16 Del. Admin. Code § 5000-5308
Current through Register Vol. 28, No. 7, January 1, 2025
Section 5000-5308 - Reducing or Terminating Benefits42 CFR 431.230, 45 CFR 205.10(a)(6)
This policy applies any time a recipient requests a fair hearing and it is received within the timely notice period.
1. Staff Will Not Change Benefit Levels Until a Hearing Decision is Made DSS and DMMA staff will not suspend, reduce, discontinue, or terminate assistance until a decision is reached after a fair hearing, if the request is received within the timely notice period.
Benefits are subject to recovery by the agency if its action is upheld by the hearing officer.
2. Staff May Adjust Benefit Levels Under Some Circumstances DSS and DMMA staff will suspend, reduce, discontinue, or terminate assistance before a decision is reached after a fair hearing if:
A. The recipient specifically requests reduction or discontinuance,B. The certification period of a Food Supplement Program household is expired;C. A determination is made by a hearing officer at a hearing and the Food Supplement Program household is promptly informed in writing that the sole issue is one of State or federal law or regulation and that a household's claim that the State agency improperly computed the benefits or misinterpreted or misapplied such law or regulation is invalid;D. A change affecting a Food Supplement Program household's eligibility or benefit amount occurs while the hearing decision is pending and the recipient fails to request a hearing after the subsequent notice of adverse action;E. A change affecting the individual's TANF or other grant occurs while the hearing decision is pending and the individual fails to request a hearing after notice of the change;F. A mass change affecting a Food Supplement Program household's eligibility or basis of issuance occurs while the hearing decision is pending;G. A Food Supplement Program household specifically waives a continuation of benefits.16 Del. Admin. Code § 5000-5308
15 DE Reg. 86 (07/01/11) (Final)