Eligibility for Restoration of Lost Benefits

A. To be eligible for restored benefits, the household must have had its SNAP benefits wrongfully delayed, denied, or terminated. Delay shall mean that an eligibility determination was not accomplished within processing timeframe standards. B. A restoration of benefits is warranted when a household has received fewer benefits than it was eligible to receive due to: 1. An error by the local office; 2. A court decision overturning or reversing a disqualification for IPV; or 3. A determination by a court that the household should have received more benefits than it received during a given issuance period. C. In the event that a restoration is warranted, benefits shall be restored for not more than twelve

(12) months prior to whichever of the following occurred first: 1. The date the local office was notified, in writing or orally, by the household or by another person or agency that a household received fewer benefits than it was eligible to receive; 2. The date the local office discovers through the normal course of business that an error occurred which lead to the loss of benefits for a specific household; or, 3. The date the household requested a fair hearing to contest the adverse action that resulted in the loss. When determining the months for which a household may be entitled to restorations, month one (1) shall be the month prior to the month in which the error was discovered. D. If the restoration is the result of a judicial action, the amount to be restored shall be determined as follows: 1. If the judicial action is the first action the household has taken to obtain a restoration of lost benefits, then benefits shall be restored for a period of not more than twelve (12) months prior to the date the court action was initiated. 2. If the judicial action is a review of an action taken by the local office, the benefits shall be restored for a period of no more than twelve (12) months prior to the first of either: a. The date the local office was notified by the household or by another person or agency in writing, or orally, of the possible loss to the household, or, b. The date the household requested a fair hearing. E. In no case shall benefits be restored for more than twelve (12) months prior to the date the local office is notified of, or discovers, the loss. Benefits shall be restored even if the household is currently ineligible. F. In the event that the State orders a reduction or cancellation of benefits, those households whose allotments are reduced or cancelled as a result of the enactment of those procedures are not entitled to restoration of lost benefits. If the Secretary of Agriculture directs the State to restore reduced or cancelled benefits, the local office shall work promptly to issue such benefits.