Effective Date - January 1, 2009

1318               Reinstatement Due to Administrative Hearing Request

Child Care – ARW, Chapt. 1, Purchase of Service

                        Prohibit reinstatement of the Child Care benefit pending the outcome of an administrative hearing.

SNAP – 7 CFR 273.15

A.    Reinstate benefits, upon request for continuation, at the current benefit amount when the recipient requests an administrative hearing:

1.    Within ten days of the date of the notice of adverse action.

B.    Notify the assistance unit of the requirement to repay excess benefits if the decision is against the assistance unit.

C.   Continue benefits for the amount of benefits paid prior to the notice of adverse action until:

1.    The hearing decision is received; or

2.    The assistance unit requests benefits be discontinued; or

3.     The assistance unit becomes ineligible due to not meeting another eligibility factor or program requirement and fails to request an administrative hearing within ten days on the subsequent adverse action; or

4.    The assistance unit becomes ineligible due to a mass change pending the hearing decision.

D.   DO NOT reinstate when a notice of adverse action was provided and the recipient did not respond on a timely basis.

E.    DO NOT continue SNAP benefits beyond the end of the certification period in effect at the time of the request.

F.    Terminate the case immediately if the findings are against the recipient; and

G.   Notify the client of the obligation to repay any benefits incorrectly paid.

POWER – W.S. 42-2-110

Prohibit reinstatement of the POWER performance payment pending the outcome of an administrative hearing.

H.    Generate a notice of action for each adverse action affecting the assistance unit while the administrative hearing decision is pending.

 I.    Process:

1.    An underpayment when the hearing decision is in favor of the assistance unit and the performance requirements have been met, or

2.    The case for the first payroll or immediate issuance when the hearing decision is in favor of the assistance unit and the performance requirements have been met; or

3.    An overpayment when the hearing decision is in favor of DFS, and the eligibility factors and/or performance requirements were not met.