205.211 Secretary to correct any underpayment or overpayment of public
193 words·~1 min read·
/ky/205-211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
assistance benefits.
(1)Except as otherwise provided by law, the secretary may, in accordance with the
regulations he may prescribe and to the extent permitted by federal law, take all
necessary steps to correct any underpayment or overpayment of public assistance
benefits under this chapter.
(2)Recovery of overpayments by the secretary may be accomplished through
repayment, reduction of future public assistance benefits, or by civil action in the
Circuit or District Court depending upon the jurisdictional amount involved.
(3)No reduction in future benefits or civil action shall be instituted except after notice
and an opportunity for a fair hearing have been given and the administrative and
judicial remedies provided by this chapter have been either exhausted or abandoned.
(4)For purposes of this section, overpayment shall include payments made to or in
behalf of an eligible person in excess of the amount of public assistance benefits to
which they are entitled as defined by regulation, payments made to ineligible
persons and payments made to persons pending a fair hearing decision or court
decision.
(5)Nothing in this section shall be construed to prohibit criminal prosecution for fraud
under any other statute.