The Department shall administer this program fairly to the end that all eligible persons who apply for assistance shall receive aid promptly, with due consideration for the needs of the Applicant/Recipient and the safeguard of public funds.
(a) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of eligibility, continuing eligibility and grant.
(b) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be responsible for reporting accurately and completely all facts required of him or her pursuant to subdivision (a) and for reporting promptly any changes of those facts.
(c) Any person who makes full and complete disclosure of those facts as explained to him or her pursuant to subsection (a) is entitled to rely upon the aid granted as being accurate, and the warrant he or she receives as correctly reflecting the grant award except as provided in subsections (d), (e), and (f).
(d) Overpayment due to an Applicant or Recipient’s negligent failure to report facts required by this Article VII or department regulations may be recouped by deducting from the current grant not more than 10% until the overpayment is collected in full.
(e) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts required by this Article VII or Department regulations (“Fraud”) shall be recouped by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs until collected in full, following discovery of overpayment.
(f) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts as required by this Article or department regulations (“Fraud”) shall result in immediate discontinuance of aid subject to fair hearing procedures in Section 20.7-45
of this Article VII
. The case shall be referred to the Special Investigation Unit of the Department. Any aid granted under such circumstances shall be offset against any future aid by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs.
(As Sec. 20.59.10, amended by Ord. 271-81, App. 5/21/81; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-38 and amended by Ord. , File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. , File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
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