106 CMR 366.510
Entitlement for Benefits Including Underpayments
A household is entitled to lost benefits only for those months the household was eligible to
participate. In cases where there is no information in the household's case record to document
that the household was actually eligible, the Department shall advise the household of what
information must be provided to determine eligibility for these months. For each month that the
household cannot provide the necessary information to demonstrate its eligibility, the household
shall be considered ineligible for restoration of lost benefits. The Department shall restore to the
household benefits that were lost because of:
(A) an agency error, such as an incorrect allotment, an incorrect denial or termination of
benefits, agency delay in acting on a reported change, or failure to provide benefits for the month
following the expiration of the certification period for households properly fulfilling the
recertification process;
(B) a fraud disqualification penalty of a household member that is later reversed; and
(C) an error by the Department or by SSA through joint application processing. Such an error
shall include, but is not limited to, the loss of an applicant's SNAP application after it has been
filed with SSA.
Households are also entitled to lost benefits if a Department policy specifically provides for
restoration of lost benefits.
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