Classification of Claims

Claims shall be classified as follows: A. “Agency Error Claims” - A claim shall be handled as an agency error claim if the over-issuance is caused by an error on the part of the local office. Instances that may result in an agency error claim include, but are not limited to, the following: 1. The local office failed to take prompt action on a change reported by the household; 2. The local office incorrectly computed the household's income or deductions, or otherwise assigned an incorrect allotment; 3. The local office continued to provide a household SNAP benefits after its certification period expired without a recertification of eligibility. 4. The local office failed to provide a household a reduced level of SNAP benefits when its PA grant changed. B. “Inadvertent Household Error Claims” - A claim shall be handled as an inadvertent household error claim if the over-issuance was caused by a misunderstanding or unintentional error on the part of the household. Instances that may result in an inadvertent household error claim include, but are not limited to, the following: 1. The household unintentionally failed to provide the local office with correct or complete information. 2. The household unintentionally failed to report changes in its household circumstances. 3. The household unintentionally received benefits or more benefits than it was entitled to receive pending a fair hearing decision because the household requested a continuation of benefits based on the mistaken belief that it was entitled to such benefits. 4. The household was receiving SNAP solely because of basic categorical eligibility and the household was subsequently determined ineligible for Colorado Works (CW) or Social Security Income (SSI) during the time that the benefits were being received. The claim must be based on a change in net income and/or household size. 5. The SSA failed to take action that resulted in the household's basic categorical eligibility and improper receipt of SSI. The claim must be based on change in net income and/or household size. C. “Intentional Program Violation (IPV) /Fraud Claims” - A claim shall be handled as an IPV/fraud claim only if: 1. An administrative disqualification hearing (ADH) official or a court of appropriate jurisdiction has found a household member has committed an IPV or fraud; or, 2. A signed waiver of ADH is received; or 3. A signed disqualification consent agreement has been obtained. Prior to a waiver or consent agreement being signed or the determination of IPV/fraud, the claim against the household shall be handled as an inadvertent household error claim.