10 CCR 2506-1-4.703 - CALCULATING LOST BENEFITS

After correcting the loss for future months and excluding those months which occurred prior to the twelve (12) month restriction, the following method will be used to calculate the amount of benefits to be restored:

A. If the household was eligible but received an incorrect allotment, the loss of benefits shall be calculated only for those months the household participated. If the loss was caused by an incorrect delay, denial, or termination of benefits, the month the loss initially occurred will be calculated as follows:

1. If an eligible household's application was erroneously denied, the month the loss initially occurred shall be the month of application or for an eligible household filing a timely reapplication, the first month of the new certification period.

2. If an eligible household's application was delayed, the months for which benefits may be lost shall be calculated.

3. If a household's benefits were erroneously terminated, the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous action.

B. After computing the date the loss initially occurred, the loss shall be calculated for each month subsequent to that date until either the first month the error is corrected or the first month the household is found ineligible, not to exceed twelve (12) months prior to the date the loss was discovered.

Notes

10 CCR 2506-1-4.703

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