1510 Continuation of Benefits

If a household requests a fair hearing within the period provided by the Notice of Adverse Action and its certification period has not expired, the household’s participation in the program will continue on the basis authorized immediately prior to the Notice of Adverse Action. The household must specifically waive the continuation of benefits for the proposed action to be implemented. Benefits must be continued through the period allowed for reinstatement of a hearing that was orally withdrawn. See Section 1509. If there is no request for reinstatement of the hearing or the agency’s action is upheld by a hearing decision, a claim against the household must be established for all over-issuances, including ABAWD ineligibility, except for work registration sanctions for which a disqualification will be applied as a result of the hearing decision. If a hearing request is not within the period provided by the Notice of Adverse Action, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes good cause for its failure to make the request within the advance notice period, the agency shall reinstate the benefits to the prior basis. For Semi-Annual Reporting households, benefits will be continued on the previously authorized basis if the request for a hearing is due to a decrease or termination of benefits based on information on the six-month report and the request for a hearing is made within 10 days of the date of the Notice of Action. However, benefits will not be continued if the case is terminated for failure to submit the Six-Month Report or failure to submit necessary information to complete the Semi-Annual Reporting process. When benefits are reduced or terminated due to a mass change, participation of the prior basis shall be reinstated only if the issue being contested is that food assistance eligibility or benefits were improperly computed or that Federal law or regulation is being misapplied or misinterpreted. Once continued or reinstated benefits shall not be reduced or terminated prior to the receipt of the official hearing decision unless: 1. The certification period expires. The household may reapply and be determined eligible for a new certification period based on current household circumstances. 2. A change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending and the household fails to request a hearing after the subsequent Notice of Adverse Action. 3. A mass change affecting the household eligibility or basis of issuance occurs while the hearing decision is pending. 4. The household, or its representative, orally withdrew its request for a fair hearing and did not advise the county/State of its desire to reinstate the fair hearing within the timeframe specified in Section 1509.