An interim assistance agreement must be in effect between us and the State if we are to repay the State for interim assistance. The following requirements must be part of the agreement:

(a) SSA to repay the State. We must agree to repay the State for interim assistance it gives you. Repayment to the State takes priority over any underpayments due you (see §§416.525 and 416.542).

(b) State to pay any excess repayment to you. The State must agree that, if we repay it an amount greater than the amount of interim assistance it gave to you, the State will—

(1) Pay the excess amount to you no later than 10 working days from the date the State receives repayment from us; or

(2) Refund the excess amount to us for disposition under the rules in subpart E of the this part on payment of benefits if the State cannot pay it to you (for example, you die or you move and the State cannot locate you).

(c) State to notify you. The State must agree to give you written notice explaining—

(1) How much we have repaid the State for interim assistance it gave you;

(2) The excess amount, if any, due you; and

(3) That it will give you an opportunity for a hearing if you disagree with State's actions regarding repayment of interim assistance.

(d) Duration of the agreement. We and the State must agree to the length of time that the agreement will remain in effect.

(e) State to comply with other regulations. The State must agree to comply with any other regulations that we find necessary to administer the interim assistance provisions.