Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-4 - FOOD STAMP OVERPAYMENT › Section 660-4-4-.01 - Definition Of Frequently Used Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Overpayment (Over issuance). The receipt
			 by a household of food stamps (coupons) in excess of its actual entitlement.
(a) Agency (Administrative) Error. Any claim
			 for an overpayment caused by the agency's action or failure to take action on
			 information known to the agency.
The County Food Assistance Office must consider as "known to
				the agency" only that information that is or has been reported to the Food
				Assistance Office and/or the Family Assistance Office. Information known to a
				service worker, child support worker or adult services worker is not considered
				known to the Food Stamp Office for the purpose of establishing a claim.
Administrative Errors that may result in a claim include, but
				are not limited to:
* The county department failed to take prompt action on a
				change reported by the household.
* The county department incorrectly computed the household's
				income or deductions, or otherwise assigned an incorrect allotment.
* The county department continued to provide the household food
				assistance benefits after its certification period ended without a
				redetermination of eligibility.
* The county department failed to provide a household a reduced
				level of benefits when the Family Assistance (FA) grant was approved or
				changed.
* Data was incorrectly entered in the computer, resulting in an
				incorrect allotment being issued to the household.
* The county department either failed to take timely action on
				information provided through the Income Eligibility Verification System (IEVS)
				which was considered verified upon receipt, or failed to follow up on IEVS
				information which was not considered verified upon receipt.
(b) Inadvertent Household Error. Any claim
			 for an overpayment resulting from a misunderstanding or unintended error on the
			 part of the household.
Situations that may result in an IHE claim include but are not
				limited to the following:
. The household unintentionally failed to provide the county
				department with correct or complete information.
. The household unintentionally failed to report to the county
				department changes in its household circumstances.
. The household unintentionally received benefits that it was
				not entitled to receive pending a fair hearing decision because the household
				requested a continuation of benefits based on the mistaken belief that it was
				entitled to such benefits.
(c) Intentional Program Violation. An
			 occurrence whereby a household member or representative intentionally makes
			 false or misleading statements, conceals or withholds facts, misrepresents, or
			 otherwise commits any act that constitutes a violation of any state or federal
			 food stamp statute.
A claim is considered a Suspected Intentional Program Violation
				(SIPV) claim until a determination is made that an Intentional Program
				Violation occurred through either the Administrative Disqualification Hearing
				process or court proceedings.
(d) Trafficking means:
1. The buying, selling, stealing, or
			 otherwise effecting an exchange of SNAP benefits issued and accessed via
			 Electronic Benefit Transfer (EBT) cards, card numbers and personal
			 identification numbers (PINs), or by manual voucher and signature, for cash or
			 consideration other than eligible food, either directly, indirectly, in
			 complicity or collusion with others, or acting alone;
2. The exchange of firearms, ammunition,
			 explosives, or controlled substances, as defined in section 802 of title 21,
			 United States Code, for SNAP benefits;
3. Purchasing a product with SNAP benefits
			 that has a container requiring a return deposit with the intent of obtaining
			 cash by discarding the product and returning the container for the deposit
			 amount, intentionally discarding the product, and intentionally returning the
			 container for the deposit amount;
4. Purchasing a product with SNAP benefits
			 with the intent of obtaining cash or consideration other than eligible food by
			 reselling the product, and subsequently intentionally reselling the product
			 purchased with SNAP benefits in exchange for cash or consideration other than
			 eligible food; or
5. Intentionally
			 purchasing products originally purchased with SNAP benefits in exchange for
			 cash or consideration other than eligible food.
6. Attempting to buy, sell, steal, or
			 otherwise affect an exchange of SNAP benefits issued and accessed via
			 Electronic Benefit Transfer (EBT) cards, card numbers and personal
			 identification numbers (PINs), or by manual voucher and signatures, for cash or
			 consideration other than eligible food, either directly, indirectly, in
			 complicity or collusion with others, or acting alone.
Benefits that are trafficked are considered Suspected
				Intentional Program Violations (SIPV).