# 89 Ill. Adm. Code 359.10: Section 359.10 Overpayments and Repayments

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_10

## Section

- **Citation:** 89 Ill. Adm. Code 359.10
- **Heading:** Section 359.10 Overpayments and Repayments
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES / Part 359 AUTHORIZED CHILD CARE PAYMENTS / Section 359.10 Overpayments and Repayments

## Text

Section 359
Section 359.10  Overpayments
and Repayments
a)         When an overpayment for a service occurs, the Department will
seek to recover the amount overpaid in the following ways:
1)         The Department will deduct the amount of the overpayment from
future payments to the service provider or from youth who receive their own
payments.  The Department will provide advance written notice to the service
provider of the youth of the amount of the deduction.
2)         If the service provider or youth are no longer receiving
payments from the Department, the Department will request in writing repayment
of the amount that was overpaid.
b)         The Department seeks to recover an overpayment through
deduction from future payments.  In determining the amount of the monthly
repayment, the Department will take into account the ability of providers to
repay the amount without adversely affecting the provider's ability to provide
proper care to the children in their care.  Criteria will be based on their
income, expenses and family size.  The Department will take into account the
ability of youth to repay without adversely affecting their ability to meet
basic living expenses such as rent, food and clothing.
c)         When the Department seeks to recover an overpayment from
providers who are no longer providing a service to the Department or from youth
who are no longer receiving payments, it will take into account their ability
to repay based on their income, expenses and family size.
d)         When providers or youth, who no longer receive payments from
the Department, refuse to repay overpaid amounts and the Department has made a
reasonable effort to recover the amount, the Department will refer the matter
to the State Comptroller and the Attorney General.

## Nearby sections

- [89 Ill. Adm. Code 359.1 Section 359.1  Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_1.md)
- [89 Ill. Adm. Code 359.2 Section 359.2  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_2.md)
- [89 Ill. Adm. Code 359.3 Section 359.3  Introduction](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_3.md)
- [89 Ill. Adm. Code 359.4 Section 359.4  Payments for Substitute Care Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_4.md)
- [89 Ill. Adm. Code 359.5 Section 359.5  Payments for Family Preservation and Auxiliary Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_5.md)
- [89 Ill. Adm. Code 359.6 Section 359.6  Payments for Independent Living Arrangements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_6.md)
- [89 Ill. Adm. Code 359.7 Section 359.7  Payments for Children's Personal and Physical Maintenance](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_7.md)
- [89 Ill. Adm. Code 359.8 Section 359.8  Payments for Unmarried Mothers (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_8.md)
- [89 Ill. Adm. Code 359.9 Section 359.9  Payments for Medical Care](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_9.md)
- [89 Ill. Adm. Code 359.10 Section 359.10  Overpayments and Repayments](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_10.md)
- [89 Ill. Adm. Code 359.11 Section 359.11  Limitation on Federal Financial Participation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P359_S359_10. Check the current official text before relying on it. Not legal advice.