Section 102.70  Notice to Client

a)         Every applicant for assistance shall be sent or given a written notice of disposition of the application.

b)         Every recipient for assistance shall be sent or given a written notice whenever assistance is reduced or discontinued.

c)         Notices denying, reducing, or discontinuing assistance shall contain the following information:

1)         A clear statement of the action being taken.

2)         A clear statement of the reason for the action.

3)         A reference to the statute, rule, or policy provision under the authority of which the action is taken.  From March 1997 through March 1998, references to provisions of the Department's policy manuals using the numbering system in use in 1996 shall be deemed to be references to the corresponding provisions of the new numbering system introduced in 1997.

4)         A complete statement of the client's right to appeal (see subsection (d) below and Sections 102.80 through 102.82).

d)         Timely Notice

1)         All notices concerning local office reduction or discontinuance of assistance shall be "timely" except notices to cases in monthly reporting when the adverse action is due to information received on the monthly report or due to failure to submit a complete monthly report. A "timely" notice shall be mailed or given at least ten calendar days prior to the date the reduction or discontinuance will occur, and shall inform the client that if the client files an appeal by the date the reduction or discontinuance will occur, his or her assistance will be continued at its previous level, pending the results of the appeal unless the client specifically requests that the assistance benefits not be continued. The notice shall be dated with the date it is mailed or given.  (Day one of the ten day period is the day following the date on the notice. Day ten may be no later than the date the reduction or discontinuance will occur.)

2)         Notices sent concerning reduction or discontinuance of assistance by agency action initiated centrally and notices to cases in monthly reporting when the action is due to information received on the monthly report or due to failure to submit a complete monthly report may be either "timely" or "adequate",  as defined by federal regulation. When timely notice is not required and an adequate notice is sent less than ten days before the date of change, the client may receive continued benefits if the appeal is filed within ten days after the date of notice. (See 89 Ill. Adm. Code 112.302.)

e)         Aid to Families With Dependent Children

1)         Every recipient who makes a written request for a grant increase or a special authorization shall be sent or given written notice of the disposition of the request within 45 days after the date of the request.

2)         Every recipient who makes a request for Special Assistance (89 Ill. Adm. Code 116.500), Emergency Assistance (89 Ill. Adm. Code 116.510) or Hardship Assistance (89 Ill. Adm. Code 116.520) shall be sent or given a written notice of the disposition of the request within 45 days after the date of the request.

f)          Approval of General Assistance as a result of cancellation of AFDC or AABD or reduction of AFDC (Applicable Only in City of Chicago)

1)         A notice of intended cancellation or reduction of benefits is sent to an AFDC or AABD recipient, in the City of Chicago, whose assistance is discontinued or a person deleted from the Assistance Unit (AFDC only) for one of the following reasons:

A)        AABD:  no longer blind, disabled

B)        AFDC:

i)          no longer an eligible child in the home,

ii)         no longer incapacitated,

iii)         absent parent returned home,

iv)        no longer an unemployed parent,

v)         stepparent's liability sufficient to meet need,

vi)        stepparent failed to verify income, or

vii)        parent participating in a strike.

2)         If a recipient from one of the programs listed in subsection (f)(1) applies for General Assistance (GA) within 30 days of the notice of cancellation or reduction of benefits and if that recipient is determined to be eligible for GA such benefits shall be authorized with no gap in assistance (see also 89 Ill. Adm. Code 110.30).

g)         Food Stamp households shall be notified

1)         If there is no change in benefits following submission of a change report form.

2)         If food stamp benefits are being reduced or discontinued, the following additional information shall be included on the notice:

A)        the telephone number of the local Public Aid office;

B)        a statement indicating the household's liability for benefits received while waiting for a fair hearing decision, if the decision is adverse to the household; and

C)        a statement indicating the general availability of outside individuals or organizations providing free legal representation and the telephone number of those individuals or organizations.

3)         A notice of approval shall be sent to eligible households by the 30th day following the date of application.  If the household is found not eligible to participate, the notice of denial shall be sent by the 30th day following the date of application.

4)         If the local office cannot act on an application by the 30th day because the case file is incomplete due to a household's delay, a notice of denial shall be sent on the 30th day.  However, the household has an additional 30  days to complete the application.  If the delay is caused by the local office, a notice of pending status shall be sent to the household by the 30th day.

(Source:  Amended at 21 Ill. Reg. 11955, effective August 13, 1997)