Section 165.30  Types of Food Stamp Overpayment Claims

The Department shall establish one of the following types of claims against any household that has received an overpayment of Food Stamp benefits.

a)         Intentional program violation:  This claim is defined at 89 Ill. Adm. Code 121.150 and the methods for finding such a violation are listed in 89 Ill. Adm. Code 121.153.

b)         Inadvertent household error:  This claim results from an overpayment caused by a misunderstanding or unintentional error on the part of the household.  Inadvertent household errors include but are not limited to a household member's unintentional failure to provide the local office with correct or complete information or to report changes in its circumstances to the local office, or receiving more benefits than it was entitled to receive while awaiting a fair hearing decision because it appealed within ten (10) days of the date of notice and benefits were continued.

c)         Administrative error:  This claim results from an overpayment caused by Departmental action or failure to take action.  Administrative errors include but are not limited to overpayments due to errors such as the Department's failure to act promptly on a reported change, incorrect issuance of duplicate coupons, incorrect computations, and failure to reduce benefits when the public assistance grant is changed.

(Source:  Amended at 11 Ill. Reg. 10604, effective May 29, 1987)