section-8 NOTICE OF AGENCY DECISION

A. Notice Requirements This Section contains the regulatory requirements for all SNAP client notices. The requirements are the same for all SNAP notices, whether generated by CNS or manual notice. Please note, much of this chapter relates to the Temporary Assistance Source Book (TASB), Section 8: Notice of Agency Decision. A. Client Notices System (CNS) All NTA/SNAP and multi-program (TA/SNAP/MA) openings, closings, denials, undercare and recertification call-in notices are generated by the Client Notices System (CNS). Automated CNS notices are designed to satisfy all State and federal regulatory notice requirements. Generally, as manual notices are more error prone, it is always preferable that the CNS be used to generate client notices. Manual notices should be used only when the CNS does not support the action or when CNS may be unavailable. The CNS Manual is available at http://otda.state.nyenet/dta/manuals/cnsmanual.pdf. The CNS Code and Text Catalog is an excellent resource to aid in the determination of proper usage of all individual and case level codes. B. Manual Notices Manual notices continue to be maintained. Included in this section are some manual notices that support common actions taken on SNAP cases. Note, this is not an exhaustive list of manual notices available. C. Definitions a. Action Taken Notice - a notice from a local district advising: 1) An applicant for SNAP benefits or a recipient of SNAP benefits at recertification of the local district's determination to accept or deny SNAP benefits; or 2) A recipient of SNAP benefits of an increase or decrease in benefits b. Adequate Notice - any notice of action, adverse action notice or action taken notice that satisfies all the legal requirements as specified in regulation. These legal requirements are given throughout the remainder of SNAPSB Section 8, as each of these three types of notice is specifically addressed. c. Adverse Action Notice - a notice from a local district advising a recipient of SNAP benefits of its determination to discontinue, or reduce such recipient's SNAP benefits, within the SNAP certification period. These are often informally referred to as "Timely and Adequate" because they must be both, as defined in 2 above and 5 below. d. Expiration Notice - otherwise referred to as Notice of Expiration (NOE) - a notice sent by a local district which advises a household in receipt of SNAP benefits that its certification period is due to expire. The required elements of an expiration notice are detailed later in this section. e. Timely Notice - a notice which is mailed at least 10 days before the date upon which the proposed action is to become effective. f. Dates - 1) Notice Date - This is the date the worker completes the notice and the notice is mailed. (For purpose of this review, see Pg. 14, G.1.c.) On a timely and adequate notice, the date must be at least ten days before the effective date of the action. On adequate-only notices and notices given at application, the date may be less than ten days from the effective date of the action. 2) Effective Date - This is the date the action or change will happen. Fair hearing regulations require that notice be given regarding when an action will take effect. I.Also, in situations which require timely and adequate notice of adverse action (i.e., discontinuance, reduction), this date is used to determine if aid continuing can be given, since for an appellant to have the right to aid- continuing, the fair hearing must be requested by the effective date. The effective date of a SNAP timely adverse action notice is the 10th day after the date the notice is mailed. II.In situations which require an adequate-only notice, the postmark date of the notice is used to determine whether the appellant is entitled to aid continuing (reinstatement) when a hearing is requested. D. Adequate Notice 1. Basic Requirements - The adequate notice must include: a. The action the local district proposes to take or is taking, and b. If a single notice is used for all affected assistance, benefits or services, the effect of such action, if any, on a recipient's other assistance, benefits or services. c. Otherwise, the notice shall state that there will be a separate notice for other affected assistance, benefits or services. 2. Additional Requirements - In addition, the adequate notice must set forth the following: a. A reduction of SNAP benefits - Both the dollar amount of benefits prior to the reduction and the reduced amount must be specified; b. A recoupment - The total amount to be recouped and the rate of recoupment must be specified. c. An acceptance of a SNAP application - The benefit level, including variations based on changes anticipated at the time of certification, the date of initial issuance of benefits and the dates covering the certification/eligibility period must be specified. (1). In addition, if the initial allotment contains benefits for both the month of application and the current month, the notice must explain that the initial allotment includes more than one month's benefits, and, (2). Must indicate the monthly allotment amount for the remainder of the certification period; (3). Must specify the date benefits