16 Del. Admin. Code § 5000-5501

Current through Register Vol. 28, No. 7, January 1, 2025
Section 5000-5501 - Making Corrective Payments or Actions

7 CFR 273.15(s), 42 CFR 431.246, 45 CFR 205.10(a)(16)

This policy applies any time a hearing decision requires an adjustment in benefits. It also applies when an error that favors the appellant/claimant is discovered by the Division of Social Services (DSS) or the Division of Medicaid & Medical Assistance (DMMA).

1. The State Agency Initiates Corrective Actions

Staff will take corrective action (retroactive to the date an incorrect action was taken) when:

A. A hearing decision is favorable to the appellant
B. The agency decides in favor of the appellant prior to the hearing

Staff will take action to initiate the corrective payments or other remedy within 5 business days of the date of the hearing decision.

DSS or DMMA staff will restore benefits to food benefit households that are leaving the State before the household's departure, whenever possible.

NOTE: For food benefits and cash assistance, staff must always prepare a claim against the household for any over-issuance when the hearing decision upholds the agency's action.

16 Del. Admin. Code § 5000-5501

15 DE Reg. 1343 (03/01/12)