7 CFR § 273.12(c) and (e)(4) & 7 CFR § 273.13(a) and (c)


Notify EDGs when benefits increase, decrease, or have no change.


Benefit Change Notice

7 CFR § 273.12(c) and (e)(4) & 7 CFR § 273.13(a) and (c)


The notice includes the following information:

  • The reason for the change (or that benefits did not change).
  • How the EDG’s benefit changed.
  • The change effective date.
  • Contact information for questions. 
  • The EDG’s right to a fair hearing.
  • The EDG’s right to continued benefits (for decreases or closures).
  • The EDG is responsible for any overissuance if continued benefits are issued and the fair hearing is reversed.


Benefit Increase / No Change in Benefits

7 CFR § 273.12(c) and (e)(4)


Notify the EDG when a reported change:

  • increased benefits, or
  • the benefits remain unchanged.


Benefit Decrease

7 CFR § 273.13(a) and (c)


Notify the EDGE when a reported change will decrease or close benefits.  These notices are issued using: 


Adequate Notice

7 CFR § 273.13(a)(3)(i)-(vi)


Adequate notice for a decrease or closure means the EDG receives the notice no later than the date the EDG would normally receive their next benefit.


Provide adequate notice for decreases or case closures when the change was reported:

  • in writing and signed by the EDG, or on a complete PRF, and
  • the EDG’s eligibility or benefit amount can be determined based on the information the EDG provided.

Note: All other decrease or closure actions must use advance notice.


EDGs receiving adequate notice have the right to:

Note: Return benefits to the previous amount within 10 days of the EDG’s request for a fair hearing, if the request was made by the date specified in the notice. 


Advance Notice

7 CFR § 273.13(a)(1)

       

Advance notice means the EDG receives a notice of a decrease or closure action at least 10 days before the action. This is the adverse action period.  The first day of the 10-day adverse action period begins the day after the notice is mailed.

       

Send an advance notice for all decreases not receiving adequate notice. 

EDGs have the right to:

Note: Return benefits to the previous amount within 5 days of the EDG’s request for a fair hearing, if the request was made by the date specified in the notice.


Notice for Mass Changes

7 CFR § 273.12(e)(4)(i)-(iii)


Issue individual notices for mass changes when:

  • benefits decrease, or 
  • the case closes.  


EDGs have the right to:

Note: Provide continued benefits only if the EDG’s request is based on: 

  • improper computation of eligibility or benefits, or 
  • misapplication or misinterpretation of Federal law or regulation.


If continued benefits are allowed, return benefits to the previous amount within 5 days of the EDG’s request for a fair hearing, if the request was made by the date specified in the notice.  


Provide at least adequate notice. 


Notice Not Required

7 CFR § 273.12(e)(1)(ii) & 7 CFR § 273.13(b)(1)-(14)


Notice is not required for the following situations: