475 NAC 4-006
Benefits must be restored to households when they do not receive all of the benefits to which they were entitled because:
1. The agency made a mistake;
2. An intentional program violation disqualification is later reversed;
3. It is required by court order; or
4. Federal regulations specifically require it.
Benefits are restored as soon as possible and must be completed no later than 30 days from the date the agency error was discovered. Benefits must be restored even if the household is not currently eligible or participating in the Food Stamp Program. The amount restored will be in addition to any current benefit the household is entitled to receive; however, if the household has a prior unpaid Accounts Receivable, that amount is offset from the restored amount, and the remainder, if any, is restored to the household.
Restored benefits are not calculated for more than 12 months before the month of the date of discovery, unless court ordered. Underpayments caused by agency error will be restored; however, underpayments caused by the household are not restored.
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