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270 2 3 . 5 R E C I P I E N T ’ S R I G H T T O A F A I R H E A R I N G O N A R E C I P I E N T C L A I M Economic Services staff should be aware that the recipient has a right to a fair hearing if he/she does not agree with the amount, the basis or the classification of the claim. The period to request a fair hearing is 90 days from the date of the first notification. The recipient may request continued benefits within 10 days of notification that benefits will be reduced.

The recipient may request a fair hearing by contacting Benefit Integrity Claims staff who are responsible for representing the Agency in the fair hearing for a recipient claim.

If the hearing official determines that a claim does, in fact, exist against the household, the household must be re-notified of the claim. The language to be used in this notice is left up to the State agency. The demand for payment may be combined with the notice of the hearing decision. Delinquency must be based on the due date of this subsequent notice and not on the initial pre- hearing demand letter sent to the household.

If the hearing official determines that a claim does not exist, the claim must be discharged and reflect the event as a balance adjustment rather than a termination.

2 3 . 6 O F F S E T O F R E C I P I E N T C L A I M S An offset occurs any time a household is entitled to receive a restoration (supplement) of lost benefits and there is an outstanding recipient claim. The amount of restoration (supplement) 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. The CHIP automated offset occurs at the point the restoration is entered into the computer by the Economic Services staff. An automated offset will not occur for the current month.

2 3 . 7 C O L L E C T I O N O F R E C I P I E N T C L A I M S SNAP recipient claims staff will initiate collection of overpayments made in the SNAP case. Regardless of the classification of a claim, it is of primary importance to have the client sign a repayment agreement, DSS Form 2627A, Repayment Agreement and Acknowledgement of Debt.

The repayment agreement for any claim must contain due dates or time frames for the periodic submission of payments. The household will also receive the CLMO screen to verify each month and amount of the claim for each month.

It must also specify that the household will be subject to an involuntary collection action(s) if payment is not received by the due date and the claim becomes delinquent.