Section 1240-01-19-.04 - CHANGES DURING THE CERTIFICATION PERIOD - FOOD STAMPS OR BETWEEN REVIEWS - AFDCWhen changes occur during the certification period which affect a household/assistance unit's eligibility or level of benefits, the following actions are taken to adjust the benefits. Household/assistance unit, and county office responsibilities are as follows:
(1) Household/Assistance Unit Responsibilities. Certified household/assistance units which are not monthly reporting must report the following within 10 days of the date the change becomes known to the household/assistance unit: (a) Food Stamp Households - Changes in sources of income or in the amount of gross monthly income of more than $25.00 of all household members, except changes in an AFDC grant;(b) AFDC Assistance Units - All changes in the source of income or in the amount of income;(c) Changes in residence and the resulting changes in shelter costs and, for AFDC purposes, other concurrent changes in circumstances;(d) The acquisition of a licensed vehicle not fully excludable under 1240-1-4-.10;(e) Food Stamps Only - When cash on hand, stocks, bonds, and money in the bank account or savings institution reach or exceed a total of $1,500.00;(f) AFDC Only - When cash on hand, stocks, bonds and money in the bank account or savings institution reach or exceed the allowable personal property reserve. See rule 1240-1-4-.07;(g) Food Stamps Only - When household's monthly medical expenses change by more than $25;(h) Food Stamps Only - Work Registration - change in work registration status of any household member.(2) Food Stamps Only. An applying household must report all changes related to its Food Stamp eligibility and benefits at the certification interview. Changes as provided in (1) above which occur after the interview but before the date of the Notice of Disposition must be reported by the household within 10 days of the date of the notice.(3) How Changes Are Reported - Food Stamps/AFDC. The change may be reported by telephone, in person, or by mail using Form HS-0746 (Change Report Form). The 10 day period shall begin with the date the changes become known to the household/aid group. The change will be considered as reported by the household on the date the report of change is received by the county or, if mailed, the date the envelope is postmarked.(4) Failure To Report. If the county office discovers that the household failed to report a change, as required by rule 1240-1-19-.04, and as a result received benefits to which it was not entitled, the county office shall complete Form HS-0287 (Claim Determination and Restoration of Lost Benefits). If the discovery is made within the certification period, the household is entitled to Form HS-0751 (Notice of Disposition) if the household's benefits are reduced. Failure to report a change shall not automatically be construed to be suspected fraud. Individuals shall not be disqualified for failure to report a change, unless the individual is disqualified in accordance with the fraud disqualification procedure. If a household should lose benefits because of a failure to make a timely report, as required by rule 1240-1-19-.04(2), the household is not entitled to restoration of lost benefits.(5) County Office Responsibilities - Food Stamps/AFDC. The county office shall not impose any reporting requirements on households except as noted above. Neither shall the county office treat the submission of the changes as a waiver of the household's right to a Notice of Adverse Action, unless an AFDC recipient has indicated in writing the he/she understands the report will reduce or terminate assistance (AFDC Only).(6) Providing The Change Form - Food Stamps/AFDC. A change report (Form HS-0746) and a "postage paid" envelope shall be provided to newly certified households at the time of certification and at recertification, if the household needs a new form. A new form shall be sent to the household whenever a Change Report Form is returned by the household. A Change Report may be provided to households more often if necessary. Although households should be encouraged to complete and return the change form when a change is being reported, changes reported over the telephone or in person by the household shall be acted on in the same manner as those reported on the Change Report Form and mailed or otherwise delivered to the worker.(7) Food Stamps Only. A household cannot receive an increase in Food Stamp benefits due to a decrease in income resulting from intentional noncompliance with any requirements of a federal, state, or local welfare program which is means-tested and distributes public funded benefits.(8) Changes Which Increase Benefits And Require Issuance Of A Supplementary Allotment - Food Stamps Only. For changes which result in an increase in a household's benefits due to the addition of a new household member who is not a member of another certified household, or due to a decrease of $50 or more in the household's gross monthly income, the worker shall make the change effective not later than the first allotment issued 10 days after the date the change was reported. However, in no event shall these changes take effect any later than the month following the month in which the change is reported. Therefore, if the change is reported after the 26th of the month and it is too late for the worker to adjust the following month's allotment, the worker shall issue a supplementary ATP or otherwise provide an opportunity for the household to obtain the increase in benefits by the 10th day of the following month, or the household's normal issuance cycle in that month, whichever is later.(9) Changes Which Increase Benefits And Do Not Require Issuance Of A Supplementary Allotment - Food Stamps Only. For changes which result in an increase in a household's benefits and do not require the issuance of a supplementary ATP, the worker shall make the changes effective no later than the first allotment issued 10 days after the date the change was reported to the county office.(10) Changes Which Reduce Benefits - Food Stamps Only. If the household reports a change, or the worker becomes aware of a change in the household's circumstances, which could ultimately result in the decrease or termination of that household's Food Stamp benefits, the worker must first verify the change that has been reported or otherwise made known to the worker before any decrease or termination of benefits can be enforced, unless it is evident or apparent to the worker that the change will result in a definite reduction or termination of the household's benefits (for example, a household member moving out of the household), or a request for termination of benefits due to a household member going to work. The HH should be given 10 days to provide the verification and should be advised that failure to respond to this request could result in a termination of their benefits. The worker shall not, at any time, require the household to come in for an interview. If the HH fails to respond to the Request for Verification within the 10 day period, the worker will then mail the HH Form HS-0751 Notice of Disposition (Notice of Adverse Action). This will provide the household with timely and adequate notice that action is being taken to terminate benefits, in accordance with rule 1240-1-19-.07. The benefit level shall be made effective with the first allotment to be issued after the 10-day Notice of Adverse Action period has expired, provided a fair hearing and continuation of benefits has not been requested. Verification which has been requested must be obtained prior to the recertification.
(11) Procedures Relating To Grant Reductions And Termination - AFDC Only. Ten days advance notice of change is required when the grant is to be reduced or terminated except under certain circumstances. Final action to reduce or terminate or suspend a grant cannot be taken until the expiration of the advance notice period. The purpose of this is to provide the recipient time in which to present evidence which he/she believes will alter the decision or to request a fair hearing (with continuation of the grant). Ten days advance notice (on grant reductions and case closures) means 10 calendar days after the date notice to the client is mailed from the county office. However, when the 10th calendar day falls on an official holiday or on a Saturday or Sunday, the 10th day will be considered to end with close of business on the next working day following the holiday or weekend. The above policy applies for the purpose of counting the 10 days advance notice and for the purpose of time limits on filing an appeal with continuation of AFDC payments.Tenn. Comp. R. & Regs. 1240-01-19-.04
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed December 3, 1980; effective January 19, 1981. Amendment filed August 28, 1981; effective October 13, 1981. Repeal and new rule filed December 10, 1981; effective January 25, 1982. Amendment filed November 9, 1982; effective December 9, 1982. Amendment filed December 27, 1985; effective March 16, 1985. Amendment filed April 30, 1985; effective May 30, 1985.Authority: T.C.A. §§ 14-8-106 and 14-27-104; 45 CFR 205.10 and 206.10; 7 CFR 273.12, 273.9, 273.11 (as amended by 49 Federal Register 48681); PL 97-35.