may be accessed; (4). When an application is approved on an expedited basis without verification, the notice must explain that the household must provide the verification which was postponed and any special conditions applicable to the household if a normal certification period was assigned to such household; and (5). When one application results in approval of benefits following initial denial (ineligibility) of benefits for the month of application, the notice must include the reason for the initial denial along with the subsequent approval information. d. A denial of a SNAP application - When a household is potentially categorically eligible for SNAP benefits but is denied SNAP benefits, the notice must ask the applicant to inform the local district if the applicant is approved to receive FA, federally funded SNA or Supplemental Security Income benefits; e. An increase in SNAP benefits - Both the new amount of the grant or benefits and the former benefit amount must be specified; f. In all actions, except in the case of a denial, the effective date of the action; g. In all actions, except in the case of an acceptance of an application for SNAP, the specific reasons for the action; h. The specific laws and/or regulations upon which the action is based; i. The applicant's or recipient's right to request an agency conference and fair hearing; j. The procedure for requesting an agency conference or fair hearing, including an address and telephone number where a request for a fair hearing may be made and the time limits within which the request for a fair hearing must be made; and k. An explanation that a request for a conference is not a request for a fair hearing and that a separate request for a fair hearing must be made. Furthermore, that a request for a conference does not entitle one to aid continuing, and that a right to aid continuing only arises pursuant to a request for a fair hearing. l. When the local district action or proposed action is a reduction, or discontinuance, of SNAP benefits, the circumstances under which: (1). SNAP benefits will be continued or reinstated until the fair hearing decision is issued; that a fair hearing must be requested separately from a conference, and (2). A statement that when only an agency conference is requested and there is no specific request for a fair hearing, there is no right to continued SNAP benefits; and (3). That participation in an agency conference does not affect the right to request a fair hearing. m. The right of the applicant or recipient to review the applicant's or recipient's case record and to obtain copies of documents which the local district will present into evidence at the hearing and other documents necessary for the applicant or recipient to prepare for the fair hearing at no cost. The notice must contain an address and telephone number where the applicant or recipient can obtain additional information about: (1). The applicant's or recipient's case; (2). How to request a fair hearing; (3). Access to the case file, and/or; and (4). Obtaining copies of documents. n. The right to representation by legal counsel, a relative, friend or other person or to represent oneself, and the right to bring witnesses to the fair hearing and to question witnesses at the hearing. o. The right to present written and oral evidence at the hearing. p. The liability, if any, to repay continued or reinstated benefits, if the recipient loses the fair hearing. q. Information concerning the availability of community legal services to assist an applicant or recipient at the conference and fair hearing; and r. A copy of the budget or the basis for the computation, in instances where the local district's determination is based upon a budget computation. Where appropriate, the ABEL Budget Narrative should also be included. This does not apply to actions taken involving HEAP. s. If a combined notice is used, the TA, SNAP and MA portions must always be completed. E. Action Taken Notice Action To Accept, Deny, Increase, Change In Calculation - When a local district accepts or denies an application for SNAP benefits or increases SNAP benefits, or changes the amount of one of the items used in the calculation of SNAP benefits although there is no change in the amount of the SNAP benefits, the applicant/recipient has the right to adequate notice. F. Adverse Action Notice Action To Discontinue, Reduce Or Recoup - Except as stated in section F (Exemptions from Adverse Action Notice), when a local district proposes to take any action to discontinue, or reduce SNAP benefits the applicant/recipient has the right to a timely and adequate notice. G. Expiration Notice 1. Uses a. The local district must provide each household with a Notice of Expiration (NOE), as defined in this section, prior to the start of the last month of the household’s certification period, but not before the first day of the second to last month of the certification period. However, if the household was recertified for both TA and SNAP prior to the last month of the SNAP certification period, an expiration notice is not required. b. For households with certification periods longer than one or two months the notice of expiration must be sent by the local district so that the household receives it no earlier than the first day of the second to the last month of the certification period and no later than one day before the last month of the certification period. c. Households certified for one month or two months must receive the expiration notice at the time of certification. 