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West Virginia Income Maintenance Manual Chapter 11

West Virginia Income Maintenance Manual

Page 4 Chapter 11 Benefit Repayment

• The client's benefits are continued pending a Fair Hearing decision and the subsequent decision upholds the DOHS’s action • It is determined by court action or ADH the client did not commit an IPV; the claim is pursued as a UPV • The AG received SNAP solely because of Categorical Eligibility, and it is subsequently determined ineligible for WV WORKS and/or Supplemental Security Income (SSI) at the time it received it • The DOHS issued duplicate benefits and the overissued amount was not returned • The DOHS continued issuance beyond the certification period without completing a redetermination A client error UPV is only established retroactively for the six-year period preceding the month of discovery. An agency error is only established retroactively for the one-year period preceding the date of the discovery. The RI determines the month in which the overissuance initially occurred as follows. 11.2.3.A.1 Agency Errors ➢ Failure To Take Prompt Action The first month of overissuance is the month the change would have been effective had the agency acted promptly. ➢ Computation Error The first month of overissuance is the month the incorrect allotment was effective.

EXCEPTION: If the client misrepresented circumstances in order to receive cash assistance or SSI, the SNAP claim may be an IPV. NOTE: Failure to Take Prompt Action and Computation Error below are used when the overissuance is not contested in a Fair Hearing. If a Fair Hearing is held, the Hearings Officer's decision is final.