Changes Resulting in a Decrease in Benefits 430-05-67-15-10

(Revised 11/01/06 AMENDED ML3044)

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A worker must not act on changes that will result in a decrease in benefits, unless the change meets the following criteria:

1. The information is:

1. not questionable, and
2. provided by the primary source of the information, and
3. complete, no further information is needed, and
4. not provided by the household.

Exception:

The worker must act when a household reports the addition of a household member or when a household member leaves.

 

Information that is provided by the primary source is defined as a change that is reported directly from or received directly from the source of the information or a document signed by the source of the information.

Examples:

• SDX and Bendex Interfaces
• TPQY
• A household member who has exhausted ABAWD benefit months (NE or EE months)
• SAVE information from the United States Citizenship and Immigration Services (USCIS)
• The determination of an intentional program violation (IPV)
• Failure to comply with BEST requirements (Burleigh and Cass Counties only)
• UIB Interface
• Mail returned by the Postal Service with no forwarding address, an out of state address, stamped temporarily away, general delivery that was returned because it was not picked up, stamped box rent was not paid or stamped individual is not authorized to receive mail at this address
• Verification from an employer’s fax machine
• Verification from a contract afency that does payroll for a business
• Day care billing form signed by the provider
• Wage verification signed by the employer (this does not include a paycheck endorsed by the employer)
• Fax from an agency (i.e. housing or BIA)
• A report from a social or foster care worker
• Lease agreement signed by the landlord
• Award letter signed by the agency

2. Household voluntarily requests case closure.
3. Household reports actual base month income that exceeds the gross income limit for its household size, the household expects this income to continue and based on this income is not eligible for a benefit.
4. Household reports a change that brings an ABAWD’s hours below 20 hours weekly averaged monthly.
5. The worker becomes aware that all households have died.  Adequate notice is required.  

If the reported change meets the criteria it must be acted on within 10 days from the date the change was reported and a 10-day advance notice must be sent. If the change is reported in writing and signed by the household, a 10-day advance notice is not required.

 

Adequate notice is required.

Examples:

1. An ongoing case reports that a household member left the home on October 4.  The individual must be removed from the case when determining eligibility and level of benefits for November.  If the change results in a decrease in benefits, a 10-day advance notice is required. If the change is reported in writing and signed by the household, a 10-day advance notice is not required. Adequate notice is required.
2. The worker is notified on October 10 that an individual in an ongoing case is disqualified for an intentional program violation.  The participation code for the disqualified individual must be changed to “DF” and the IPV disqualification is imposed for November.  Notice F818 – IPV-Food Stamp Overissuance or F823 - IPV/Court Conviction – No FS Overissuance must be sent to the household.  Adequate notice is required.
3. Household consisting of a husband and wife initially apply on November 3.  The husband is employed 35 hours a week.  The wife is not working and is eligible to receive three non-exempt (NE) ABAWD months.  The household is certified for 12 months.  The first NE month for the wife is December.  In the third month (February), the wife’s participation code must be changed to DI when working March benefits.  A 10 day advance notice is required.
4. A notice is returned to the county office with no forwarding address for an ongoing case on November 14.  The worker must send an adequate notice to close the case November 30.
5. A household reports a new source of income.  Since this change will result in a decrease in benefits and the household did not report that their income exceeds 130% of poverty, the change is not acted on.  The worker must document the change does not meet the criteria to reduce benefits.  

 

If the reported change does not meet the criteria, the worker must not ask for verification or follow-up on the change.  The worker must document why additional information is needed.  The change is acted on at the six month report or recertification, whichever occurs first.

 

Information/changes that do not meet the criteria include, but are not limited to:

1. FACSES
2. New Hire Matches
3. Mail returned by the Postal Service with an in state forwarding address
4. Household report of a new job or increase income
5. Wage stubs, checks from UIB, Workforce Safety, Child Support, SSA/SSI
6. Reading information in a newspaper
7. Becoming aware of a client working (other then from employer)

Examples:

1. A prisoner listing received from a local jail is information reported directly from the source.  However, it does not contain enough information to determine how long the individual will be incarcerated and the affect on the food stamp case.  This information is not acted on to decrease benefits, as further information/verification is needed.  The change is acted on at the six month report or recertification, whichever occurs first.

 

If the release date is part of the information provided and the individual will be incarcerated for one full calendar month, the individual must be removed as the information was provided by the primary source (local jail).  A 10 day advance notice is required.  

2. Worker receives an alert that child support was received in the base month for an ongoing case.  Using base month child support would result in a decrease in benefits.  The alert is not acted on, as the information was not provided by the primary source (obligor).  The change is acted on at the six month report or recertification, whichever occurs first.
3. A Food Stamp only household reports and verifies a new source of income.  This income along with all other countable income does not exceed 130% of poverty for the household size. The information is not acted as it was provided by the household.  The change is acted on at the six month report or recertification, whichever occurs first.
4. Household reports on January 10th that base month income exceeded the gross income limit for its household size in December.  Based on discussion with the household, the worker must determine if this income is expected to continue.  

If it is expected to continue and the household is not eligible for a benefits, the worker must close the case with an advance notice, unless the change was reported in writing and signed by the household.  

 

If the household does not know if this income will continue, the worker must close the case with an advance notice, unless the change was reported in writing and signed by the household.  If the household verifies by the last working day of the processing month that gross income is below the GIL for its household size, the worker must revert the case to open and determine eligibility and level of benefits for February.