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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM ADMINISTRATIVE ISSUES 11/18 CHAPTER L PAGE 7

3.3. Continuation of Assistance

The local agency must be aware that an appeal was made during the required time frame prior to authorizing continued participation. This means that the local agency must have:

• received the request directly from the individual, or • written or verbal confirmation from the VDSS Department of Fair Hearings and Appeals that a timely request was received.

If a hearing request is not made within the period provided by the adverse action notice, benefits shall be reduced or terminated as provided in the notice. If the individual established that the failure to make the request within the advance notice period was for good cause, the hearing officer shall require that the local agency reinstate the benefits to the prior basis.

The agency shall inform the individual in writing that the assistance is being continued in the same amount pending the hearing decision.

3.4. Exceptions to Continuation of Assistance

In the following situations advance notice will be sent, but assistance will not be continued during the appeal process:

• the agency has factual information verifying the death of the recipient. • the agency has verified that the recipient is in an institution where AG eligibility does not exist. • the recipient no longer resides in an ALF authorized to operate or an approved AFC home or the individual has been admitted to an ALF or AFC with a lower rate. • the individual’s whereabouts is unknown and agency mail directed to the individual has been returned indicating no forwarding address. The recipient’s check must, however, be made available if the individual’s whereabouts becomes known during the payment period covered by the returned check. • when the individual requests in writing that assistance not be continued. 3.5. Preparation for the Hearing