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Subject: SNAP Claims and Issuances

Policy 24.22 Date of Last Review: 11/30/2023 Effective Date: 08/15/2019 Date of Next Review: 11/30/2026 RDA: SW22 Page 4 of 15 E. Calculating the Amount of a Claim 1. The amount of a claim for an over issuance shall be equal to the difference between the allotment the HH received and the allotment the HH should have received for each month of over issuance. 2. Once the amount of a claim is established, the claim must be offset against any amount of lost benefits that have not yet been restored to the HH. 3. Inadvertent HH and administrative error claims shall be calculated based on the amount of over issuance which occurred during the twelve (12) months preceding the date the over issuance was discovered. 4. IPV claims shall be calculated back to the month the act of intentional program violation occurred, but no more than six (6) years prior to discovery, providing case record and issuance information are available. No claim shall be calculated for any month prior to March 1, 1979. 5. In cases involving reported (or unreported) changes, the county shall determine the month the over issuance initially occurred as outlined below: a. If the HH inadvertently or intentionally failed to report a change in its circumstances within the required time-frame, the first (1st) month of over issuance shall be the first (1st) month in which the change would have been effective had it been timely reported. b. If the HH reported a change timely, but the county did not act on the change within the required time-frame, the first (1st) month affected by the county’s failure to act shall be the first (1st) month the county would have made the change effective had it acted timely. c. In no event shall the county determine as the first (1st) month in which the change would have been effective any month later than two (2) months from the month in which the change in HH circumstances occurred. 6. When a HH has failed to report earned income in a timely manner, no earned income deduction, shall be allowed in determining the amount of over issuance that has occurred. F. Intentional Program Violations 1. For the purpose of determining through Administrative Disqualification Hearings (ADH) whether or not a person has committed an IPV: a. The A/R intentionally: i. made a false or misleading statement; misrepresented, concealed or withheld facts, or ii. traded SNAP benefits for cash, or iii. committed any act that constitutes a violation of the SNAP Act, the SNAP Program Regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits. b. The A/R is found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of firearms, ammunition, explosives, or controlled substances, or