Section 475-4-006 - RESTORED BENEFITSBenefits will be restored to households when they do not receive all of the benefits to which they were entitled because:
(A) The Department made a mistake;(B) An intentional program violation disqualification is later reversed;(C) It is required by court order; or(D) Federal regulations specifically require it.006.01RESTORED BENEFIT REQUIREMENTS. Benefits are restored as soon as possible and will be completed no later than 30 days from the date the agency error was discovered. Benefits will be restored even if the household is not currently eligible or participating in the 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.006.02TIMEFRAME FOR RESTORED BENEFITS. 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.006.03CHANGES IN HOUSEHOLD COMPOSITION. If the household composition changes before benefits can be restored, benefits will be restored to the household containing the majority of individuals who were household members at the time the underpayment occurred. If the household containing the majority of members cannot be located, benefits will be restored to the individual who was the head of the household at the time the underpayment occurred.475 Neb. Admin. Code, ch. 4, § 006
Amended effective 5/21/2016.Amended effective 7/4/2020Amended effective 9/17/2024