N.M. Admin. Code § 8.100.640.9 - ESTABLISHING PERIOD OF ERROR
A. An
erroneous payment occurs when an error is made by the client or the department
that resulted in an underpayment or overpayment of program benefits or
assistance.
B.
Restoration
of benefits: If benefits must be restored to an eligibility
determination group, the department shall determine each month for which the
eligibility determination group was underpaid benefits. The month(s) may or may
not be consecutive. In some cases, federal regulations mandate the restoration
of SNAP benefits to eligibility determination groups for a specific time
period.
C.
Overpayment of
benefits:
(1)
Establishing
period of overpayment: If benefits have been overpaid to an eligibility
determination group, the department shall determine each month in which the
eligibility determination group received benefits to which it was not entitled.
The months may or may not be consecutive.
(a)
The first month in which a benefit is considered erroneous is the month in
which the eligibility determination group received a benefit amount differing
from the amount that the eligibility determination group was entitled to
receive.
(b) The last month of an
erroneous payment ends on the last day of the last month in which payment is
discovered. In the case of an overpayment, if the period of overpayment has
been extended while a proposed reduction or termination is the subject of an
administrative hearing decision, it is included in the overpayment claim
period.
(2)
Establishing a claim: A claim will be established against any
eligibility determination group for any month in which the eligibility
determination group received an overpayment of benefits if it exceeds the
claims establishment threshold as defined in Subsection G of
8.100.640.11 NMAC.
(a) At a minimum, the department shall take
action on claims for which twelve (12) months or less have elapsed between the
month an overpayment occurred and the month the overpayment was
discovered.
(b) The department may
choose to take action on claims for which more than twelve (12) months have
elapsed.
(c) No action will be
taken on claims for which more than six (6) years have elapsed between the
month an overpayment occurred and the month an overpayment was
discovered.
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