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 three specific situations:

•  A TA 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 ATAP benefit. They are requesting their ATAP case be closed to save months toward their 60-month lifetime limit.

• 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 ATAPAlaska Temporary Assistance Program from Alaska for December. The case worker makes this change without adverse action.  This household is now able to apply for TANFTemporary Assistance to Needy Families (Federal) from their new state anytime in December.

•  A TATemporary Assistance 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 TATemporary Assistance 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 ATAPAlaska Temporary Assistance Program.

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

7. 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.

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.