FOOD STAMP MANUAL REVISION #12

  SECTION 1140.010.15 page 1140-9

Notice of Adverse Action Required

Use a Notice of Adverse Action (IM-80) when the effect of a reported change, ineligibility or decreased benefit amount, is known.

If a household reports a change in writing or it is learned from another source without sufficient verification:

• Request the required information giving the household ten days to provide it. 
• If the information is provided and results in a decreased allotment or ineligibility, send a Notice of Adverse Action (IM-80).

If a change is discovered or reported resulting in ineligibility or decreased benefits at a mid-certification review and verification is required:

• Request or obtain verification.
• Send a Notice of Adverse Action.

Notice of Expiration Required

If a household reports a change or it is learned from another source and sufficient information is not provided to determine the impact of the change on the household, use of a Notice of Adverse Action is not appropriate.  If verification is required which the household is able to provide:

• Request the information giving the household ten days to provide it.
• If, after ten days, the household fails to provide the information, send a Notice of Expiration (IM-32A).

• Wait until expiration of the IM Notice of Adverse Action, or until the household requests a hearing, whichever occurs first.
• If a hearing is requested, and the IM cash benefits continue pending the hearing, continue food stamp benefits at the same basis of issuance.
• If the household does not request a hearing, send the household a Notice of Expiration (IM-32A) due to the fact that the changes in circumstances may affect food stamp eligibility and benefits level.

• Send the household a letter requesting they contact the caseworker within ten days.
• If the household does not respond, send a Notice of Expiration (IM-32A).

Shorten the certification period to the month following the month the IM-32A is sent.  Advise the household it must reapply if it wishes to continue to participate in the Food Stamp Program.  The system will not allow the last ATP date to be changed during the 14th month through the 23rd month of a certification period.  There is an edit preventing the assignment of a certification period of 14 through 23 months.  To shorten the certification during the 14th through the 23rd month of the certification period, send the household an IM-32A.  Ensure that the benefits for the last month of the certification are available then, close the case.

Example:  Lula Day is due for a mid-certification review.  Caseworker Quick was unable to contact Ms. Day.  Ms. Quick sent Ms. Day a letter asking that she contact her within ten days.  Ms. Day did not respond to Ms. Quick's letter.  Ms. Quick then sent Ms. Day an IM-32A on April 22, advising her that her certification period will expire May 31, 1999.  Ms. Day's May benefits will be available May 13.  Ms. Quick must wait until May 13 to close Ms. Day's case.

If the participant contacts the worker and completes the review after an IM-32A has been sent, do not shorten the certification.

To shorten the certification period of households certified less than 12 months, update the last ATP date through FSU5.  Refer to IMNL Sections 1140.005.15, 1140.005.30, and 1140.010.15.

No Notice of Adverse Action Required

• When the household reports a change or it is learned from another source that does not result in a change, decrease or ineligibility for food stamp benefits.
• When an active household reports a change, in writing, with sufficient verification to determine the impact on eligibility or benefit level.
• When a report is received, based on reliable information, that all members of a household have died.
• When notification is received from a reliable source, that the entire household has moved from the state or will be moving from the state, and will be unable to obtain its next issuance of food stamp benefits. 
• When a 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 increased allotment would be reduced.
• When a 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 notified at the time of certification.
• When the household applied for IM cash benefits (Temporary Assistance, General Relief, etc.) and food stamp benefits at the same time, was approved for food stamp benefits only, and was notified upon approval that the food stamp benefits would be reduced upon approval of the IM cash benefits.
• When household's benefits have been reduced or terminated because a member was disqualified for fraud.
• When the household is approved for expedited benefits with postponed verification, and later provides the verification which changes the household's eligibility or level of benefits.
• When the household is being converted from cash repayment of a fraud claim to benefit reduction as a result of failure to make cash repayment.
• When the household voluntarily requests, in writing or in the presence of a worker, that its participation be terminated.  If the household does not provide a written request, send the household a letter (IM-149) confirming the voluntary withdrawal. 

Attached is a flow chart to assist staff in determining when a Notice of Adverse Action is required, when a Notice of Expiration should be sent, and when a Benefit Adjustment Notice is appropriate.

• Review this memorandum with staff.

 
• File the revised page in IMNL.

When a change is discovered or reported at a mid-certification review, within ten days:

1. request or obtain verification, if required; and

2. notify the household if benefits remain the same or increase or inform the claimant of 10 days to request a hearing, if the review results in an adverse action.