Chapter 5101:4-8 | Restoration of Lost Benefits; Claims Against Households

Rule 5101:4-8-03 | Food assistance: restoration and entitlement of lost benefits.

• Effective: November 1, 2022
• Promulgated Under: 111.15

(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.

(C) What are the specific timeframes for making a restoration?

(1) County agencies shall issue restored benefits within thirty days from the date the lost benefits were discovered.

(2) Restored benefits due under rule 5101:4-2-02 of the Administrative Code shall be restored to assistance groups that are categorically eligible within ten days after the discovery date.

(3) When a restoration is ordered through a compliance as a result of a fair hearing decision, it shall be completed in accordance with division 5101:6 of the Administrative Code.

(D) When can a restoration be made?

Benefits can only be restored up to twelve months prior to whichever occurs first:

(1) The date the county agency receives the request for a restoration from the assistance group; or

(2) The date the county agency is notified or otherwise discovers that a loss to an assistance group has occurred.

(E) How are restorations tracked?

(1) Each county shall maintain an accounting system for documenting an assistance group's eligibility for restored benefits and calculating the balance. At a minimum, the county agency shall use the JFS 07424, "Report of Claim Determination/Lost Benefits" form and stored in the case record.

(2) The calculation of the restored benefit shall be documented and stored in the case record.

(3) The county agency shall have a system in place that readily identifies outstanding claims against assistance groups so they can be offset against the restored benefit amount prior to issuing the restoration.

(F) How is eligibility determined for lost benefits?

The county agency shall determine when the assistance group was actually eligible for the month the loss occurred. In instances where there is insufficient information in the case record, the county agency shall advise the assistance group of what shall be provided to demonstrate eligibility for these months. For each month the assistance cannot provide the necessary information to demonstrate its eligibility, the assistance group shall be considered ineligible.

(G) How is the amount of the restoration determined?

After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the twelve-month time limit, the county agency shall calculate the amount to be restored as follows:

(1) Incorrect allotment - when the assistance group was eligible but received an incorrect allotment, the loss of benefits shall be calculated only for those months the assistance group participated.

(a) Under issuance - when the assistance group received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotments equals the amount to be restored.

(b) Offsetting claims - when a claim against an assistance group is unpaid or terminated as provided in rule 5101:4-8-19 of the Administrative Code, the amount to be restored shall be offset against the amount due on the claim before the balance, if any, is restored to the assistance group. At the point in time the assistance group is certified and receives an initial allotment, the initial allotment shall not be reduced to offset claims, even when the initial allotment is paid retroactively.

(2) Delay, denial, or termination - when the loss was caused by an incorrect delay, denial, or termination of benefits, the months affected by the loss shall be calculated as follows:

(a) Incorrect denial: when an eligible assistance group's application was incorrectly denied, the month the loss initially occurred shall be the month of application, or for an eligible assistance group filing a timely recertification, the month following the expiration of the certification period.

(b) Incorrect delay: when an eligible assistance group's application was delayed, the months for which benefits may be lost shall be calculated in accordance with procedures in rules 5101:4-2-01 and 5101:4-5-07 of the Administrative Code.

(c) Incorrect termination: when an assistance group's benefits were incorrectly terminated, the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous action.

(H) What are the payment methods of restoration?

There are two ways to issue a restoration of benefits:

(1) Lump sum - the county agency shall restore lost benefits to an assistance group by issuing an allotment equal to the amount of benefits that were lost. The amount restored shall be issued in addition to the allotment the assistance group is currently eligible to receive.

(2) Monthly installment - the county agency shall honor reasonable requests by assistance groups to restore lost benefits in monthly installments when, for example, the assistance groups fears the excess benefits may be stolen or that the amount to be restored is more than it can use in a reasonable period of time.

(I) What if the assistance group composition has changed since the benefit loss occurred?

When lost benefits are owed to an assistance group and the assistance group's membership has changed, the county agency shall restore the lost benefits to the assistance group containing a majority of the individuals who were assistance group members at the time the loss occurred. When the county agency cannot locate or determine the assistance group that contains a majority of assistance group members, the county agency shall restore the lost benefits to the assistance group containing the individual who was head of the assistance group at the time the error occurred.

(J) What happens when the assistance group disagrees with the determination of the restoration request or benefit amount?

When the assistance group does not agree with the county agency's decision regarding the lost benefits or with the amount of lost benefits computed by the county agency the following procedures apply:

(1) When the assistance group does not agree with the amount to be restored as calculated by the county agency or any other action taken by the county agency to restore lost benefits, the assistance group may request a fair hearing within ninety days from the date the assistance group is notified of the entitlement to restoration of lost benefits. When a fair hearing is requested prior to or during the time lost benefits are being restored, the assistance group shall receive the lost benefits as determined by the county agency pending the results of the fair hearing. When the fair hearing decision is favorable to the assistance group, the county agency shall restore the lost benefits in accordance with that decision.

(2) When an assistance group believes it is entitled to restoration of lost benefits, but the county agency does not agree, the assistance group has ninety days from the date of the county agency determination to request a fair hearing. The county agency shall restore lost benefits to the assistance group only when the fair hearing decision is favorable to the assistance group. Benefits lost more than twelve months prior to the date the county agency was initially informed of the assistance group's possible entitlement to lost benefits shall not be restored.

Last updated November 1, 2022 at 8:52 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 11/1/2027
Prior Effective Dates: 1/22/1982, 4/10/1984 (Emer.), 4/1/1989, 1/5/1990 (Emer.), 10/1/1990, 10/1/2001 (Emer.), 2/10/2011

Rule 5101:4-8-15 | Food assistance: claims against assistance groups.

• Effective: December 1, 2020
• Promulgated Under: 111.15

(A) The county agency shall establish and collect a claim against any assistance group that trafficked benefits or received more supplemental nutrition assistance program (SNAP) benefits than it was entitled to receive. A recipient claim is an amount owed because of overpaid benefits or benefits that are trafficked. Trafficking is defined in paragraph (J) of rule 5101:4-8-17 of the Administrative Code. Prompt corrective action to prevent further overpayment is required. A SNAP claim is a federal debt subject to this rule and other regulations governing federal debts. This rule describes the three types of claims and the procedures the county agency shall follow when handling these claims.

