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Revision 01-3; Effective April 1, 2001
B—1051 Continued Benefits
Revision 15-4; Effective October 1, 2015
All Programs
Households previously certified for ongoing benefits are entitled to continued benefits if they make a timely request for a fair hearing after receiving Form TF0001, Notice of Case Action. A request is timely if it is made within 13 days of the adverse action notice (including a mailed request postmarked during the 13-day period). If a household fails to make a timely request for a hearing, but has good cause for the failure, benefits are reinstated at the previous level if the household did not waive its right to continue benefits.
TANF and Medical Programs
Households receiving an adequate notice of adverse action are not entitled to continued benefits when benefits are lowered or denied because of reasons listed in A-2344.1, Form TF0001 Required (Adequate Notice).
Exception: If the household received a notice of adverse action based on noncompliance with child support or Choices, continued benefits are allowed if the individual timely requests a fair hearing.
SNAP
Households receiving a notice of adverse action are not entitled to continued benefits when benefits are lowered or denied because of:
- a verbal request to voluntarily withdraw, conducted in the advisor's presence;
- verification provided by the household that was previously postponed during expedited services;
- the household's failure to provide verification postponed during expedited services; or
- the expiration of the certification period.
B—1052 Waiver of Continued Benefits
Revision 13-3; Effective July 1, 2013
All Programs
The household may waive its right to continued benefits by providing a signed and dated statement to this effect. If the household waives this right, TIERS will reduce or deny benefits when the 13-day notice period (plus 2 days mail time) expires in advance notice situations.
B—1053 Reducing or Ending Benefits Before the Hearing Decision
Revision 15-4; Effective October 1, 2015
All Programs
Continued or reinstated benefits must not be reduced or denied during the appeal period before the official hearing decision unless:
- another change adversely affects the household and the household does not appeal the adjustment for the later change. Benefits are reduced based on the change, and the advisor sends Form TF0001, Notice of Case Action.
- a mass change affects the household's eligibility. Benefits should be adjusted accordingly.
SNAP
When a certification period expires and the household reapplies, the EDG is certified at the appropriate level of benefits.
If the hearing officer determines the only issue being appealed is federal law or regulation and there are no computation errors or misapplied law, the hearing officer instructs the advisor to reduce or deny benefits as required by the policy change.
B—1054 Time Frame to Stop Providing Continued Benefits
Revision 15-4; Effective October 1, 2015
All Programs
When a hearing officer’s decision sustains the agency action, CRU must take action to stop continued benefits and file a claim for any overpayment within 10 days of receiving the hearing decision and order. Advance notice is not provided. If the hearing decision and order are received within 10 days before cutoff, CRU must make every attempt to process the EDG action before cutoff to prevent issuing continued benefits in the next month.