S.C. Code Regs. § § 114-1090

Current through Register Vol. 48, No. 9, September 27, 2024

Section 114-1090 - Termination, Suspension or Reduction of Benefits

A. In cases where assistance is to be terminated, suspended, or reduced the agency shall give timely and adequate notice.

(1) "Timely" means that the notice is mailed at least ten days before the date of action, that is, the date upon which the action is to become effective.

(2) "Adequate" means a written notice that includes a statement of the action the agency intends to take, the reasons for the intended action, the specific regulations supporting such action, explanation of the individual's right to request a fair hearing, and the circumstances under which assistance will be continued if a hearing is requested.

B. In cases where assistance is to be terminated, suspended, or reduced because of the probable fraud of the recipient, notification of such grant adjustment shall be timely if mailed at least five days before action is to become effective.

C. The agency may dispense with timely notice but shall send adequate notice not later than the date of action when:

(1) The agency has factual information confirming the death of the recipient or AFDC payee and there is no relative available to serve as the new payee;

(2) The county department receives a clear written statement signed by a recipient that he no longer wishes assistance, or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that he understands that this must be the consequence of supplying such information;

(3) The recipient has been admitted or committed to a public institution;

(4) The recipient has been placed in skilled or intermediate nursing care or hospitalized for a full calendar month or more;

(5) The recipient's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address. The recipient's check shall, however, be made available to him if his whereabouts become known before the last day of the month covered by the returned check;

(6) The recipient has been accepted for assistance in another county or state and that fact has been established by the county department previously providing assistance;

(7) An AFDC child has been removed from the home as a result of a judicial determination or voluntarily placed in foster care by his legal guardian;

(8) A change in level of medical care is certified by the Professional Standards Review Organization; D. The agency may dispense with both timely and adequate notice for financial assistance that is granted as a special allowance for a specific period of time, provided the recipient has been informed in writing at the time of initiation of the grant that the allowance shall automatically terminate at the end of a specified time period.

S.C. Code Regs. § 114-1090