111. What if I was overpaid SNAP benefits?
If you get more SNAP benefits than you are eligible for, DTA can recover the overpayment. 106 C.M.R. § 367.490. An overpayment can happen in four ways:
- DTA made a mistake and gave you too much in SNAP. This is called an Agency Error.
- You made an unintentional mistake that caused your SNAP to be higher than you should have received. This is called an Unintentional Program Violation (UPV).
- You received SNAP benefits while you were waiting for a hearing and you then lost the hearing.
- You are found by a court or a DTA administrative hearings officer to have comited fraud or an "Intentional Program Violation" (IPV).
See 106 C.M.R. § 367.495. 106 C.M.R. § 367.275.
DTA will not pursue an Agency Error overpayment if the amount is for less than $600. For example, if DTA paid you an extra $500 in SNAP by mistake, DTA will not ask you to pay it back.
DTA will not pursue a UPV or IPV overpayment if the amount is less than $125 - unless DTA discovered the overpayment during a Quality Control case review. 106 C.M.R. § 364.870.
This chart summarizes when DTA will and will not pursue an overpayment:
|
Will DTA pursue an overpayment? |
|||
|
|
Overpayment Occurred 12+ Months Before DTA Discovery |
Overpayment Less Than $600 |
Overpayment Less Than $125 |
|
Agency Error |
No |
No |
Not applicable |
|
Client Error-UPV |
No |
Yes |
No |
|
Client Fraud-IPV |
Yes (up to 6 years) |
Yes |
No |