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S N A P M A N U A L

225 1 8 . 3 C O N T I N U A T I O N O F B E N E F I T S (1) Timely request for a fair hearing

SNAP benefits must be continued at the level authorized immediately prior to the notice of adverse action, unless the household specifically declines the receipt of continued benefits. Continuation of benefits is considered timely requested when the following applies: • the household requests a fair hearing within the notice of adverse action period (at least 10- days, as provided in Section 16.1 Use of Notice); and • the certification period has not expired (continuation of benefits should not be granted if the case has closed as a result of an action associated with a tri/six/annual recertification or interim contact).

The Agency must explain to the household at the time the fair hearing request is made that if the hearing decision supports the change, any benefits received ineligibly pending the decision will be subject to recovery. (2) Untimely request for a fair hearing

If the household does not request a hearing during the notice of adverse action period, benefits must be reduced or terminated as provided in the notice. If the household later establishes good cause, the Agency must reinstate the benefits to the prior basis.

The Office of Administrative Hearings (OAH) will notify the Agency to reinstate benefits on fair hearing requests with good cause received by their office. (3) Reducing or terminating continued benefits

Once continued or reinstated, the Agency must not reduce or terminate benefits prior to the receipt of the official hearing decision unless:

(A) The certification period expires. The household may reapply and may be determined eligible for a new certification period with a benefit amount as determined by the Agency;

(B) A change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending and the household fails to request a hearing after the subsequent notice of adverse action;

(C) A mass change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending;

(D) The household, or its representative, failed to appear for the scheduled hearing; or