Temporary Assistance/Case Management Manual

0305.005.00 Legal Basis

RSMo 208.210 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 Family Support Division 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

RSMo 208.024 places restrictions on the use of Temporary Assistance (TA) benefits issued on an EBT card in specified establishments and for items primarily marketed for or used by adults 18 or older and/or is not in the best interest of the child or household. TA participants who make a purchase in violation of this section must reimburse the Department of Social Services.

The purpose of the Claims and Recovery System is to recover benefits an individual received in error because of undeclared income or property, or inappropriate use of benefits. Benefits received in error may be due to either non-reporting of income or property, or due to agency error.  Benefits used inappropriately may be due to using the EBT card at a restricted establishment or using the benefits for an inappropriate purchase.