9095.3 Calculating the Claim Amount

Official source

A. Claims not related to trafficking: (i) DHSS/DSS must calculate a claim . . . back to at least twelve months prior to when DHSS/DSS becomes aware of the overpayment and . . . for an IPV claim, the claim must be calculated back to the month the act of IPV first occurred and . . . for all claims, DHSS/DSS will not include any amounts that occurred more than six years before DHSS/DSS became aware of the overpayment. (ii) The actual steps for calculating a claim are DHSS/DSS will. . . unless . . . then . . . (1) determine the correct amount of benefits for each month that a household received an overpayment (2) not apply the earned income deduction to that part of any earned income that the household failed to report in a timely manner when this act is the basis for the claim the claim is an AE claim DHSS/DSS will apply the earned income deduction. (3) subtract the correct amount of benefits from the benefits actually received. The answer is the amount of the overpayment this answer is zero or negative DHSS/DSS will dispose of the claim referral. (4) reduce the overpayment amount by any EBT benefits expunged from the household's EBT benefit account according to DSSM 9093. The difference is the amount of the claim there were no expunged benefits the amount of the overpayment calculated in #3 of this section is the amount of the claim. B) Trafficking-related claims: Claims arising from trafficking-related offenses will be the value of the trafficked benefits as determined by: 1. The individual's admission; 2. Adjudication; or 3. The documentation used for the trafficking determination. 13 DE Reg. 1462 (05/01/10)

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9095.3 Calculating the Claim Amount

Official source

A. Claims not related to trafficking: (i) DHSS/DSS must calculate a claim . . . back to at least twelve months prior to when DHSS/DSS becomes aware of the overpayment and . . . for an IPV claim, the claim must be calculated back to the month the act of IPV first occurred and . . . for all claims, DHSS/DSS will not include any amounts that occurred more than six years before DHSS/DSS became aware of the overpayment. (ii) The actual steps for calculating a claim are DHSS/DSS will. . . unless . . . then . . . (1) determine the correct amount of benefits for each month that a household received an overpayment (2) not apply the earned income deduction to that part of any earned income that the household failed to report in a timely manner when this act is the basis for the claim the claim is an AE claim DHSS/DSS will apply the earned income deduction. (3) subtract the correct amount of benefits from the benefits actually received. The answer is the amount of the overpayment this answer is zero or negative DHSS/DSS will dispose of the claim referral. (4) reduce the overpayment amount by any EBT benefits expunged from the household's EBT benefit account according to DSSM 9093. The difference is the amount of the claim there were no expunged benefits the amount of the overpayment calculated in #3 of this section is the amount of the claim. B) Trafficking-related claims: Claims arising from trafficking-related offenses will be the value of the trafficked benefits as determined by: 1. The individual's admission; 2. Adjudication; or 3. The documentation used for the trafficking determination. 13 DE Reg. 1462 (05/01/10)