Computing the Amount to be Restored

(A) Months of Restoration. Except when benefits are restored as the result of the reversal of a fraud disqualification penalty, benefits shall be restored for not more than 12 months prior to whichever of the following occurred first: (1) the month the household or another person or agency notified the Department verbally or in writing of the possible loss of benefits; (2) the month the Department discovered that a loss has occurred; or (3) the date the household requested a fair hearing to contest the adverse action that resulted in the loss. (B) Computing the Amount to be Restored. (1) If an incorrect allotment caused the loss to an eligible household, the loss of benefits shall be calculated only for those months the household participated. The Department shall calculate the allotment the household was eligible to receive during the months of entitlement. The amount to be restored is the difference between the actual allotment and the allotment the household was eligible to receive. (2) If an incorrect denial, delay or termination of benefits caused the loss, the months affected by the loss are calculated as follows: (a) If an eligible household's application was erroneously denied, benefits will be restored back to the month of application. For an eligible household filing a timely reapplication, benefits shall be restored back to the month following the expiration of its certification period; (b) If an eligible household's application was delayed, the months for which benefits will be restored shall be calculated in accordance with 106 CMR 361.900 through 361.960; and (c) If a household's benefits were erroneously terminated, benefits will be restored back to the first month in which benefits were not received as a result of the erroneous action. After computing the date the loss initially occurred, the loss shall be calculated for each month subsequent to that date until either the first month the error is corrected or the first month the household is found ineligible.