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ISSUE DATE: 07/2016

In some cases participants may continue to receive benefits during the appeal process. Notify them that benefits will be an overpayment if they lose their appeal.

Unless participants request otherwise in writing, continue their benefits at the same level if they request an appeal before the effective date of the adverse action or within 10 days after the date of mailing the notice of adverse action, whichever is later.

If a notice period ends on a weekend or holiday, consider an appeal the unit makes on the next working day to be timely.

If a change not related to the issue under appeal occurs while benefits are continuing, notify the participant of any adverse action. Take the action unless it is also appealed.


See 0028.30 (Sanctions for Failure to Comply - Cash) for information on sanction types and procedures.


DWP benefits cannot extend beyond the 4th month.


Offer continued benefits if they can show good cause for not appealing within the time limits noted in the general provisions.

Continue benefits until the Commissioner issues a hearing decision, the current certification period expires, or another change occurs which requires an adjustment, whichever occurs 1st.

If the certification period expires and people reapply, process the issue under appeal as it would normally be handled. They can file another appeal if they disagree with the new action.

Do not continue benefits which are reduced or terminated due to:

A mass change. See 0026.27 (Notice of Mass Changes).

Not receiving a Household Report Form (HRF) or Combined Six-Month Report (CSR), even if the client claims to have sent it. Inform the client that benefits cannot continue until an HRF or CSR is received. See 0007.03 (Monthly Reporting - Cash), 0007.03.01 (Monthly Reporting - Uncle Harry FS), 0007.03.02 (Six-Month Reporting).


If caregivers appeal protective, vendor, or 2-party payments continue mailing benefits directly to them until the Commissioner issues an appeal decision. See 0024.09 (Protective and Vendor Payments). The appeal request must be made before the effective date of the action or within 10 days after the date of mailing the notice, whichever is later.

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