Advance (10-Day) and Adequate Notice 400-19-115-10

(Revised 6/1/10 ML #3225)

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• Advance (10-Day) Notice of Adverse Actions

With the exceptions outlined later in this section, each household must receive an advance (10-day) notice of any proposed action that would adversely affect eligibility or TANF benefit amount. ‘Advance’ means that a written notice of a planned termination, reduction, or suspension of a TANF benefit must be mailed at least ten (10) days in advance of the date on which the action would be taken. This gives the household an opportunity to discuss the situation with staff, obtain further explanation or clarification of the proposed action, or present facts to show that the planned action is incorrect. The household member(s) may appear on their own behalf or be represented by legal counsel, relative, friend, or any other spokesperson of their choice.

• Advance (5-Day) Notice When Probable Fraud Exists

When staff obtains facts through objective collateral sources indicating the likely existence of fraud, advance notices of proposed termination, reduction, or suspension need be mailed only five (5) days in advance of the date the action is to be taken. This shorter period allows for prompt corrective action when probable fraud situations are uncovered.

• Exceptions to Advance (10-Day) and Adequate Notice Requirements

In the following situations, the TANF Eligibility Worker may dispense with the requirement of sending either an advance (10-day) or adequate notice. However, in these situations, a notice must be sent to the household no later than the date the action takes effect:

1. Factual information exists confirming the death of a household member or of the payee when there is no other relative to serve as new payee;
2. Information furnished by the primary individual in a monthly report calls for the reduction or termination of benefits, or the primary individual fails, without good cause, to submit a complete or timely monthly report;
3. The primary individual provides a signed, clearly written statement (other than on a monthly report) providing information that requires a termination, reduction, or suspension;
4. A household member enters a state institution, occupants of which cannot legally receive public assistance;
5. The primary individual's whereabouts are unknown and mail directed to the primary individual is returned by the post office indicating no forwarding address. The TANF benefit must, however, be made available if the whereabouts become known during the payment period covered by the returned check;
6. There is factual information that responsibility for providing assistance has been accepted by another state or jurisdiction;
7. A child in the household is placed in foster care or a child is removed from the home by court order;
8. A special item of need or JOBS supportive service is terminated at the end of a specified period;
9. Reduction or termination of benefits resulting from the imposition of an Intentional Program Violation;
10. Reduction or termination of benefits resulting from the imposition of a child support or JOBS sanction; or
11. Upon receipt of factual information confirming that the household is no longer a resident of the state.

 

• Adequate Notice/Sanction

An applicant or recipient must receive adequate notice of any decision made regarding their TANF benefit when an Advance (10-day) or Adequate notice is not required. "Adequate" means a written notice that includes a statement of the action the county social service office intends to take, the reasons for the intended action, the specific reference(s) supporting such action, the right to a fair hearing, and the circumstances under which assistance is continued if a hearing is requested. Adequate notice must be sent to the household no later than the date the action takes effect.

 

To ensure that the household is provided notice of a sanction prior to the reduction of the TANF benefit, the TANF Eligibility Worker must create and send a TANF Sanction Notice no later than the close of business on the 3rd to the last working day of a month. This will allow the household to receive the sanction notice no later than the date it would normally receive its TANF benefit.

 

The sanction notice addresses case closure for non-cooperation with Child Support Enforcement and the JOBS Program. The household will not receive an additional closing notice upon case closure.