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.

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.  

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 an applicant or recipient.

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 2 specific situations:

• A TA 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 ATAP from Alaska for December. The case worker makes this change without adverse action.  This household is now able to apply for TANF from their new state anytime in December.  

• A TA Household consisting of 1 parent with two children reports that on November 22nd one of the children is going to live with their dad and she would like that child removed from her case so the child's father can add this child to his TA case effective December 1st. This client provides a written statement that she understands that this change will result in fewer benefits for her household. The case worker makes this change without adverse action.

5. A family member is committed or admitted to an institution in which residents are ineligible for Temporary Assistance; 

6. A family member is placed in skilled nursing care, intermediate care, or long-term hospitalization.

7. The family’s whereabouts are unknown and agency mail to the family has been returned by the post office. 

8. An assistance unit member is accepted for assistance in a new jurisdiction 

9. A child 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  

10. 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.

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.