604-5           NOTICE REQUIREMENTS DURING THE CERTIFICATION PERIOD

Notices are sent to households to inform them of an action taken on their case and changes to their benefit.  We also send notices when we need the household to take an action, such as providing information or verification, or doing something to continue their eligibility for assistance.  Notices must be written so they are easy to understand.  Each notice must include a description of the proposed action and the reason for the proposed action.

Additional information that must be included in all notices is contained on the back of each notice sent through EISEligibility Information System .  This information includes:

• The household's right to request a fair hearing;
• The telephone number of the Division of Public Assistance office (toll-free number or a number where collect calls will be accepted for households outside the local calling area) and, if possible, the name of the person to contact for additional information;
• The availability of continued benefits;
• The liability of the household for any over issuances received while awaiting a fair hearing if the hearing official's decision is adverse to the household; and,
• The availability of free legal representation.

604-5 A.      ADEQUATE NOTICE

Adequate notice is sent to households to inform them of a change in their eligibility or benefit amount during the certification period when adverse action notice is not required.  Adequate notice may be received at the same time reduced benefits are received, or, if the case were closed, at the same time benefits would have been received.  Households are allowed ten days from the mailing date of the adequate notice to request a fair hearing and be entitled to continued benefits.

604-5 B.      ADVERSE ACTION NOTICE

An adverse action notice informs the household at least ten days prior to the effective date of an action to decrease the allotment during the certification period or close the case prior to the end of the certification period.  Adverse action notice must be sent for all adverse actions except for those listed at MS 604-4C.

The notice of adverse action shall be considered timely if it is mailed at least 10 days prior to the date the action becomes effective.  The 10 day count begins the day after the notice is mailed.

Example:

Julie reported a new job on Friday, August 12.  On Wednesday, August 17, the ETEligibility Technician contacted the employer to verify Julie's pay and took action to reduce her benefits for the following month.  The notice was printed overnight and brought to the post office on Thursday, August 18.  The 10 day count begins Friday, August 19.  Because the 10th day falls on Sunday, August 28, the adverse action notice is considered timely.

604-5 C.     ADVERSE ACTIONS REQUIRING ONLY ADEQUATE NOTICE

Timely notice of adverse action is not required when closing a case or reducing benefits for the situations described below.  If the caseworker takes the action before the next month’s benefit is issued (i.e., before the run date), the case is closed the end of the month; the reduced benefit is effective the next month.  If the benefit is already issued and listed on the EISEligibility Information System Food Stamp Issuance History (FSIHFood Stamp Issuance History) screen when the caseworker takes the action, the case is closed at the end of the following month; the reduced benefit is effective the following month.
 

Note:

When the benefit is listed on the EISEligibility Information System Food Stamp Benefit History (FSBHFood Stamp Benefit History) screen but not on the Food Stamp Issuance History (FSIHFood Stamp Issuance History), the benefit is authorized but not yet issued.  In these cases, the case can be closed the end of the month; the reduced benefit can be effective the next month.  

1. Death of All Household Members:  Adequate notice is sent to the Estate of the deceased when all household members have died.
2. Intentional Program Violation Disqualification:  Adequate notice is given when a household's benefits are reduced during the certification period or the case is closed because a member has been disqualified because of an intentional program violation.  Adequate notice is sent to notify the remaining members of their eligibility and benefit level and inform the member of the disqualification.  The household may request a fair hearing to contest the allotment reduction or case closure.
3. Expedited Service Verification Waived: Adequate notice is given when the case is closed after the household fails to provide the verification that was waived during expedited service processing.  Adequate notice is also given when verification is provided and the household is found to be ineligible or eligible for a decreased benefit.
4. Voluntary Termination:  When the household requests, in writing or verbally to a DPA employee, that its case be closed, adequate notice is sent confirming this request.  The household has a right to request a fair hearing on this closure action.
5. Leaving the State:  When the caseworker determines, based on reliable information, that the entire household will not be residing in Alaska and will be unable to obtain its next allotment, adequate notice is sent.  The caseworker will inform the household of the case closure and send a notice no later than the next scheduled issuance date.  Do not delay the closure action in order to provide ten-day advance notice.

Exception:

The residency requirement is waived for categorically eligible households and the case remains open even though they are out-of-state.  See MS 602-1B and MS 605-6.

Note:

EIS will not issue a benefit on a case with an out-of state address.  If it is determined that the household is eligible for the benefit even though they are not in Alaska, the caseworker enters the last known Alaska address in the FSFood Stamp BEN ADDRESS field on the EISEligibility Information System Address (ADD2) screen.  The out-of-state address is entered in the MAILING ADDRESS field on the EISEligibility Information System Address (ADDR) screen so the notices can be received by the household.  The client’s last known Alaska address in the RESIDENCE field remains unchanged.

6. Returned Mail: When the caseworker receives returned mail that indicates the household is out-of-state, the case is closed and adequate notice is sent to the out-of-state address, if known, or the Alaska mailing address on file.  See MS 604-3.

Exception:

The residency requirement is waived for categorically eligible households and the case remains open even though returned mail indicates they are out-of-state.  See MS 602-1B and MS 605-6.

7. Incarceration:  When the caseworker determines a recipient is incarcerated and will not be eligible for the next month's benefit, they must close the case. The caseworker will inform the household of case closure no later than the next scheduled issuance date. The agency shall not delay closing the case in order to give notice of adverse action. Adequate notice only applies when the entire household is incarcerated.
    

Note: 

An individual living outside a correctional facility, serving a period of temporary commitment by electronic monitoring, is not considered incarcerated in a penal institution. 

604-5 D.      ADVERSE ACTIONS REQUIRING NO NOTICE

1. Mass Change:  A mass change initiated by the Division of Public Assistance requires no individual notice action by the caseworker, including mass changes that result in an increase in benefits.  See MS 604-5.

Note: 

Although notice to the household is not required when acting on mass changes, adverse action policy, outlined in SNAP MS 604-4A, must be followed before adversely affecting SNAPSupplemental Nutrition Assistance Program benefits. 

2. Completion of Restoration of Lost Benefits:  The household has been receiving an increased allotment to restore lost benefits.  The restoration is complete, and the household was previously notified in writing of when the increased allotment would end.

3. Allotment Reduction for Payment of Overpayment Claim Balance:  The household defaults on an agreement to make payments on a client-caused or intentional program violation overpayment.  The Claims Unit will initiate allotment reduction without notice.