Page 217

ESA SNAP Policy Manual 201 15.7.3 Other District-Initiated Changes In instances when ESA adopts a new SNAP policy that adversely affects some SNAP households, ESA must send affected households a general notice to inform them of the changes. If ESA chooses to complete an individual desk review of cases that are subject to a mass change, ESA sends affected households a general notice describing the change. If a general notice is not sent, ESA must send an individual Notice of Adverse Action instead. Example The District adopts a policy to use a mandatory utility allowance for all households. Under this policy, SNAP customers can no longer claim actual utility costs. The District plans to make a mass change that will convert the current utility expenses to the new utility standards. Because of this change, some SNAP households will receive more in SNAP, and others will receive less. ESA sends a general notice to all SNAP households notifying them of the expected change in their benefits.

15.7.4 Right to a Fair Hearing and Continued Benefits Households may request a fair hearing when they disagree with a mass change. The household is eligible for continued SNAP benefits if the household meets the following three criteria:  The household requests a fair hearing.  The household does not specifically waive its right to a continuation of benefits.  The household’s fair hearing is based upon improper calculation of SNAP eligibility or benefits or the misapplication or misinterpretation of federal law or regulations. Example Mary Minor requests a fair hearing and continuation of benefits when her SNAP benefits are reduced because of a federally mandated reduction in the maximum SNAP allotments. Ms. Minor is not eligible to continue getting SNAP benefits at her previous level because the reduction is not due to an incorrect calculation of her benefits or misapplication of federal rules.

Legal Authority Mass changes (federal): SNAP: 7 CFR § 273.12(e)

Return