<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".53" citation="COMAR 07.03.17.53" title_num="07" subtitle_num="03" chapter_num="17" heading="Restoration of Lost Benefits.">
  <paragraph num="A.">
    <text>The local department shall restore lost benefits when:</text>
    <paragraph num="(1)">
      <text>An error is caused by the local department or by the Social Security Administration during joint processing; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An administrative disqualification is subsequently reversed by a court decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The local department may not restore benefits for more than 12 months before the earlier of the date that the local department:</text>
    <paragraph num="(1)">
      <text>Receives a request for restoration from a household; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Discovers or is notified that a loss of benefits has occurred.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The local department may not restore lost benefits for a household's:</text>
    <paragraph num="(1)">
      <text>Failure to file a timely recertification application;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Missing an interview; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Otherwise not completing some aspect of the recertification process.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The local department shall restore benefits described in §A of this regulation even if the household is currently ineligible.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If the local department knows that the household is entitled to restoration of benefits, the local department shall automatically restore them without requiring further action by the household.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If the household was eligible but received an incorrect allotment, the loss of benefits may be only for those months in which the household participated.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If the loss was caused by incorrect delay, denial, or termination, the household's lost benefits shall be calculated beginning with the first month that the delay, denial, or termination occurred, but not for more than 12 months.</text>
  </paragraph>
  <paragraph num="H.">
    <text>After the local department computes the date the loss initially occurred, the loss shall be calculated for each month after the date until either the:</text>
    <paragraph num="(1)">
      <text>Error is corrected; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Household is found ineligible for any reason.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>For each month affected by the loss, the local department shall:</text>
    <paragraph num="(1)">
      <text>Determine if the household was actually eligible;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Advise the household if the case record cannot document eligibility; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Consider the household ineligible if the household cannot establish eligibility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>If the household received a smaller allotment than it was eligible to receive, the local department shall restore the difference between the actual and the correct allotment.</text>
  </paragraph>
  <paragraph num="K.">
    <text>The local department shall offset restored benefits against any overissued benefits owed by the household, except that an initial allotment may not be reduced to offset claims even if the initial allotment is paid retroactively.</text>
  </paragraph>
  <paragraph num="L.">
    <text>If the decision to disqualify is subsequently reversed, individuals disqualified for IPV are entitled to restoration of lost benefits during the months that they were disqualified. The amount to be restored is determined by including the disqualified member.</text>
  </paragraph>
  <paragraph num="M.">
    <text>Method of Restoration.</text>
    <paragraph num="(1)">
      <text>The local department shall restore lost benefits by issuing an allotment equal to the amount of lost benefits.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Lost benefits may be issued in installments at the household's request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="N.">
    <text>The local department shall notify the household in writing of:</text>
    <paragraph num="(1)">
      <text>The favorable decision;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The amount of benefits to be restored;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any offsetting that was done;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The method of restoration; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The right to and the method for requesting a fair hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="O.">
    <text>The local department shall restore benefits to:</text>
    <paragraph num="(1)">
      <text>The household that contains a majority of the individuals who were household members at the time the loss occurred; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If this household cannot be located, the household containing the head of the household at the time the loss occurred.</text>
    </paragraph>
  </paragraph>
  <paragraph num="P.">
    <text>Disputed Benefits. If the household disagrees with the amount restored or the household requests restoration of lost benefits and the local department determines that no restoration is due:</text>
    <paragraph num="(1)">
      <text>The household has 90 days from the date the notice described in §N of this regulation is sent to request a fair hearing; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the fair hearing decision is favorable to the household, the local department shall restore benefits in accordance with the decision.</text>
    </paragraph>
  </paragraph>
</regulation>