WAG 06-02-04: Repayment of Benefits to U.S. Government

PM 06-02-04

Review a repatriate's ability to repay benefits as follows:

  1. (SUO/FCRC) At approval, determine the repatriate's ability to repay.

    A repatriate's ability to repay exists when the amount of resources expected to be available to them within a period of one year, exceeds their continuing needs.

    Review the type of resources and personal property and the method used in determining their value. Do not count any resources that are for a future contingency, such as life insurance. 

  2. (SUO/FCRC) Request that the person sign an ACF-120, Privacy Act Form and Repayment Agreement. Give the client a copy of the ACF-120.

    If an ACF-120 is unavailable, have the client complete a generic repayment agreement and explain their rights under the Privacy Act.

    NOTE: The client must complete an ACF-120, or generic repayment agreement, even if they do not have the ability to repay. 

  3. (SUO/FCRC) If you determine that the repatriate has the financial ability to repay:
    • inform the client of the decision and the basis for determining the amount to be repaid; and
    • discuss plans for repayment.
  4. (SUO/FCRC) Write a letter to the Repatriate Office of HHS explaining that the client has the ability to repay, and the repayment plan.
  5. (SUO/FCRC) Send the letter and the ACF-120 to the Repatriate Office of HHS.

    NOTE: If the repatriate assigns a claim to the U.S. Government, also send HHS a copy of pp 262, Assignment of Claim to United States. If this form is unavailable, have the client complete a generic promissory note. 

  6. (HHS) Once the case is canceled, the HHS central office:
    • notifies the repatriate of the amount of benefits paid, and
    • requests repayment.

      If benefits total $50 or more, repayment is desired. If the repatriate voluntarily wants to repay, advise them of the total amount spent in their behalf. 

  7. (Client) Repays by personal check, cashier's check, or money order. The repayment must contain enough identifying information to allow HHS to credit the repayment to the proper case.