2. Content - The expiration notice must contain: a. The consequences of failure to comply with the expiration notice; b. The date the current certification period ends; c. The date by which the recipient's household must reapply to receive uninterrupted benefits; d. The date and time of the scheduled interview, and a statement that the recipient is responsible for rescheduling a missed interview; e. The number of days the recipient has for submitting missing verification after the interview or after the recertification form is received by the local district; f. The specific regulation upon which the action is based; g. The household's right to request an application for SNAP benefits and the obligation of the local district to accept the application, provided it contains at minimum, a legible name and address (if the household has one) and signature; h. The address where the application must be filed; i. The household's right to apply for SNAP benefits in person, fax, by mail, on-line or through an authorized representative; j. Information that any household consisting only of Supplemental Security Income (SSI) applicants or recipients is entitled to apply for SNAP recertification at any office of the Social Security Administration (SSA); k. The household's right to a fair hearing; and l. The procedure for requesting an agency conference or fair hearing, including an address and telephone number where a request for a fair hearing may be made and the time limits within which the request for a fair hearing must be made; m. The right of the recipient to review the recipient's case record. The notice must contain: (1). An address and telephone number where the recipient can obtain additional information about the recipient's case; (2). How to request a fair hearing; (3). Access to the case file; and/or (4). Obtaining copies of documents; n. The right to representation by legal counsel, a relative, friend or other person or to represent oneself, and the right to bring witnesses to the fair hearing and to question witnesses at the hearing; and o. The right to present written and oral evidence at the hearing. References: CFR 273.13 Notice of Adverse Action CFR 273.14(b) Notice of Expiration 273.10 Determining Household eligibility and Benefit Levels 358-2.1 Action Taken Notice 358-2.2 Adequate Notice 358-2.3 Adverse Action Notice 358-2.11 Expiration Notice 358-2.23 Timely Notice 273.13 Notice of Adverse Action 358-3.3 Notice Requirements 94-INF-16 Food Stamps Clarification of Effective Date of a Timely Adverse Action Notice B. Exemptions from Adverse Action Notice 1. Recipients are not entitled to an individual adverse action notice when: a. Based on reliable information, the local district determines that all members of the household have died or that the household has moved from the local district or will not be residing in the local district and will be unable therefore to obtain its next SNAP allotment from such district; or b. The certification period has expired, the recipient was previously informed of the expiration, and they have not reapplied for benefits; or c. The household has been receiving an increased SNAP allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of the date when the increased SNAP allotment would terminate; or d. The household's allotment of SNAP benefits varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was notified that the SNAP allotment would vary at the time of certification; or e. The household applied jointly for TA and SNAP benefits and has been receiving SNAP benefits pending the approval of the TA grant and was notified at the time of SNAP certification that SNAP benefits would be reduced upon approval of the TA grant; or f. A household member is disqualified from the SNAP Program for an Intentional Program Violation in accordance with SNAPSB Section 16 and the SNAP benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member; or g. The local district has elected to assign a longer certification period to the household which was certified on an expedited basis and for which verification was postponed. The household must have received written notice that to receive benefits past the month of application the household must provide the verification which was initially postponed and the local district may act on the verified information without further notice; or h. A local district has converted the household from cash repayment of an IPV claim to benefit reduction, because of the household's failure to make an agreed upon cash repayment; or i. The recipient is a resident of a treatment center or group living arrangement which is determined to be ineligible for SNAP benefits because the facility has either lost its certification from the appropriate State agency/agencies or lost its status as an authorized representative due to its disqualification by the federal Food and Nutrition Service as a retailer. However, residents of group living arrangements applying on their own behalf may remain eligible to participate in the Supplemental Nutrition Assistance Program; or j. The household voluntarily requests, in writing or in the presence of a local district employee, that its SNAP benefits be terminated. If the household does not provide a written request, the local district must send the household a letter confirming the voluntary withdrawal. 