18 Miss. Code. R. 14-31.19 - Computing Amount of Restored Benefits

After correcting the loss for future months and excluding those months that benefits may have been lost prior to the 12-month time limit, MDHS will calculate the amount to be restored as follows:

A. If the household was eligible but received an incorrect benefit, the loss of benefits will only be calculated for those months in which the household participated. If the loss occurred due to an incorrect delay, denial or termination of benefits, the months affected by the loss will be calculated as follows:

1. If an eligible household's application was incorrectly denied, the month the loss initially occurred will be the month of application or for an eligible household filing a timely reapplication, the month following the expiration of its certification period.

2. If an eligible household's application was delayed, the months in which benefits may be lost will be calculated according to Rule 2.26 MDHS Delays.

3. If a household's benefits were incorrectly terminated, the month the loss initially occurred will be the first month benefits were not received as a result of the erroneous action.

4. After computing the date, the loss initially occurred, the loss will 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.

B. For each month affected by the loss, MDHS will determine if the household was actually eligible. In situations where there is no information in the case record to document that the household was actually eligible, MDHS will advise the household of what information must be provided to determine eligibility for those months. For the months in which the household cannot provide the necessary information to prove its eligibility, the household will be considered ineligible.

C. For the months the household was eligible, MDHS will calculate the benefit the household should have received. If the household received a smaller benefit than it was entitled to receive, the difference between the actual and correct benefits equals the amount to be restored.

D. If a claim against a household is unpaid or held in suspense, the amount to be restored will be offset against the amount due on the claim before the balance, if any, is restored to the household. When the household is certified and receives an initial benefit, the initial benefit will not be reduced to offset claims, even if the initial benefit is paid retroactively.

Notes

18 Miss. Code. R. 14-31.19

7 CFR §273.17(d)

Adopted 3/15/2022 Amended 10/20/2023 Amended 12/9/2024 Amended 2/17/2025