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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RESTORATION OF LOST BENEFITS

10/14 VOLUME V, PART XVI, PAGE 3

3. For each month affected by the loss, the BPS must determine if the household was indeed eligible. In cases where there is no information in the household's case file to document that the household was eligible in that month, the BPS must advise the household of what information must be provided to determine eligibility for these months. For each month the household cannot provide the necessary information to demonstrate its eligibility, the household is ineligible.

4. For the months the household was eligible, the BPS must calculate the allotment the household should have received. If the household received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotments equals the amount to be restored.

Example

A household was certified for benefits for $70.00 for the months of July through September. The household participated, i.e., benefits were posted to the EBT account each of these three months. The benefit amount should have been $100.00 each month. As a result, the household is entitled to $90.00 in lost benefits ($100.00 - $70.00 = $30.00 X 3 months = $90.00).

5. If a claim against a household is unpaid or if an overissuance and an underissuance of benefits are discovered at the same time, the BPS must offset the amount to be restored against the amount due on the claim before the household will receive any restored. Claims may not be offset against the household's current month's even if the initial allotment includes a retroactive amount.

C. METHOD OF RESTORATION (7 CFR 273.17(f))

Regardless of whether a household is currently eligible or ineligible, the BPS must restore lost benefits to a household by issuing an allotment equal to the benefit amount that were lost. The BPS must provide the restored amount in addition to the monthly benefits currently eligible households are entitled to receive.

The BPS must honor reasonable requests by households to restore lost benefits in monthly installments. A reasonable request would include that the amount to be restored is more than the household can use in a reasonable period.

D. RESTORING BENEFITS TO HOUSEHOLDS NOT RESIDING IN THE LOCALITY

There may be times when a household no longer residing in the locality is due restoration of lost benefits. In these instances, if the household is receiving SNAP benefits in another Virginia locality, the BPS must notify the new locality and submit documentation to allow the new agency to authorize restored benefits. If the household is not receiving SNAP benefits in another Virginia locality, the agency must authorize restored benefits.

TRANSMITTAL #35