For Unintentional Program Violations, DTA is now only seeking recovery of overpayments that occurred up to 12 months before DTA discovered the problem. This is a big change from the past, when they always insisted that they could pursue overpayments without any time limit even though clients could only get restoration of lost SNAP benefits going back a year.
The section on Recoveries in the On-line Guide confirms that this is official policy and not limited to SNAP cases. The On-line Guide state:
"For UPVs the Fraud and Recoveries Unit (FORS) currently only recovers overissuances that occurred back one year or less." https://eohhs.ehs.state.ma.us/DTA/PolicyOnline/%21SSL%21/WebHelp/usergui... (Cross Programs > Overpayment and Recovery > Unintentional Program Violations)
The Guide also provides that:
- When a client inadvertently fails to report a change, resulting in a UPV, the overpayment period begins when the change would have been effective if it had been reported on time.
- DTA can compromise claims that clients can’t repay within 3 years and suspend collection of claims of less than $125.