Section 1240-01-19-.06 - CHANGES AFFECTING AFDC HOUSEHOLDSExcept for changes in AFDC grant, such households have the same reporting requirement as any other assistance group.
(1) Households shall be notified through use of Form HS-0751 (Notice of Disposition) whenever their benefits are altered as a result of changes in AFDC benefits or whenever the Food Stamp certification period is shortened to reflect changes in the household's circumstances. If the certification period is shortened, the household's certification shall not end any earlier than the month following the month in which the worker determines that the certification period should be shortened, allowing adequate time for the worker to send Form HS-0258 (Notice Concerning Your Application or Redetermination), and for the household to timely reapply as provided in this Section. If the AFDC benefits are terminated but the household is still eligible for Food Stamp benefits, members of the household shall be advised of Food Stamp work registration requirements, if applicable, as their WIN registration exemption no longer applies.(2) Whenever a change results in the reduction or termination of the household's AFDC benefit within its Food Stamp certification period, and the worker has sufficient information to determine how the change affects the household's Food Stamp eligibility and benefit level, the worker shall take the following actions: (a) If a change in household circumstances requires both a reduction or termination in the PA payment and a reduction or termination in Food Stamp benefits, the worker shall issue Form HS-0751 (Notice of Disposition) for AFDC and Food Stamps. If the household requests a fair hearing within the period provided by the Notice of Disposition, the household's Food Stamp benefits shall be continued on the basis authorized immediately prior to sending the notice. If the fair hearing is requested for both programs' benefits, the hearing shall be conducted according to procedures in § 1240-1-30. However, the household must reapply for Food Stamp benefits if the Food Stamp certification period expires before the fair hearing process is completed. If the household does not appeal, the change shall be made effective in accordance with the procedures specified in § 1240-1-19-.06(3).(b) If the household's Food Stamp benefits will be increased as a result of the reduction or termination of AFDC benefits, the worker shall issue Form HS-0751 (Notice of Disposition) but shall not take any action to increase the household's Food Stamp benefits until the household decides whether it will appeal the AFDC adverse action notice. If the household decides to appeal the AFDC action and its AFDC benefits are continued, the household's Food Stamp benefits shall continue at the previous basis. If the household does not appeal, the worker shall make the Food Stamp changes effective in accordance with the procedures specified in § 1240-1-10-.07(6) except that the time limits for the worker to act on changes which increase a household's Food Stamp benefits shall be calculated from the date the AFDC advance notice period expires.(3) Whenever a change results in the termination of a household's AFDC benefits within its Food Stamp certification period, and the worker does not have sufficient information to determine how the AFDC change affects the household's Food Stamp eligibility and benefit level (such as when an absent parent returns to a household, rendering the household categorically ineligible for AFDC, and the worker does not have any information on the income of the new household member), the worker shall not terminate the household's Food Stamp benefits but shall instead take the following action:(a) If Form HS-0751 (Notice of Disposition) has been sent, the worker shall wait until the household's AFDC notice of adverse action period expires or until the household requests a fair hearing, whichever comes first. If the household requests a fair hearing on the AFDC action and its AFDC benefits are continued pending appeal, the household's Food Stamp benefits shall be continued at the same basis.(b) If Form HS-0751 (Notice of Disposition) is not required, or the household decides not to request a fair hearing and continuation of its AFDC benefits, the worker shall send the household Form HS-0258 (Notice Concerning Your Application or Redetermination) which informs the household that its certification period will expire at the end of the month following the month the notice of expiration, Form HS-0258 (Notice Concerning Your Application or Redetermination), is sent, and that it must reapply if it wishes to continue to participate. The Notice of Expiration shall also explain to the household that its certification period is expiring because of changes in its circumstances which may affect its Food Stamp eligibility and benefit level.Tenn. Comp. R. & Regs. 1240-01-19-.06
Original rule filed August 15, 1980; effective September 29, 1980.Authority: T.C.A. §§ 14-8-106 and 14-8-111; 45 CFR 205.10.