Current through Register Vol. 41, No. 3, September 23, 2024
A.
Prior to any action to reduce or terminate an assistance unit's TANF
assistance, the agency shall provide a notice of adverse action before the
adverse action is taken.
B. The
notice of adverse action shall be issued at least 10 days before the date upon
which the action to reduce or terminate assistance would become effective. If a
recipient requests a hearing before the effective date of such action, his
assistance may not be reduced or terminated until a decision is rendered after
a hearing unless the recipient requests that he not receive continued
assistance pending a hearing decision. If the effective date of the action
falls on a weekend or holiday, and a request for a hearing is received the day
after the weekend or holiday, the hearing request shall be considered to have
been made prior to the effective date of the action.
C. The notice of adverse action shall explain
in easily understandable language:
1. The
proposed action;
2. The reason for
the proposed action;
3. The
assistance unit's right to request a hearing;
4. The telephone number of the office, to
include a toll-free number or a number where collect calls will be accepted for
recipients outside the local calling area;
5. The availability of continued
benefits;
6. The liability of the
assistance unit for any overpayments received while awaiting a hearing if the
hearing officer's decision is adverse to the assistance unit; and
7. The availability of an individual or
organization that provides free legal representation, if such a service is
available.
D.
1. The local agency may notify an assistance
unit that its benefits will be reduced or terminated no later than the date the
assistance unit receives, or would have received, its payment, if any of the
following conditions are met:
a. The
assistance unit reports the information that results in the reduction or
termination, and the agency can determine the payment or ineligibility based
solely on the information provided by the assistance unit;
b. The agency determines, based on reliable
information, that all members of an assistance unit have died;
c. The agency determines, based on reliable
information, that all members of an assistance unit have moved from the
locality; or
d. The assistance unit
voluntarily requests that its participation be terminated.
2. The assistance unit retains its rights to
a fair hearing, and if a hearing request is received prior to the effective
date of any proposed change in benefit status, the assistance unit appealing
such change shall have the right to continued direct payment of TANF benefits
pending final administrative action on such appeal.
E. Individual notices of adverse action shall
not be provided when:
1. The agency initiates
a mass change that affects the entire caseload or significant portions of the
caseload; or
2. The assistance
unit's monthly payment varies from month to month to take into account changes
that were anticipated at the time of application or redetermination, and the
assistance unit was so notified in writing at that time.
Statutory Authority
§ 63.2-217 of the Code of Virginia.
