621.01 Determine the Overpayment or Overissuance (FSM) |
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The first month of overissuance is the month in which the benefit change would have been effective had it been reported or acted upon within time frames. Compute the effective month according to the following criteria:
• Allow the household 10 calendar days to report the change, beginning with the date the change * occurs.
Exception: Food Stamp households certified for 6 months and receiving no other departmental financial or medical benefits are required to report changes by the 10th day in the month after the month in which the household’s income actually rises above the 130% threshold, rather than 10 days after the change occurs. See FSM 145.01, Reporting Requirements.
• Allow the Family Services Specialist (FSS) 10 additional calendar days to make the change.
• Allow a ten-day advance notice period for the household to be made aware of any decrease in benefits.
• When any of the above ten-day periods is shorter because of a quicker actual response time, compute the effective date of the change using that actual time period.
• If a notice of adverse action was required but not provided, assume the advance notice period expired without the household requesting an administrative appeal.
Never permit the effective month of the change to be later than the second month after the actual date of change. See Chapter 100, Part 145, Changes.
Begin the overissuance with the:
• first eligible month if the error is a result of information submitted for the initial eligibility determination, or
• first eligible month that could have been affected using the actual or maximum time frames if the error resulted from a change.
End the overissuance:
• when the allotment has been corrected or assistance terminated, if the changed information is still current, or
• at the first eligible month after applying the actual or maximum time frames for reporting, DHHS action, and advance notice period, if the information is no longer current.
Exception: Offset overissuances by any underpayments.
References: He-W PART 708, RSA 161:10, 7 CFR 273.16 - .18