Page 270

VIRGINIA DEPARTMENT OF SOCIAL SERVICES RESTORATION OF LOST BENEFITS

10/24 VOLUME V, PART XVI, PAGE 2

B. COMPUTING THE AMOUNT TO BE RESTORED (7 CFR 273.17(d))

After correcting the error and excluding those months for which benefits may have been lost prior to the 12-month time limits described in Part XVI.A., the BPS must calculate the amount to be restored as follows:

1. If the household was eligible but received an incorrect allotment, the BPS must calculate lost benefits only for those months the household participated.

2. If the loss was caused by an incorrect denial or termination of benefits, the BPS must calculate the months affected by the loss as follows:

a. If an eligible household's initial application or reapplication was erroneously denied, the month the loss initially occurred will be the month of application, or for an eligible household filing a timely application for recertification, the month following the expiration of its certification period.

b. If an eligible household's benefits were erroneously terminated, the month the loss initially occurred will be the first month benefits were not received because of the erroneous action.

Example

An eligible household's benefits were erroneously terminated effective June 30. The error was discovered in August and the household was given an opportunity to participate in August. The household is entitled to restoration of lost benefits for the month of July.

After computing the date the loss initially occurred, the loss must be calculated for each month after that date until either the first month the error is corrected or the first month the household is found ineligible.

Examples

1) The BPS has determined that a household is entitled to restoration of lost benefits beginning July 1. The error made by the local agency was corrected in September and an opportunity to receive the correct allotment was provided in September. Benefits must be restored for July and August.

2) The BPS has determined that another household is also entitled to restoration of lost benefits beginning July 1. The error was found in September, at which time it was determined that the household would not have been eligible for other reasons in either August or September. The household would have been eligible in July. Benefits must be restored for July only.

TRANSMITTAL #35