CHAPTER 45
PAYMENT
[Ch 45, January 1974 IDR Supplement, renumbered as [770] Ch 42]
[Prior to 7/1/83, Social Services[770] Ch 45]
[Prior to 2/11/87, Human Services[498]]
DIVISION I
FAMILY INVESTMENT PROGRAM—CONTROL GROUP
[Rescinded IAB 2/12/97, effective 3/1/97]
441—45.1 to 45.20 Reserved.
DIVISION II
FAMILY INVESTMENT PROGRAM—TREATMENT GROUP
[Prior to 10/13/93, 441—45.1(239) to 45.7(239)]
441—45.21(239B) Address. Assistance warrants shall be mailed to the recipient’s current address or, upon request, to a post office box, bank, or to any other address which the recipient has good reason to request. If the recipient has a court-appointed conservator or guardian, assistance warrants shall be mailed to the conservator or guardian. Assistance may also be paid by direct deposit to the recipient’s own account in a financial institution or by means of electronic benefits transfer.
441—45.22(239B) Return. Assistance warrants are not forwardable. When warrants cannot be delivered by the post office, they shall be returned to the department.
441—45.23(239B) Held warrants. A warrant may be held by the department only in the following instances:
	45.23(1) The recipient’s whereabouts is unknown.
	45.23(2) The recipient is not in the home due to an emergency and it is not known who will be serving as emergency payee.
441—45.24(239B) Underpayment. A corrective payment shall be made when the recipient receives a payment in an amount less than that for which the recipient was eligible due to an administrative or client error or the recipient reports the completion of the federal tax return requiring repayment to Internal Revenue Service of excess advance earned income credit payments received in the prior calendar year.
	45.24(1) Attribution of underpayments.
	a. 	An underpayment may be attributed to the department as a result of one of the following circumstances:
	(1)	Misfiling or loss of forms or documents.
	(2)	Errors in typing or copying.
	(3)	Computer input errors.
	(4)	Mathematical errors.
	(5)	Failure to certify assistance in the correct amount when all essential information was available to the department.
	(6)	Failure to make prompt revisions in grants following changes in policies requiring the changes as of a specific date.
	b. 	An underpayment may be attributed to the client as a result of one of the following circumstances:
	(1)	Information reported in error, oral or written, regarding the client’s income, resources, or other circumstances which may affect eligibility or the amount of assistance received.
	(2)	Failure to timely report changes in income, resources, or other circumstances which may affect eligibility or the amount of assistance received.
	(3)	Rescinded IAB 12/11/02, effective 2/1/03.
	45.24(2) Conditions under which a retroactive corrective payment may be made.
	a. 	Retroactive corrective payments shall be made for all underpayments.
	b. 	Any retroactive corrective payment for which the recipient is eligible shall first be applied to any unpaid overpayment before the balance, if any, is paid to the recipient.
	c. 	Retroactive corrective payments shall be made for underpayments discovered on and after October 1, 1981, regardless of when the underpayment occurred. Recipients and former applicants and recipients are responsible for supplying any information needed to determine the amount of an underpayment.
	45.24(3) The amount of the corrective payment to the recipient for repayment to Internal Revenue Service of excess advance earned income credit payments shall be computed on the basis of the earnings considered in determining the family investment program grant for the prior year.
	45.24(4) A retroactive corrective payment is:
	a. 	Exempt from consideration as income.
	b. 	Exempt from consideration as a resource in the month received and the following month.
441—45.25(239B) Deceased payees. A retroactive corrective payment shall be made for deceased payees only when the payment was approved by the department before the recipient’s death. Payment for a special need shall be made only when the payment is entered on the automated benefit calculation system before the effective date of cancellation.
441—45.26(239B) Limitation on payment. A payment shall be made to an eligible recipient only when the amount of the assistance is $10 or more.
441—45.27(239B) Rounding of need standard and payment amount. The need standard and monthly payment amount must be rounded down to the next whole dollar when the result of determining the standard of need or the payment amount is not a whole dollar.
These rules are intended to implement Iowa Code sections 239B.2, 239B.3, and 239B.7.
[Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 3/1/79]
[Filed emergency 9/25/81—published 10/14/81, effective 10/1/81]
[Filed emergency 10/23/81—published 11/11/81, effective 11/1/81]
[Filed emergency 9/23/82—published 10/13/82, effective 10/1/82]
[Filed emergency 2/10/84—published 2/29/84, effective 2/10/84]
[Filed emergency after Notice 1/21/85, Notice 11/7/84—published 2/13/85, effective 2/1/85]
[Filed emergency 1/15/87—published 2/11/87, effective 1/15/87]
[Filed 2/17/88, Notice 12/30/87—published 3/9/88, effective 6/1/88]
[Filed 4/13/89, Notice 3/8/89—published 5/3/89, effective 7/1/89]
[Filed emergency after Notice 9/15/89, Notice 8/9/89—published 10/4/89, effective 10/1/89]
[Filed emergency 9/17/93—published 10/13/93, effective 10/1/93]
[Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94]
[Filed emergency 1/15/97—published 2/12/97, effective 3/1/97]
[Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97]
[Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00]
[Filed 11/18/02, Notice 10/2/02—published 12/11/02, effective 2/1/03]
[Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05]
[Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08]