9011.1 Entitlement

Restore to households benefits which were lost whenever the loss was caused by an error by the Division or by an administrative disqualification for intentional Program violation which was subsequently reversed as specified in DSSM 9011.5, or if there is a statement elsewhere in the regulations specifically stating that the household is entitled to restoration of lost benefits. Benefits will be restored for not more than twelve months prior to whichever of the following occurred first: 1. The date DSS receives a request for restoration from a household; or 2. The date DSS is notified or otherwise discovers that a loss to a household has occurred. Restore to households benefits which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits will be restored for a period of not more than twelve months from the date the court action was initiated. When the judicial action is a review of an action taken by the Division, the benefits will be restored for a period of not more than twelve months from the first of the following dates: 1. The date DSS receives a request for restoration; 2. If no request for restoration is received, the date the fair hearing action was initiated, but 3. Never more than one year from when DSS is notified of, or discovers, the loss.