18 Miss. Code. R. 27-2.9 - Recovery of SNAP Overpayments

A. MDHS may collect on a SNAP overpayment by:

1. Reducing benefits prior to issuance. This includes allotment reduction and offsets to restored benefits;

2. Reducing benefits after issuance. These are benefits from electronic benefit transfer (EBT) accounts;

3. Accepting cash or any of its generally accepted equivalents. These equivalents include check, money order, and credit or debit cards;

4. Conducting your own offsets and intercepts. This includes but is not limited to wage garnishments and intercepts of various State payments. These collections are considered "cash" for Food and Nutrition Service (FNS) claim accounting and reporting purposes;

5. Requiring the household to perform public service (This form of payment must be ordered by a court and specifically be in lieu of paying any claim), and/or

6. Participating in the Treasury collection programs

B. MDHS must:

1. Automatically collect payments for any claim by reducing the amount of monthly benefits that a household receives.

2. For an IPV claim, limit the amount reduced to the greater of $20 per month or 20 percent of the household's monthly allotment or entitlement.

3. For an IHE or AE claim, limit the amount reduced to the greater of $10 per month or 10 percent of the household's monthly allotment.

4. Not reduce the initial allotment when the household is first certified.

5. Not use additional involuntary collection methods against individuals in a household that is already having its benefit reduced.

C. MDHS must allow a household to pay its claim using benefits from its EBT benefit account as well as comply with other requirements below:

1. For collecting from active (or reactivated) EBT benefits, the agency must obtain written permission which may be obtained in advance.

2. For collecting from stale EBT benefits, the agency must mail or otherwise deliver to the household written notification that you intend to apply the benefits to the outstanding claim.

3. For making an adjustment with expunged EBT benefits, the agency must adjust the amount of any claim by subtracting any expunged amount from the EBT benefit account for which you become aware.

D. MDHS must reduce any restored benefits owed to a household by the amount of any outstanding claim. This may be done at any time during the claim establishment and collection process.

E. Other forms of repayment for a SNAP overpayment include:

1. Lump sum payments,

2. Installment payments,

3. Intercept of unemployment compensation,

4. Court Order/Judgement

5. Public service, and/or

6. Other collection actions such as state tax refunds, lottery offsets, wage garnishments, property liens, smalls claim court, and Treasury Offset Program.

Notes

18 Miss. Code. R. 27-2.9

7 CFR § 273.18(f)(g)

Adopted 6/10/2022