CHILD CARE MANUAL

2040.000.05 Legal Basis

Missouri Revised Statutes, Section 208.210 and Section 205.967, establishes the responsibility an individual has to report property and income, and the right of the state to recover overpayments of any benefits paid when the participant or his/her spouse is in possession of such undeclared property or income. The overpayment(s) shall be recoverable by the Department of Social Services (DSS) as a debt due to the state.

13 CSR 40-2.190 states restitution and recovery may be required if at any time it is determined that a participant has received benefits to which s/he was not entitled because of a state or federal statutory or regulatory requirement.

The purpose of the Claims Accounting and Restitution System (CARS) is to recover benefits an Eligibility Unit was not entitled to receive. Benefits received in error may be due to either participant or agency error.