Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.495 - Unintentional Program Violations

(A) Inadvertent Household Error. A claim shall be considered to be an inadvertent household error claim if the overissuance was caused by a misunderstanding or unintended error on the part of the household. Inadvertent household error includes, but is not limited to, instances in which the household:

(B) Agency Error. A claim shall be considered to be an agency error if the overissuance was caused by a Department action or failure to act. Department errors which result in a claim include, but are not limited to, instances where the Department:

(C) Non-claim Situations. A claim for overissuance shall not be established when an overissuance has solely occurred as a result of the Department's failure to ensure that the household signed the application form or completed a work registration form.

(D) Calculating the Amount of an Unintentional Program Violation Claim. The amount of an overissuance claim due to an unintentional program violation is determined by calculating the difference between the amount of benefits actually received and the amount the household was entitled to receive during the time period at issue.

If the household received excess benefits because it unintentionally failed to report a change in circumstances, the first month of overissuance shall be the month the change would have been effective had it been acted upon on time.

If the Department did not act timely on a reported change, the first month of overissuance shall be the first month the change would have been effective if it were reported on time. In no event shall the Department determine the month the change would have been made effective to be more than two months from the month in which the change occurred. If a notice of adverse action was required, but not provided, for the purpose of calculating the claim, the Department shall assume the maximum advance notice period would have expired without the household's requesting a fair hearing.

(E) Collecting Claims for Unintentional Program Violation.

(F) Compromising Claims. If the amount of the claim cannot be paid in full within three years without creating a financial hardship for the household, the Department may compromise the claim by reducing it to an amount that will allow the household to pay the claim within three years. The Department shall not compromise below the amount which could be collected through automatic benefit reduction ($10 or 10%, whichever is greater).

(G) Failure to Make Payments. If a household has signed a repayment agreement for an overissuance due to inadvertent household error, and then fails to meet the payment schedule, the Department shall notify the household that unless payment is made or the agreement is renegotiated due to a change in circumstances, the next scheduled allotment shall be reduced by the greater of 10% of the allotment or $10.

If a household requests renegotiation of its repayment agreement but the Department does not find that the household's circumstances have changed enough to warrant renegotiation, allotment reduction shall be initiated or continued, without further notice unless payment is made.

(H) Suspending Collection. An unintentional program violation claim may be suspended if no collection action has been taken because the claim is collected through offset, or the claim is less than $125 or the minimum recovery threshold established by the Department, whichever is higher, unless the household is currently receiving SNAP benefits. If the claim is for an inadvertent household error, the household is no longer participating and at least one claim demand letter has been sent, further collection may be suspended, at the Department's discretion, when:

(I) Terminating Collection. A claim shall be determined uncollectible after three years in a suspended status.

(J) Postponing Collection. Collection shall be postponed when the household is being referred for possible prosecution at an Administrative Disqualification Hearing, or a court of appropriate jurisdiction, on the same or related issues. Postponement shall also occur if a legal representative prosecuting the household advises in writing that collection action will prejudice the case.

(K) Changes in Household Composition. Collection action shall be initiated against any or all of the adult members of a household at the time an overissuance occurred. Therefore, if a change in household composition occurs, the Department may pursue collection action against any household that has a member who was an adult member of the household that received the overissuance. The Department may also offset the amount of the claim against restored benefits owed to any household that contains a member who was an adult member of the original household at the time the overissuance occurred. The Department may not, under any circumstances, collect more than the amount of the claim. In pursuing claims, the Department may use any of the appropriate methods of collecting payments.