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Vermont Department for Children and Families Reach Up Eligibility Rules Economic Services Division 2200 91
1. A household may request that the adverse action be implemented pending the outcome of the fair hearing.
c. If the effective date of the decision is on a weekend or a holiday, a household has until the end of the first working day immediately following the effective date of the decision to appeal the decision and receive continuing benefits.
d. If benefits continue at the same level and the Human Services Board decision is favorable to the Department, then any overpayment received by a household pending the fair hearing will be subject to recoupment (rule 2219).
e. If a household requests that benefits not be continued at the present level, and the Human Services Board decision is favorable to the household, the Department must retroactively pay any underpayments to the household.
f. If a household withdraws from the fair hearing process prior to the fair hearing, the Department will seek recoupment of any overpayment received by the household because of the fair hearing request. g. Benefits do not continue without change in the following circumstances:
1. The sole issue is one of state or federal law or policy, or change in state or federal law; 2. The household requests not to receive continued benefits pending the fair hearing; 3. An unrelated change affecting the benefits occurs while the fair hearing decision is pending, the change is processed, and the household does not request a fair hearing after notice of that change; or 4. The request for a fair hearing is made within the 90-day appeal period but not within the period that allows benefits to continue pending appeal. h. See rule 2262.4 related to continuation of benefits during a pending fair hearing related to protective payments.
2262.4 Appeal of Protective Payment Decision (08/01/2024, 23-28)
a. If a protective payment plan is used, the parent/caretaker may appeal to the Human Services Board for a fair hearing concerning the following protective payment decisions: 1. Determination that protective payment should be made or continued; or 2. The selection of the protective payee.
b. Protective payments shall continue pending the decision of the Human Service Board on the appeal request, even if a request for a fair hearing is made before the decision goes into effect, in the following cases: