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VIRGINIA DEPARTMENT OF SOCIAL SERVICES HANDLING CHANGES
10/24 VOLUME V, PART XIV, PAGE 7
4. Changes in Public Assistance (7 CFR 273.12(f))
The provisions described in this section do not apply to households converting to Transitional Benefits when a TANF case closes. If a change for a PA case requires either a reduction or termination in public assistance benefits and reduction or termination in SNAP benefits, the BPS must issue a single Advance Notice of Proposed Action for both the public assistance and SNAP actions.
If the household requests a fair hearing within the period provided by the Advance Notice of Proposed Action, the BPS must continue the household's SNAP benefits on the basis authorized immediately before sending the notice. The household must reapply for SNAP benefits if the certification period expires before the fair hearing process is over, however. If the household does not appeal, the change goes into effect according to the procedures specified in Part XIV.A.2.
If any household's benefits will increase because of the reduction or termination of public assistance benefits, the BPS must not take any action to increase the household's SNAP benefits until the household decides whether it will appeal the public assistance adverse action. If the household decides to appeal and its PA benefits continue, the household's SNAP benefits must continue at the previous allotment amount. If the household does not appeal, the BPS must make the change effective according to the procedures in Part XIV.A.2 except the date the notification of the change is received is the day after the date the Public Assistance Advance Notice of Proposed Action expires.
If a change results in the termination of a household's PA benefits and the BPS does not have enough information to determine how the change affects the household's SNAP eligibility or benefit level, the BPS must take the following action:
a. When the BPS sends the PA Advance Notice of Proposed Action the BPS must wait until the notice period expires or until the household requests a fair hearing, whichever occurs first. If the household requests a fair hearing and the PA benefits continue pending the appeal, the household's SNAP benefits must continue at the previous benefit amount.
b. If a PA Advance Notice of Proposed Action is not required or the household decides not to request a fair hearing or continuation of PA benefits, the BPS must send the household a Request for Contact form to seek information or clarification from the household. If the household does not respond within ten days, the BPS must send an adverse action notice to close the case.
In jointly processed cases in which the SSI determination results in a denial and the BPS believes that SNAP eligibility or benefit levels may be affected, the BPS must send the Request for Contact form for the household to clarify its situation within ten days. The BPS must close the case if the household does not respond to the clarification request.
TRANSMITTAL #35