Connecticut Department of Social Services Uniform Policy Manual: 1570.10 Fair Hearings - Notice of Action

CONNECTICUT DEPARTMENT OF SOCIAL SERVICESPRIVATE UNIFORM POLICY MANUAL _____________________________________________________________________________ Date: 06-01-10 Transmittal: UP-10-12 1570.10 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD _______________________________________________________________ SNAP Subject: MA Notice of Action ______________________________________________________________________________

1570.10 A. Notice Requirements

Except in situations described below, the Department mails or gives adequate notice at least ten days prior to the date of the intended action if the Department intends to:

discontinue, terminate, suspend or reduce benefits; or

change the manner or form of payment for programs.

B. Exceptions to Timely Notice Requirements

1. AFDC, AABD, MA, SNAP

The Department mails an adequate notice no later than the date of the action if the action is based on any of the following circumstances:

a. the Department has factual information that all members of the assistance unit have died; or

b. the Department receives a clear, written statement signed by the assistance unit stating that:

(1) the unit no longer wishes to receive benefits; or

(2) the unit is giving the Department information which requires that the Department terminate or reduce benefits, and that the unit understands that this must be the result of supplying that information; or

c. the assistance unit is required to submit monthly reports and the unit either:

(1) furnishes information which requires that the Department reduce or discontinue benefits; or

(2) fails to complete a timely monthly report without good cause; or

d. the affected individual has been admitted to or committed to an institution, and the individual is not eligible for assistance while living there; or

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 06-01-10 Transmittal: UP-10-12 1570.10 page 2 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD ____________________________________________________________ SNAP Subject: MA Notice of Action ______________________________________________________________________________

1570.10 B. 1. Exceptions to Timely Notice Requirements (continued)

e. the assistance unit's whereabouts are unknown and the post office returns departmental mail directed to the unit indicating no forwarding address; or

f. the Department verifies that the assistance unit has been granted benefits under the same program in another state.

2. AFDC

In the AFDC program, the Department sends an adequate notice no later than the date of the action, under the following situations, as well as under those described in paragraph 1:

a. the Department has factual information that an assistance unit member has died, or that the AFDC payee has died and there is no relative available to serve as new payee; or

b. the assistance unit member has been placed in a long term care facility and no longer qualifies for assistance; or

c. an AFDC child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his or her caretaker relative or legal guardian; or

d. the Department grants the assistance unit a special allowance for a specific period of time and informs the unit in writing at the time of grant that the allowance automatically terminates when the specific period ends; or

e. the Department determines that the AFDC payee has mismanaged the unit's finances and that the Department should issue a restricted method of payment (Cross Reference 6505).

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 06-01-10 Transmittal: UP-10-12 1570.10 page 3 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD ____________________________________________________________ SNAP Subject: MA Notice of Action ______________________________________________________________________________

1570.10 B. Exceptions to Timely Notice Requirements (continued)

3. AABD

In the AABD program, the Department sends an adequate notice no later than the date of the action, under the following situations, as well as under those described in paragraph 1:

a. the Department grants the assistance unit a special allowance for a specific period of time and informs the unit in writing at the time of grant that the allowance automatically terminates when the specific period ends; or

b. the Department determines that the AABD payee has mismanaged the unit's finances and that the Department should issue a restricted method of payment (Cross Reference 6505).

4. MA

In the Medicaid program, the Department sends adequate notice no later than the date of the action, under the following situations, as well as under those described in paragraph 1:

a. the Department has factual information that a member of the assistance unit has died; or

b. the unit member's physician prescribes a change in the unit member's level of care; or

c. the Department authorizes the assistance unit to receive assistance for a specific period of time and informs the unit in writing at the time of authorization that assistance automatically terminates when the specific period ends.

5. SNAP

a. In the Supplemental Nutrition Assistance Program, the Department does not mail individual notices to assistance units when the Department initiates a mass change affecting a class of recipients. The Department does publicize the mass change, however, by mailing a general notice to the affected class.

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 06-01-10 Transmittal: UP-10-12 1570.10 page 4 ______________________________________________________________________________ Section: Type: The Eligibility Process POLICY ______________________________________________________________________________ Chapter: Program: AFDC AABD Fair Hearings SNAP MA _______________________________________________________________________________ Subject: Notice of Action ______________________________________________________________________________ 1570.10 B. Exceptions to Timely Notice Requirements (continued)

b. In the Supplemental Nutrition Assistance Stamp program, the Department does not send individual notices to assistance units regarding a reduction or termination of benefits if:

(1) the assistance unit has been receiving an increased allotment as a corrective payment, and the Department notifies the unit in writing, at the time of the increase, that such increase will terminate after a specific period of time; or

(2) the assistance unit's allotment varies from month to month within the certification period to reflect changes anticipated at the time of certification, and the Department so notifies the assistance unit at the time of certification; or

(3) the assistance unit applies for Public Assistance as well as SNAP benefits and has been receiving SNAP benefits pending approval of the Public Assistance grant, and the Department notifies the unit at the time of certification that SNAP benefits will be reduced upon approval of the Public Assistance grant; or

(4) an overpaid assistance unit fails to make repayment and the Department recoups the overpayment by benefit reduction (Cross Reference: Section 7000); or

(5) the assistance unit consists of someone who is a resident of a drug or alcoholic treatment center or group living arrangement if the facility either loses its certification or has its status as an authorized representative suspended because of disqualification by the Food and Nutrition Service (Cross Reference: Section 1505); or

(6) the assistance unit's benefits are being reduced or terminated as a result of an intentional program violation.