Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-2-2-.14 - Advance Notice(1) Program rules provide that a person receiving assistance must be given or mailed written notification ten days in advance of action to terminate his grant or reduce the amount of his assistance.(2) Conformity to ten-day notice is waived in the following situations, but written notification must be given or mailed to the individual prior to the effective date of the action. (a) The County Department has factual information confirming the death of the recipient or of the FA payee when there is no relative available to serve as the new payee.(b) 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.(c) When a recipient is moved from one budget group to another, a clear written statement from the original grantee covering all details as in "(b)" above must be secured.(d) The recipient has been admitted or committed to a public institution.(e) The recipient's whereabouts are unknown and agency mail directed to him has been returned by the post office indicating no known forwarding address.(f) 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.(g) A FA child has been removed from the home as a result of a judicial determination or voluntarily placed in foster care by the person legally responsible for his care.(h) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization.(i) A special allowance granted for a specific period is terminated and the recipient has been informed in writing at the time of award that the allowance shall automatically terminate at the end of the specified period.(3) The amount of assistance received cannot be changed or terminated when a person requests a hearing within the advance notification period. The assistance is subject to recovery by the Department if the Department's action is sustained.Ala. Admin. Code r. 660-2-2-.14
Effective June 28, 1983. Amended: Filed August 6, 2007; effective September 10, 2007.Author: Jeri Farrior
Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 205.10; State Plan for Title IV-A; Code of Ala. 1975, Title 38; Cole vs. Burns, Civ. No. 77-G-1191-S (N.D. Alabama November 23, 1977).