
(in whole or in part, including an agreement to have all or part
of the claim paid through a reduction in Federal administrative
funding) and the claim is subsequently overturned through
administrative or judicial appeal, any amounts paid by the State
agency shall be promptly returned with interest, accruing from
the date the payment is received until the date the payment is
returned.
(3) Computation of interest
Any interest assessed under this paragraph shall be computed at
a rate determined by the Secretary based on the average of the
bond equivalent of the weekly 90-day Treasury bill auction rates
during the period such interest accrues.
(4) Joint and several liability of household members
Each adult member of a household shall be jointly and severally
liable for the value of any overissuance of coupons.
(b) Collection of overissuances
(1) In general
Except as otherwise provided in this subsection, a State agency
shall collect any overissuance of coupons issued to a household
by -
(A) reducing the allotment of the household;
(B) withholding amounts from unemployment compensation from a
member of the household under subsection (c) of this section;
(C) recovering from Federal pay or a Federal income tax
refund under subsection (d) of this section; or
(D) any other means.
(2) Cost effectiveness
Paragraph (1) shall not apply if the State agency demonstrates
to the satisfaction of the Secretary that all of the means
referred to in paragraph (1) are not cost effective.
(3) Maximum reduction absent fraud
If a household received an overissuance of coupons without any
member of the household being found ineligible to participate in
the program under section 2015(b)(1) of this title and a State
agency elects to reduce the allotment of the household under
paragraph (1)(A), the State agency shall not reduce the monthly
allotment of the household under paragraph (1)(A) by an amount in
excess of the greater of -
(A) 10 percent of the monthly allotment of the household; or
(B) $10.
(4) Procedures
A State agency shall collect an overissuance of coupons issued
to a household under paragraph (1) in accordance with the
requirements established by the State agency for providing
notice, electing a means of payment, and establishing a time
schedule for payment.
(c) Food stamp intercept of unemployment benefits
(1) As used in this subsection, the term "uncollected
overissuance" means the amount of an overissuance of coupons, as
determined under subsection (b)(1) of this section, that has not
been recovered pursuant to subsection (b)(1) of this section.
(2) A State agency may determine on a periodic basis, from
information supplied pursuant to section 49b(b) of title 29,
whether an individual receiving compensation under the State's
unemployment compensation law (including amounts payable pursuant
to an agreement under a Federal unemployment compensation law) owes
an uncollected overissuance.
(3) A State agency may recover an uncollected overissuance -
(A) by -
(i) entering into an agreement with an individual described
in paragraph (2) under which specified amounts will be withheld
from unemployment compensation otherwise payable to the
individual; and
(ii) furnishing a copy of the agreement to the State agency
administering the unemployment compensation law; or
(B) in the absence of an agreement, by obtaining a writ, order,
summons, or other similar process in the nature of garnishment
from a court of competent jurisdiction to require the withholding
of amounts from the unemployment compensation.
(d) Recovery of overissuance of coupons
The amount of an overissuance of coupons, as determined under
subsection (b)(1) of this section, that has not been recovered
pursuant to such subsection may be recovered from Federal pay
(including salaries and pensions) as authorized by section 5514 of
title 5 or a Federal income tax refund as authorized by section
3720A of title 31.
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