31.17 Entitlement to Restoration of Lost Benefits.

A. MDHS must restore household benefits that were lost when: 1. The loss was caused by an error caused by MDHS; 2. By an administrative disqualification for intentional program violation which was subsequently reversed; or 3. A statement elsewhere in the regulations specifically stating that the household is entitled to restoration of lost benefits. B. Benefits will be restored for not more than 12 months prior to whichever occurs first: 1. The date MDHS receives a request for restoration of benefits from a household; or 2. The date MDHS is notified or otherwise discovers that a loss to a household has occurred. C. MDHS will restore household benefits that were found by any judicial action to have been wrongfully withheld. D. When the judicial action is a review of a MDHS action, the benefits will be restored for a period of not more than 12 months from the first of the following dates: 1. The date MDHS 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 1 year from when MDHS is notified of or discovers the loss. E. Benefits will be restored even if the household is currently ineligible. F. If MDHS determines that a loss of benefits has occurred and that the household is entitled to restoration of such benefits, then MDHS will automatically take action to restore the benefits. G. MDHS must notify the household of: 1. Its entitlement; 2. The amount of benefits to be restored; 3. Any offsetting that was done; 4. The method of restoration; and 5. The right to appeal through the fair hearing process. Source: 7 CFR §273.17(a)-(b) Revised: March 2022