Current through Vol. 42, No. 1, September 16, 2024
(a)
Worker responsibility. A worker is responsible for restoring lost
Supplemental Nutrition Assistance Program (SNAP) food benefits to the household
when food benefits were lost because of an Oklahoma Department of Human
Services (DHS) error, per Section 273.17 of Title 7 of the Code of Federal
Regulations (
7 C.F.R. §
273.17) . SNAP food benefits are restored for
not more than 12 months prior to the:
(1)
month the worker receives a request to restore lost food benefits from the
household in writing or verbally;
(2) month the worker is notified or discovers
the loss occurred in the normal course of business;
(3) date the household requested a fair
hearing to contest the adverse action that resulted in the loss; or
(4) date the household initiated court
action.
(b)
Disputed benefits.
(1) When the
worker determines a household is entitled to restoration of lost food benefits
but the household does not agree with the amount to be restored, the household
may request a fair hearing. When the household requests a fair hearing:
(A) prior to or at the time lost food
benefits are restored, the amount restored to the household is the amount
determined by the worker pending results of the fair hearing; and
(B) the worker restores the lost food
benefits in accordance with the fair hearing decision, when the decision is
favorable to the household.
(2) When the household notifies the worker
that it is entitled to restoration of lost benefits and the worker, after
reviewing the case record does not agree, the household has 90-calendar days
from the date the worker notifies the household of his or her decision to
request a fair hearing. The worker restores lost benefits to the household only
when the fair hearing decision is favorable to the household.
(c)
Computing amount to be
restored. After correcting the loss for future months and excluding the
months benefits may have been lost prior to the 12-month time limit, the worker
calculates the amount to be restored. The worker computes lost food benefits
beginning with the month the loss initially occurred and ending with the first
month the error is corrected or the first month the household is determined to
be ineligible.
(1) When the household was
determined eligible, but received an incorrect food benefit allotment, the
worker calculates the lost food benefits only for the months the household
participated in SNAP.
(2) When an
eligible household's application was erroneously denied, the month the loss
initially occurred is the application month. For a timely filed certification
renewal, the initial loss occurs the month following the expiration of its
certification period.
(3) When an
eligible household's application is delayed, the worker calculates lost food
benefits, per Oklahoma Administrative Code
340:50-9-4.
(4) When a household's benefits were
incorrectly closed, the month the loss initially occurred is the first month
benefits were not received because of the incorrect closure.
(5) When there is not enough information in
the household's case record to determine the correct benefit amount, the worker
requests information from the household to determine eligibility for those
months. When the household cannot provide the information needed to determine
eligibility, the household is considered ineligible for the lost food
benefits.
(d)
Offsetting claims. When the household has an unpaid overpayment or
an overpayment held in suspense, the amount to be restored is offset against
the overpayment amount. The balance, if any, is restored to the household.
Benefits received at initial certification or because of retroactive
certification are not used to offset claims against a household.
(e)
Lost benefits to persons
disqualified for an intentional program violation (IPV). The worker
restores lost food benefits for months the person was disqualified for an IPV
only when the disqualification decision is subsequently overturned or reversed,
per
7 C.F.R. §
273.17(e). A person is not
entitled to restoration of lost benefits for the disqualification period based
solely on the fact that a criminal conviction could not be obtained, unless the
person successfully challenged the disqualification in a separate court action.
(1) For each month the person was
disqualified, the amount to be restored, if any, is the difference between the
food benefit allotment the household received and the food benefit allotment
the household would have received if the disqualified member was allowed to
participate in SNAP.
(2) The lost
benefit restoration period cannot exceed 12 months prior to the date DHS was
notified or discovered a loss occurred.
(f)
Method of restoration. The
worker restores benefits equal to the amount of benefits that were lost even
when the household is not currently eligible for food benefits. The amount
issued is in addition to the food benefit allotment currently eligible
households are entitled to receive.
Amended at 9 Ok Reg
3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended
at 18 Ok Reg 2079, eff 7-1-01; Amended at 25 Ok Reg 937, eff
6-1-08
