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us-ma/regulation/106-cmr/367/825 — 825 Results of an ADH - Notification (A) · Axiom

825 Results of an ADH - Notification (A)

If the hearing official determines the household member(s) did not commit an IPV, the Department shall inform that member(s) in writing of such finding. The notice shall contain the date the ADH was held, the case number and the findings of the hearing official. (B) If the hearing official determines the household member(s) committed an IPV, the Department shall inform the member(s) in writing of the decision, the reason for the decision, and that he or she will be disqualified from the program for the appropriate time period. The notification shall contain the following information: (1) The case name and number, the amount of the claim, date of decision, the number of months of disqualification, and notification that if the member is no longer participating the disqualification will be deferred until he or she reapplies and is determined to be eligible. (2) A separate notice to the remaining household member(s), if any, of the adjusted benefit level or notice that the household must reapply because the certification period has expired. The notification will also contain information regarding the household’s right to a fair hearing regarding the new benefit level unless the hearing has already been consolidated with an ADH or a waiver or consent agreement has been filed. (C) A repayment agreement shall also be sent. This agreement shall contain: (1) the amount owed the Department; (2) the types and terms of each repayment option; (3) the date repayment must begin; (4) a statement that the Department or the household may request renegotiation of the repayment option if there is a change in circumstances; (5) a statement that the failure to return a completed and signed copy of an agreement acceptable to the Department within 30 days shall result in automatic benefit reduction at a rate of 20 percent of the household’s entitlement or $20, whichever is greater. The agreement shall also include a statement that benefit reduction shall last until the agreement is filed or the claim is repaid and that benefit reduction will be reimposed at any time if any terms of the agreement are not honored; (6) an accounting of any amount offset; (7) a statement that recoupment shall begin as soon as possible after the agreement is filed; (8) the date the disqualification period will begin; and (9) a statement that no agreement shall be made which will allow a smaller payment than could be collected through automatic benefit reduction.

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825 Results of an ADH - Notification (A)

Official source

(block-1)#

(A) If the hearing official determines the household member(s) did not commit an IPV, the Department shall inform that member(s) in writing of such finding. The notice shall contain the date the ADH was held, the case number and the findings of the hearing official. (B) If the hearing official determines the household member(s) committed an IPV, the Department shall inform the member(s) in writing of the decision, the reason for the decision, and that he or she will be disqualified from the program for the appropriate time period. The notification shall contain the following information: (1) The case name and number, the amount of the claim, date of decision, the number of months of disqualification, and notification that if the member is no longer participating the disqualification will be deferred until he or she reapplies and is determined to be eligible. (2) A separate notice to the remaining household member(s), if any, of the adjusted benefit level or notice that the household must reapply because the certification period has expired. The notification will also contain information regarding the household's right to a fair hearing regarding the new benefit level unless the hearing has already been consolidated with an ADH or a waiver or consent agreement has been filed. (C) A repayment agreement shall also be sent. This agreement shall contain: (1) the amount owed the Department; (2) the types and terms of each repayment option; (3) the date repayment must begin; (4) a statement that the Department or the household may request renegotiation of the repayment option if there is a change in circumstances; (5) a statement that the failure to return a completed and signed copy of an agreement acceptable to the Department within 30 days shall result in automatic benefit reduction at a rate of 20% of the household's entitlement or $20, whichever is greater. The agreement shall also include a statement that benefit reduction shall last until the agreement is filed or the claim is repaid and that benefit reduction will be reimposed at any time if any terms of the agreement are not honored; (6) an accounting of any amount offset; (7) a statement that recoupment shall begin as soon as possible after the agreement is filed; (8) the date the disqualification period will begin; and (9) a statement that no agreement shall be made which will allow a smaller payment than could be collected through automatic benefit reduction.