Page 32

32 18 NYCRR 358-2.0 Introduction. The terms in Part 358 have the meanings set forth in this Subpart. 18 NYCRR 358-2.1 Action taken notice. An action taken notice means a notice from a social services agency advising: (c) an applicant for SNAP or a recipient of SNAP at recertification of the social service agency's determination to accept or deny SNAP benefits; or (d) a recipient of SNAP benefits, of an increase in benefits. 18 NYCRR 358-2.2 Adequate notice. (e) Except as provided in subdivision (b) of this section, an adequate notice means a notice of action or an adverse action notice or an action taken notice which sets forth all of the following: 1. the action the social services agency proposes to take or is taking, and 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. Otherwise the notice shall state that there will be a separate notice for other affected assistance, benefits or services. In addition, in the case of: i. a reduction of public assistance or SNAP benefits: both the dollar amount of assistance or benefits prior to the reduction and the reduced amount must be specified; ii. an increase in the amount of a medical assistance spenddown: the amount of the spenddown, if any, prior to the increase and the spenddown amount after the increase must be specified. In addition, such notice must include an explanation of the procedures to be followed for meeting the spenddown; iii. a recoupment: the total amount to be recouped and the rate of recoupment must be specified. In addition, in the case of a recoupment of a public assistance grant, the right to claim that the rate of recoupment will cause undue hardship must be specified; iv. an acceptance of a SNAP application: a. the benefit level, including variations based on changes anticipated and at the time of certification, the date when benefits become available and the dates covering the certification/eligibility period must be specified. 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 must indicate the monthly allotment amount for the remainder of the certification period;