2. A recipient of SNAP benefits has the right to an adequate notice sent no later than the date of the proposed action when the local district actions result from information furnished on a quarterly report. NOTE: If a recipient fails, without good cause to return a completed Periodic Report by the tenth day of the process month (the month following the month the Periodic Report was mailed to the household), the local district must send a timely and adequate notice of discontinuance. References: 358-3.3(e) Notice Requirements 387.20 Notification of Local Department Decisions 273.13 Notice of Adverse Action C. Mass Changes SNAP households must be notified of any increase, decrease or termination of benefits, which results from a mass change. A. Individual Notices - The responsibility for providing notice is with the local district unless the Department has assumed responsibility for providing notice. Further, unless otherwise notified, the local district must issue an individual notice in accordance with procedures outlined in SNAPSB Section 8, this includes sending accompanying budget information. B. General Notices - Federal and State notice regulations specify that an individual notice is not required for an action that is the result of a mass change. This Department may for any mass SNAP change, develop a general notice to be issued in place of individualized notices. These notices may be: a. Provided to local districts to be both reproduced and sent to affected households; or b. Printed by this Department and provided to local districts to be sent to affected households; or c. Printed and sent to affected households by this Department. Note: If the Department opts to develop a general notice, specific instructions will be issued to local districts. In lieu of such instructions, local districts continue to be responsible for issuance of individual notice to affected cases at mass change. C. Publicizing Changes - Local districts may, but are not required to, publicize mass changes through the news media or through posters displayed in certification sites, issuance locations or other sites frequented by certified households. Reference: CFR 273.13 Notice of Adverse Action 358-3.3(e) Notice Requirements D. Factors Common to All Notices 1. Heading a. Completion of all sections of the heading is required except for Office No., Unit No., Worker No. and the telephone number for the unit or worker. The unit or worker responsible for issuing the notice must be identified. b. Notice Number – The notice has a system designated unique identifier. c. Notice Date - This is the date the worker completes the notice and the notice is mailed. d. Case Number – The notice displays the District assigned unique number. e. Telephone Numbers - (1). Legal Assistance Information - In local districts where there is only one advocacy agency, the telephone number for that agency should be given. Local districts that have more than one advocacy agency should list a social services number where the client can receive information about advocacy agencies that represent clients residing in the local district. Use of numbers which are not Social Services District numbers should be cleared first with the outside agency to assure they are correct and that the agency is able to handle the telephone inquiries that might result. (2). Agency Conference, Fair Hearing Information and Assistance, Record Access - The notice is designed to give one general number or specific numbers for each type of information needed. If local districts opt to use a general telephone number, procedures must be in place to ensure that clients who call to request information in one or more of the above areas are directed to a person who has the knowledge and authority to respond to the specific need. f. Case Name and Address – The notice lists the name of the head of household and the household’s address. 2. Client Rights Language - The text on each notice is based on one prototype and the only substantive difference between the forms is in the aid continuing sections. 3. Distribution - The State mandated manual notices available for order, are comprised of three-ply chemically carbonless paper. Two copies of the notice are to be sent to the client and the remaining copy is for the case record. Printed copies of notices may be used, and a completed copy must be included in the case record. For residents of group living arrangements as defined in SNAPSB Section 5, an additional exact copy of the notice must be sent to the resource agent (authorized representative). The CNS automated notice consists of a single copy that is mailed to the client. There is the capability of sending an additional copy to an authorized representative. E. Combined Manual Notices As discussed in the introduction of this section, manual notices are used only in situations when the Client Notices System (CNS) is not available, or they may be used on a case-by-case basis when CNS does not support the action being taken. The manual notices listed below describe the action being taken to the applicant/recipient households on their combined TA/SNAP/MA case. Note, in instances when a TA applicant /recipient household declines SNAP, receives SNAP under a different TA case or is in a separate mixed household SNAP case, those households must be advised of the action taken on their SNAP application/case by completing the SNAP portion of the combined TA,SNAP, MA notice. 