Current through September 24, 2024
The Worker shall complete the application process and approve
or deny timely applications for recertification prior to the end of the
household's current certification period. The county office shall provide
eligible households with an opportunity to participate by the household's
normal issuance cycle in the month following receipt of a timely application.
The Eligibility Worker shall not continue benefits to households beyond the end
of the certification period unless the household has been recertified. The
joint processing requirement for PA households shall continue to apply to
applications for recertification.
(1)
Notice Of Expiration Of Certification. The Eligibility Worker shall provide
each household with Form HS-0258 (Notice Concerning Your Application or
Redetermination) just prior to or at the start of the last month of the
household's certification period with the exception of PA households whose
applications were jointly processed for Food Stamp and PA benefits.
(a) Receipt of Notice by the Household.
Households that must receive Form HS-0258 (Notice Concerning Your Application
or Redetermination) must receive it during the month immediately prior to the
household's last month of certification. If the household is certified for one
month or if the household was certified for 2 months and the application was
approved the month following the month of application, the Form HS-0458 (Notice
Concerning Your Application or Redetermination) shall be provided at the time
of certification. The county office shall include with the Notice Concerning
Your Application or Redetermination an application form and an appointment for
an interview. Regardless of when the interview date is assigned, the household
has timely applied if the application is received by the 15th day of the last
month of certification.
(b) Content
of the Notice. The Notice of expiration shall contain:
1. The date the current certification period
ends;
2. The date by which the
household must file an application to receive uninterrupted benefits;
3. The household's right to request an
application and have the county office accept an application (as long as it is
signed and contains a legible name and address);
4. The address of the office where the
application must be filed;
5. The
consequences of the household's failure to comply with the Notice Concerning
Your Application or Redetermination;
6. The household's right to file the
application by mail or through an authorized representative; and
7. The household's right to a fair hearing if
the county office refuses to accept as good cause the household's reason for
failure to comply with Form HS-0258 (Notice Concerning Your Application or
Redetermination).
(c)
Submission of Application for Recertification. Households provided Form HS-0258
(Notice Concerning Your Application or Redetermination) at the time of
certification as discussed in 1240-1-19-.01(1)(a) shall have 15 days from the
date the notice is received to file a timely application for recertification.
If such filing deadline is after the end of the certification period, the
household's benefits will not be prorated if it reapplied timely. All other
households which submit identifiable applications by the 15th day of the last
month of the certification period shall be considered to have made timely
application for recertification. To aid the county office in determining if
adequate time has been permitted, the county office shall use the postmark on
the Notice Concerning Your Application or Redetermination, plus two days for
mailing time. In cases of dispute the household may demonstrate that the Form
HS-0258 (Notice Concerning Your Application or Redetermination) was not, in
fact, received in a timely manner.
(2) Notification Of Recertification. The
Worker shall act on timely reapplications to provide uninterrupted benefits to
households determined eligible. The Worker shall take action on timely
reapplications within the time standards specified in (a) and (b) below, and
provide the household an opportunity to participate by the household's normal
issuance in the month following receipt of the timely reapplication, even if
the opportunity is outside of the normal issuance system.
(a) Thirty Days After Last Allotment
Purchase. Households that were provided Form HS-0258 (Notice Concerning Your
Application or Redetermination) at the time of certification and have timely
reapplied shall be notified of their eligibility or ineligibility and provided
an opportunity to participate, if eligible, not later than 30 days after the
date the household had an opportunity to obtain its last allotment.
(b) End of Current Certification Period. For
those households that have filed an application by the 15th of the last month
of their certification period, and who have appeared for the scheduled
interview after filing the application, and who have timely provided all
necessary verification, the Worker shall approve or deny the application and
notify the household of its determination by the end of the current
certification period. In addition, for households determined eligible, the
county office shall provide an opportunity to participate by the household's
normal issuance cycle in the month following receipt of the timely
reapplication, even if the county office must provide an opportunity to
participate outside of the normal issuance system. Households which have timely
reapplied, but due to an agency error are not determined eligible in sufficient
time to provide for issuance in the household's normal issuance cycle for the
following month, shall receive an ATP card and an opportunity to participate
upon being determined eligible, even if the county office must provide an
opportunity to participate outside the normal issuance system.
(3) County Office Failure To Act
On Applications For Recertification. County offices' failure to provide
eligible households which filed a timely application for recertification with
an opportunity to participate in accordance with the above provisions shall be
considered an administrative error. These households shall be entitled to
restoration of lost benefits if, as a result of such error, the household was
unable to participate for the month following the expiration of the
certification period.
(4) Household
Failure To Submit A Timely Reapplication. A household which fails without good
cause to submit a timely application for recertification, to appear for an
interview scheduled after the household timely filed its application for
recertification, or to provide necessary verification timely subsequent to
filing the application, loses its right to uninterrupted benefits. Households
which refuse to cooperate in providing information shall be denied. Any
application not submitted in a timely manner shall be treated as an application
for initial certification, except that for applications received within 30 days
after the certification period expires, previously verified income, medical
expenses, or actual utility expenses need not be verified if the source has not
changed and the amount has changed by $25 or less.
(a) Good Cause for Failure to Timely Reapply.
If the Worker determines that the household's failure to make timely
application or to otherwise complete the certification process in a timely
manner was for good cause, the household shall be entitled to restoration of
lost benefits, if, as a result of its failure, the household was unable to
participate in the month following the expiration of its certification period.
The determination of good cause shall be made on a case-by-case basis and shall
include, but not be limited to, failure to receive timely notice of expiration
of personal illness.
Authority: T.C.A. §§ 14-1-105,
14-8-115, and 14-27-104; Federal Register, Volume 51, Number 60 (March 28,
1986); 45 CFR
206.10.
