HUMAN SERVICES

A. Supplemental Nutrition Assistance Program (SNAP) overpayments are State-administered federal debts. A recipient overpayment is the amount owed as a result of benefits that were overpaid or benefits that were trafficked. B. SNAP overpayments "are a Federal debt subject to this …

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 Dep…

A. MDHS does not compromise any SNAP debts. B. MDHS will terminate a SNAP debt that meets the following criteria: 1. Has been paid in full, or 2. All adult household members are now deceased. Notes 18 Miss. Code. R. 1-2.11 7 CFR § 273.18(e)(8) Adopted 7/11/2022

A. SNAP Intentional Program Violations (IPV) debts are not dischargeable debts when filing for bankruptcy. B. Once MDHS becomes aware that bankruptcy has been filed by a client with an outstanding SNAP overpayment, the Benefit Recovery Unit must: 1. Cease collection during the au…

A. Effective January 1, 2018, Mississippi began the transition to Change Reporting for all households. Under Change Reporting requirements, all households must report the following changes within 10 days of the date the change becomes known to the household:1. Residence and resul…

A. An Intentional Program Violation (IPV) B. An Inadvertent Household Error (IHE) C. An Agency Error (AE) Notes 18 Miss. Code. R. 1-2.3 7 CFR § 271.16(c)(1)(2), 7 CFR § 273.18(b)(2)(3) Amended 9/25/2021 Amended 7/11/2022

A. MDHS is responsible for establishing overpayments for all SNAP claims but must not include any amounts that occurred more than six years before the agency became aware of the overpayment. B. Trafficking-related claims arise from trafficking-related offenses and will be the val…

A. Clients found guilty of Intentional Program Violations (IPV) are ineligible to participate in SNAP. B. When a client is found guilty of an Intentional Program Violation, MDHS must take the necessary steps to disqualify the recipient through the Electronic Disqualification Reci…

A. MDHS may collect on SNAP overpayments by utilizing the local courts to impose court orders and restitutions for Intentional Program Violations. B. MDHS is responsible for collecting restitution payments from the local courts on court ordered SNAP overpayments. C. Demand for re…

A. MDHS must develop and mail or otherwise deliver to the household written notification to begin collection action on any claim. B. The agency is required to notify the household with a one-time notice of adverse action that may be included as part of the demand letter. The noti…

A. Any repayment agreement for any claim must contain due dates or time frames for the periodic submission of payments. B. The agreement must specify that the household will be subject to involuntary collection action(s) if payment is not received by the due date and the claim be…

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 a…

A. The term improper payment is used when a Temporary Assistance for Needy Families (TANF) or a refugee individual receives assistance but was not entitled to all or part of the payment or services rendered. B. Public Law 104-193, the Personal Responsibility and Work Opportunity …

A. The policy for client's in the Temporary Assistance for Needy Families program will be aligned with the SNAP policy. B. Effective January 1, 2018, Mississippi began the transition to Change Reporting for all households. Under Change Reporting requirements, all households must …

A. Agency Errors, (AE) B. Inadvertent Household Errors, (IHE) C. A Suspected Intentional Program Violations, (SIPV) 1. SPIV claims less than $1,000 are referred to the Division of Administrative Hearings for an Administrative TANF Disqualification Hearing. 2. SIPV claims $1,000 a…

MDHS is responsible for handling cases of improper payment and for recovering amounts improperly paid. A. Overpayments may be recovered from liquid assets, gross income, and the assistance grant. However, only gross income and the assistance grant will be used to establish the am…

A. TANF overpayments will be calculated back to the month that the over issuance occurred, not to exceed more than six (6) years prior to the date that the over issuance was discovered. B. Upon determination that a claim is required, the Benefit Recovery Unit must establish and c…

A. When the agency becomes aware that an individual responsible for repayment of an unpaid claim balance is participating in another TANF case, the Benefit Recovery Unit MUST be notified by the county office to transfer the claim to that active case. B. A claim will only be trans…

A. It is the responsibility of the Benefit Recovery Unit to make demands for the repayment of overpayments attributed to benefit errors within the agency. B. The agency first must seek recovery from the primary party responsible for the overpayment. States are required to pursue …

A. Using guidelines dictated by federal regulations and State law, the Benefit Recovery Unit has chosen to recover from only assistance group members who were adult members (18 years of age or older) at the time the overpayment occurred. Individuals who were children in the assis…

The Benefit Recovery Unit is responsible for entering all disqualifications into the agency's database system. A. A TANF overpayment will be handled as an IPV only if an Administrative Disqualification Hearing or court of appropriate jurisdiction has found a household member guil…