1. LDSS- 4013A (LDSS-4013A-NYC) & LDSS-4013B (LDSS-4013B-NYC) Action Taken on your Application: PA, MA, SNAP App Public Assistance, Supplemental Nutrition Assistance Program (SNAP) and Medical Assistance Coverage Adequate Only PART A AND B a. LDSS-4013A (LDSS-4013A NYC) – PART A of this notice is used to inform applicants of the decision made on their application for TA/MA. (1). The recoupment statement is a requirement under Department Regulation 358. If a TA application is accepted and a recoupment for past overpayments is taken, the box before the recoupment statement must be checked and a clear explanation of the reason for the recoupment provided. b. It is not a requirement under Department Regulation 358 that local districts provide notice when an application is withdrawn. It is, however, strongly recommended that local district send a notification to the client that the application (indicate the application date), is being withdrawn at the client's request and state the reason cited by the client. That notification can be a letter to the applicant or an OTDA approved form that the local district has developed for that purpose. copy of the notification should be kept in the case record, and/or the details of the withdrawal must be recorded in the case record. LDSS-4013B (LDSS 4013B NYC) – PART B of this notice is used to inform SNAP applicants of the disposition of the SNAP application, whether it is approved, denied or pended. SNAP policy requires that clients be advised when benefits will be available on an automated system. The APPROVED box allows for this entry. If an established claim is being recovered by allotment reduction, the OVERPAYMENT box must be checked or the overpayment information entered in CNS. However, a recoupment cannot be taken nor this box checked unless all appropriate procedures and notices have been used regarding claims establishment. (See SNAPSB Section 16) NOTE: If the TA applicant is not applying for SNAP as part of the TA application, the worker should make that notation in the SNAP section (Part B) of the notice. 2. LDSS- 4014A (4014A NYC) & LDSS-4014B (4014B NYC): Action Taken On Your Recertification: Public Assistance Supplemental Nutrition Assistance Program, Medical Assistance Coverage And Services a. LDSS 4014A (LDSS 4014A NYC) – PART A of this notice is used to inform recipients of the determination at recertification on their TA/MA/Services case. When the recertification results in a negative action for any of the programs, this notice must be postmarked at least 10 days prior to the effective date of the action (timely notice). In addition to the actions that result in change, the action to continue the regular monthly TA grant unchanged, is included. Clients must be notified of the result of their recertification, even if there is no change in the grant amount. If the client reports a change which results in a different budget calculation, even if the benefit amount does not change, , a copy of the budget and the ABEL budget narrative must be sent with this manual notice. The recoupment section, if applicable, must be completed. b. LDSS 4014B (LDSS 4014B NYC) PART B of this notice is used to inform applicants as to the disposition of the SNAP recertification application - approved, denied or pended. In addition, benefits may continue unchanged due to eligibility for Transitional Benefit Alternative (TBA) . If the benefits will continue unchanged, and recertification requirements for TA have not been met, the worker must complete the section regarding the TBA. If an OVERPAYMENT is currently in place or is being established, the overpayment information must be entered on the notice. When a household is not participating in SNAP, a notation must be made in the denied section indicating why the household is not participating. 3 . LDSS- 4015A (4015 A NYC) & LDSS-4015B (4015B NYC): Notice Of Intent To Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program, Medical Assistance Coverage And Services (Timely And Adequate) (Part A & B) Part A of this form is used to advise a TA/MA recipient of changes to eligibility or benefit amount during the certification period - reductions, discontinuances, suspensions, increases, or continuation of assistance unchanged (when an action has been taken which did not affect the amount of the benefit). Part B is used to advise a SNAP recipient of changes to eligibility or benefits amount during the certification period-reductions, discontinuances, suspensions, increases, or continuation of SNAP benefits unchanged (when an action has been taken which did not affect the