10-Day Advance Notice 430-05-67-55

(Revised 12/01/08 ML3146)

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When there is a reduction or termination of benefits within a review 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, the household reports their income exceeding the GIL and is not eligible for a benefit. The F419 is sent to determine if the income is expected to continue and to request verification if the income is not expected to continue. The household fails to respond to the F419 within 10 days so the F407 – Excess Income notice is sent to close the case. On December 23, the household provides verification that their income is not expected to continue to exceed the GIL and the household is eligible for a $200 benefit for January. A 10-day advance notice is not required.