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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RESTORATION OF LOST BENEFITS

10/24 VOLUME V, PART XVI, PAGE 1

A. RESTORATION OF LOST BENEFITS (7 CFR 273.17(a) and (b))

1. The local agency must restore any benefits that the household lost whenever:

a. The State Department or local agency causes an error that results in a loss, including an invalid denial of an application or termination of benefits;

b. Federal regulations or instructions specifically provide for restoration of lost benefits; or,

c. The loss was due to an intentional program violation disqualification based on a court conviction and the decision of the court is reversed.

The local agency must also restore benefits whenever the loss was caused by an error of the Social Security Administration (SSA) when the error resulted from joint processing of an SSI household. Such an error would include, but is not limited to, the loss of a SNAP application after the applicant filed an application with SSA.

2. Households will not normally receive restoration for an action that occurred more than 12 months before the most recent of the following:

a. The month the household, or another person or agency notified the local agency in writing or orally of the possible loss to a specific household;

b. The month the BPS discovers, in the normal course of business, that a loss to a specific household has occurred; or,

c. The date the household requested a fair hearing to contest the adverse action that resulted in the loss.

Any exceptions to the 12-month restriction on restoration, will be noted at the time specific policy requiring a restoration is issued.

If the state or local agency determines that a loss of benefits has occurred and the household is entitled to restoration of those benefits, the BPS must act immediately to restore any benefits lost within the limits described above. No action by the household is necessary.

The BPS must notify the household of its entitlement and other pertinent information by providing the household with the Entitlement to Restoration of Lost Benefits. See Part XXIV for a copy of the form and instructions. The BPS must also use the form to notify households who have requested a review of their case for lost benefits that the household is not entitled to restored benefits.

The BPS must provide restoration benefits to any household entitled to the benefits even if the household is currently ineligible.

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