18 Miss. Code. R. 27-2.10 - Treasury Offset Program (TOP)

MDHS must:

A. Refer to Treasury Offset Program (TOP) all recipient claims that are delinquent for 120 or more days.

B. Certify that all of these claims to be referred to TOP are 120 days delinquent and legally enforceable.

C. Refer these claims in accordance with MDHS and the Department of the Treasury instructions.

D. Not refer claims to TOP:

1. When the agency becomes aware that the debtor is a member of a participating household that is having its allotment reduced to collect the claim; or

2. That fall into any other category designated by MDHS as non-referable to TOP.

E. Notify the debtor of the impending referral to TOP according to our instructions relating to:

1. What constitutes an adequate address to send the notice;

2. What specific language will be included in the TOP referral notice;

3. What will be the appropriate time frames and appeal rights; and

4. Any other information that we determine necessary to fulfill all due process and other legal requirements as well as to adequately inform the debtor of the impending action.

F. Follow FNS and Treasury procedures when the claim is in TOP. MDHS must remove a claim from TOP if:

1. FNS or Treasury instructs MDHS to remove the debt; or

2. The agency discovers that:

a. The debtor is a member of a SNAP household undergoing allotment reduction;

b. The claim is paid up;

c. The claim is disposed of through a hearing, termination, compromise or any other means; or

d. The claim was referred to TOP in error; or

e. You make an arrangement with the debtor to resume payments.

Notes

18 Miss. Code. R. 27-2.10

31 CFR § 285.4(d)

Adopted 6/10/2022