Current through September 24, 2024
Prior to any action to reduce or terminate a HH/AG's benefits
within a certification period (FS) or at any time in AFDC, the worker shall,
except as provided in 1240-1-19-.07(7) and (8), provide the household advance
notice before such action is taken. In AFDC, 10 days advance notice is required
before the action is taken. In Food Stamps, notice may be given as late as the
date the household would normally receive its allotment if the household
reports the information which results in the reduction or termination in
writing. Such a written report must be signed by a household member. This is
true only when the worker can determine the household's allotment or
ineligibility solely on the basis of the household's written report. If the FS
household is not sufficient for the worker to determine the allotment or
ineligibility, 10 days advance notice must be given before action is taken to
reduce or terminate the allotment.
(1)
An adverse action is defined as:
(a) A
reduction in coupon allotment or grant;
(b) The termination of the HH/AG's program
benefits.
1. within the certification period
(Food Stamps);
2. at any time
(AFDC).
(c) The
reduction in length of a certification period (Food Stamp);
(d) Removal of a person from the aid group
(AFDC).
(2) Food Stamp
Only. In the case of changes reported during the last month of a certification
period which will result in a reduction of program benefits beginning with a
new certification period, a Notice of Disposition (Form HS-0751) will not be
required.
(3) Food Stamp Only. When
a current certification period expires at the end of the assigned time period,
eligibility ceases. These situations are not terminations, therefore,
provisions concerning adverse action do not apply, nor is the household
eligible for continuation of benefits, as described in paragraph (4)
below.
(4) If the adverse notice
period ends on a weekend or holiday, and a request for a fair hearing and
continuation of benefits is received the next working day after the weekend or
holiday, the county office shall consider the request timely received. If the
household requests a hearing, the worker must explain that continuation of
benefits is strictly at the HH/AGs option and should the HH/AG elect to have
its benefits continued, demand will be made for the value of any Food Stamp
coupons overissued or any AFDC overpayments prior to or during the period such
benefits are continued, if the hearing official's decision is adverse to the
HH/AG.
(5) Form HS-0751, Notice of
Disposition (Adverse Action) will be completed in the original and one copy
with the original given to or mailed to the HH/AG and the duplicate filed in
the case record.
(a) Food Stamps Only. The
Notice Disposition (Notice of Adverse Action) is not to be used as a "call-in"
device to obtain required verification or information as a result of a
household's change in circumstances. In cases where a change is reported or the
worker becomes aware of a change in the household's circumstances which may
result in the decrease or termination of that household's Food Stamp benefits,
but further verification is required, such as noted in § 1240-1-16-.07,
then the worker shall send the household Form HS/1056, Request for
Verification, within the required timeliness standards for changes. The Notice
of Disposition (Notice of Adverse Action) should only be used after the
household has been provided with the Request for Verification (Form HS-1056)
and has been given 10 days to respond. If the household does not respond to the
request within the 10 day period, the worker shall then provide the household
with a Notice of Disposition, advising it that action is being taken to
terminate its benefits. Once the household has been provided with the Notice of
Disposition (Notice of Adverse Action), the notice cannot be "voided" if a
household provides the requested information, with only one exception. (The
notice may be voided when a household member whose household is being
terminated for failure to register for employment submits a work registration
form during the advance notice period. This household would not have to file a
new application.)
(b) Reserved for
future use.
(6) Timing
Of Notice. The Notice of Disposition shall be considered timely if the advance
notice period includes at least 10 days from the date the notice is mailed to
the date upon which the action takes effect. Also, if the adverse notice period
ends on a weekend or holiday, and a request for a fair hearing or continuation
of benefits is received the day after the weekend or holiday, the county office
shall consider the request timely received.
(7) Changes Not Requiring Advance Notice -
Food Stamp Only. Form HS-0751 (Notice of Disposition) is not required when:
(a) Mass Change. The Department initiates a
mass change.
(b) Notice of Death or
Moved from County. The county office receives notification that all members of
a household have died or that the household has moved from the
county.
(c) Completion of
Restoration of Lost Benefits. The household has been receiving an increased
allotment to restore lost benefits, the restoration is complete, and the
household was previously notified in writing of when the increased allotment
would terminate.
(d) Anticipated
Changes in the Monthly Allotment. The household's allotment varies from month
to month within their certification period to take into account changes which
were anticipated at the time of certification.
