Section 10.300  Recovery of Assistance

a)         By means of claims against the estates of deceased recipients and the estates of their deceased spouses and liens against recipients' real property interests, the Department has a statutory right to recover assistance provided to or in behalf of recipients according to the terms prescribed in this Section.

b)         The Department shall effect its recoveries by one of the following actions:

1)         Acceptance of an amount, as settlement, equal to the estimated amount that would be collected if the estate were administered or the lien foreclosed;

2)         Administration of the estate; or

3)         Foreclosure of the lien.

c)         When the Department has both an estate claim and a real property lien, collection of the claim and lien shall be by one action.