(B) Who is responsible for paying a claim?

(1) Each person who was an adult member of the assistance group when the overpayment or trafficking occurred. For collection purposes, an adult is an individual age eighteen or older at the time of the overpayment, except for individuals under the age of twenty-two living in the home of their parent(s). Additionally, collection is required from individuals under the age of eighteen when the individual is the head of the assistance group or the only person in the assistance group.

(2) Any person connected to the assistance group, such as an authorized representative, who actually trafficks or otherwise causes an overpayment or trafficking.

(3) A sponsor of an alien household member when the sponsor is at fault or contributed to the claim.

(4) When a change in assistance group composition occurs, county agencies may pursue collection action against any assistance group that includes a member who was an adult member of the assistance group that received the overpayment. The county agency may also offset the amount of the claim against restored benefits owed to any assistance group containing a member who was an adult member of the original assistance group at the time the overpayment occurred.

(C) What are the three types of claims?

(1) Intentional program violation claim: any claim for an overpayment or trafficking resulting from an individual committing an intentional program violation. An intentional program violation is defined in paragraph (B) of rule 5101:6-20-02 of the Administrative Code.

(2) Inadvertent household error claim: any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the assistance group.

(3) Agency error claim: any claim for an overpayment caused by an action or failure to take action by the county agency.

(D) When is a claim considered an intentional program violation?

A claim shall be handled as an intentional program violation claim when the overpayment or trafficking consisted of the individual intentionally:

(1) Making a false or misleading statement, or misrepresenting, concealing or withholding facts; or

(2) Committing any act constituting a violation of the Food and Nutrition Act of 2008, the SNAP program regulations, or any state statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits, or the electronic benefit transfer (EBT) card.

(E) What instances require an intentional program violation determination?

A claim shall be handled as an intentional program violation claim only when an individual is disqualified as a result of:

(1) An administrative disqualification hearing;

(2) A determination by a federal, state, or local court;

(3) Signing the JFS 04026 "Waiver of Administrative Disqualification Hearing; or

(4) Signing the JFS 04027 "Disqualification Consent Agreement" in cases referred for prosecution.

(F) When is a claim considered an inadvertent household error?

A claim shall be handled as an inadvertent household error claim when the overpayment was caused by:

(1) A misunderstanding or unintended error on the part of the assistance group;

(2) A misunderstanding or unintended error on the part of a categorically eligible assistance group provided a claim can be calculated based on a change in net income and/or assistance group size; or

(3) Social security administration action or failure to take action resulting in the assistance group's categorical eligibility, provided a claim can be calculated based on a change in net income and/or assistance group size.

(G) What instances require an inadvertent household error claim determination?

Instances of an inadvertent household error that may result in a claim include, but are not limited to, the following;

(1) The assistance group unintentionally failed to provide the county agency with correct or complete information;

(2) The assistance group unintentionally failed to report to the county agency changes in its circumstances that it was required to report; or

(3) The assistance group unintentionally received benefits or more benefits than it was entitled to receive pending a fair hearing decision because the assistance group requested a continuation of benefits based on the mistaken belief it was entitled to such benefits.

(H) When is a claim considered an agency error?

A claim shall be handled as an agency error claim when the overpayment was caused by county agency action or failure to take action, or, in the case of categorical eligibility, an action by a county agency or the state or local government resulting in the assistance group's improper eligibility for public assistance provided a claim can be calculated based on a change in net income and/or assistance group size.

(I) What instances require an agency error claim determination?

Instances of an agency error that may result in a claim include, but are not limited to, the following:

The county agency:

(1) Failed to take prompt action on a change reported by the assistance group;

(2) Incorrectly computed the assistance group's income or deductions, or otherwise assigned an incorrect allotment;

(3) Incorrectly issued a duplicate EBT card to an assistance group and the card was subsequently transacted;

(4) Continued to provide the assistance group with SNAP benefits after its certification period expired and no reapplication interview was conducted; or

(5) Failed to provide an assistance group a reduced level of SNAP benefits because its public assistance grant changed.

(J) When is a claim determination not required?

A claim shall not be established when an overpayment occurred due to the agency's failure to ensure the assistance group fulfilled the following:

(1) Signed the application form;

(2) Completed current work registration; or

(3) Was certified in the correct county.

(K) How is a claim documented against an assistance group?

(1) The JFS 07424 "Reporting of Claim Determination/Lost Benefits" shall be completed on all SNAP claims including trafficking related claims.

(2) All JFS 07424 forms shall be completed and properly filed at the county agency. The county department of job and family services director or designee is responsible for reviewing and approving all claims regardless of the amount.

(3) Prompt corrective action to prevent a further overpayment is required.

(L) What is the claim management process and what are the time frames for establishing claims?

(1) Within three months of the complaint, the county agency shall screen to determine when a potential claim exists. When a potential claim exists the claim shall be logged into the statewide automated eligibility system. The date the complaint is entered into the system is the "discovery or referral date" unless the referral of a potential claim is based on a quality control finding as set forth in paragraph (L)(3) of this rule.

(2) When a potential claim exists, within five months of the "discovery or referral date", the county agency shall investigate, obtain verification, calculate the claim and mail the initial demand notice which is the "established date" unless a potential intentional program violation exists. When a potential intentional program violation exists the claim shall be referred to the county prosecutor or the Ohio department of job and family services (ODJFS) bureau of state hearings for an administrative disqualification hearing within three months of the date the claim is calculated. Once the decision is rendered, the initial demand notice is issued.

(3) For potential claims based on quality control findings, within ten business days after receiving the quality control finding the county agency shall enter the potential claim into the statewide automated eligibility system. This is the "discovery or referral date". The county agency shall investigate, obtain verification, calculate the claim, and mail the initial demand notice within five months of the referral date.

