Ohio Administrative Code › Title 5101:4 - Division of Food Stamps › Chapter 5101:4-8 - Restoration of Lost Benefits; Claims Against Households › Section 5101:4-8-03 - Food assistance: restoration and entitlement of lost benefits

Current through all regulations passed and filed through July 1, 2024
(A) What is restoration of
			 
								supplemental nutrition assistance program (SNAP)
			 benefits?
Restoration of benefits is when an assistance group is issued
				benefits because they have been determined eligible, and additional benefits
				are due to them because an incorrect amount was issued.
(B) Who is eligible for a restoration of
			 benefits?
Assistance groups who:
(1) Have lost benefits due to an agency
			 error.
(2) Were determined to have
			 committed an intentional program violation that has been reversed.
(a) An individual would not be entitled to
			 restoration of lost benefits for the period of disqualification based solely on
			 the fact that a criminal conviction could not be obtained, unless the
			 individual successfully challenged the disqualification period imposed by an
			 administrative disqualification in a separate court action. Participation in an
			 administrative disqualification hearing in which the assistance group contests
			 the county agency assertion of intentional program violation shall be
			 considered notification that the assistance group is requesting restored
			 benefits.
(b) For each month the
			 individual was disqualified, not to exceed twelve months prior to county agency
			 notification, the amount to be restored, if any, shall be determined by
			 comparing the allotment the assistance group received with the allotment the
			 assistance group would have received had the disqualified member been allowed
			 to participate. When the assistance group received a smaller allotment than it
			 should have received, the difference equals the amount to be
			 restored.
(3) Receive a
			 judicial action determining benefits were wrongfully withheld. When the
			 assistance group's situation has been reviewed and determined through the
			 judicial process that the benefits have been wrongfully withheld, the county
			 agency shall restore the assistance group's benefits. When the judicial action
			 is the first action the recipient has taken to obtain restoration of lost
			 benefits, the benefits shall be restored for a period of no more than twelve
			 months from the date the court action was initiated. When the judicial action
			 is a review of a county agency action, the benefits shall be restored for a
			 period of no more than twelve months from the first of the following dates:
(a) The date the county agency receives a
			 request for restoration; or
(b)
			 When no request for restoration is received, the date the fair hearing action
			 was initiated; but never more than 
										twelve months from when the county agency is
			 notified of, or discovers, the loss.
(4) Have gained categorical eligibility.
			 Assistance groups who gain categorical eligibility are entitled to restored
			 benefits back to the date of the original 
									SNAP application, the date it
			 gained categorical eligibility, or the date categorical eligibility for the
			 specific type of assistance group was created, whichever is later. To determine
			 the prior months of eligibility and the date when restored benefits should
			 begin, consult rule
			 5101:4-4-27
			 of the Administrative Code.
(5)
			 Have been found to be eligible for a restoration of benefits that were
			 discovered by the agency. The county agency shall automatically take the
			 necessary action to restore the benefits. No action by the assistance group is
			 necessary. Benefits shall not be restored when the benefits were lost more than
			 twelve months prior to the month the loss was discovered by the county agency
			 in the normal course of business, or were lost more than twelve months prior to
			 the month the county agency was notified in writing or orally of a possible
			 loss to a specific assistance group.
The county agency shall notify the assistance group of
				its:
(a) Entitlement to restored
			 benefits;
(b) Amount of benefits to
			 be restored;
(c) Any offsetting
			 that was done;
(d) The method of
			 restoration; and
(e) The right to
			 appeal through the fair hearing process.