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Page | 286 17300 ADEQUATE NOTICE IN LIEU OF ADVERSE ACTION NOTICE

DSS may notify a household that its benefits will be reduced or terminated no later than the date the household receives or would have received its allotment (for SNAP purposes, this is usually the 1st of the month) if all of the following conditions are met:

1. The household reports information which results in a reduction or termination. 2. The reported information is in writing and signed by the household. 3. Based solely on the household's written information, the Specialist can determine the household's allotment or ineligibility.

If all of the above conditions have not been met and the Specialist is taking action to reduce or terminate a household's benefits, then 10 days advance notice must be given before the effective date of the proposed action.

The automated notice, SPEC-C manual notice, or EA-349 (six month report notice of action) is used for adequate notice and should give detailed explanation of the action taken.

A household may also choose to waive 10 day or adverse action notice. This may be done in writing or verbally. If the household waives 10 day or adverse notice, the benefits specialist must document this in the narrative of the case.

17400 EXEMPTIONS FROM NOTICE

Individual notices of adverse action are not required in the following circumstances:

17410 MASS CHANGES

A notice of adverse action is not required for certain changes initiated by the state or federal government which may affect the entire caseload or significant portions of the caseload.

17411 NOTICE OF DEATH

Notice of adverse action is not required when all members of a household have died. Notification of death may reach DSS through:  Newspaper  Contact by friends or relatives of the deceased  Contact from other agencies or charitable organizations.

If a match is received from the death verification system, a notice (EA-308D) must be sent to the household allowing them an opportunity to dispute the notice of match, unless it is verified that the notice of match was incorrect. The EA-308D must be sent allowing 10 days for the household to respond. If no response within 10 days, the Benefits Specialist will remove the individual from the household, observing 10 day notice. If it is a single person household the case may be closed and no 10 day notice is required.

Example: Adjustments to the gross and net income eligibility standards; shelter deduction; dependent care deduction; the standard deduction; the Thrifty Food Plan; adjustments to Social Security, SSI, and other federal benefits; adjustments to TANF payments; and other changes in the eligibility criteria based on legislative or regulatory actions.