Page 30
401.4 TANF MANUAL 10/23 Page 9
The following procedures are to be followed in preparing the Advance Notice of Proposed Action Form:
1. The date the form is mailed to the recipient and the first day of the following month are not counted in the 10 days before the day the action becomes effective.
a. When the action being taken is a reduction, the effective date is the first of the following month.
b. When action is being taken to suspend or terminate benefits, the date of non- issuance is the first day of the following month.
2. The notice must include a statement of what action the agency intends to take.
3. It must include the reasons for proposed action. If the proposed action is to suspend assistance due to the inability to verify a change in the client's circumstances (see Section 401.2.B.2.), the Advance Notice of Proposed Action must also include a statement that if necessary verification is provided, assistance will not be reinstated if such verification renders the case ineligible
4. In cases of payment reduction, the new amount of the payment must be entered.
D. IPV Notice Requirements - Refer to Sections 102.5, 102.8 and 102.13 regarding notice requirements relating to IPV guidance and ADH procedures.
E. Action Requiring Neither Adequate or Timely Notice - Neither a timely notice nor an adequate notice is necessary when:
1. The agency acts to reduce or terminate benefits which have been continued in the original amount during an appeal, and the hearing decision is adverse to the recipient.
2. A VTP case closes due to one of the following reasons:
a. the employment hours become less than 30; b. hourly pay becomes less than the state minimum wage; c. all of the eligible children leave the home; d. a VTP job follow-up cannot be completed because the VTP recipient failed or refused to provide the required employment verification; e. in a two parent household when a parent who is receiving a VTP leaves the home; and f. at the end of the 12-month VTP payment period. (Note: VaCMS will automatically close the VTP case at the end of the 12-month period.)
Exception: When a VTP case has been transferred and the new locality determines that the client is no longer eligible to receive the VTP, an adequate notice is required.
TANF Transmittal 77