Department of Human Services: Chapter 1: Section 1.4
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Department of Human Services

 
 
 

PART II:  BASIC RIGHTS AND RESPONSIBILITIES
 
CHAPTER 1: RIGHTS OF APPLICANTS AND RECIPIENTS

SPECIFIC PROGRAM RIGHTS OF RECIPIENTS  1.4 

 
ALL  Each recipient has the following rights:
  • to timely and adequate notice by the Department when it intends to:
    • discontinue,
    • terminate,
    • suspend,
    • reduce benefits, or 
    • change the manner or form of benefits.

  • to receive notice of a change in or termination of benefits including:
    • The specific reasons and legal authority for the intended action or decision, 
    • The conditions under which benefits and assistance are continued,
    • His or her right to a fair hearing on the proposed action,
    • The method for obtaining a fair hearing, and 
    • The right to representation.

  • to be afforded a reasonable opportunity to resolve the discrepancy before a determination of eligibility can be made when unverified information from a source other than the household contradicts statements made by the household.

  • to timely notice during which assistance shall not be suspended, reduced, or terminated, or the manner of payment changed until:
    • The advance notice period has expired and the applicant/recipient has not requested a hearing, or 
    • A hearing decision is reached.

  • to request, verbally or in writing, a fair hearing within 90 days following the effective date of a notice of  adverse action. If the request for a fair hearing is made before the effective date of the adverse action, the benefit will continue to be provided (unless the customer requests not to have benefits paid pending appeal).  TANF and FS benefits paid pending a hearing decision will be considered overpayments if the Department's proposed action is upheld.
MA
MA recipients must be notified of and afforded the right to free legal counsel.
TANF
 
 
 
See MA.  In addition, each adult recipient has the right to exercise personal decisions regarding the use of the TANF cash grant except in cases in which a protective payee or involuntary rental vendor payment has been established (see Chapter 11:  Restricting TANF Payments in Part VIII). 
 
GC See MA.
FS
See MA
Each recipient who has received an EBT card has the right to receive a replacement card within two days of notifying the Department of the loss.  The recipient also has the right to replacement benefits remaining in the EBT account at the time the card was reported lost or stolen.  The Department, and not the beneficiary, is liable for benefits drawn on an EBT account following the notification of a lost or stolen EBT card.  The Department may collect a fee for issuing a replacement EBT card.