To the extent permitted by the Food Stamp Act of 1977, as amended, and federal regulations adopted thereunder, the department of health and human services shall terminate or waive any claim to reimbursement for the overpayment of food stamps if the overpayment was the result of department error and:
   I. The amount of the overpayment is not more than $450; or
   II. The recipient's income is less than or equal to 2 times the federal poverty level.
Source. 2006, 85:1; for effective date, see contingent 2006 amendment note set out below.