The Online Resource for Massachusetts Poverty Law Advocates

125. How does DTA collect overpayments if I am not getting SNAP?

DTA has several ways of collecting overpayments from former SNAP and cash recipients. If you appeal the overpayment, or disagree you were overpaid at all, DTA should suspend collection activities until there is a decision on the appeal. 106 C.M.R. § 367.495(H)

How to repay a SNAP overpayment

If you are not getting SNAP, you can fill out DTA’s Repayment Agreement form and agree to one of the following:

123. Can I go to jail? Will I have a criminal record?

If BSI decides that you committed SNAP fraud and that the overpayment was not just a mistake, you can be prosecuted. 106 C.M.R. § 367.850. If you get notice of a criminal complaint, you should plead “not guilty” and ask the court to appoint a lawyer for you. Legal services programs do not represent people in criminal matters but they may help you and your lawyer figure out whether BSI has correctly computed what you owe.

119. What if DTA says I committed fraud or an Intentional Program Violation (IPV)?

An IPV is an “intentional program violation.” That is when a court or an administrative hearing officer determines that you gave DTA false or misleading information on purpose. DTA must prove that you intentionally and willfully hid information in order to get benefits you are not eligible for, or intentionally and willfully did not report a change that you were required to report and would have reduced your benefits. 106 C.M.R. § 367.525.

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