(Revised 11/01/13 ML3384)
View Archives
A household’s benefits must continue at the level prior to the notice of adverse action if:
- The request for hearing was made timely (within ten days of mail date of adverse action); and
- The household’s review period has not expired; and
- The household has not specifically waived continuation of benefits
If the tenth day falls on a weekend or holiday the request for hearing and continuation of benefits will be considered timely if it is received the next business day following the weekend or holiday.
If the request for hearing and continuation of benefits is received after business hours on the tenth day the request will be considered timely.
A household is not eligible for continuation of benefits when:
- The initial application or review is denied.
- The benefit amount has been reduced as a result of changes reported and verified at review or a new application. Changes in the benefit amount at review or new application do not require a notice of adverse action
Once benefits have been continued or reinstated, they must not be reduced or terminated prior to the receipt of the official hearing decision unless:
- The review period expires. The household has the right to reapply and eligibility is determined for a new review period with a new benefit amount.
- The hearing official makes a preliminary determination, in writing and at the hearing, that the household’s claim that the worker improperly computed the benefit, misinterpreted or misapplied federal law or the federal regulation is invalid.
- A new change affecting the household’s eligibility or benefit occurs while the hearing decision is pending. The worker sends the household a 10-day advance notice for the new change and the household fails to request a hearing.
- A mass change affecting the household’s eligibility or benefit occurs while the hearing decision is pending.
The worker must promptly inform the household in writing if benefits are reduced or terminated pending the hearing decision.
If benefits are continued and the action taken by the worker is upheld by the hearing decision, a claim against the household must be established for all overissuances from the date the adverse action would have been applied.
If the request for hearing is not made timely, benefits must be reduced or terminated, as stated in the 10-day advance notice. If the household is able to show good cause for filing a late request, benefits must be reinstated at the benefit level prior to the 10-day advance notice.
Example:
A 10-day advance notice to terminate benefits is sent to the household on September 10. The household must request a fair hearing by September 20. If the household has not requested a hearing by September 20, benefits are not continued.
