SNAP Repayment Demand and Program Disqualification

Summary

This information collection request is associated with initiating collection actions against households who received an over issuance in the Supplemental Nutrition Assistance Program (SNAP), issuing notifications to SNAP households regarding processes related to intentional program violations (IPV), and using disqualified recipient data to ascertain the correct penalty for IPVs, based on prior disqualifications.

Section 13(b) of the Food and Nutrition Act of 2008, as amended (7 USC 2022(b)), and SNAP regulations at 7 CFR 273.18(a)(2) require state agencies to initiate collection action against households that have been overissued benefits. To initiate collection action, state agencies must provide the affected household with written notification informing the household of the claim and demanding repayment. This process is automated in most state agencies.

SNAP regulations at 7 CFR 273.16(a)(1) require state agencies to investigate any case of suspected fraud and, where applicable, make an IPV determination either administratively or judicially. This activity is vital to protect and enhance the integrity of SNAP.

SNAP regulations at 7 CFR 273.16(i)(4) require state agencies to use disqualified recipient data to ascertain the correct penalty for IPVs, based on prior disqualifications.

Electronic Disqualified Recipient System (eDRS) for Accessing, Reviewing, and Updating Disqualified Recipient Data -SNAP regulations at 7 CFR 273.16(i)(4) require state agencies to use disqualified recipient data to ascertain the correct penalty for IPVs, based on prior disqualifications. State agencies determine this by accessing and reviewing records located in the Electronic Disqualified Recipient System (eDRS). eDRS is an automated system developed by the Food and Nutrition Service (FNS) that contains records of disqualifications in every state. State agencies are also responsible for updating the system, as required at 273.16(i)(2)(i), which includes reporting disqualifications in eDRS as they occur and updating eDRS when records are no longer accurate, relevant, or complete.

Retention of records. Each state agency shall retain all program records in an orderly fashion for audit and review purposes for no less than 3 years from the month of origin of each record. In addition:

Case records relating to intentional program violation disqualifications and related notices to the household shall be retained indefinitely until the state agency obtains reliable information that the record subject has died or until FNS advises via the disqualified recipient database system edit report that all records associated with a particular individual, including the disqualified recipient database record, may be permanently removed from the database because of the individual's 80th birthday.

Disqualification records submitted to the disqualified recipient database must be purged by the state agency that submitted them when the supporting documents are no longer accurate, relevant, or complete. The state agency shall follow a prescribed records management program to meet this requirement. Information about this program shall be available for FNS review.

Request for Comments

Comments regarding this information collection received by Aug. 28, 2024 will be considered. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/​public/​do/​PRAMain. Find this particular information collection by selecting "Currently under 30-day Review-Open for Public Comments" or by using the search function.

Public link

Please use the above public link if you want to share this noodl on another website.