(4) The county agency shall ensure that no less than ninety per cent of all claim referrals are either established or disposed of according to the above time frames.

(M) What is the process when it is determined that internal fraud or gross negligence has occurred during the county certification process?

When it is determined by the United States department of agriculture (USDA), or ODJFS in conjunction with USDA, that there has been gross negligence or fraud on the part of the county agency in the certification of assistance groups or the issuance of SNAP benefits, the county agency will be liable for the dollar amount of benefits issued as the result of such negligence or fraud.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2025
Prior Effective Dates: 3/24/1988 (Emer.), 10/1/1988 (Emer.), 4/1/1989, 10/1/1990, 8/1/2015

Rule 5101:4-8-17 | Food assistance: calculating the overpayment claim amount and processing intentional program violations.

• Effective: May 1, 2021
• Promulgated Under: 111.15

The county agency is to calculate claims, make collections, and disqualify assistance group members based on the date of overpayment, date of discovery, and the supplemental nutrition assistance program (SNAP) regulations in effect at the time of the overpayment.

(A) How is the claim amount calculated for non-trafficking claims?

(1) A county agency is to calculate a claim according to the following timeframes:

(a) Except as provided in paragraph (E) of this rule, inadvertent household error claims are to be calculated back to at least twelve months prior to when it became aware of the overpayment; the county agency is not to include any amounts occurring more than six years before it became aware of the overpayment.

(b) Except as provided in paragraph (F) of this rule, agency error claims are to be calculated back twelve months prior to when it became aware of the overpayment.

(c) Except as provided in paragraph (D) of this rule, intentional program violation claims are to be calculated back to the month the act of the intentional program violation first occurred; the county agency is not to include any amount occurring more than six years before it became aware of the overpayment.

(2) To calculate a claim, the county agency is to:

(a) Determine the correct amount of benefits the applicant should have received for each month. Do not apply the earned income deduction to any earned income the assistance group failed to report in a timely manner. When the agency failed to act on reported earned income apply the earned income deduction.

(b) Subtract the amount of the benefit the applicant should have received from the benefit amount actually received. This is the amount of the overpayment. When the overpayment equals zero or is negative dispose of the claim referral.

(c) Reduce the overpayment amount when there are any expunged benefits from the assistance group's electronic benefit transfer account. The county agency is to document any reduction of an overpayment claim by use of expunged benefits via the statewide automated eligibility system. The difference from the amount of the expunged benefits and the overpayment amount is the amount of the claim.

(B) How is the claim amount calculated for trafficking claims?

Claims arising from trafficking-related offenses are to be the value of the trafficked benefits as determined by:

(1) The individual's admission;

(2) Adjudication; or

(3) The documentation that forms the basis for the trafficking determination.

(C) How are intentional program violation claims processed?

When an assistance group member is found to have committed an intentional program violation, the county agency is to disqualify that individual and initiate collection action against the remaining adult assistance group members.

For intentional program violation claims, the amount of SNAP benefits collected is to be the greater of twenty per cent or twenty dollars per month of the assistance group's monthly entitlement, before disqualification of the assistance group member found to have committed the intentional program violation.

(D) When should a claim resulting from an intentional program violation by intentionally failing to report a change begin?

When the assistance group member is determined to have committed the intentional program violation by intentionally failing to report a change in the assistance group's circumstances, the first month affected by the assistance group's failure to report is to be the first month in which the change would have been made effective had it been reported timely. When calculating the claim amount, the county agency is to:

(1) Allow the maximum reporting allowance of ten days following the end of the month in which the change first occured plus the maximum allowance for notice of adverse action of fifteen days. Therefore, for purposes of claim calculation, a change cannot be effective sooner than twenty-five days from the date the change occured.

(2) Calculate claims back to at least twelve months prior to when the county agency became aware of the overpyament in accordance with paragraph (A)(1)(c) of this rule, and not include any amounts occuring more than six years before the date of discovery.

(3) Prior to the determination of an intentional program violation or the signing of either a waiver of right to a disqualification hearing or a disqualification consent agreement in cases of deferred adjudication, the claim against the assistance group is to be handled as an inadvertent household error claim.

(E) When should a claim resulting from an inadvertent household error for failing to report a change timely begin?

When due to a misunderstanding or inadvertent error on the part of the assistance group, the assistance group failed to report a change in its circumstances within ten days following the end of the month in which the change first occurred, the first month affected by the assistance group's failure to report is to be the first month in which the change would have been effective had it been reported timely. When calculating the claim amount, the county agency is to:

(1) Allow the maximum reporting allowance of ten days following the end of the month in which the change first occured plus the maximum allowance for notice of adverse action of fifteen days. Therefore, for the purposes of claim calculation, a change cannot be effective sooner than twenty-five days from the date the change occured.

(2) Calculate claims back to at least twelve months prior to when the county agency became aware of the overpayment in accordance with paragraph (A)(1)(a) of this rule, and not include any amounts occuring more than six years before the date of discovery.

(F) When should a claim resulting from an agency error for failing to act timely on a reported change begin?

When the assistance group timely reported a change, but the county agency did not timely act on the change, the first month affected by the county's failure to act is to be the first month the county agency should have made the change effective. Therefore, when a notice of adverse action was required but was not provided, the county agency is to assume that the maximum advance notice period of fifteen days would have expired without the assistance group requesting a fair hearing. In accordance with paragraph (A)(1)(b) of this rule, claims are to be calculated back twelve months prior to when the county agency became aware of the overpayment.

(G) When are claims to be offset?

After calculating the amount of the claim, the county agency is to offset the amount of the claim (even when the claim is one hundred twenty-five dollars or less) against any amount of lost benefits that have not yet been restored to the assistance group. The county agency is not to offset against retroactive or initial benefits in accordance with paragraph (G) of rule 5101:4-8-03 of the Administrative Code. The county agency is to then initiate collection action for the remaining balance. When the county agency did not complete a JFS 07424, "Report of Claim Determination/Lost Benefits" because the claim was one hundred twenty- five dollars or less, at the time the offset action is taken, the county agency is to complete the JFS 07424 so documentation exists as to why the lost benefit amount was reduced.