A. The Mississippi Department of Human Services shall pursue recovery of any Division of Early Childhood Care and Development (DECCD) improper payments more than $1,000.00. Notes 18 Miss. Code. R. 1-4.1 CCPP Rule 9.10(a) Adopted 9/25/2021 Amended 7/11/2022

A. An Agency Error, (AE) B. An Unintentional Program Violation, (UPV), and C. A Suspected Intentional Program Violation (IPV) Notes 18 Miss. Code. R. 1-4.2 CCPP Rule 9.10(b) (1-3) Adopted 9/25/2021 Amended 7/11/2022

A. The Benefit Recovery Unit will receive overpayment referrals of AEs and UPVs from the Division of Early Childhood Development. B. IPVs shall be handled through the Division of Investigations or the Division of Administrative Hearings. Once the Intentional Program Violation has…

A. For all active providers, the Benefit Recovery Unit shall recover improper payments in the form of a recoupment, which is a reduction in Child Care Payment Program (CCPP) amounts to the childcare provider in subsequent months. B. In the event the improper payment was due to th…

A. The Mississippi Department of Human Services shall pursue recovery of any other agency programmatic division overpayments, in accordance with state and federal regulations. Notes 18 Miss. Code. R. 1-5.1 Adopted 7/11/2022

A. The Benefit Recovery Unit will receive the overpayment claim referral from the appropriate programmatic division with MDHS. B. The overpayment type will be determined and routed to the Division of Investigations or the Division of Administrative Hearings if found to be an Inte…

A. When an overpayment occurs, the agency must take all reasonable steps necessary to promptly correct the benefit amount and recover the overpayment. Methods of overpayment recovery may include but not limited to: 1. Recoupment from active/open case, 2. Repayment agreement, 3. L…

[Repealed] Notes 18 Miss. Code. R. 10-1-I

[Repealed] Notes 18 Miss. Code. R. 10-1-II

Notes 18 Miss. Code. R. 10-1-III MS Code Ann. 1972: § 43-25

[Repealed] Notes 18 Miss. Code. R. 11-1-I

[Repealed] Notes 18 Miss. Code. R. 11-1-II

Notes 18 Miss. Code. R. 11-1-III MS Code Ann. 1972: § 43-25; American Correctional Association 3-JTS

[Repealed] Notes 18 Miss. Code. R. 12-1-I

[Repealed] Notes 18 Miss. Code. R. 12-1-II

Notes 18 Miss. Code. R. 12-1-III MS Code Ann. 1972: § 43-25; American Correctional Association (ACA) 3-JTS

The Food and Nutrition Act of 2008 (as amended) authorizes the Supplemental Nutrition Assistance Program (SNAP). The purpose of the SNAP is to help low-income households increase their food purchasing power in order to obtain a more nutritious diet. Notes 18 Miss. Code. R. 14-1.1…

A. Mississippi has taken the state option to send electronic notices to households once an account has been activated by such household. B. Once the household makes the selection of receiving electronic notices, the household will be responsible for viewing all notices. C. Househ…

SNAP case information is confidential under Federal and State law. Information must be protected in order to prevent unauthorized disclosure. A. Administrative Disclosure: Case information may only be disclosed for purposes directly related to the administration of the following …

A. Program complaints may be made by a member of a household, an authorized representative, or any other person. This does not include complaints alleging discrimination or those that can be pursued through a fair hearing. MDHS provides SNAP applicants and/or recipients an opport…

A. No applicant or participant shall be discriminated against in any aspect of the SNAP administration including, but not limited to, certification of households, issuance of benefits, fair hearing procedures, and any other service for reasons of age, race, color, sex, disability…

A. Federal regulations require as part of the Performance Reporting System Quality Control (QC) Staff to review a sample of households in two categories: 1. Households which are participating in SNAP (called active cases) and 2. Households in which participation was denied, suspe…

A. This Act designates all State agencies providing public assistance as voter registration agencies. B. Voter Registration Services: MDHS must provide all applicants and recipients the opportunity to register to vote or update a voter registration record. Provide a voter registr…

The Food and Nutrition Service (FNS) under the United States Department of Agriculture (USDA) delegates to the Mississippi Department of Human Services (MDHS) the responsibilities of administering the SNAP within the state. These responsibilities include, but not limited to: A. C…

MDHS must provide SNAP applicants and recipients with their rights and responsibilities regarding the program. All program informational materials must be available in other languages and include a statement that the SNAP is available without regard to race, color, sex, age, hand…

A. Federal and state regulations provide certain rights to households applying for or receiving SNAP benefits, including the right to: 1. File an application during working hours on the same day one contacts the office with, at a minimum, a name, address and signature of a respon…