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Other District-Initiated Changes

In instances where ESA adopts a new FS policy that adversely affects some FS households, the affected household shall be notified by a general notice.

NOTICE REQUIREMENT OF DESK REVIEWS COMPLETED IN PLACE OF A MASS CHANGE 9.8

If ESA chooses to complete an individual desk review of cases that are subject to a mass change, it must, at a minimum, send a general notice describing the change to each of the affected households. If a general notice is not sent, the household must be sent an individual notice of adverse action instead.

REQUIREMENTS OF A GENERAL NOTICE 9.9

A general notice shall at a minimum include the following information:

 the general nature of the change; • examples of the change’s effect on the households’ FS allotments;  the month in which the change will take effect; • the households’ rights to a fair hearing; • the households’ right to continue FS benefits, if any, and under what circumstances FS benefits will be continued pending a fair hearing;  general information on whom to contact for additional information; and  the liability the household will incur for any over-issued FS benefits if the fair hearing decision is adverse.

At a minimum, ESA must notify the household by the date the household is scheduled to receive the allotment that has been changed. ESA shall notify the household as much before the household’s scheduled issuance date as reasonably possible, although the notice need not be given any earlier than the time required for advance notice of adverse action.

RIGHT TO A FAIR HEARING AND CONTINUED BENEFITS 9.10

The household shall be entitled to request a fair hearing when it is aggrieved due to the mass change. The household shall also be entitled to continued FS benefits if the household meets the three (3) criteria below:

1. The household requests a fair hearing; 2. The household does not specifically waive its right to a continuation of benefits; and 3. The households’ fair hearing is based upon improper computation of food stamp eligibility or benefits, or upon misapplication or misinterpretation of Federal law or regulation. Example

The District adopts a policy to require that all Food Stamp households use a mandatory utility allowance. Under this policy, Food Stamps recipients will no longer be able to 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 Food Stamp households will receive more in food stamps and others will receive less. ESA must send a general notice to all Food Stamp household notifying them of the expected change in their benefits.