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TANF Transmittal 71

901.10 TANF MANUAL 7/21 Page 9a

901.10 NOTICE AND APPEAL OF THE TIME LIMIT* - VaCMS will generate the TANF 24-month Advance Notice of Proposed Action on the 15th day of the twenty-second month of VIEW participation and a copy will be retained in the forms history within VaCMS. (Note: If an authorized representative was given permission to receive letters regarding actions taken on the case, then the authorized representative will also be mailed the notice.) The notice will inform the VIEW participant that her payments will be terminated at the end of the 24th month. The notice will also inform the participant of her right to appeal a case closure and the circumstances which constitute a hardship exception and how a hardship application is made. In addition, the ESW must make a good faith effort to inform the person verbally.

If a case is not in approved status in the system on the first of the month of month twenty-two, the eligibility worker must send a manual Advance Notice of Proposed Action. This notice must inform the recipient that financial assistance is scheduled to terminate due to the 24-month time limit and that she and her family will be ineligible for financial assistance for at least 24 months after termination of TANF. Information regarding circumstances which constitute a hardship and how to apply for a hardship exception must also be provided.

If an applicant is reapplying for TANF, and has already received a 60-day notice, the agency must note the number of remaining VIEW months on the Notice of Action to approve the case.

In the event the notice is not issued in a timely manner, the agency must not close the case due to the 24- month time limit until the full 60-day advance notice period has expired. Exception: At the recipient’s request, the agency must allow the recipient to waive the 60-day advance notice period. The recipient must provide a signed, written statement indicating that 1) she understands that action will be taken to close her case due to the 24-month time limit; 2) she waives her right to the full 60-day advance notice period; and 3) she understands that if she wants to request a hardship exception, she must submit a signed and dated written request postmarked prior to the effective date of the TANF case closure. Any payments received after the 24th month are an overpayment and must be recovered.

If a hearing is requested prior to the effective date of the proposed change to terminate payments due to the 24-month time limit, a participant appealing such change shall have the right to continued direct payment of TANF payments pending final administrative action on such appeal.

Termination of financial assistance due to expiration of the VIEW 24-month time limit is the only circumstances which requires a 60-day advance notice. For any other action regarding notification, adhere to guidance found in Chapter 400.

* Code of Virginia, §63.2-612