10 Colo. Code Regs. § 2506-1-4.702
Current through Register Vol. 47, No. 22, November 25, 2024
Section 10 CCR 2506-1-4.702 - RESTORATION OF LOST BENEFITS 4.702.1 Eligibility for Restoration of Lost BenefitsA. To be eligible for restored benefits, the household must have had its SNAP benefits wrongfully delayed, denied, or terminated. Delay shall mean that an eligibility determination was not accomplished within processing timeframe standards.B. A restoration of benefits is warranted when a household has received fewer benefits than it was eligible to receive due to:1. An error by the local office;2. A court decision overturning or reversing a disqualification for IPV; or3. A determination by a court that the household should have received more benefits than it received during a given issuance period.C. In the event that a restoration is warranted, benefits shall be restored for not more than twelve (12) months prior to whichever of the following occurred first: 1. The date the local office was notified, in writing or orally, by the household or by another person or agency that a household received fewer benefits than it was eligible to receive;2. The date the local office discovers through the normal course of business that an error occurred which lead to the loss of benefits for a specific household; or,3. The date the household requested a fair hearing to contest the adverse action that resulted in the loss. When determining the months for which a household may be entitled to restorations, month one (1) shall be the month prior to the month in which the error was discovered.
D. If the restoration is the result of a judicial action, the amount to be restored shall be determined as follows: 1. If the judicial action is the first action the household has taken to obtain a restoration of lost benefits, then benefits shall be restored for a period of not more than twelve (12) months prior to the date the court action was initiated.2. If the judicial action is a review of an action taken by the local office, the benefits shall be restored for a period of no more than twelve (12) months prior to the first of either: a. The date the local office was notified by the household or by another person or agency in writing, or orally, of the possible loss to the household, or,b. The date the household requested a fair hearing.E. In no case shall benefits be restored for more than twelve (12) months prior to the date the local office is notified of, or discovers, the loss. Benefits shall be restored even if the household is currently ineligible.F. In the event that the State orders a reduction or cancellation of benefits, those households whose allotments are reduced or cancelled as a result of the enactment of those procedures are not entitled to restoration of lost benefits. If the Secretary of Agriculture directs the State to restore reduced or cancelled benefits, the local office shall work promptly to issue such benefits.4.702.2Disputed BenefitsA. If a household does not agree with any action taken by the local office to restore lost benefits or the amount of benefits determined to have been lost, the household may request a fair hearing within ninety (90) calendar days of the notice to the household of entitlement to a restoration. If such a request is made before or during the time period for which lost benefits are being restored, the local office will continue to issue the under-issued benefits pending the decision of the fair hearing. Once a final decision is reached, the local office shall restore benefits in accordance with the decision.B. If the household requests a fair hearing to dispute the local office's determination that the household is not eligible for restored benefits, restored benefits for the period in question shall not be issued to the household while awaiting the final agency decision.4.702.3Lost Benefits Due to Fraud ReversalIndividuals disqualified for intentional Program violation/fraud are not entitled to a restoration of any benefits lost during the months they were disqualified unless the decision which resulted in disqualification is subsequently reversed. For each month the individual was disqualified, not to exceed twelve (12) months, the amount to be restored, if any, shall be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference equals the amount to be restored.
Participation in an administrative disqualification hearing (state or local) or referral for prosecution in which a person contests the local office's assertion that the individual committed an intentional program violation/fraud will be considered a request for restored benefits. If such a person is found to have committed intentional program violation by the State Department final agency decision and this decision is subsequently overturned by a court of law, the restoration of benefits shall be calculated for a period not to exceed twelve (12) months prior to the date of the original administrative hearing.
4.702.4Errors by the SSA OfficeThe local office shall restore to the household any benefits lost as the result of an error by the local office or by the SSA through joint processing.
Benefits shall be restored back to the date of a client's release from a public institution if, while in the institution, the client jointly applied for SSI and SNAP, but the local office was not notified on a timely basis of the client's release.
37 CR 15, August 10, 2014, effective 9/1/201437 CR 21, November 10,2014, effective 12/1/201438 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 05, March 10, 2016, effective 4/1/201639 CR 07, April 10, 2016, effective 5/1/201639 CR 15, August 10, 2016, effective 9/1/201639 CR 17, September 10, 2016, effective 10/1/201639 CR 19, October 10, 2016, effective 11/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 15, August 10, 2018, effective 9/1/201840 CR 23, December 10, 2017, effective 12/30/201842 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 17, September 10, 2019, effective 10/1/201942 CR 18, October 10, 2019, effective 10/1/201942 CR 23, December 10, 2019, effective 12/30/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 05, March 10, 2020, effective 2/7/202043 CR 07, April 10, 2020, effective 4/30/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 21, November 10, 2021, effective 11/30/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 19, October 10, 2022, effective 10/1/202245 CR 19, October 10, 2022, effective 11/1/202245 CR 21, November 10, 2022, effective 11/30/2022