(H) What is the disqualification period for intentional program violations?

Individuals found to have committed an intentional program violation either through an administrative disqualification hearing, a federal, state, or local court, or who have signed either a waiver of right to an administrative disqualification hearing, or a disqualification consent agreement in cases referred for prosecution, is to be ineligible to participate in the program as follows:

(1) For a period of twelve months upon the first offense of any intentional program violation, except as provided in paragraphs (I) to (L) of this rule.

(2) For a period of twenty-four months upon the second offense of any intentional program violation, except as provided in paragraphs (I) to (L) of this rule.

(3) Permanently upon the third offense of any intentional program violation.

(4) The disqualification period for non-participants at the time of the administrative disqualification or court decision is to take precedence in accordance with division 5101:6 of the Administrative Code.

(I) What is the disqualification period for controlled substance violations?

Individuals found by a federal, state, or local court to have used or received SNAP benefits in a transaction involving the sale of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), (12/2014) is to be ineligible to participate in the program as follows:

(1) For a period of twenty-four months upon the first offense of such a violation.

(2) Permanently upon the second offense of such a violation.

(J) What is the disqualification period for violations involving firearms, ammunition, or explosives?

Individuals found by a federal, state, or local court to have used or received SNAP benefits in a transaction involving the sale of firearms, ammunition, or explosives is to be permanently ineligible to participate in the program upon the first offense of such violation.

(K) What is the disqualification period for violations involving trafficking SNAP benefits of five hundred dollars or more?

(1) An individual is to be permanently disqualified when convicted by a federal, state, or local court of trafficking SNAP benefits for an aggregate amount of five hundred dollars or more.

(2) For purposes of this rule "trafficking" is defined as fraudulently using, transferring, altering, acquiring or possessing SNAP benefits or presenting SNAP benefits for payment or redemption knowing the same to have been fraudulently obtained or transferred for cash or consideration other than eligible food. "Acquiring SNAP benefits" does not include providing false information as part of the certification, recertification, or reporting changes processes.

(L) What is the disqualification period for violations involving the receipt of multiple benefits?

An individual is to be ineligible to participate in the SNAP program for a ten-year period when the individual is found, through an administrative disqualification hearing, a federal, state, or local court, or who has signed either a waiver of right to administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, of having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the SNAP program.

Last updated May 1, 2021 at 9:04 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 5/1/2026
Prior Effective Dates: 6/2/1980, 9/27/1982, 8/1/1983, 4/1/1984 (Temp.), 10/20/1984, 6/18/1988, 11/18/1988, 4/1/1989, 2/3/1992, 9/22/1996 (Emer.), 11/22/1996 (Emer.), 2/7/1997, 10/1/1997, 7/15/1999, 8/11/2001, 9/1/2004

Rule 5101:4-8-19 | Food assistance: initiating collection action and managing claims.

• Effective: December 1, 2020
• Promulgated Under: 111.15

(A) When shall a county agency initiate collection on a claim?

(1) When a claim is over one hundred twenty-five dollars.

(2) When a claim is one hundred twenty-five dollars or less if:

(a) The assistance group is participating in the program; or

(b) The claim has already been established; or

(c) The claim was discovered as an overpayment in a quality control review; or

(d) The county agency has adopted the policy to pursue all claims regardless of the amount. When the county agency chooses this option, assistance groups shall be informed of this policy.

(B) When can a county agency opt not to collect on a claim?

(1) For claims of one hundred twenty-five dollars or less that cannot be recovered by reducing the assistance group's allotment because they are not participating in the program, the county agency shall record the amount of the claim in the case file so that this amount may be used to offset any lost benefits that may be owed the assistance group at a later date. The county agency does not have to complete the JFS 07424, "Report of Claim Determination/Lost Benefits".

(2) The county agency shall have the option to initiate collection action for claims of one hundred twenty-five dollars or less at such time multiple overpayments for an assistance group total in excess of one hundred twenty-five dollars. When the county agency chooses this option, assistance groups shall be informed of this policy.

(C) What is the process for notifying assistance groups of the intent to collect on a claim?

(1) The county agency shall send a demand letter or written notification to the assistance group of the intent to begin the collection action on a claim, in accordance with Chapter 5101:6-2 of the Administrative Code.

(2) The claim is considered established for tracking purposes as of the date of the initial demand letter or written notification.

(3) When the claim or the amount of the claim was not established at a hearing, the county agency shall provide the assistance group with a one-time notice of adverse action.

(4) The due date or time frame for repayment shall be no later than thirty days after the date of the initial written notification or demand letter.

(5) When any nonparticipating assistance group, against which collection action has been initiated, does not respond to the first demand letter, additional demand letters may be sent at reasonable intervals, such as thirty days, until the assistance group has responded by paying or agreeing to pay the claim, the criteria for terminating collection action has been met, or the county agency initiates other collection actions. When an assistance group falls behind in making payments or is unable to pay the claim, the assistance group's eligibility shall not be affected.

(D) What shall repayment agreements contain?

Any repayment agreement for any claim shall contain:

(1) Due dates or time frames for the submission of payments; and

(2) Language specifying that the assistance group is subject to involuntary collection action when payment is not received by the due date and the claim becomes delinquent.

(E) What determines when a claim is delinquent?

Notwithstanding paragraph (F) of this rule, a claim is considered delinquent when:

(1) It has not been paid by the due date and a satisfactory payment arrangement has not been made. The date of delinquency is the due date on the initial written notification/demand letter, issued in accordance with paragraph (C) of this rule. The claim will remain delinquent until payment is received in full, a satisfactory payment agreement is negotiated, or allotment reduction is invoked; or

(2) A payment arrangement is established and a scheduled payment has not been made by the due date. The date of delinquency is the due date of the missed installment payment. The claim will remain delinquent until payment is received in full, allotment reduction is invoked, or when the county agency determines to either resume or renegotiate the repayment schedule.

