New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.19 - Claims against households

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 adult household members will be jointly and severally liable for the value of
			 any over- issuance of benefits to the household. Local departments must
			 establish a claim(s) against any household that has received more food stamp
			 benefits than it is entitled to receive or any household which contains an
			 adult member who was an adult member of another household that received more
			 food stamp benefits than it was entitled to receive.
(1) Collection of claims against any or all
			 adult members of a household will be initiated at the time the over-issuance
			 occurred. If a change in household composition occurs, collection action must
			 be pursued against any household which has a member who was an adult member of
			 a household that received the over-issuance. The amount of the claim may also
			 be offset against restored benefits owed to any household which contains a
			 member who was an adult member of the household at the time the over-issuance
			 occurred. Under no circumstances can the collection exceed the amount of the
			 claim.
(2) Collections of
			 overissuances. A social services district must collect any overissuance of food
			 stamp benefits issued to a household by:
(i)
			 direct payment;
(ii) reducing the
			 allotment of the household as provided in paragraph (5) of this
			 subdivision;
(iii) withholding
			 amounts from unemployment compensation from a member of the household, provided
			 State computer supports are in place;
(iv) recovering from Federal pay or a Federal
			 income tax refund, provided State computer supports are in place; or
(v) any other means as directed by the State.
Social services districts may use additional means to
			   collect overissuances provided such means are cost effective and do not violate
			   any other provisions of this Part.
(3) Suspending collection of inadvertent
			 household or administrative error claims.
(i)
			 Social services districts may suspend collection action on an inadvertent
			 household or administrative error claim if no collection action was initiated
			 because of one of the following conditions:
(a) the total amount of the claim is less
			 than $35, and the claim cannot be recovered through benefit level
			 reduction;
(b) the social services
			 district has documentation which shows that the household cannot be located;
			 or
(c) the case is being referred
			 for possible prosecution or for administrative disqualification and the social
			 services district determines that collection action would prejudice the
			 case.
(ii) The
			 collection of an inadvertent household error claim against a non-participating
			 household or the collection of any administrative error claim may be suspended
			 if collection action has already been initiated and at least one demand letter
			 has been sent and:
(a) the household cannot
			 be located; or
(b) the cost of
			 further collection action is likely to exceed the amount that can be
			 recovered.
(4) Suspending collection of intentional
			 program violation claims.
(i) A social
			 services district may suspend collection action on an intentional program
			 violation claim at any time if it has documentation that the household cannot
			 be located.
(ii) The collection of
			 any intentional program violation claim against a non-participating household
			 may be suspended if the cost of further collection action is likely to exceed
			 the amount that can be recovered and demand letters have been sent as follows:
(a) claims under $100 - at least one demand
			 letter;
(b) claims between $100 and
			 $400 - at least two demand letters; or
(c) claims of more than $400 - at least three
			 demand letters.
(5) Recoupment of claims through reduction of
			 current benefits must be applied as follows:
(i) for an inadvertent household error or an
			 administrative error as defined in section
			 387.1  of
			 this Part - 10 percent of the household's monthly allotment or $10 per month,
			 whichever is greater; and
(ii) for
			 an intentional program violation as defined in section
			 387.1  of
			 this Part - 20 percent of the amount the household would have received if the
			 household member(s) had not been disqualified or $10 per month, whichever is
			 greater.
(6) Terminating
			 collection of claims. Social services districts may determine a claim to be
			 uncollectable after it has been suspended for a period of three years. A
			 suspended or terminated claim must be offset against restored benefits as
			 provided in section
			 387.18(f) 
			 of this Part.