351.22 Action to be taken upon failure to appear at face-to-face interviews, or upon
determination of ineligibility or of change in degree of need.
(a) In all programs of public assistance, there shall be face-to-face
recertification interviews, and contacts as needed in excess of the minimum required by
department regulations shall be made in cases where there is indication of change in need
or resources.
(b) Failure to appear at the face-to-face interviews. If a recipient
fails to appear without good cause, the social services official shall send a 10-day
notice of proposed discontinuance of assistance on a form required by the department.
(1) If the recipient does not respond within
this 10-day period, the case shall be closed as of the end of the 10-day period. Any
request for assistance made after a case is closed shall be considered a new application.
(2) If the recipient appears for a face to-face
interview during the 10-day notice period, an interview shall be arranged. If it is
determined that he is eligible for continued assistance, the 10- day notice of proposed
discontinuance shall be nullified.
(c) Eligibility mailout process.
(1) Social services districts which use
eligibility mailout questionnaires must develop plans outlining the eligibility mailout
process which is to be used, consistent with the provisions of paragraph (2) of this
subdivision. Such plans must be submitted to and approved by this department before a
social services district's mailout process can be implemented. Concurrently with the
submission of the plan, or anytime thereafter, a social services district may request, and
the department may approve, a waiver of the provisions set forth in subparagraphs (i) and
(ii) of paragraph (2) of this subdivision. The department may rescind the approval of any
eligibility mailout plan or suspend such process when circumstances make such action
appropriate.
(2) (i) If a recipient fails to respond to an
eligibility mailout questionnaire within the time period described in the questionnaire,
the social services official must send another eligibility mailout questionnaire with a
10-day notice of proposed discontinuance of assistance on the State prescribed form.
(ii) If the recipient
does not respond to the eligibility mailout questionnaire within the 10-day period, the
case must be closed at the end of the 10-day period. Any request for assistance made after
a case is closed must be considered a new application.
(iii) If the recipient
responds to the eligibility mailout questionnaire during the 10-day notice period, the
10-day notice of proposed discontinuance must be nullified.
(d) Failure to cooperate with a quality control review. When a head of
household refuses without good cause to cooperate in a quality control review conducted in
accordance with Part 326 of this Title, the entire household in ineligible for public
assistance until the head of household cooperates with the review. Good cause includes
circumstances beyond the head of household's control, such as, but not limited to, illness
of the head of household, illness of another household member requiring the presence of
the head of the household, or a household emergency.
(e) When a social services district receives indication of
ineligibility or of change in degree of need, action shall be taken to review these
situations as they occur. An investigation shall be initiated promptly and completed
within 30 days.
(f) When a social services district verifies ineligibility or a change
which results in a decrease in need, it shall immediately initiate action to reduce the
grant for the appropriate payment month and to notify the recipient of the proposed change
in his assistance grant in accordance with department regulations. When the verified data
indicates an increase in need, action shall be taken immediately to increase the grant for
the next payment period possible under the existing payment procedure. An appropriate
entry shall be made in the case record of any such change in grant, and the basis for it.
Such reduction or increase in grant involves a reauthorization for a continuing grant in a
different amount, while a discontinued grant may involve the following action:
(1) Case closed. This is a final terminal
action, signifying that the case is no longer eligible for financial assistance in that
public assistance program. Such action is also taken when the case is transferred or
reclassified to another category of public assistance.
(2) The case must be closed when the recipient
fails to pick up public assistance benefits from an electronic payment file transfer
outlet for two consecutive months.