1-007.02D Continuation of Benefits

475 NAC 1-007.02D

If a hearing request is made within the notice of adverse action period and the household’s certification period has not expired, participation must be continued at the same level of benefits, unless the household waives continuation of benefits. If the household does not waive its right to continuation of benefits in writing, the local office must assume the household wishes benefits to continue and must issue the benefits accordingly.

If the local office action is upheld by the hearing decision, the local office must initiate a claim against the household for all overissuances.

If a hearing request is not made within ten days from the date the notice was mailed, the local office must reduce or terminate benefits as provided in the notice. If the local office determines that the household has good cause for failure to make the request within the required time limits, the local office must reinstate the benefits at the level previous to the notice of adverse action being sent.

When benefits are reduced or terminated due to a mass change, the local office must reinstate the household’s benefits to the previous level only if the household contests the computation of the food stamp eligibility or benefit level or the application or interpretation of the federal law or regulation.

Once benefits are continued or reinstated, the local office must not reduce or terminate benefits before the hearing decision unless one of the following conditions occurs:

1. The certification period expires. The household may reapply and may be determined eligible for a new certification period with a benefit amount determined by the local office.

2. The household or its representative orally withdraws its request for a fair hearing and does not advise the agency of its desire to reinstate the fair hearing request within the required time frame.

3. The hearing official makes a preliminary determination, in writing and at the hearing, that the sole issue is one of federal law or regulation and that the household’s claim that the local office improperly computed the benefits or misinterpreted or misapplied such law or regulation is invalid.

4. A change affecting the household’s eligibility or basis of issuance occurs while the hearing decision is pending and the household fails to request a hearing after the subsequent notice of adverse action.

5. A mass change affecting the eligibility or basis of issuance occurs.

The local office must promptly notify the household in writing if benefits are reduced or terminated pending the fair hearing decision.

{9/4/2002}