DEPARTMENT OF HEALTH AND HUMAN SERVICES  
ECONOMIC STABILITY ADMINISTRATION  
FOOD ASSISTANCE PROGRAM  
(By authority conferred on the department of health and human services by section 6 of  
the social welfare act, 1939 PA 280, MCL 400.6)  
R 400.3001 Definitions.  
Rule 1. As used in these rules:  
(a) "Administrative recoupment" means a process by which a group's benefits are reduced  
to make payments  
on an overissuance.  
(b) "Application filing date" means the date that the department receives a signed  
application document that includes the minimum required information.  
(c) "Collection actions" means the department processes initiated to maximize recovery  
of overissued benefits.  
(d) “Department” mean the Michigan department of human services.  
(e) "Nonprofit" means tax-exempt under section 501(c)(3) of the internal revenue code  
of 1986, 26 U.S.C. §501(c)(3).  
(f) "Group living arrangement" has the meaning specified in the food stamp act and  
nutrition act of 2008, 7 U.S.C. §2012 (i)(7).  
(g) "Overissuance" means an issuance of more benefits than the group is eligible to  
receive.  
(h) "Per diem" means a daily rate.  
(i) "Recoupment" means a department action to identify and recover a benefit  
overissuance.  
(j) "Repayment" means an action by a group to pay back benefits received.  
(k) "Substance abuse treatment center (SATC)" means a facility that provides special  
living arrangements and a complete program for the treatment of addiction to drugs or  
alcohol, or both.  
(l) “Supplemental nutrition assistance program student status" has the meaning specified  
in the food and nutrition act of 2008, 7 U.S.C. §2015(e)(1) and (2) and 7 C.F.R. 273.5.  
(m) "Treasury" means the Michigan department of treasury.  
(n) "Verification" means documentation or other evidence to establish the accuracy of a  
client's verbal or written statements.  
History: 1997 AACS; 2014 AACS.  
R 400.3002 Rescinded.  
History: 1997 AACS; 2012 AACS.  
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R 400.3003 Rescinded.  
History: 1997 AACS; 2012 AACS.  
R 400.3004 Rescinded.  
History: 1997 AACS; 2012 AACS.  
R 400.3005 Applications.  
Rule 5. The application process shall be completed as specified in the food and nutrition  
act of 2008, 7 U.S.C. §2020 and 7 C.F.R. §273.2, except as follows:  
(a) An application may be submitted by fax, mail, hand delivered or applied for online  
on a form prescribed by the department.  
(b) An application may be denied within 30 calendar days from the application filing date  
if the applicant was interviewed and allowed not less than 10 calendar days to provide  
requested verifications.  
(c) If an application is denied within 30 calendar days from the application filing date,  
and the applicant subsequently completes the application requirements within the original  
30 calendar days, then benefits shall be provided back to the original date of application if  
the group is eligible.  
(d) An applicant who fails to contact the department after missing the application  
interview shall not have a second interview automatically scheduled.  
History: 1997 AACS; 2014 AACS.  
R 400.3006 Temporary absence from home.  
Rule 6. (1) A person is temporarily absent from the home if all of the following provisions  
apply:  
(a) The person's location is known.  
(b) There is a definite plan for the person's return.  
(c) The person lived with the group before the absence.  
(d) The absence has lasted or is expected to last 30 calendar days or less.  
(2) The 30-calendar-day provision in subrule (1)(d) of this rule does not apply if the  
absence is due to hospitalization.  
(3) A person who is temporarily absent as specified in subrules (1) and (2) of this rule is  
considered to be living in the home and continues to receive assistance.  
History: 1997 AACS.  
R 400.3007 Rescinded.  
History: 1997 AACS; 2012 AACS.  
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R 400.3008 Rescinded.  
History: 1997 AACS; 2012 AACS.  
R 400.3009 Child support; required offer of service.  
Rule 9. The department shall offer services to establish paternity and obtain child  
support to the client if the food assistance program group includes a child or children, but  
the food assistance program group does not include 1 or both parents of the child or  
children. The department shall provide comprehensive information about paternity and  
child support services to ensure the client can make an informed decision about whether  
to pursue or not to pursue those services.  
History: 1997 AACS; 2014 AACS; 2024 AACS.  
R 400.3010 Rescinded.  
History: 1997 AACS; 2014 AACS; 2024 AACS.  
R 400.3011 Benefit overissuance collection and repayment actions.  
Rule 11. (1) The department shall seek recoupment of food assistance program (FAP)  
benefit overissuances from active or inactive FAP groups by cash repayment or benefit  
reduction through administrative recoupment processes.  
(2) The department shall seek recoupment of benefit overissuances from any adult who  
was a group member when the overissuance occurred.  
(3) If the overpaid FAP group did not include a qualified or disqualified adult at the time  
of the overissuance, then a collection action will not be initiated unless the overissuance  
was established through court action or by obtaining a signed repayment agreement.  
(4) The department shall recoup overissuances to active FAP cases through benefit  
reduction, unless cash payments are ordered by a court.  
(5) If an overissuance is not paid in full, then FAP benefits will be reduced by the  
percentage specified in the food and nutrition act of 2008,7 U.S.C. §2022(b).  
(6) If a court orders cash repayment and the active FAP client does not make regular cash  
payments, then the department shall change the collection method to benefit reduction.  
(7) Local department offices may pursue collection from estates through probate court  
claim action for a person who dies and has an overissuance balance.  
(8) A payment received as restitution under the terms of probation will reduce the balance  
owed, but the completion of the probation period or the performance of a requirement of  
probation does not reduce the amount owed in excess of the actual dollar amount paid  
toward the overissuance.  
History: 1997 AACS; 2014 AACS.  
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R 400.3012 Rescinded.  
History: 1997 AACS; 2012 AACS.  
R 400.3013 Rescinded.  
History: 1997 AACS; 2012 AACS.  
R 400.3014 Rescinded.  
History: 1997 AACS.  
R 400.3015 Rescinded.  
History: 1997 AACS; 2014 AACS.  
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