Adequate Notice 430-05-67-50

(Revised 12/01/08 ML3146)

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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 generated in the system by the worker on the third to the last working day of the month to allow for two days mailing time to the household.

 

Adequate notice is not required for increases in benefits.

 

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 for Medicaid
• 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.
• The cover sheet of a fax that contains the client’s 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, changes in federal benefits and the annual SSA/SSI cost of living adjustments. The State Office provides mass media notices.
4. Death of all household members.
5. When another state calls or sends an e-mail that a household is applying in their state or a household reports that all household members have moved out-of-state.
6. 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.
7. 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.
8. When a member of the household is disqualified for IPV and benefits of the remaining members are reduced or terminated.
9. Changing a household from cash repayment to allotment reduction as a result of failure to make the agreed payments.