(e) Disqualification of Fraud. A household
member is disqualified for fraud in accordance with § 1240-1-20 or the
benefits of the remaining household members are reduced or terminated to
reflect the disqualification of that household member.
(f) Benefit Reduction Upon Approval of the
Household's AFDC Grant Application. The household jointly applied for AFDC and
Food Stamp benefits and had been receiving Food Stamp benefits pending the
approval of the AFDC grant and was notified by the worker at the time of
certification that Food Stamp benefits would be reduced upon approval of the
AFDC grant.
(g) Households
Certified on Expedited Basis Contingent on Verification. The worker has elected
to assign a longer certification period to a household certified on an
expedited basis and for whom verification was postponed, provided the household
has received Form HS-0751 (Notice of Disposition) stating that the receipt of
benefits beyond the month of application is contingent on its providing the
verification which was initially postponed and that the worker may act on the
verified information without further notice.
(h) Converting a household from cash
repayment to benefit reduction as a result of failure to make cash repayment as
discussed in § 1240-1-20-.08(b).
(i) Residents of Drug or Alcoholic Treatment
Centers or Group Living Arrangements. The state office terminates the
eligibility of a resident of a drug or alcoholic treatment center or a group
living arrangement when the facility either loses its certification through the
Department of Mental Health or has its status as an authorized representative
suspended due to FNS disqualifying it as a retailer. However, if residents of a
group living arrangement have applied for Food Stamps on their own behalf, they
are still eligible to participate and a Notice of Adverse Action would not be
appropriate.
(j) Household
voluntarily requests that the case be terminated. Such a request must be in
writing or made in the presence of the eligibility counselor. A notice must be
sent to the household to confirm the request.
(k) It is determined that the household will
not be living in the county and will be unable to obtain its next
allotment.
(8) Changes
Not Requiring Advance Notice Of Adverse Action - AFDC Only. Ten (10) days
advance notice of adverse action is not required when:
(a) The agency has factual information
confirming the death of the recipient or of an AFDC payee when there is no
relative available to serve as a new payee and no person can be named alternate
payee.
(b) The agency receives a
clear written statement signed and dated by the recipient that he/she no longer
wishes assistance.
(c) The
recipient has been admitted or committed to an institution where he/she is not
eligible to receive assistance.
(d)
The recipient has entered a skilled nursing home or intermediate care facility
and vendor payments will be authorized through Medicaid.
(e) The money payment to the recipient is to
be discontinued and protective or vendor payments are to be
authorized.
(f) The recipient's
whereabouts are unknown and agency mail directed to him/her has been returned
by the Post Office indicating no forwarding address. The recipient's checks to
which he/she is entitled will, however, be made available to him/her if his/her
whereabouts become known during the payment period.
(g) The recipient has moved out-of-state or
has been accepted for assistance in another state.
(h) An AFDC child is removed from the home as
the result of a judicial determination or is voluntarily placed in foster care
by his/her parents or legal guardian.
(i) The Department has received notification
that a member of the AFDC aid group has been approved for SSI.
(j) Assistance is to be discontinued as the
result of an appeal decision which upholds the county office and an
authorization document cannot be submitted by the "cutoff" date.
(9) Effect Of Changes Or Appeals
During Advance Notice Period - AFDC Only. If during the 10 day advance notice
period a recipient presents information about a change in his/her circumstances
or additional factual information which alters the decision to reduce or
terminate a grant or if a recipient appeals the decision, action to be taken as
follows:
(a) Appeals - If a recipient appeals
during the advance notice period, action in relation to the grant will be
delayed until after the appeal decision;
(b) Changes in Circumstances or Additional
Information .If a recipient reports a change in circumstances or presents
additional evidence during the advance notice period which changes the
decision, the authorization form is pulled from Central Control files; and
1. If there should be no change in grant, the
case will be returned to the files. A revised Notice of Disposition shall be
sent to the Recipient advising him/her of the change in the decision.
2. If the grant should be increased, the
increase is to be authorized. A revised Notice of Disposition shall be sent to
the A/R advising him/her of the change in the decision.
3. If the original decision to reduce or
terminate the grant is unchanged, authorization for the action is submitted
after the advance notice period had expired.
Authority: T.C.A. §§ 14-1-105,
14-8-106, 14-8-111, and 14-27-104; Federal Register, Volume 51, Number 60
(March 28, 1986); 7 CFR
273.13(a)(3); 47 CFR 205.10;
PL 97-35.
