Proper Notification When Reducing Benefits or Closing Cases 400-19-115-15

(Revised 6/1/10 ML #3218)

View Archives

 

 

If information reported by the household on the Monthly Report, or in writing, results in ineligibility for the next benefit month, the case must be either suspended (if due to an extra check) or closed. An adequate notice must be generated no later than the close of business on the 3rd to the last working day of a month, so it is received by the household no later than the date the household would normally receive benefits. The effective date of the suspension or closing is the last day of the current benefit month.

 

If information received by the TANF Eligibility Worker results in ineligibility but the information is not reported by the household on the Monthly Report, nor is it submitted in writing, an advance (10-day) notice must be issued before the case can be closed or suspended. If the notice can be generated 10 days prior to the regular TANF payment date, the effective dates of the closing or suspension are the same as in the previous paragraph. If an advance (10-day) notice cannot be generated within 10 days prior to the regular TANF payment, a payment must be issued. The effective date of the closing or suspension is the last day of the next benefit month.

 

If a change in household circumstances results in ineligibility or a reduced benefit amount and the TANF Eligibility Worker is unable to send an adequate or advance (10-day) notice to reduce or terminate benefits due to time constraints, the TANF benefit must be authorized and paid. However, any benefit paid to a household not eligible for such benefit amount shall be considered an overpayment subject to recoupment. (See Section 400-19-130, Overpayments and Underpayments.)

Exception: An Advance (10-Day) or Adequate notice is not required when the reason cited on the latest notice informed the household of a decrease in benefits or case closure continues to be valid. If the reasons cited are no longer valid, then notification requirements in Section 400-19-115-10, Advance (10-Day) and Adequate Notice  must be followed.

 

Regardless of the notice being sent, the TANF Eligibility Worker must ensure that the North Dakota Administrative Code (N.D.A.C.) is included on the notice.