Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions
Section 366.520 - Computing the Amount to be Restored
Universal Citation: 106 MA Code of Regs 106.366
Current through Register 1531, September 27, 2024
(A) Months of Restoration. Except when benefits are restored as the result of the reversal of a fraud disqualification penalty, benefits shall be restored for not more than 12 months prior to whichever of the following occurred first:
(1) the month
the household or another person or agency notified the Department verbally or
in writing of the possible loss of benefits;
(2) the month the Department discovered that
a loss has occurred; or
(3) the
date the household requested a fair hearing to contest the adverse action that
resulted in the loss.
(B) Computing the Amount to be Restored.
(1) If an incorrect
allotment caused the loss to an eligible household, the loss of benefits shall
be calculated only for those months the household participated. The Department
shall calculate the allotment the household was eligible to receive during the
months of entitlement. The amount to be restored is the difference between the
actual allotment and the allotment the household was eligible to
receive.
(2) If an incorrect
denial, delay or termination of benefits caused the loss, the months affected
by the loss are calculated as follows:
(a) If
an eligible household's application was erroneously denied, benefits will be
restored back to the month of application. For an eligible household filing a
timely reapplication, benefits shall be restored back to the month following
the expiration of its certification period;
(b) If an eligible household's application
was delayed, the months for which benefits will be restored shall be calculated
in accordance with
106 CMR
361.900 through
361.960;
and
(c) If a household's benefits
were erroneously terminated, benefits will be restored back to the first month
in which benefits were not received as a result of the erroneous action. 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.
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