791-3          ADEQUATE NOTICE

Every action to approve, suspend, or deny assistance, or to increase or decrease a family's benefit amount, requires adequate notice.

a. Adequate notice means:

1. The notice states the action that is being taken; and
2. The notice contains the reason(s) for the action; and
3. The notice gives the Temporary Assistance manual section or the state regulation citation which supports the action.

b. Only adequate notice is required in the following situations:

1. A family's application is approved or denied, including an initial decision finding eligibility exists for only one or two months, with a lower grant or no grant amount for succeeding months of eligibility.
2. A family's benefit amount increases or a supplemental payment is made to correct a previous underpayment.

3. Factual information confirms the death of all household members.

4. When the recipient indicates in writing after adverse action, that they no longer want assistance or requests the termination or a reduction of assistance and the recipient understands the consequences of reporting this information. This is only allowed in three specific situations:

• A TATemporary Assistance household reports in writing that they would like to close their ATAPAlaska Temporary Assistance Program case immediately and that they understand the consequences of their request. This household is now working and would only be eligible for a small ATAPAlaska Temporary Assistance Program benefit. They are requesting their ATAPAlaska Temporary Assistance Program case be closed to save months toward their 60-month lifetime limit.

• A TATemporary Assistance household reports on 11/22 that they will be moving out of state and has requested that their case be closed immediately since they will be applying for benefits in the new state on 12/1. This household provides in writing that they understand that this change will result with their benefits being closed effective 11/30 and understands they will not receive any ATAPAlaska Temporary Assistance Program from Alaska for December. The caseworker makes this change without adverse action. This household is now able to apply for TANFTemporary Assistance to Needy Families from their new state anytime in December.

• A TATemporary Assistance recipient reports on November 22nd that a household member has left their home. They request the individual be removed from their TATemporary Assistance case effective December 1st, so the leaving individual may be added to the TATemporary Assistance case of their new home or request benefits in another state. This client provides a written statement that they understand this change will result in fewer benefits for their household. The caseworker makes this change without adverse action.

5. The family's whereabouts are unknown and mail sent to the family's last known mailing address is returned by the post office with no indication of a known forwarding address, the family has not reported a new address, and reasonable attempts to locate the family by using information in the case file has failed. See Admin MS 103-4 A.

6. The only eligible child in the home is removed from the home as a result of a judicial determination or the child's legal guardian voluntarily places the child in foster care.

7. A special allowance granted for a specified period is terminated and the recipient has been informed in writing at the time of initiation that the allowance automatically terminates at the end of the specified period.

c. Adequate notice must be mailed on the "date of action." This means:

• For applications, no later than the workday following the day on which a decision of eligibility or ineligibility is made;
• For ongoing cases, no later than the first day of the affected benefit month. This is a maximum. Normally, adequate notice is sent the workday following the day the action is taken.