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ESA SNAP Policy Manual 252 23.3 Liability of Recipient Claims The following individuals are responsible for paying a claim: Each person who was an adult member of the household when the overpayment or trafficking occurred: The primary informant may not be held “automatically” responsible for trafficking the household’s benefits if there is no direct evidence identifying them as the guilty party. However, the primary informant may be held responsible when sufficient circumstantial evidence shows their complicity in the violative act. Complicity in this case means that even though the primary informant may not have actually conducted the transaction, upon questioning, there is convincing evidence that they were aware of it, may have benefited and took no actions to correct it. Complicity may be shown by establishing a clear pattern of misuse over time with the primary informant not providing a reasonable explanation and never reporting a loss/theft of the EBT card or benefits. A sponsor of a noncitizen household if the sponsor is at fault. A person connected to the household, such as an authorized representative, who causes an overpayment: This includes when a drug addiction and alcohol treatment facility or other group living arrangement acts as the authorized representative. A person connected to the SNAP household, such as an authorized representative, who actually traffics: This includes when a drug addiction and alcohol treatment facility or other group living arrangement acts as the authorized representative. 23.4 Offset of Recipient Claims An offset occurs any time a household is entitled to receive a restoration of lost benefits and there is an outstanding recipient claim. The amount of restoration the household is entitled to receive must be applied toward repayment of the claim. The household may receive the balance of the benefits after the claim has been paid in full. An automated offset will not occur for the current month because this is considered a supplemental benefit. 23.4.1 Compromise A SNAP claim may be reduced in full or in part if the claimant is unable to repay the full claim within a three-year period. 23.4.1.1 Requesting a Compromise A SNAP claimant may request a compromise at any time after a claim is established, but only one compromise will be granted per claim. Once OPU grants a compromise, future requests for a compromise will be denied. The request must be directed to the ESA office or personnel listed in the customer’s demand letter. 23.4.1.2 What Claims May Be Compromised A SNAP claim may be reduced through compromise if the claim cannot be repaid within three years. Return