DTA can cut your current SNAP/food stamp benefits to recover benefits that you got by mistake or because you committed an intentional program violation. 106 C.M.R. § 367.510. This includes benefits that you got while you were waiting for a hearing decision and you lost the appeal. 106 C.M.R. § 367.275.
To recover SNAP/food stamp benefits, DTA can automatically reduce the amount of monthly benefits you get now. If the overissuance was because of a mistake (either yours or DTA's), DTA can reduce your benefits by ten percent or $10, whichever is greater. 106 C.M.R. § 367.495(G). If the overissuance was because you committed an intentional program violation, DTA can reduce your benefits by 20 percent or $20, whichever is greater. 106 C.M.R. § 367.500(B)(2). Before reducing your benefits, DTA will send you a letter asking you to the pay the claim, and may try to get you to sign an agreement. You do not have to pay or sign an agreement to pay more than DTA could recover through automatic reduction (10% for mistakes, 20% for IPVs, or at least $10).
See What are my rights if DTA denies or cuts my benefits? on your right to request a hearing if DTA claims you were overpaid benefits.
You have a right to advance notice and an opportunity for a hearing before your SNAP/food stamp benefits are cut. 106 C.M.R. §§ 364.870, 364.880, 366.200.
Note
DTA cannot take money for a SNAP/food stamp overissuance out of your TAFDC or EAEDC, and it cannot take money for a SNAP/food stamp overissuance out of your cash benefits unless you want them to do so. See M.G.L. c. 118, § 10, 7 C.F.R. § 273.18(g)(1)(v).
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
