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 387.19 - Claims against households

(i) direct payment;

(ii) reducing the allotment of the household as provided in paragraph (5) of this subdivision;

(iii) withholding amounts from unemployment compensation from a member of the household, provided State computer supports are in place;

(iv) recovering from Federal pay or a Federal income tax refund, provided State computer supports are in place; or

(v) any other means as directed by the State.

Social services districts may use additional means to collect overissuances provided such means are cost effective and do not violate any other provisions of this Part.

(i) Social services districts may suspend collection action on an inadvertent household or administrative error claim if no collection action was initiated because of one of the following conditions:

(ii) The collection of an inadvertent household error claim against a non-participating household or the collection of any administrative error claim may be suspended if collection action has already been initiated and at least one demand letter has been sent and:

(i) A social services district may suspend collection action on an intentional program violation claim at any time if it has documentation that the household cannot be located.

(ii) The collection of any intentional program violation claim against a non-participating household may be suspended if the cost of further collection action is likely to exceed the amount that can be recovered and demand letters have been sent as follows:

(i) for an inadvertent household error or an administrative error as defined in section 387.1 of this Part - 10 percent of the household's monthly allotment or $10 per month, whichever is greater; and

(ii) for an intentional program violation as defined in section 387.1 of this Part - 20 percent of the amount the household would have received if the household member(s) had not been disqualified or $10 per month, whichever is greater.

(i) For each month that a household received an overissuance due to an inadvertent household error or administrative error, the social services district which issued the food stamps must determine the correct amount of food stamp benefits the household was entitled to receive. The amount of the inadvertent household or administrative error claim must be calculated based on the amount of the overissuance which occurred during the 12 months preceding the date the overissuance was discovered. In cases involving reported changes, the social services district must determine the month the overissuance initially occurred as follows:

(ii) If the household received a larger allotment than it was entitled to receive, the social services district must establish a claim against the household equal to the difference between the allotment the household received and the allotment the household should have received.

(iii) After calculating the amount of the inadvertent household or administrative error claim, the social services district must offset the amount of the claim against any amounts which have not yet been restored to the household. The social services district must then initiate collection action for the remaining balance, if any.

(i) For each month that a household received an overissuance due to an act of intentional program violation, the social services district must determine the correct amount of food stamp benefits, if any, the household was entitled to receive. The amount of the intentional program violation claim must be calculated retroactive to the month the act of intentional program violation occurred, regardless of the length of time that elapsed until the determination of intentional program violation was made. However, the social services district must not include in its calculation any amount of the overissuance which 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 intentionally failing to report a change in its household's circumstances, the first month affected by the household's failure to report is the first month in which the change would have been effective had it been reported.

(ii) If the household received a larger allotment than it was entitled to receive, the social services district must establish a claim against the household equal to the difference between the allotment the household received and the allotment the household should have received.

(iii) When determining the amount of benefits the household should have received, the social services district must not apply the 20 percent earned income deduction to that portion of the earned income which the household intentionally failed to report.

(iv) Once the amount of the intentional program violation claim is established, the social services district must offset the claim against any amount of lost benefits that have not yet been restored to the household.