Adequate Notice 430-05-65-75

(Revised 01/01/04 ML2893)

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A household must receive adequate notice no later than the date the household receives or would have received its next benefit allotment. Adequate notice must be sent by the second to the last working day of the month.

 

Adequate notice is required anytime information and verification is provided and signed by the household.

 

An adequate notice is required for the following changes:

1. When verification is received from the household and meets the following conditions:

1. Information is reported in writing and signed by a responsible adult household member, resulting in the reduction or termination of benefits, and
2. The worker can determine the household’s allotment or ineligibility based solely on the information provided by the household .

Examples of Signed Verifications:

• Change report form
• Signed application for TANF, Medicaid, Child Care Assistance, or LIHEAP.
• Check stubs with household’s signature.
• A child care form reporting a change with the household’s signature with pay stubs attached.
• The cover sheet of a fax that contains the clients signature.

Exception:

 

A handwritten return address on an envelope is not considered a signature.

2. Case closure - household request. The request must be made in writing by a household or in the presence of the worker and documented. Notice F414 - Closure-Client Request must be sent to the household confirming the request. The household can request a fair hearing.

If the request is made by telephone, a 10-day advance notice is required.

3. Mass changes for adjustments to eligibility standards, benefits, deductions, utility standards, grant adjustments, and changes in federal benefits. The State Office provides mass media notices.
4. Death of all household members.
5. When the household’s address is unknown and mail directed to it has been returned to the post office indicating no known forwarding address.
6. When it is reliably determined that a household has moved out-of-state.
7. When the only individual in the household moves out of the county and enters into one of the following:

1. Long Term Care
2. Basic Care
3. Public Institution

Exception:

If an individual moves into one of the facilities listed above within the county, a 10-day advance notice is required.

8. Completion of an underpayment. When a household is entitled to an underpayment and has chosen monthly installments instead of a lump sum, and the household was previously notified in writing when the monthly installments would terminate.
9. Joint TANF/Food Stamp application results in the receipt of food stamps pending TANF grant approval and household is notified at the time of certification that food stamp benefits would be reduced upon receipt of a grant.
10. When a member of the household is disqualified for IPV and benefits of the remaining members are reduced or terminated.
11. Changing a household from cash repayment to allotment reduction as a result of failure to make the agreed payments.
12. An individual in a treatment center or group home that loses its authorization or certification or has its status as an authorized representative suspended.

Residents of group living arrangements applying on their own behalf are still eligible to participate.

13. Benefits which fluctuate from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was notified of the fluctuations at the time of certification. This provision is not used in North Dakota.