Public Benefits Integrity
TOP State Review
What is the Treasury Offset Program?
The Treasury Offset Program (TOP) is a federally mandated program for collecting delinquent food assistance overpayments (called offsets) from federal payments such as income tax refunds, federal salaries, and social security payments. This is a cooperative program with state government agencies, U.S. Department of Treasury, USDA Food and Nutrition Service (FNS), Internal Revenue Service (IRS), and other federal government agencies.
How does the TOP process work?
An overpayment becomes delinquent (past due) when a household does not return a written repayment agreement with an acceptable monthly payment within 30 days from the date of the notice of the overpayment. When a SNAP (food assistance/food stamps) overpayment is past due, a second notification will be sent to the household informing them that the past due overpayment will be sent to TOP for collection unless a written repayment agreement with an acceptable monthly payment is received. If a written repayment agreement and payment are not received within 60 days from the date of second notification, the claim will be sent for TOP collection.
Are there options for appeal?
If the household disagrees with the TOP action, they may request a State Review, which will determine if the overpayment is past due and legally enforceable. The State Review includes verification that the following actions have occurred:
- The Notice of Case Action/Demand Notice with a due date was sent to the household when the claim was created;
- The household was given the opportunity to appeal the overpayment; and
- No member of the household is currently participating in the SNAP program.
If a prior State Review has been requested and a decision has been made, any secondary request is bound by the first decision. This review is not to determine repayment options or to request a refund of the offset.
What if my Federal Payment has Already Been Offset?
If your federal payment has already been offset, and a TOP State Review is requested and approved, then the offset will be refunded to you. If your TOP State Review is denied, the offset will not be refunded and will be applied to the overpayment.
How to Request a TOP State Review
To request a TOP State Review, you will need the following information:
- Phone Number
- Email address
- Reason for review
You can request a review in one of two ways