Current through Register Vol. 35, No. 18, September 24, 2024
A.
Notice of adverse action: Prior to any action to reduce or
terminate cash assistance benefits within the certification period, the benefit
group shall be provided with a notice of an adverse action, unless the change
was reported by the benefit group in writing and was signed by a benefit group
member. The adverse action notice shall include at least the following
information:
(1) proposed action and reason
for the action;
(2) month in which
the change takes effect;
(3)
adjusted benefit amount;
(4)
benefit group's right to request a fair hearing, circumstances under which the
benefit group can continue benefits at the greater amount, and deadline dates
for requesting a hearing;
(5)
benefit group's liability for any benefits overpaid if the result of the fair
hearing is that the department took the correct action;
(6) general information on whom to contact
for additional information, including the right to representation by legal
services.
B.
Adequate notice: If a change was reported by the benefit group in
writing, was signed by a benefit group member, and will result in a reduction
or termination in benefits, the benefit group shall be provided with advance
written notice of the reduction or termination.
(1) The benefit group shall be notified that
its benefits are being reduced or terminated no later than the date the benefit
group receives, or would have received, its benefits.
(2) Adequate notice shall be provided when
changes reported in writing meet the following conditions:
(a) the benefit group provides a written
report of the information that results in the reduction or termination and the
report is signed by a member of the benefit group;
(b) the caseworker can determine the benefit
group's reduced benefit amount or ineligibility based solely on the information
provided by the benefit group in the written report; and
(c) the benefit group retains its right to a
fair hearing.
C.
Fair hearing rights: The
benefit group retains its right to have continued benefits if the fair hearing
is requested within the adverse action time limit and the benefit group
requests the higher benefit amount pending the hearing decision. The caseworker
shall continue the benefit group's previous benefit amount if required, within
five working days of the benefit group's request.
D.
Other changes: A notice of
adverse action shall not be provided when:
(1)
there is a mass change in benefits affecting the entire GA program;
(2) the caseworker determines, on the basis
of reliable information, that the benefit group has moved out of
state;
(3) the caseworker
determines on the basis of reliable information that all members of a benefit
group have died;
(4) the benefit
group has received an increased benefit amount to restore lost benefits, the
restoration is complete, and the benefit group has been notified in writing of
the date the increased benefit amount will terminate;
(5) the benefit group voluntarily requests in
writing, or in the presence of the caseworker, that its participation be
terminated; or
(6) the caseworker
determines, on the basis of reliable information, that the benefit group has
been approved for a concurrent cash assistance program.
