Ill. Admin. Code tit. 89 § 10.270

Current through Register Vol. 48, No. 50, December 13, 2024

Section 10.270 - Notice to Client

a) Every applicant for assistance shall be sent or given a written notice of disposition of the application.

b) Every recipient for assistance shall be sent or given a written notice whenever assistance is reduced or discontinued.

c) Notices denying, reducing, or discontinuing assistance shall contain the following information:

1) A clear statement of the action being taken.

2) A clear statement of the reason for the action.

3) A reference to the statute, rule, or policy provision under the authority of which the action is taken. From March 1997 through March 1998, references to provisions of the Department's policy manuals using the numbering system in use in 1996 shall be deemed to be references to the corresponding provisions of the new numbering system introduced in 1997.

4) A complete statement of the client's right to appeal (see subsection (d) below and Sections 10.280 through 10.282 ).

d) Timely Notice

1) All notices concerning local office reduction or discontinuance of assistance shall be "timely". A "timely" notice shall be mailed or given at least ten calendar days prior to the date the reduction or discontinuance will occur, and shall inform the client that if the client files an appeal by the date the reduction or discontinuance will occur, his or her assistance will be continued at its previous level, pending the results of the appeal unless the client specifically requests that the assistance benefits not be continued. The notice shall be dated with the date it is mailed or given. (Day one of the ten-day period is the day following the date on the notice. Day ten may be no later than the date the reduction or discontinuance will occur.)

2) Notices sent concerning reduction or discontinuance of assistance by agency action initiated centrally may be either "timely" or "adequate", as defined by federal regulation. When timely notice is not required and an adequate notice is sent less than ten days before the date of change, the client may receive continued benefits if the appeal is filed within ten days after the date of notice. (See 89 Ill. Adm. Code 112.302.)

e) Temporary Assistance for Needy Families

1) Every recipient who makes a written request for a grant increase or a special authorization shall be sent or given written notice of the disposition of the request within 45 days after the date of the request.

2) Every recipient who makes a request for Crisis Assistance (89 Ill. Adm. Code 116) shall be sent or given a written notice of the disposition of the request within 45 days after the date of the request.

f) A notice will be sent that contains the name of, and contact information for, the caseworker when a case is transferred per Section 10.390

g) Approval of General Assistance as a Result of Cancellation of TANF or AABD or Reduction of TANF (Applicable Only in City of Chicago)

1) A notice of intended cancellation or reduction of benefits is sent to a TANF or AABD recipient, in the City of Chicago, whose assistance is discontinued or a person deleted from the assistance unit (AFDC only) for one of the following reasons:

A) AABD: no longer blind, disabled.

B) TANF: no longer an eligible child in the home.

2) If a recipient from one of the programs listed in subsection (g)(1) of this Section applies for General Assistance (GA) within 30 days after the notice of cancellation or reduction of benefits and if that recipient is determined to be eligible for GA, such benefits shall be authorized with no gap in assistance (see also Section 10.430 ).

h) SNAP households shall be notified:

1) If there is no change in benefits following submission of a change report form.

2) If SNAP benefits are being reduced or discontinued, the following additional information shall be included on the notice:

A) the telephone number of the local DHS office;

B) a statement indicating the household's liability for benefits received while waiting for a fair hearing decision, if the decision is adverse to the household; and

C) a statement indicating the general availability of outside individuals or organizations providing free legal representation and the telephone numbers of those individuals or organizations.

3) A notice of approval shall be sent to eligible households by the 30^th day following the date of application. If the household is found not eligible to participate, the notice of denial shall be sent by the 30^th day following the date of application.

4) If the local office cannot act on an application by the 30^th day because the case file is incomplete due to a household's delay, a notice of denial shall be sent on the 30^th day. However, the household has an additional 30 days to complete the application. If the delay is caused by the local office, a notice of pending status shall be sent to the household by the 30^th day.

Ill. Admin. Code tit. 89, § 10.270

Amended at 35 Ill. Reg. 7670, effective April 29, 2011