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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RESTORATION OF LOST BENEFITS

10/24 VOLUME V, PART XVI, PAGE 4

E. CHANGES IN HOUSEHOLD COMPOSITION (7 CFR 273.17(g))

Whenever a household is due lost benefits and the household's membership has changed, the BPS must restore the lost benefits to the household that contains most of the individuals who were household members at the time the loss occurred. If the BPS cannot locate or determine the household that contains most of household members, the BPS must restore the lost benefits to the household containing the person designated as the head of the household at the time the loss occurred.

F. RECORD KEEPING (7 CFR 273.17(h))

The local agency must maintain any documentation that supports the entitlement to restoration for each instance in which restoration of lost benefits is appropriate.

G. DISPUTED BENEFITS (7 CFR 273.17(c))

If the BPS determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the local BPS, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement to restoration of lost benefits. The household may also request a hearing on any other action taken to restore lost benefits. If the household requests a hearing before or during the time BPS is restoring lost benefits, the household will receive the lost benefits as determined by the local agency pending the results of the fair hearing. If the fair hearing decision is favorable to the household, the local agency must restore the additional lost benefits in accordance with the decision.

If a household believes it is entitled to restoration of lost benefits, but the BPS does not agree after reviewing the case file, the household has 90 days from the date of the local BPS determination to request a fair hearing. The BPS must restore lost benefits to the household only if the fair hearing decision is favorable to the household. The household is not entitled to benefits lost more than twelve (12) months before the date the local agency initially discovered the household's possible entitlement to lost benefits.

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