Households Disputing Restoration of Lost Benefits
A. The household has the right to appeal through the fair hearing process if the household disagrees with any action taken to grant or restore lost benefits. B. If the local office has determined that a household is entitled to restoration of lost benefits but the household is appealing some action in calculating or restoring the lost benefits, the household shall receive the lost benefits as determined by the local office, pending the hearing results. Once a final agency decision is reached, the local office shall comply with that decision. C. To be eligible for restored benefits, the household shall have had its SNAP benefits wrongfully delayed, denied, or terminated. The term denial shall include the situation where, through certification office error, the net income was larger than required under proper determination, and because of this improperly set net income, the household was unable to get the full allotment for which it was eligible. Delay shall mean that eligibility determination was not accomplished within the prescribed time limits set forth in Section 4.205.2.