Restoration of lost benefits.

CFR · 2024-01-01 · US · Title 7

(a) (i) The date the State agency receives a request for restoration from a household; or (ii) The date the State agency is notified or otherwise discovers that a loss to a household has occurred. (2) The State agency shall restore to households benefits which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits shall be restored for a period of not more than twelve months from the date the court action was initiated. When the judicial action is a review of a State agency action, the benefits shall be restored for a period of not more than twelve months from the first of the following dates: (i) The date the State agency receives a request for restoration: (ii) If no request for restoration is received, the date the fair hearing action was initiated; but (iii) Never more than one year from when the State agency is notified of, or discovers, the loss. (3) Benefits shall be restored even if the household is currently ineligible. (b) (c) (2) If a household believes it is entitled to restoration of lost benefits but the State agency, after reviewing the case file, does not agree, the household has 90 days from the date of the State agency determination to request a fair hearing. The State agency shall restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to

official document · source cfr-2024 · id 7:§ 273.17