802-2        TIMELY NOTICE REQUIREMENT

In addition to being adequate, notices must be timely. This means that they must be mailed at least 10 days prior to the date upon which the action is to become effective. The 10-day count begins the day after the notice is mailed. Timely notice is required for all adverse actions, except in those situations listed in section 802-1.

802-2 A.      ADVERSE ACTION DATE

ETsEligibility Technicians receive an adverse action calendar every month to help determine dates for case processing. The calendars can also be found posted on the DPAweb under DPA Calendars.

The effective date of an adverse action is always the first day of the month following timely notice of adverse action. The adverse action date noted in the calendar is the last day an ETEligibility Technician must prepare a notice for adverse actions taking effect the first day of the following month. A notice of adverse action must be mailed at least 10 days before the effective date of the action.

Determining Adverse Action Dates:

The 10-day count begins the day after the date the adverse action notice is mailed. It is important to remember that the date the notice is authorized in the eligibility system is not the same as the date the notice is mailed. Notices are mailed the next business day after they are prepared. Most of the time, this means that notices are mailed the next day. However, if a notice is prepared on a Friday or on a day before a holiday, the notice will be mailed the following business day.

Refer to Admin MS 104-4 A for more information.

Example 1:

A recipient household is not eligible for benefits after September 30, 2011. Therefore, the effective date of closure is October 1, which falls on a Saturday. To give adverse action notice that allows at least 10 days after the notice is mailed, notice of adverse action must be mailed no later than September 20. The adverse action date noted on the calendar is September 19.

Example 2:

The ETEligibility Technician prepares a notice requesting information on Friday, April 6. The notice is printed and mailed on Monday, April 9. The 10-day deadline date is April 19. The notice was mailed before the adverse action date and is timely.

Example 3:

The ETEligibility Technician prepares a notice requesting information on Friday, May 25. Normally, the notice would be printed and mailed on Monday. However, Monday, May 28 is a holiday, so the notice is mailed on Tuesday, May 29. To allow at least ten days, the 10-day deadline is June 8.