N.Y. Comp. Codes R. & Regs. tit. 18 § 387.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 387.18 - Restoration of lost benefits

(a) Whenever a loss was caused by an administrative error, or by an administrative disqualification for an intentional program violation which was subsequently reversed, such household shall have their benefits restored.

(b) Benefits shall be restored, even if the household is currently ineligible, for a period of not more than 12 months prior to the month the under-issuance is discovered.

(c) The amount of restored lost benefits shall be in the amount of the benefits lost, and in addition to the allotment currently eligible households are entitled to receive.

(d) The computation of the amount of restored benefits shall be made according to instructions issued by the department.

(e) The case record shall be documented to indicate the method used in calculating the lost benefits and the reason why lost benefits are to be restored.

(f) If a claim against a household is unpaid, suspended or terminated, as provided for in section 387.19 of this Part, the amount of the food stamp benefit to be restored must be offset against the amount due on the claim before the balance, if any, is restored to the household. However, at certification, the initial allotment of food stamps must not be reduced to offset claims, even it the initial allotment is paid retroactively.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.18