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) and Sections 102.80 through 102.82).

d)         Timely Notice

1)         All notices concerning local office reduction or discontinuance of assistance shall be "timely", as defined in 42 CFR 431.211 (2013), 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 10 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 10 day period is the day following the date on the notice. Day 10 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 in 42 CFR 435.919 (2010). When timely notice is not required and an adequate notice is sent less than 10 days before the date of change, the client may receive continued benefits if the appeal is filed within 10 days after the date of notice. (See 89 Ill. Adm. Code 112.302.)

e)         A written notice may be sent or given in hard copy or sent electronically.  The Department may use electronic means to send a written notice only if the individual to whom the notice would be sent has agreed to receive written notices electronically.

(Source:  Amended at 38 Ill. Reg. 5944, effective February 26, 2014)