111. What if I was overpaid SNAP benefits?

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Massachusetts Law Reform Institute
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If you get more SNAP benefits than you are eligible for, DTA can recover the overpayment1. An overpayment can happen in four ways:

  • DTA made a mistake and gave you too much in SNAP. This is called an Agency Error.
  • You made an unintentional mistake that caused your SNAP to be higher than you should have received. This is called an Unintentional Program Violation (UPV).
  • You received SNAP benefits while you were waiting for a hearing and you then lost the hearing.
  • You are found by a court or a DTA administrative hearings officer to have committed fraud or an “Intentional Program Violation” (IPV).

2,3 DTA will not pursue an Agency Error overpayment if the amount is for less than $600. For example, if DTA paid you an extra $500 in SNAP by mistake, DTA will not ask you to pay it back.

DTA will not pursue a UPV or IPV overpayment if the amount is less than $125 - unless DTA discovered the overpayment during a Quality Control case review4.

This chart summarizes when DTA will and will not pursue an overpayment:

Will DTA pursue an overpayment?

CircumstanceOverpayment Occurred 12+ Months Before DTA DiscoveryOverpayment Less Than $600Overpayment Less Than $125
Agency Error

No

No

Not applicable

Client Error - UPV

No

Yes

No

Client Fraud - IPV

Yes (up to 6 years)

Yes

No

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