Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 1.000 - Fair Hearings
Section 1.410 - Continuation of Benefits Pending Appeal
Universal Citation: 121 MA Code of Regs 121.1
Current through Register 1531, September 27, 2024
(1) If a refugee requests a hearing within the ten-day timely notice period (postmarked or delivered to ORI or the refugee's Case Management Provider), Refugee Cash Assistance shall not be reduced or terminated until a decision is made after a hearing, unless:
(a) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the computation of the grant is not an issue;
(b) A change affecting the participant's grant occurs while the fair hearing decision is pending and the participant fails to request a hearing after notice of the change;
(c) The participant requests that he or she not receive continued assistance pending appeal; or
(d) The reason for termination is the expiration of time eligibility unless there is a factual dispute about the dates of eligibility. Note: If there is a dispute regarding date of entry, it shall be resolved by information from the U.S. Citizenship and Immigration Services, rather than fair hearing as specified in 121 CMR 2.655: End of Time-eligibility Period.
(2) Refugee Cash Assistance paid while an appeal is pending is subject to recovery if the decision to reduce or terminate is upheld.
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