Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 367.000 - Supplemental Nutrition Assistance Program: Violations Hearings And Claims
Section 367.500 - Intentional Program Violation Claim
Current through Register 1531, September 27, 2024
A claim for overissuance shall be pursued as an intentional program violation claim if an Administrative Disqualification Hearing, or a court of appropriate jurisdiction, has found that a household member committed an intentional program violation, or if the individual has filed a signed waiver of his or her right to an Administrative Disqualification Hearing or entered into a consent agreement with the court. All claims established under the Food Stamp Act and future claims shall be collected in accordance with 106 CMR 367.500.
(A) Calculating the Amount of an Intentional Program Violation Claim. The amount of an overissuance claim due to an intentional program violation is determined by calculating the difference between the amount actually received and the amount the household should have received during the time period at issue. When determining the amount of benefits the household should have received, the Department shall not apply the 20% earned income deduction to that portion of earned income which the household intentionally failed to report. The Department shall not include any portion of an overissuance that occurred in a month more than six years from the date the overissuance was discovered.
If the household member is determined to have committed an intentional program violation by knowingly, willfully, and with deceitful intent failing to report a change in its household circumstances, the first month benefits were overissued shall be the first month the change would have been made effective had it been reported on time.
(B) Collection of Intentional Program Violation Claim.
(C) Suspending Collection of a Claim Due to an Intentional Program Violation. Collection action shall be suspended at any time the household is no longer participating in SNAP and there is documentation that:
(D) Terminating Collections. A claim shall be determined uncollectible after three years in a suspended status.
(E) Changes in Household Composition. If the household composition has changed since the overissuance occurred, collection action shall be initiated against any or all of the adult members of a household at the time an overissuance occurred. 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.