(F) When is a claim not considered delinquent, even though payments on the claim have not been received?

The claim is not considered delinquent when:

(1) Another claim for the same assistance group is currently being paid either through an installment agreement or allotment reduction and the county agency expects to begin collection on the claim once the prior claim is settled;

(2) The county agency is unable to determine delinquency status because collection is coordinated through the court system; or

(3) The claim is awaiting a fair hearing decision.

(G) How are claims handled when a claim is subject to a fair hearing?

(1) When the hearing officer determines a claim exists against the assistance group, the assistance group shall be re-notified of the claim. Delinquency shall be based on the due date of this subsequent notice and not on the initial pre-hearing demand letter sent to the assistance group.

(2) When the hearing officer determines a claim does not exist then the claim is terminated or written off in accordance with paragraph (J) of this rule.

(H) What amount should be collected when the claim is reduced by a court or local prosecutor?

Reduction by a court or local prosecutor of the amount an assistance group owes on a claim does not automatically relieve the county agency from administratively pursuing collection of the total claim amount. For example, when the amount of the original claim was two hundred dollars but this amount was arbitrarily reduced by a local county prosecutor to one hundred dollars, the county agency has the obligation to administratively pursue the total of two hundred dollars. The county agency may attempt to collect any overpayment it has determined to have been received by an assistance group in excess of the amount ordered to be repaid by a court. The assistance group cannot be forced, however, to pay the excess amounts. The county agency shall not invoke allotment reduction without the assistance group's permission to collect amounts in excess of the court-ordered restitution. Should new evidence be produced that, according to current regulations, alters the county's determination on the original claim, the original claim amount shall be revoked and a new amount initiated.

(I) When can a county agency compromise on a claim amount?

A county agency may compromise a claim or any portion of a claim when it can be reasonably determined an assistance group's economic circumstances dictate that the claim will not be paid in three years. Compromising a claim is an agreement to adjust the total owed at the end of three years when the assistance group has made payments corresponding with its financial circumstances throughout that period of time.

(1) The county agency may use the full amount of the claim (including any amount compromised) when determining the amount of benefits that shall be offset in accordance with rule 5101:4-8-03 of the Administrative Code.

(2) The county agency may reinstate any compromised portion of a claim when the claim becomes delinquent.

(J) When can a county agency terminate and write off a claim?

A terminated claim is a claim in which all collection action has ceased. A claim written off is no longer considered an account receivable subject to continued federal, state and county agency collection and reporting requirements.

The following describes the claim termination policy:

(1) Invalid claim: when the county agency finds the claim is invalid it shall discharge the claim and reflect the event as a balance adjustment rather than a termination, unless it is appropriate to pursue the overpayment as a different type of claim (i.e., as an inadvertent household error rather than an intentional program violation claim.)

(2) Death of all adult assistance group members: when all adult assistance group members die then the county agency shall terminate and write off the claim, unless the county agency plans to pursue the claim against the estate.

(3) Claim balance less than twenty-five dollars: when the claim balance is less than twenty-five dollars and the claim has been delinquent for ninety days or more the county agency shall terminate and write off the claim, unless other claims exist against this assistance group resulting in an aggregate claim total of twenty-five dollars or more.

(4) Not cost effective: when the county agency determines it is not cost effective to pursue the claim any further (i.e., the cost of further collection action exceeds the amount that can be recovered) the county agency shall terminate and write off the claim.

(5) Delinquent claim: when the claim is delinquent for three years or more the county agency shall terminate and write off the claim unless it plans to continue to pursue the claim through the treasury offset program.

(6) Cannot locate the assistance group: when the assistance group cannot be found the county agency may terminate and write off the claim.

(K) When can a terminated or written off claim be reinstated?

(1) Previously terminated or compromised claims may be reactivated when the assistance group provides a voluntary payment. County agencies shall only reactivate an amount equal to the offset or voluntary payment amount, rather than reactivating the full value of the outstanding claim amount. Reactivating only the amount equal to the offset or the voluntary payment does not change the status of the original claim. The balance remains in terminated or compromised status. To reactivate a previously compromised claim, the balance of the claim shall be recompromised by renegotiating with the assistance group.

(2) When a specific event (e.g. winning the lottery) occurs that increases the likelihood of further collections, the county agency may reinstate the claim.

(L) What are acceptable forms of payment?

(1) Reducing benefits before issuance: this includes allotment reductions and offsets to restored benefits; however, the county agency shall follow the instructions and limits found in paragraphs (M)(1) and (M)(3) of this rule.

(2) Reducing benefits after issuance: benefits may be recouped from an assistance group's electronic benefit transfer (EBT) account; however, the county agency shall follow the instruction and limits found in paragraph (M)(2) of this rule.

(3) Cash: cash, check, money order and credit or debit cards are acceptable forms of repayment; however, when a county agency does not have the capability to accept credit or debit cards it does not have to accept this form of repayment.

(4) Public service: an assistance group member may be required to perform public service to repay a claim; however, this form of payment shall be ordered by a court specifically for the repayment of a claim. When the court does not order a rate of pay, the federal minimum wage shall be used.

(5) Treasury offset program: to offset the claim with federal payments the county agency shall follow the procedures described in rule 5101:4-8-30 of the Administrative Code.

(M) What collection methods are available to the county agency?

(1) Allotment reduction: a county agency shall automatically collect payments for any claim by reducing the amount of monthly benefits an assistance group receives in accordance with rule 5101:4-8-17 of the Administrative Code unless the assistance group agrees to make higher regular payments to repay the claim.

(a) For an intentional program violation claim, limit the amount reduced for each category of the claim to the greater of twenty dollars per month or twenty per cent of the assistance group's monthly entitlement, before disqualification of the assistance group member found to have committed the intentional program violation, in accordance with rule 5101:4-8-17 of the Administrative Code, unless the assistance group agrees to a higher amount.

