Current through Register 1536, December 6, 2024
Section 1.410 - Continuation of Benefits Pending Appeal(1) If a refugee requests a hearing within the ten-day timely notice period (postmarked or delivered to ORI or the refugee's Case Management Provider), Refugee Cash Assistance shall not be reduced or terminated until a decision is made after a hearing, unless: (a) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the computation of the grant is not an issue;(b) A change affecting the participant's grant occurs while the fair hearing decision is pending and the participant fails to request a hearing after notice of the change;(c) The participant requests that he or she not receive continued assistance pending appeal; or(d) The reason for termination is the expiration of time eligibility unless there is a factual dispute about the dates of eligibility. Note: If there is a dispute regarding date of entry, it shall be resolved by information from the U.S. Citizenship and Immigration Services, rather than fair hearing as specified in 121 CMR 2.655: End of Time-eligibility Period.(2) Refugee Cash Assistance paid while an appeal is pending is subject to recovery if the decision to reduce or terminate is upheld.Amended by Mass Register Issue 1328, eff. 12/16/2016.