In Illinois
For Supplemental Nutrition Assistance Program (SNAP) overpayments, the Illinois Department of Human Services (DHS) cannot establish overpayments from more than 6 years before the date the overpayment was discovered.
Once an overpayment is established and you are sent notice, there is no statute of limitations for collecting SNAP or Temporary Assistance for Needy Families (TANF) overpayments through Illinois state or federal payments, such as income tax refunds. However, if DHS sued you in court, you may be able to raise a statute of limitations argument.
Starting January 1, 2024, DHS must send written notice of an overpayment and a demand for payment within 5 years of when DHS's right to collect first starts. If the Attorney General brings a case to recover an overpayment, the case must start within 10 years of when the notice was sent.
