A. To be eligible
for restored benefits, the household must have had its SNAP benefits wrongfully
delayed, denied, or terminated. Delay shall mean that an eligibility
determination was not accomplished within processing timeframe
standards.
B. A restoration of
benefits is warranted when a household has received fewer benefits than it was
eligible to receive due to:
1. An error by the
local office;
2. A court decision
overturning or reversing a disqualification for IPV; or
3. A determination by a court that the
household should have received more benefits than it received during a given
issuance period.
C. In
the event that a restoration is warranted, benefits shall be restored for not
more than twelve (12) months prior to whichever of the following occurred
first:
1. The date the local office was
notified, in writing or orally, by the household or by another person or agency
that a household received fewer benefits than it was eligible to
receive;
2. The date the local
office discovers through the normal course of business that an error occurred
which lead to the loss of benefits for a specific household; or,
3. The date the household requested a fair
hearing to contest the adverse action that resulted in the loss.
When determining the months for which a household may be
entitled to restorations, month one (1) shall be the month prior to the month
in which the error was discovered.
D. If the restoration is the result of a
judicial action, the amount to be restored shall be determined as follows:
1. If the judicial action is the first action
the household has taken to obtain a restoration of lost benefits, then benefits
shall be restored for a period of not more than twelve (12) months prior to the
date the court action was initiated.
2. If the judicial action is a review of an
action taken by the local office, the benefits shall be restored for a period
of no more than twelve (12) months prior to the first of either:
a. The date the local office was notified by
the household or by another person or agency in writing, or orally, of the
possible loss to the household, or,
b. The date the household requested a fair
hearing.
E.
In no case shall benefits be restored for more than twelve (12) months prior to
the date the local office is notified of, or discovers, the loss. Benefits
shall be restored even if the household is currently ineligible.
F. In the event that the State orders a
reduction or cancellation of benefits, those households whose allotments are
reduced or cancelled as a result of the enactment of those procedures are not
entitled to restoration of lost benefits. If the Secretary of Agriculture
directs the State to restore reduced or cancelled benefits, the local office
shall work promptly to issue such benefits.
4.702.2
Disputed Benefits
A. If a household does not agree with any
action taken by the local office to restore lost benefits or the amount of
benefits determined to have been lost, the household may request a fair hearing
within ninety (90) calendar days of the notice to the household of entitlement
to a restoration. If such a request is made before or during the time period
for which lost benefits are being restored, the local office will continue to
issue the under-issued benefits pending the decision of the fair hearing. Once
a final decision is reached, the local office shall restore benefits in
accordance with the decision.
B. If
the household requests a fair hearing to dispute the local office's
determination that the household is not eligible for restored benefits,
restored benefits for the period in question shall not be issued to the
household while awaiting the final agency decision.
4.702.3
Lost Benefits Due to Fraud
Reversal
Individuals disqualified for intentional Program
violation/fraud are not entitled to a restoration of any benefits lost during
the months they were disqualified unless the decision which resulted in
disqualification is subsequently reversed. For each month the individual was
disqualified, not to exceed twelve (12) months, the amount to be restored, if
any, shall be determined by comparing the allotment the household received with
the allotment the household would have received had the disqualified member
been allowed to participate. If the household received a smaller allotment than
it should have received, the difference equals the amount to be
restored.
Participation in an administrative disqualification hearing
(state or local) or referral for prosecution in which a person contests the
local office's assertion that the individual committed an intentional program
violation/fraud will be considered a request for restored benefits. If such a
person is found to have committed intentional program violation by the State
Department final agency decision and this decision is subsequently overturned
by a court of law, the restoration of benefits shall be calculated for a period
not to exceed twelve (12) months prior to the date of the original
administrative hearing.
4.702.4
Errors by the SSA Office
The local office shall restore to the household any benefits
lost as the result of an error by the local office or by the SSA through joint
processing.
Benefits shall be restored back to the date of a client's
release from a public institution if, while in the institution, the client
jointly applied for SSI and SNAP, but the local office was not notified on a
timely basis of the client's release.
Notes
10 CCR 2506-1-4.702
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
