Vermont § 122 - Recovery of payments

§ 122. Recovery of payments

• (a) The amount of assistance or benefits may be changed or cancelled at any time if the
  Commissioner for Children and Families or the Commissioner of Vermont Health Access
  finds that the recipient’s circumstances have changed. Upon granting assistance or
  benefits the Department for Children and Families or the Department of Vermont Health
  Access shall inform the recipient that changes in his or her circumstances must be
  promptly reported to the Department. (b) When on the death of a person receiving assistance it is found that the recipient
  possessed income or property in excess of that reported to the Department for Children
  and Families or the Department of Vermont Health Access, up to double the total amount
  of assistance in excess of that to which the recipient was lawfully entitled may be
  recovered by the Commissioner for Children and Families or the Commissioner of Vermont
  Health Access as a preferred claim from the estate of the recipient. The Commissioner
  for Children and Families or the Commissioner of Vermont Health Access shall calculate
  the amount of the recovery by applying the legal interest rate to the amount of excess
  recovery paid, except that the recovery shall be capped at double the excess assistance
  paid. (c) When the Commissioner for Children and Families or the Commissioner of Vermont Health
  Access finds that a recipient of benefits received assistance in excess of that to
  which the recipient was lawfully entitled, because the recipient possessed income
  or property in excess of Department standards, the Commissioner for Children and Families
  or the Commissioner of Vermont Health Access may take actions to recover the overpayment. (d) In the event of recovery, an amount may be retained by the Commissioner for Children
  and Families or the Commissioner of Vermont Health Access in a special fund for use
  in offsetting program expenses and an amount equivalent to the pro rata share to which
  the United States of America is equitably entitled shall be paid promptly to the appropriate
  federal agency. (Added 1967, No. 147, § 1; 1997, No. 155 (Adj. Sess.), § 20; amended 2005, No. 174 (Adj. Sess.), § 73; 2009, No. 156 (Adj. Sess.), § I.39.)