1140.025.10.05 Exemptions to Notice of Adverse Action

IM-#75 June 20, 2002

An advance notice of adverse action is not needed in the following situations:

  • The EU’s allotment varies from month-to-month within the certification to take into account changes anticipated at the time of certification and the household was notified at the time of certification.
  • The EU applied for IM benefits and food stamp benefits at the same time, was approved for food stamp benefits pending approval of the IM grant and was notified at the time of certification that food stamp benefits would be reduced upon approval of the IM grant.
  • Postponed verification is received from a EU certified on an expedited basis that changes the benefit amount and the household was notified at the time of certification that benefits would be adjusted without prior notice.
  • Recoupment of a claim is initiated against an EU who previously received a notice of adverse action with respect to the claim.
  • Mail sent to the EU’s address is returned by the post office indicating no known forwarding address.
  • The EU voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated. If the EU does not provide a written request, send the EU a letter confirming the voluntary withdrawal.
  • An EU member is disqualified for Intentional Program Violation.
  • When recoupment of benefits is initiated.
  • Notification has been received from a reliable source that the EU is not or will not be residing in the state. Close the case effective for the following month allowing the EU to receive full months benefit in its new state of residence.