(b) For an inadvertent household error or agency error claim, limit the amount reduced for each category of the claim to the greater of ten dollars per month or ten per cent of the assistance groups monthly allotment, unless the assistance group agrees to a higher amount.

(c) The county agency shall not reduce the initial allotment when the assistance group is first certified unless the assistance group agrees to this reduction.

(d) When an assistance group has multiple claims against it, the county agency shall invoke allotment reduction on one claim at a time. The county agency shall recoup claims in sequence, obtaining full payment on the oldest claim before proceeding to the next claim.

(2) EBT reduction: the county agency shall allow an assistance group to pay its claim using benefits from its EBT account.

The county agency shall comply with the following EBT claims collection and adjustment requirements:

(a) Collecting from active (or reactivated) EBT benefits:

(i) The county agency shall obtain written permission from the assistance group pursuant to paragraph (M)(2)(d) of this rule. This permission may be obtained in advance.

(ii) Oral permission is allowed for one time reductions as long as the county agency sends the assistance group a receipt of the transaction within ten days after the reduction.

(iii) The county agency may retain a percentage of the collection as an incentive pursuant to rule 5101:4-8-23 of the Administrative Code.

(b) For making an adjustment with expunged EBT benefits:

(i) The county agency shall adjust the amount of any claim by subtracting any expunged amount from the EBT benefit account for which the county agency becomes aware. The county agency shall document the use of the expunged benefits as a claim offset in the statewide automated eligibility system to ensure no duplicate use.

(ii) The county agency shall not retain a percentage of the collection as an incentive pursuant to rule 5101:4-8-23 of the Administrative Code when using expunged benefits to collect on an overpayment claim.

(c) A collection from an EBT account shall be non-settling against the benefit drawdown account.

(d) At a minimum, any agreement with the assistance group to collect a claim using active EBT benefits shall include:

(i) A statement that this collection activity is strictly voluntary;

(ii) The amount of the payment;

(iii) The frequency of the payment (i.e., whether monthly or one time only);

(iv) The length (if any) of the agreement; and

(v) A statement that the assistance group may revoke this agreement at any time.

(3) Offsets to restored benefits: the county agency shall reduce any restored benefits owed to an assistance group by the amount of any outstanding claim, except for an "initial" benefit month in accordance with paragraph (G) of rule 5101:4-8-03 of the Administrative Code. Offsetting may be done at any time during the claim establishment and collection process.

(4) Lump sum payments: the county agency shall accept any payment for a claim whether it represents full or partial payment. The payment may be in any of the acceptable formats.

(5) Installment payments: the county agency may accept installment payments made for a claim as part of a negotiated repayment agreement.

When the assistance group fails to submit a payment in accordance with the terms of its negotiated repayment schedule, the assistance group's claim becomes delinquent and will be subject to additional collection actions.

(6) Public service: when authorized by a court, the value of a claim may be paid by the assistance group performing public service. When the court does not order a rate of pay, the federal minimum wage shall be used.

(7) Other collection actions: the county agency may employ any other collection actions to collect claims. These actions include, but are not limited to, referrals to collection and/or other similar private and public sector agencies, and small claims court.

(8) Unspecified joint collections: when an unspecified joint collection is received for a combined public assistance and supplemental nutrition assistance program (SNAP) recipient claim, each program shall receive its pro rata share of the amount collected. An unspecified joint collection is when funds are received in response to correspondence or a referral containing both the SNAP and other program claim and the debtor does not specify which claim to apply the collection.

The county agency shall not use additional collection methods against individuals in an assistance group that is already having its benefit reduced unless the additional payment is voluntary.

The county agency may continue to use any other collection method against any individual who is not a current member of the assistance group even when the assistance group is undergoing allotment reduction.

For agency error claims established prior to September 22, 1996 the county agency may not use involuntary allotment reduction for the collection. When an individual volunteers for allotment reduction the county agency shall accept the allotment reduction for collection.

(N) What happens when an assistance group overpays on a claim?

When an assistance group has overpaid a claim, the county agency shall determine if there are other SNAP claims the overage can be applied to. When there are no other claims the overage shall be refunded. The assistance group shall be paid by whatever method the county agency deems appropriate considering the circumstances. The county agency shall issue the amount to the assistance group that includes the incentive retained by the county agency.

(O) How is the claim handled when a SNAP recipient moves to or from another state?

(1) Unless a transfer occurs as outlined in paragraph (O)(2) of this rule, the county agency is responsible for initiating and continuing collection action on any SNAP recipient claim regardless of whether the assistance group remains in the state.

(2) The county agency may accept a claim from another state agency when the assistance group with the claim moves into the county. The state agency that overpaid benefits to the assistance group shall have the first opportunity to collect any overpayment. However, when the state agency that overpaid benefits to the assistance group does not take prompt action to collect, then the county agency administering the area into which the assistance group moves should initiate action to collect the overpayment. Prior to initiating action to collect such overpayments the county agency shall contact the state agency that overpaid benefits to ascertain that it does not intend to pursue prompt collection. The incentive for any collected claims shall be retained by the county agency collecting the overpayment. Once a county agency accepts the responsibility for an overpayment claim, the claim is the county agency's responsibility for future collection and reporting.

(P) How is a claim handled when a SNAP recipient moves to a different county?

(1) When an assistance group moves and applies for or receives SNAP benefits from a new county of residence, the assistance group case file material shall be transferred to the new county of residence.

(2) Any associated claim case shall not transfer from the original county of residence to the new county of residence. However, the transferred assistance group case file shall contain copies of documentation that a claim exists. When there is an associated claim case, the county shall follow the procedures outlined in the case file transfer procedures for SNAP.

(3) The county establishing the claim remains responsible for any applicable court action or collection action concerning an outstanding claim balance.

(4) The new county of residence shall implement allotment reduction for claim collection upon the request of the original county.

