Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES › FS-700's › 700 - ADMINISTRATION PROCEDURES › Section 144-301-700-FS 777-3 - Claims and Collections

Current through 2024-29, July 17, 2024
1.
COOPERATION IN THE CLAIM
					 ESTABLISHMENT PROCESS:
A household shall be determined
ineligible
if it
refuses
, without good cause,
						to cooperate in any reviews generated by reported changes and recertifications.
						The household shall be ineligible until it cooperates with the
						Department.
All subsequent applications or redeterminations shall
						result in ineligibility for all households that include a member who was an
						adult member of a household which was determined ineligible as a result of a
refusal
to cooperate. Good cause provisions apply (e.g. adults
						separated due to domestic violence, adult child who cannot get a parent's
						income verification, etc.)
NOTE:
Refer to FS 222-1, FS 222-5, pp. 2-4
						for further guidance.
2.
GENERAL RULE:
A claim may be established against any household that has
						received more benefits than entitled. There are three classifications of
						claims:
A.
Agency
- An
					 overpayment which was the result of a Departmental mistake, or failure to act
					 in a timely manner.
B.
Intentional
- An overpayment which was the result of a household
					 member intentionally violating a program regulation. This determination must be
					 made by a hearing officer, a court, or a Waiver of Hearing signed by the
					 member.
NOTE:
A guilty verdict or a plea of guilty
						to a criminal charge based on the same conduct that satisfies the criteria for
						an intentional violation shall suffice to establish such a violation
						administratively. The amount of the overpayment and corresponding amount due to
						the Department shall be the amount specified in the letter of debt to the
						household, irrespective of any Court order of restitution.
C.
Inadvertent Household
- An
					 overpayment which was the result of a misunderstanding on the part of the
					 household.
NOTE
: When determining the amount of the
						claim for claims established after 10/31/96, do not apply the earned income
						deduction to that portion of earned income which the household intentionally
						failed to report; or, which the household failed to report in a timely
						manner.
NOTE
: The Department shall not establish an
						overpayment when:
A. The
					 Department failed to ensure that a household fulfilled the following procedural
					 requirements:
(1) Sign the application
					 form.
(2) Complete a work referral
					 form.
B. A household was
					 not required to report a change which results in reduced benefits or
					 ineligibility for benefits.
C. The
					 overpayment is caused by agency error or inadvertent household error, has a
					 dollar value of $500 or less, and the household is not participating when the
					 over issuance is calculated.
D. The
					 overpayment is caused by agency error or inadvertent household error, has a
					 dollar value of $200 or less, and the household is participating when the over
					 issuance is calculated.
EXCEPTION:
All overpayments resulting from
						either a Quality Control review or trafficking must be established regardless
						of the amount or cause. (See definition of trafficking at FS 999-1, pp.
						5-6.)
NOTE:
In situations where there are
						overpayments for both State funded benefits and Federally funded benefits, the
						overpayment attributable to the Federally funded benefits will be collected
						first.