16 Del. Admin. Code § 5000-5302

Current through Register Vol. 28, No. 7, January 1, 2025

Section 5000-5302 - Making Exceptions to Timely Notice Rules

42 CFR 431.213

This policy applies to every applicant and recipient under any public assistance program administered by the Division of Social Services (DSS) or the Division of Medicaid and Medical Assistance (DMMA).

The agency may dispense with timely notice but will send adequate notice not later than the date of action when:

A. The agency has factual information confirming the death of the recipient or of the TANF payee when there is no relative available to serve as the new payee.

B. The recipient provides a clear written statement that assistance is no longer desired.

C. The recipient provides information which requires termination or reduction of assistance and the recipient has indicated in writing that (s)he understands that the action is a consequence of supplying the information.

D. The recipient has been admitted or committed to an institution where he is ineligible for services (See § 3010.9).

E. The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization.

F. The appellant's whereabouts are unknown and agency mail directed to him/her has been returned by the post office indicating no known forwarding address. If his/her whereabouts become known during the payment period, the client's check will be made available.

G. The recipient's case has been accepted for assistance in another state or territory or for another category of assistance including SSI, and, that fact has been established by the Department.

H. A child is no longer in the home, including when a child is removed from a home as a result of a judicial determination or voluntarily placed in foster care by his or her legal guardian.

I. A change in the level of medical care is prescribed by the recipient's physician.

J. In the Emergency Assistance Program, a special allowance has been granted for a specific period of time and the allowance has terminated or expired. This applies if the individual was notified in writing at the time of initiation that the allowance will automatically terminate at the end of the specified period.

K. When changes in either state or federal laws (e.g., Social Security increases) require automatic adjustments for classes of recipients.

These mass change notices will be timely and adequate. An adequate notice must include a statement of the:

1. Intended action

2. Reasons for such intended action

3. Specific change in law

4. Circumstances under which a hearing may be obtained and assistance continued

The notices will also include:

1. The specific change in the individual's benefits

2. A name and telephone number of a person to call for additional information

3. The liability a food stamp household will incur for any overissued food benefits if a fair hearing decision is adverse to the household

10 DE Reg. 1703 (05/01/07)

16 Del. Admin. Code § 5000-5302

15 DE Reg. 86 (07/01/11) (Final)