10-Day Advance Notice 430-05-65-80

(Revised 01/01/04 ML2893)

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When there is a reduction or termination of benefits within a certification period, a 10-day advance notice must be sent to the household, unless changes are reported in writing and signed by the household.

 

The written notice must contain the following:

  1. Action taken or intended.
  2. Reason for the intended action.
  3. Household's right to request a fair hearing.
  4. Name and phone number of a person to contact for additional information.
  5. Availability of continued benefits.
  6. Household liability for any overissuance received pending a fair hearing decision when the decision is adverse to the household.

 

Notices sent through TECS informing the household of the reduction or termination of benefits show the benefit calculation and reason.

 

If a 10-day advance notice to reduce benefits is sent to a household and later that same month the household reports a change that results in an additional decrease in benefits, another 10-day advance notice is required.

 

Example:

A household received $300 for the benefit month of December. On December 10, the case is processed for January and a 10-day advance notice is sent to the household as January benefits decreased to $250. On December 22, the household reports and verifies a change that results in an additional decrease in the January benefit to $200.

 

The 10-day advance notice sent on December 10 only addresses the reduction to $250. Another 10-day advance notice is required to decrease benefits to $200. Since it is past advance notice deadline, this change cannot be made for January benefits. The change must be made for the benefit month of February.

 

If a household has been sent a 10-day advance notice to reduce, suspend, or terminate benefits and later that same month reports a change that results in the household receiving a benefit or an increase in benefits, a 10-day advance notice is not required.

Example:

A household received $400 for the benefit month of December. On December 5, F442 is sent to the household asking for additional information/verification based on a change reported by the household. The household fails to provide the information by December 15. F401 is sent to the household advising that the case will close on December 31. On December 23, the household provides the requested information and is eligible for a $200 benefit for January. A 10-day advance notice is not required.