(5) When the new county of residence makes a collection on a claim, it shall be entered into the statewide automated eligibility system.

(6) The county agency that initially completes the claim and, in the case of an intentional program violation the prosecution or administrative disqualification hearing, is entitled to the applicable incentive. These incentives will be restored on a quarterly basis.

(Q) What happens when a claim is included in a bankruptcy proceeding?

A county or state agency shall act on behalf of the United States department of agriculture food and nutrition service (FNS) in any bankruptcy proceeding against bankrupt assistance groups with outstanding recipient claims. Bankruptcy information shall be documented in the statewide automated eligibility system. Bankruptcy of one assistance group member does not terminate a claim when there are other adult assistance group members liable for the claim.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2025
Prior Effective Dates: 10/1/1981, 8/1/1983, 9/24/1983 (Temp.), 6/1/1984, 5/3/1985 (Emer.), 6/18/1988, 10/1/1988 (Emer.), 11/18/1988, 4/1/1989, 9/17/1989, 5/22/1990, 10/1/1991, 8/1/1992 (Emer.), 7/1/1995, 12/1/1995, 11/22/1996 (Emer.), 3/23/1997, 8/1/1998, 9/1/2004, 2/1/2012

Rule 5101:4-8-23 | Food assistance: claims retention rates and accounting procedures.

• Effective: December 1, 2020
• Promulgated Under: 111.15

(A) What are the county agency retention rates?

A retention rate is the amount of incentive the county agency can keep from the overpayment collection. The rates are as follows:

(1) Intentional program violation claim: thirty-five per cent.

(2) Inadvertent household error claim: twenty per cent.

(3) Agency error claim: no retention.

The county agency shall not retain any of the amount by which the original allotment was reduced because of removing the intentional program violation individual from the assistance group. The county agency may retain the corresponding portion of the collected overpayment amount.

When an inadvertent household error and agency error occurred but it cannot be determined which months are from the agency error and which months are an inadvertent household error, the claim shall be classified as an agency error and the county agency shall not retain any portion of the collection. When the county agency discovers overpayments spanning several months, some months attributable solely to assistance group error and some months to agency error, two claims shall be established in order to retain twenty per cent of the collections on the inadvertent household error claim. Overpayments occurring in months attributable to assistance group error shall be calculated independently of the months attributable to agency error. The county agency must complete a separate JFS 07424 "Report of Claim Determination/Lost Benefits".

When an overpayment is a result of an inadvertent household error and agency error with the same month, the claim is considered an agency error and the county agency may not retain any amount from the overpayment.

(B) What is the county agency retention rate when a claim established as an inadvertent household error claim becomes an intentional program violation claim?

The county agency shall retain twenty per cent of the collection (except expungements) on an inadvertent household error claim. The county agency shall retain twenty per cent of the amounts recovered on a claim being handled as an inadvertent household error claim pending a determination by an administrative disqualification hearing officer or a court of appropriate jurisdiction that an intentional program violation was committed, or receipt of either a signed waiver or consent agreement. Once the determination or signed document is obtained, the county agency may recover from the state an additional fifteen per cent incentive on collections made before the change in claim status. The county agency shall update the statewide automated eligibility system when there is a change in claim status. The county agency shall revise the JFS 07424 when the status of a claim is changed from inadvertent household error to intentional program violation.

(C) What are the accounting procedures for monitoring overpayment claims?

(1) The county agency shall maintain an accounting system for monitoring recipient claims against assistance groups. This accounting system shall consist of both the system of records maintained for individual debtors and the accounts receivable summary data maintained for these debts.

At a minimum, the accounting system shall document the following for each claim:

(a) The date of discovery;

(b) The reason for the claim;

(c) The calculation of the claim;

(d) The date the claim was established;

(e) The methods used to collect the claim;

(f) The amount and incidence of any claim processing charges;

(g) The reason for the final disposition of the claim;

(h) Any collections made on the claim;

(i) Any correspondence, including follow-up letters, sent to the assistance group;

(j) An intentional program violation claim shall also include the administrative disqualification hearing decision, a disqualification consent agreement, waiver of administrative disqualification hearing, or court order indicating the assistance group was convicted of intentional program violation; and

(k) Terminated claims shall also include the basis for termination of collection action.

(2) At a minimum the accounting system shall also identify the following for each claim:

(a) Those assistance groups whose claims have become delinquent (the statewide automated eligibility system automatically issues a notice to recipients whose installment agreement repayments are delinquent); and

(b) Those situations in which an amount not yet restored to an assistance group can be used to offset a claim owed by the assistance group; and

(c) Those assistance groups with outstanding claims that are applying for benefits.

(D) What happens to the retained incentive funds?

The county agency shall deposit all cash collections reported into its public assistance fund. The county agency public assistance fund then will be adjusted as part of the quarterly reconciliation process to reflect the amount of total collections the county agency is entitled to retain.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2025
Prior Effective Dates: 10/1/1981, 6/1/1984, 9/17/1989, 1/5/1990 (Emer.), 5/22/1990, 10/1/1991, 8/1/1992 (Emer.), 9/1/1994, 11/22/1996, 9/1/2004, 8/1/2015

Rule 5101:4-8-30 | Food assistance: treasury offset program.

• Effective: March 1, 2020
• Promulgated Under: 111.15

(A) What is the treasury offset program (TOP)?

The TOP allows the United States department of the treasury to offset eligible federal payments as a means of collecting past-due supplemental nutrition assistance program (SNAP) claims established in accordance with this chapter of the Administrative Code.

(B) What is an eligible federal payment?

Eligible federal payments include:

(1) Federal income tax refunds;

(2) Federal salary income, including military pay;

(3) Federal retirement income, including military retirement income;

(4) Contractor/vendor payments;

(5) Certain federal benefit payments, such as social security, railroad retirement (other than tier 2), and black lung (part B) benefits; and

(6) Other federal payments, including certain loans that are not exempt from offset.

