New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 4 - Services to Individuals
Part 387 - Supplemental Nutrition Assistance Program
Section 387.18 - Restoration of lost benefits

(a) Whenever a loss was caused by an administrative error, or by an administrative disqualification for an intentional program violation which was subsequently reversed, such household shall have their benefits restored.

(b) Benefits shall be restored, even if the household is currently ineligible, for a period of not more than 12 months prior to the month the under-issuance is discovered.

(c) The amount of restored lost benefits shall be in the amount of the benefits lost, and in addition to the allotment currently eligible households are entitled to receive.

(d) The computation of the amount of restored benefits shall be made according to instructions issued by the department.

(e) The case record shall be documented to indicate the method used in calculating the lost benefits and the reason why lost benefits are to be restored.

(f) If a claim against a household is unpaid, suspended or terminated, as provided for in section 387.19 of this Part, the amount of the food stamp benefit to be restored must be offset against the amount due on the claim before the balance, if any, is restored to the household. However, at certification, the initial allotment of food stamps must not be reduced to offset claims, even it the initial allotment is paid retroactively.