420.7 Decrease in Benefits

Issue a notice of adverse action to a household within 10 days of the date a change is reported when the household’s benefit level decreases or it becomes ineligible as a result of a change that is not based on a change in earned income. See Chapter 408 of this SNAP Manual for processing changes to earned income.

Make the decrease in the benefit level effective no later than the allotment for the month following the month in which the notice of adverse action period expires, provided the household does not request a fair hearing and a continuation of benefits.

Obtain required verification prior to recertification.

When the notice of adverse action is not used because of one of the exemptions listed in Section 430.4, the local department must make the change no later than the month of following the change.

420.8 Unclear Information

During the certification period, the case manager may get information about changes in a household’s circumstances but cannot readily determine the effect of the change on the household’s SNAP benefits. This could be information from a third party, from an automated match, or from the household itself.

Acting on unclear information:

Generally, unclear information must only be followed up on:

If the information was something the household would be required to report under simplified reporting requirements if true, AND the information is less than 60 days old; OR

The information received significantly conflicts with information used to certify a household must also be acted on. Significantly conflicting information is any information that impacts a household’s benefit.

Exceptions: Deceased and prisoner data matches (Refer to 420.8D).

Use the following procedure to get clarification of the household’s situation if the unclear information falls under section 420.8(B) above:

Issue a written request for clarification (RFC), which:

Clearly tells the household of the verification it must provide or the actions it needs to take to clarify its circumstances;

Gives the recipient at least 10 days to respond and to provide the requested information; and

Clearly states the consequences if the household fails to respond to the RFC.

The RFCs for information other than prison and death matches are the 1052 Request for Information or the E&E letter for requesting information.

If the household does not respond to the RFC, or does respond but refuses to provide sufficient information to clarify its circumstances, the case manager will issue a notice of adverse action and close the case for failure to provide information.

If the RFC is returned by the post office as undeliverable, narrate thoroughly and wait until the next recertification to take action. (If a recertification notice is returned by the post office, close the case based on failure to recertify.)

When the household responds to the RFC and provides sufficient information, the case manager must act on the new information.

The RFC must not be used to require customers to meet with or supply information to a fraud investigator.

Deceased and prisoner data match: Use the following procedure to get clarification of the household’s situation:

Step 1: The case manager must first attempt to verify the data match independently through online sources,

Should the case manager successfully verify the information, no other follow-up action is required.

OR

If the data match cannot be independently verified by the case manager, the case manager must then proceed with Steps 2 and 3 below.

Step 2: Issue the DHS/FIA 1052-A Notice of Data Match to the household, which:

Clearly tells the household the verification it must provide or the actions it needs to take to clarify its circumstances;

Gives the recipient at least 10 days to respond and to provide the requested information; and

Clearly states the consequences if the household fails to respond.

Step 3: If the household fails to respond, or does respond but refuses to provide sufficient information to clarify its circumstances, the case manager must move forward with starting the procedure to remove the individual in question from the household and adjust the case.

420.9 Failure to Report a Change

If the local department discovers that a household failed to report a change that it was required to report and received benefits to which it was not entitled the local department will:

Establish a claim against the household as described in section 490, Claims Against Households.

Send a notice of adverse action to a participating household upon discovery that the household failed to report a change and received benefits to which it was not entitled.

Not disqualify individuals for failing to report a change unless the individual is disqualified as described in section 480 of this manual, Intentional Program Violations.

NOTE: A household is not held liable for a claim because of a change in its circumstances that it is not required to report in accordance with section 420.2.

420.10 Mass Changes

The State and Federal governments initiate certain changes, which may affect the entire caseload or significant portions of it.

These changes include the following:

Adjustments to the:

Net income eligibility standards;

Shelter deduction;

Dependent care deduction; or

Standard deductions.

Changes to the periodic cost of living adjustments.

Adjustments to the State’s utility standard.

Cost of living adjustments to Social Security, SSI and other federal benefits.

Adjustments to TCA, RCA, TDAP or PAA payments.

Any other changes in the eligibility criteria based on legislative or regulatory actions.

420.101 Federal Adjustments to Eligibility Standards, Allotments and Deductions; State Adjustments to Utility Standards

These types of adjustments go into effect for all households at a specific point in time.

Although a notice of adverse action is not required, the local department may send an individual notice to those households affected by the change. E&E sends out notices of mass changes.

The Food and Nutrition Service or the Department’s Office of Communications may distribute press releases to the media or complete mass mailings to inform the public of such changes.

420.102 Mass Changes in Public Assistance

When the Department makes an overall adjustment to cash assistance payments, handle corresponding adjustments to the household’s SNAP benefits as a mass change.

The E&E system generates and sends notices to households at the time of the mass change.

A notice of adverse action is not required when a mass change in cash assistance payments reduces or terminates a household’s SNAP benefits.

420.103 Mass Changes in Federal Benefits