(C) Which claims are referred to the TOP?

The Ohio department of job and family services (ODJFS) refers claims that are legally enforceable and past-due.

(1) A claim is legally enforceable when:

(a) The case record contains verification that the debtor has been notified of hearing rights concerning the claim;

(b) The case record contains documentation showing the claim was properly established in accordance with this chapter;

(c) The claim balance is twenty-five dollars or more; and

(d) The claim has not been discharged in bankruptcy and there is not a bankruptcy stay in effect.

(2) When is a claim past due?

A claim is past due when payment has not been received for one hundred twenty days and the debtor has not responded to a notice of default.

A claim is not past-due when:

(a) A state hearing on the issue of the establishment of the claim is pending;

(b) In accordance with paragraph (C) of rule 5101:4-8-19 of the Administrative Code, the thirty days allowed for the debtor's response to a food assistance repayment agreement have not expired;

(c) The debtor is making regular payments according to the terms of their negotiated repayment schedule;

(d) The claim has already been paid off; or

(e) There is another documented reason why the claim is not legally enforceable or past-due.

(D) Is the debtor notified prior to the referral to the TOP?

No later than sixty days before the referral to the TOP, at least one debtor on a claim is notified of the pending referral.

(E) Will a payment made on the claim cancel the referral to the TOP?

(1) When a debtor makes an acceptable repayment arrangement the claim shall not be referred for offset. An acceptable repayment arrangement means:

(a) When the claim balance is five hundred dollars or less, the balance shall be paid in full within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of this rule.

(b) When the claim balance is more than five hundred dollars:

(i) Payment(s) totaling five hundred dollars are to be received within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of this rule; and

(ii) The debtor is to agree in writing to repay the balance of the claim.

(2) Any payment that the county agency receives in response to the notice issued in accordance with paragraph (D) of this rule shall be credited to the claim proposed to be referred for offset. The county agency shall enter the repayment information into the statewide automated eligibility system on the day that the repayment is received. When the claim balance is more than five hundred dollars, a payment of less than five hundred dollars will not prevent or cancel the offset action.

(F) What are the responsibilities of the county agency?

The county agency shall:

(1) Have a nationwide toll-free telephone service available to the debtor during the agency's regular business hours. The county agency's toll-free telephone number and mailing address shall be printed on all notices issued to debtor.

(2) Verify the debtor's identifying information before discussing the claim with the individual.

(3) Comply with the federal taxpayer information safeguarding requirements described in rule 5101:9-9-25 of the Administrative Code.

(4) Forward written requests to ODJFS, office of fiscal and monitoring services, bureau of program integrity (BPI) for a review on a claim that has not yet been referred to the TOP in accordance with rule 5101:4-8-30.1 of the Administrative Code.

(5) Submit the JFS 07430 "Offset Programs Referral Cancellation/Refund Request" to ODJFS within one business day of the determination that a referral is to be canceled.

(G) What happens when the amount of the offset exceeds the amount of the claim?

When the amount of the offset exceeds the amount of the claim, the debtor shall be refunded the difference between the unpaid amount of the claim and the amount offset.

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 3/1/2025
Prior Effective Dates: 9/1/1998 (Emer.), 11/1/1998

Rule 5101:4-8-30.1 | Food assistance: review of a claim pending a treasury offset program referral.

• Effective: March 1, 2020
• Promulgated Under: 111.15

In accordance with rule 5101:4-8-30 of the Administrative Code, an individual financially responsible (debtor) for a supplemental nutrition assistance program (SNAP) claim that disagrees with a referral to the treasury offset program (TOP) may request a review by the Ohio department of job and family services (ODJFS), office of fiscal and monitoring services, bureau of program integrity (BPI), and then by the United States department of agriculture (USDA) food and nutrition service (FNS).

(A) What are the responsibilities of BPI when a written review request concerning the referral of the debt to the TOP is received?

BPI shall:

(1) Conduct a review on all requests received within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of rule 5101:4-8-30 of the Administrative Code. BPI will not conduct a review on requests received later than sixty days after the mailing date of the notice.

(2) Not refer a claim for offset while the claim is under review.

(3) Verify the debtor's social security number.

(4) Verify that when someone other than the debtor makes a written request for review on behalf of the debtor, the request includes a statement signed by the debtor, authorizing the person to represent the debtor.

(5) For written review requests issue a written notice to the debtor within thirty days of receipt of the written request for review, when it is determined that the claim is legally enforceable and past-due. The notice includes:

(a) A statement that the claim will be referred to the TOP unless the debtor makes an acceptable repayment arrangement on the claim in accordance with paragraph (E) of rule 5101:4-8-30 of the Administrative Code; and

(b) Instructions and time limits to request a review by FNS of the BPI determination. The request for an FNS review is to be received by the USDA FNS midwest regional office within thirty days from the mailing date of the notice.

(6) For written review requests issue a written notice to the debtor within thirty days of the receipt of the written request for review, when it is determined that the claim is not legally enforceable and/or past-due. This notice includes:

(a) A statement that the claim will not be referred to offset; and

(b) A statement that the county agency or BPI may take action necessary to establish and/or recover the claim.

(7) Cancel the referral in accordance with rule 5101:4-8-30 of the Administrative Code, when a determination is made that a claim is not legally enforceable and past-due.

(8) Issue a copy of the written notice(s) sent to the debtor to the county agency.

(B) When an FNS review of the BPI determination has been requested, who does FNS notify of their determination?

FNS notifies BPI and the debtor of its determination. BPI will then notify the applicable county agency of the FNS determination.

(1) When FNS determines that BPI correctly determined the claim to be past due and legally enforceable, FNS notifies the debtor that any further appeal is to be made through the courts and the referral to the TOP will proceed.

(2) When FNS determines that BPI incorrectly determined the claim to be past due and legally enforceable, FNS notifies BPI about any corrective action that is to be taken with respect to the claim.

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 3/1/2025
Prior Effective Dates: 9/1/1998 (Emer.)