UPM P-1570.05 - Notifying the Assistance Unit

CONNECTICUT DEPARTMENT OF INCOME MAINTENANCEPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 10-1-89 Transmittal: UP-89-46 P-1570.05 ______________________________________________________________________________ Section: Type: The Eligibility Process PROCEDURES ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD _______________________________________________________________ MA Subject: FS Notifying the Assistance Unit ______________________________________________________________________________

P-1570.05 1. At the time of application and at redeterminations, inform the assistance unit that it has the right to a Fair Hearing if it is dissatisfied with a Departmental action, a delay in processing an application or in making a change, or a failure to take a required action.

2. When required by policy, send a notice at least 10 days prior to discontinuing, terminating, suspending, or reducing benefits, and prior to changing the form of payment.

3. When the assistance unit consists of an institutionalized spouse, inform both the institutionalized spouse and the community spouse that either spouse has the right to a Fair Hearing if he or she is dissatisfied with a Departmental action concerning:

° the assessment of spousal assets (cross reference 1507.05);

° the determination of the Community Spouse Disregard (CSD) (Cross Reference 4022.05);

° the determination of deemed assets (Cross Reference 4025.65);

° the determination of the Community Spouse Allowance (CSA) (Cross Reference 5035.30);

° the determination of the Community Family Allowance (CFA) (Cross Reference 5035.35).

4. State on the notice:

° the reason for the Department's intended action;

° in the case of discontinuance due to receipt of a lump sum, the beginning and ending dates of the period of ineligibility;

CONNECTICUT DEPARTMENT OF INCOME MAINTENANCE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 10-1-89 Transmittal: UP-89-46 P-1570.05 page 2 ______________________________________________________________________________ Section: Type: The Eligibility Process PROCEDURES ______________________________________________________________________________ Chapter: Program: AFDC Fair Hearings AABD _______________________________________________________________ MA Subject: FS Notifying the Assistance Unit ______________________________________________________________________________

P-1570.05 4. State on the notice: (continued)

° in situations where ineligibility is expected to last for no more than three calendar months, the earliest date on which the unit is expected to be eligible again and the necessity of applying at that time;

° in cases where an assessment of assets in completed and there is no concurrent application for assistance, inform the MCCA spouses that they have the right to a Fair Hearing upon application for Medicaid;

° the policy citation (section, chapter, subject) supporting this action;

° the unit's right to a Fair Hearing to contest the action;

° the method of requesting a Fair Hearing;

° the time limit for requesting a Fair Hearing;

° that the requester may be self-represented, may have legal representation, or have anyone he or she wishes to act as a representative;

° the address of the local Legal Aid Office, if there is free legal help available;

° that benefits will be continued if the request for a Fair Hearing is made within 10 days from the date the notice is mailed;

° that the unit will be subject to recoupment action if its benefits are continued and the Fair Hearing decision upholds the Department.

5. When denying an application, send the assistance unit a notice which provides all the information described in step 4. Except for the last two items concerning continuation of benefits and recoupment, which are not appropriate.