16 Del. Admin. Code § 9000-9006

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

Section 9000-9006 - Notice Provisions

[273.13(a)]

Before taking any action to reduce or to terminate a household's food stamp benefits within the certification period, the household must be sent advance notice which is both "timely" and "adequate".

9006.1 Timely Notice

The notice must be mailed to the household at least ten (10) days prior to the date on which the action becomes effective.

The ten-day timely notice period is also used to determine whether benefits are to continue if a request for a hearing is filed during the timely notice period. Therefore, if the ten-day timely notice period ends on a week- end or holiday, the ten-day period for filing a request will be extended to the next full work day.

9006.2 Adequate Notice

The notice is considered adequate when:

1) It is in writing;

2) It is a clear expression of the proposed action;

3) It explains the proposed action and the reasons for it;

4) It explains that the household has a right to request a fair hearing;

5) It gives a telephone number and the name of a person to contact for further information;

6) It notifies the household of the circumstances under which the benefits may continue;

7) It notifies the household of its liability for any overissuance received while awaiting a fair hearing if the final hearing decision is adverse to the household;

8) It notifies the household of the availability of free legal services.

9006.3 Exemptions From Notice

[273.13(b)]

Do not provide individual notices of adverse action when:

1) The State initiates a mass change (see DSSM 9086);

2) The Division determines, based on reliable information, that all members of a household

have died or that the household has moved from the project area;

3) The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the allotment would terminate;

4) The household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification and the household was so notified at the time of certification;

5) The household jointly applied for TANF/ GA/RCA and food stamp benefits and has been receiving food stamp benefits pending the approval of the TANF/GA/RCA grant and was notified at the time of certification that food stamp benefits would be reduced upon approval of the TANF\GA grant;

6) A household member is disqualified for intentional Program violation in accordance with DSSM 2023, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member. The notice requirements for individuals or households affected by intentional Program violation disqualifications are explained in DSSM 2023.

7) DSS has assigned a longer certification period to a household certified on an expedited basis and for whom verification was postponed, provided the household has received written notice that the receipt of benefits beyond the month of application is contingent on its providing the postponed verification and that DSS may act on the verified information without further notice as provided in DSSM 9041.

8) DSS must change the household's benefits back to the original benefit level as required in DSSM 9085.

9) DSS is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from DHSS or has its status as an authorized representative suspended due to FNS disqualifying it as a retailer. Residents of group living arrangements applying on their own behalf are still eligible to participate.

10) Converting a household from cash repayment to benefit reduction as a result of failure to make agreed upon repayment as discussed in DSSM 7004.3.

11) The household voluntarily requests in writing or in the presence of a case worker, that its participation be terminated. If the household does not provide a written request, send the household a letter confirming the voluntary withdrawal. Written information does not entail the same rights as a notice of adverse action except that the household may request a fair hearing.

12) DSS determines, based on reliable information, that the household will not be residing in the project area and, therefore, will be unable to obtain its next allotment. Inform the household of its termination no later than its next scheduled issuance date. Do not delay terminating the household's participation in order to provide advance notice.

If the following conditions are met, dispense with the timely notice requirement in DSSM 9006.2 . However, the household must be notified that its benefits will be reduced or terminated no later than the date the household receives, or would have received its allotment:

a) The household reports the information which results in the reduction or termination.

b) The reported information is in writing. Information reported on a TANF monthly report form will satisfy this requirement.

c) Based solely upon the household's written information, DSS can determine the household's allotment or ineligibility.

d) The household retains its right to a fair hearing.

e) The household retains its right to continued benefits by requesting a fair hearing within the time period provided by the notice of adverse action.

f) The Division continues the household's previous benefit level, if required, within five working days of the household's request for a fair hearing.

16 Del. Admin. Code § 9000-9006

11 DE Reg. 795 (12/01/07)