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VIRGINIA DEPARTMENT OF SOCIAL SERVICES RECIPIENT CLAIMS

10/24 VOLUME V, PART XVII, APPENDIX I, PAGE 2

The LDSS may negotiate a new repayment agreement any time prior to the end of the 60-Day Notice period. A new repayment agreement will prevent any further involuntary collection if the terms of the agreement are kept. The repayment agreement must be initiated to have the claim repaid in full within 36 months of receipt of the 60-day notice. When this is not possible due to the client’s financial situation, the repayment amount should be a minimum payment of $25.00 per month. The LDSS must evaluate financial hardship prior to accepting a repayment of less than $25 per month.

If a claim has been certified to TOP, only the State TOP Coordinator may negotiate a new repayment agreement

TOP Appeal

A debtor should request an appeal within 30 days of the 60-day notice. Regardless of the request date, the BPS must conduct a desk review and render a decision. The request for an appeal must be in writing to the local department of social services. A TOP appeal is a desk review, not a fair hearing, which is completed by the local supervisor or designated staff. The desk review is to ensure the debt is past due and legally enforceable. The supervisor or designee must verify that:

• The request for the review was timely; • The client received an initial demand letter or there is a court order; • The claim calculation is complete and accurate; • The claim is delinquent; and • The debtor is not currently in a participating household.

The decision from a TOP appeal must be in writing within 30 days of request. The decision must give instructions for requesting a federal appeal, contain the FNS address, instruct the debtor to send proof of the reason why the claim is not past due and legally enforceable and instruct the debtor to provide the applicable case number. Send TOP appeal requests to

Attn: Treasury Offset Program Review Supplemental Nutrition Assistance Program USDA/Food and Nutrition Service Mercer Corporate Park 300 Corporate Blvd Robbinsville, New Jersey 08691-1598

Claims in TOP

When a claim is in TOP, the Division of Finance must ensure:

• That the date of delinquency is correct; • The status of the debt is accurate; • The balance is adjusted when payments are made outside of TOP; and • All refunds due to over collection by TOP are reported to TOP.

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