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ADEQUATE NOTICE

ISSUE DATE: 01/2015

Adequate notice of a change, termination, or suspension is notice you issue no later than the effective date of the action.

Give adequate, rather than 10-day, notice of a change in these situations:

An approval of assistance or an increase in benefits. The client is eligible for the approved or increased benefits even without advance notice of the action.

A client submits a signed Household Report Form (HRF), Combined Six-Month Report (CSR) or Combined Annual Renewal for Certain Populations (or a signed Combined Application Form (CAF) at recertification) with information requiring a change that you can determine solely from the HRF, CSR, Combined Annual Renewal for Certain Populations or the CAF.

Do not use adequate notice to reduce benefits or terminate a program when the client completes a CAF to apply for a new program and the on-going program is not due for recertification. See 0026.06 (Notice - Approval of Application or Recert.), 0026.15 (Notice of Denial, Termination, or Suspension).

A participant provides information in writing and acknowledges in writing that the result will be reduction or termination of assistance.

Another state has approved the unit for assistance for the same period.



MFIP, DWP:

No provisions. See 0026.12.18 (Cash Cut-Off Notice), 0026.12.21 (Voluntary Request for Closure Notice).


SNAP:

Give adequate notice when:

A unit moves out of state. Notify the unit of termination no later than the date they would receive the next allotment. Do not delay the termination to provide advance notice. If the unit has already moved, you do not need to send a notice.

A unit makes a request in writing or in the presence of a financial worker to end their SNAP. In this case, the notice is a letter to the unit confirming the termination of benefits. The letter does not entitle the unit to the same rights as a notice of adverse action. It does give the unit the right to a fair hearing. If the request to end benefits is not in writing or in the presence of a financial worker, you must send a 10-day notice.

You disqualify a person from SNAP and/or reduce or terminate the grant due to a fraud conviction by the court, an ADH, a court approved pre-trial diversion plan, or a disqualification consent agreement. This is true whether or not the date set by a court allows for advance notice. Send the client the Notice of Program Disqualification (DHS-3134) (PDF) to take the action in addition to the MAXIS generated adequate notice. See 0025.24.06 (Disqualification for Fraud). This action is not appealable. However, if a client wishes to appeal, forward the appeal request to the DHS Appeals Office. See 0027.03 (Appealable Issues).



MSA:

Give adequate notice when:

A participant dies.

A participant makes a written request to end assistance.

The payee dies and no other relative will be payee.

A participant enters an institution where the participant will be ineligible for MSA. See 0011.12 (Institutional Residence).

The post office returns a participant's mail and you cannot locate the participant. If you locate the participant before the end of the period for which you issued the benefit, give the participant the benefit.

You disqualify a person from MSA and/or reduce or terminate the grant due to a fraud conviction by the court, an ADH, a court approved pre-trial diversion plan, or a disqualification consent agreement. This is true whether or not the date set by the court allows for advance notice. Send the client the Notice of Program Disqualification (DHS-3134) (PDF) to take the action in addition to the MAXIS-generated adequate notice. See 0025.24.06 (Disqualification for Fraud).



GA:

Give adequate notice when:

A participant dies.

A participant asks in writing to end assistance. Evaluate the reason for the termination and determine if an overpayment exists. See 0025.03 (Determining Incorrect Payment Amounts), 0026.15 (Notice of Denial, Termination, or Suspension).

The payee dies and no other relative will be payee.

A participant enters an institution where the participant will be ineligible for assistance. See 0014.09 (Assistance Units - Temporary Absence).

You process the application during the month of application and the client is eligible only for that month. See 0026.15 (Notice of Denial, Termination, or Suspension).

The post office returns a participant's mail and the county agency cannot locate the participant. If you find the participant before the end of the period for which you issued the benefit, give the participant the benefit.

A person is disqualified from this program and/or the grant is reduced or terminated due to a fraud conviction by the court or an Administrative Disqualification Hearing. This is true whether or not the date a court sets allows for advance notice. Send the client the Notice of Program Disqualification (DHS-3134) (PDF) as well as the MAXIS generated adequate notice. See 0025.24.06 (Disqualification for Fraud).

A participant verifies that a member of the unit is absent from the home and does not meet temporary absence provisions. See 0014.09 (Assistance Units - Temporary Absence).

A court removes a GA eligible child from an MFIP household.

You reinstate eligibility for a unit you terminated for failure to provide an HRF, you receive a complete HRF in the calendar month after the month the HRF was due, and the unit is otherwise eligible. See (0007.03.06 (Processing a Late HRF).



GRH:

Follow general provisions.

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