amount of the benefit). a. LDSS 4015A (LDSS 4015A NYC), LDSS 4015B (LDSS 4015B NYC) These notices are used to provide timely notice to a recipient ( notice at least ten days before the action will take effect) and must be used if the change requires timely notice for any program area covered by the notice. PARTs A & B should be completed as appropriate. EXAMPLE: An increase in the TA grant which does not require timely notice results in a decrease to SNAP. This notice must be used because the adverse SNAP action requires timely notice. In this situation, the effective date of the TA change may be different (earlier) than the effective date of the SNAP change. The recoupment/overpayment information must be entered if applicable. When a household is not participating in SNAP, a notation must be made on Part B of the notice indicating why the household is not participating. 4. LDSS- 4016A (4016A NYC) & LDSS-4016B (4016 B NYC): Notice Of Intent To Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program (SNAP), Medical Assistance Coverage And Services (Adequate Only) (PART A & B) a. These notices are used to tell a recipient of changes to eligibility or benefit amounts during the certification period, when timely notice is not required. TASB Chapter 8 specifies when an adequate only notice may be sent for TA. b. SNAP requirements permit adequate notice to be used when the SNAP change is the result of information reported on the periodic report. However, federal SNAP requirements do permit situations in which no notice at all is required. These SNAP situations are specified within this section. c. Based on the different program requirements, this adequate - only notice can be used for TA households under the following circumstances: (1). The conditions for adequate - only notice for TA and MA apply and no notice is required for SNAP. Even though notice is not required, the appropriate SNAP boxes on the combined notice must be completed to keep households informed of the status of their SNAP eligibility and benefits; (2). The condition for adequate - only notice for TA and MA apply and the household does not receive TA/SNAP (3). The action being taken is based on information reported on a periodic report; (4). The action being taken is an increase for both TA and SNAP or an increase in either program that does not adversely affect the other program. d. TA Section (Part A) - This recoupment section, if applicable, must be completed. e. SNAP Section (Part B) - If an overpayment is currently in place or is being established, the information must be entered on this portion of the notice. See SNAPSB Section 16. 5. LDSS- 3152: Action Taken On Your SNAP Case (LDSS- 3152 NYC) - Under certain circumstances this notice must be used by the TA worker for a TA/SNAP household. See TASB Section 8 for information regarding when and how this notice is used for a TA case. For SNAP Only, see I. within this Section. 6. LDSS-2114: Continuing Your Public Assistance and/or PA/SNAP Benefits a. This notice is used to inform a household in receipt of SNAP benefits on their Temporary Assistance case that the certification period is due to expire and that the household must take actions as indicated in order to continue to receive SNAP and avoid interruption of benefits. b. If a household receives this notice and fails to fulfill the SNAP recertification requirements, no further notice is sent (i.e. no additional notification that benefits have been discontinued is required). However, if the TA case is being discontinued, the SNAP portion (Part B) of the combined notice (LDSS-4014A and LDSS-4014B) must be completed to inform the household of the status of their SNAP eligibility and benefits. Reference: 01-INF-17; CFR 273.2 Office Operations and Application Processing 06-INF-29 Revisions to 12 Mandatory Client Notices F. SNAP Only Notices The LDSS-3152 (LDSS-3152NYC): "Action Taken on Your SNAP Benefits Case" and the LDSS-4753: “Supplemental Nutrition Assistance Program (SNAP) - Request for Contact/Missed Interview” notices are generally sent to non-temporary assistance (NTA) SNAP households. In some circumstances, they may be used for TA/SNAP applicants/recipients, such as when an action is being taken on SNAP benefits issued in a TA case. 1. LDSS-3152 (LDSS- 3152 NYC): Action Taken On Your SNAP Case a. This notice is used to inform NTA/SNAP households of the decision made regarding an application or recertification for SNAP. It is also used when a household which is applying for TA and SNAP is determined eligible for SNAP before eligibility for TA is determined. This situation is most likely to occur when the household is entitled to expedited processing for SNAP. b. When the application is approved, the notice must indicate whether accepted under normal processing or expedited processing. It must also include: (1). The authorization period; (2). The amount of initial issuance and the ongoing benefit; (3). Any pended verification if applicable; and (4). When benefits may be accessed. c. When the application is denied, the reason must be given. d. This notice informs the household that if the SNAP application is accepted before the amount of a TA grant is determined; the SNAP benefit may be changed without further notice. This is included because federal regulations state that no additional notice is required in this situation. e. However, this State's practice is to give as much information as possible to applicant/recipient households. Therefore, the SNAP section of the LDSS- 4013B (B notice of the combined TA/SNAP/MA notice) must be completed even if this notice (LDSS-3152) has previously been sent to a TA household. f. The Recoupment box is checked if a recoupment is going to be taken against SNAP when the case is opened. However, a recoupment cannot be taken nor this box checked unless all appropriate procedures and notices have been used regarding claims establishment. 