DCF 120.085(1)(a)(a) The department shall recover an overpayment of emergency assistance from the emergency assistance group that was overpaid if the department determines that the overpayment resulted from a misrepresentation by a group member regarding any fact that had an effect on the group’s eligibility for, or the amount of, the emergency assistance granted. DCF 120.085(1)(b)(b) The department shall send a notice of the overpayment determination to the emergency assistance group’s address as it appears on the records of the department. The notice shall include the amount and reason for the overpayment and the opportunity for a hearing under ch. 227, Stats. A request for a hearing shall be in writing and received at the address provided on the notice within 30 days after the date printed on the notice. DCF 120.085 NoteNote: Neither s. 49.138 (4) (a) nor 49.195 (3), Stats., authorize a review by the W-2 agency. DCF 120.085(1)(c)(c) The department shall attempt to recover the overpayment by entering a repayment agreement with the emergency assistance group. If the department does not receive the group’s payment on the debt by the due date 3 times over the life of the repayment agreement, the debt shall be considered delinquent. DCF 120.085(1)(d)(d) If a debt is delinquent under par. (c), no appeal rights are pending, and the time for requesting a hearing has expired, the department may recover the overpayment in any of the following ways: DCF 120.085(1)(d)1.1. Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats. DCF 120.085(2)(a)(a) The department shall recover an overpayment of emergency assistance from a W-2 agency if the department determines that the overpayment is the result of an error made by the agency. DCF 120.085(2)(b)(b) The department shall provide notice of the overpayment determination to the W-2 agency with notice that the department will be offsetting the overpayment amount from any payments otherwise due to the W-2 agency under s. 49.143, Stats. The notice shall be provided at least 30 days prior to the offset. DCF 120.085(2)(c)(c) The W-2 agency may request a review of the overpayment determination following the dispute resolution procedures in the agency contract with the department under s. 49.143, Stats. DCF 120.085(2)(d)(d) If the department’s initial attempt at recovery of the overpayment under par. (b) is unsuccessful, the department may use any of the following collection methods: DCF 120.085(2)(d)1.1. Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats. DCF 120.085(3)(3) Limit on liability. Liability for overpayments shall be limited to the following: DCF 120.085(3)(a)(a) One year after the W-2 agency or the department discovers an administrative error. DCF 120.085(3)(b)(b) Six years after the W-2 agency or the department discovers a client error. DCF 120.085 HistoryHistory: CR: 23-073: cr. Register September 2024 No. 825, eff. 10-1-24; correction in (2) (d) 2. made under s. 35.17, Stats., Register September 2024 No. 825. DCF 120.09(1)(1) In determining the emergency assistance group’s total need, the agency shall consider the social service needs of the group and make appropriate referrals to assist the group in meeting those needs. DCF 120.09(2)(2) Social service needs include but are not limited to the need for: DCF 120.09 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99.