2. LDSS-3620 (LDSS- 3620 NYC) : Notice of Intent To Change SNAP Benefits (Timely And Adequate) a. This notice is an adverse action notice used to inform a recipient of SNAP benefits of the determination to reduce, discontinue or suspend such recipient's SNAP benefits within the certification period. b. If a recoupment is currently in place for SNAP, the worker should check the box indicating that a recoupment is being taken against SNAP benefits. 3. LDSS-3621 (LDSS- 3621 NYC): Notice Of Intent To Change SNAP Benefits (Adequate Only) a. This notice is used to inform a SNAP recipient of a change in his/her benefits, during the certification period, when timely notice is not required. b. This notice includes the actions of both “INCREASE” and “CONTINUE”. SNAP recipients must be provided adequate notice of any increases in benefits, or of any changes in the amount of one of the items used in the calculation of his/her SNAP benefits although there is no change in the amount of SNAP benefits. c. Situations in which an adequate only notice would be used include when a reduction, suspension, or termination occurs as a result of information reported on a periodic report. A household that fails to recertify and is to be disqualified due to a voluntary quit shall also be notified by an adequate-only notice. Example: The District can use adequate-only notices for situations that involve noticing the SNAP household for denials, benefit increases or when SNAP benefits remain unchanged due to changes submitted for review. d. The DISCONTINUE box may be used at local district option in situations where no notice is required under federal requirements. These situations are specified in this section of the SNAPSB. 4. LDSS-4753: SNAP - Request for Contact/Missed Interview a. This notice is used to notify the household of information/verification needed to determine eligibility. Typically, it is used by a district to verify a change in household circumstance. Example: The LDSS-4753 can be used in situations where the District receives an RFI notification related to new employment for a household member. The RFC gives the district a way to contact the household to request the wage information. b. It is also used to notify the household of a missed interview appointment for application or recertification. Reference: 01-ADM-08 Changes in Food Stamp Application and Recertification Procedures 03-INF-10 Application Processing, Six-Month Reporting, Transitional Benefits and Standard Utility Allowances GIS 08 TA/DC018 Food Stamp Notice of Missed Interview (NOMI) Issuance 10-INF-16 Revised LDSS-3152: “Action Taken on Your FS Benefit Case” A. ABEL Budget Narratives Department regulations 358-2.2(n) and 358-3.3(b) states that, a timely and adequate notice as well as a SNAP budget, or the basis for the computation, must be sent when a district proposes to discontinue or reduce a recipient household's SNAP benefits based on a budget calculation. An adequate notice and a SNAP budget must be sent when a district accepts or denies a SNAP application or increases a recipient household's SNAP benefits based on a budget calculation. An adequate notice and a SNAP budget is also required when a change occurs in any factor in the calculation of a household's benefit even though there is no resulting change in the amount of the household's SNAP benefit. NOTE: When CNS is used, the budget information/explanation is automatically included as part of the notice. When a manual notice is sent, the SNAP budget to be sent in a majority of the cases will be the Automated Budgeting and Eligibility Logic (ABEL) budget. To promote applicant/recipient understanding of these budgets, the local district must also send an appropriate SNAP Budget Narrative. The following narratives will be used as explanations with a manual notice: 1. LDSS-3959 SNAP Excess Net Income Narrative - To be used when there is a denial, suspension or discontinuance of SNAP benefits due to excess net income. 2. LDSS-3960 SNAP Excess Gross Income Narrative - To be used when there is a denial, suspension or discontinuance of SNAP benefits due to excess gross income. 3. LDSS-3961 SNAP Budget Narrative - To be used when there is a reduction or increase in SNAP benefits, as well as when there is a change in the amount of a factor used in the calculation of a household's benefit even though there is no resulting change in the amount of the household's SNAP benefit. References: 387.20 Notification of Local Department Decisions http://otda.ny.gov/policy/directives/2005/INF/05-INF-13.pdf