300__History 300-1 HISTORY AND OVERVIEW OF THE SENIOR BENEFITS PROGRAM The Senior Benefits program was initially established in 2003 as the Senior Assistance program. The Governor’s office used its executive authority to establish the needs-based Senior Assistance program in response to the needs of low-income Alaskans aged 65 and older who were financially impacted by the elimination of the Alaska Longevity Bonus. In 2004, the program was re-named SeniorCare and benefits were expanded to include a prescription drug benefit. Seniors that passed the program’s income and resource limits could choose to receive a drug benefit instead of a cash payment. When the SeniorCare program ended in 2007, the legislature created the Senior Benefits Program. The new legislation created a varied payment level. Monthly payment amounts are determined by the gross income level of the applicant. Income limits are tied to the Alaska Federal Poverty Guideline and will change each year as the poverty level changes. There is no asset test. The Senior Benefits Program is authorized under Alaska Statutes 47.45.301 through 47.45.309 and the Alaska Administrative Code (State Regulations) at 7 AAC 47.545 through 7 AAC 47.599. Previous Section Next Section 1 Senior Benefits - Full Manual 300-2 VERIFICATION Certain factors of eligibility must be verified to determine if an individual is eligible for Senior Benefits. A Gross countable income requires documentary or third party verification. Unless questionable, the Senior Benefits worker will accept the individual’s statement(s) regarding the following factors of eligibility: Age; Alaska residency; and Social Security Number. B. QUESTIONABLE INFORMATION 2 300__History Questionable information is unclear or inconsistent information that contradicts a previous application, written or oral statements made by the applicant, or other information received by the agency. Any information that the Senior Benefits worker determines to be questionable must be verified if it will affect the individual’s eligibility for Senior Benefits. Reasonable judgment will be used to determine what other verification is necessary to establish eligibility. Verification can be obtained through documents, the Eligibility Information System (EIS), on-line system interfaces (excluding SOLQ), or contacts with third parties, and can be used to establish the accuracy of information stated on the application or provided by the household. C. RESPONSIBILITY TO PROVIDE VERIFICATION The applicant or recipient has the primary responsibility for providing documentary evidence to support statements made, and to resolve any questionable information. However, if the Senior Benefits worker can obtain the needed evidence more easily or more quickly than the applicant or recipient, they should do so. There is no need for the applicant or recipient to provide proof of information that can be gathered through available Data Systems and EIS interfaces. For example, if the Senior Benefits worker can get the necessary information from: Previous Section State Data Exchange (SDX), Beneficiary and Earnings Data Exchange (BENDEX), State Verification Exchange System (SVES), State of Alaska Department of Labor (DOL), Automated Status Verification System (ASVS), NSTAR or NFIN State of Alaska Child Support Services Division, or State of Alaska Permanent Fund Dividend Division. Next Section 3 310__Application 310 APPLICATION PROCESS To be eligible for assistance, an individual, or a person acting on the individual’s behalf must: Submit an identifiable application; Complete and sign the Senior Benefits Application form (Gen 152); and Provide documentation and verification needed to determine program eligibility. Note: An interview is not required for Senior Benefits applications. The Senior Benefits Office in Wasilla is responsible for determining eligibility for the Senior Benefits Program and maintaining Senior Benefits cases. Applicants can apply at any DPA office, but all applications must be mailed or faxed to the Senior Benefits Office as follows: Division of Public Assistance Senior Benefits Office 855 W. Commercial Drive Wasilla, AK 99654 Phone: (907) 352-4150 or 1-888-352-4150 (toll-free) Fax: (907) 357-2561 or 1-866-352-8539 (toll-free) Senior Benefits Program applications are available from DPA offices, DPAcontracted fee agents, and senior centers. They may also be obtained online through the Public Assistance, DPAweb, and Senior Information Office websites. The Senior Benefits cases have separate case numbers in EIS, and all cases must be registered to District 030. Previous Section Next Section 5 Senior Benefits - Full Manual 310-1 THE APPLICATION FORM 3 6 310__Application The Gen 152, Senior Benefits Program application is the form that is used to apply for the Senior Benefits Program. Eligibility cannot be determined until the household completes this application form. Faxed applications are accepted. 3 7 Senior Benefits - Full Manual 1. Upon the individual’s first application for the Senior Benefits Program, even if the individual is already a recipient of another DPA program. 2. Upon application from a denied, withdrawn, or closed status, unless the denial or closure was the result of an administrative error. 3. Any time the Senior Benefits worker believes the individual’s circumstances have changed sufficiently to justify conducting a special redetermination of eligibility, including when an office conducts a special review project for all or part of its caseload. 3 8 310__Application 1. To reopen a closed case as a result of an individual’s timely request for a fair hearing, or to open or reopen a case as the result of a fair hearing decision. 2. To reopen a case that has been closed incorrectly. 3. To redetermine eligibility after the application is denied for failing to provide verification and the household provides the verification within 30 days from the application filing date. 4. When there is an address change. 5. To resume benefits after benefits have been suspended. 3 9 Senior Benefits - Full Manual An identifiable application is a Senior Benefits Program application form (GEN 152) containing the applicant’s name, address, and signature (or witnessed mark) of the individual seeking assistance, or of the individual’s authorized representative. If an application is not identifiable, it should not be registered in EIS. The application should be mailed back to the client with a short note explaining what is required. Each DPA office must accept and date an identifiable application when it is presented, register the application, and then forward the application to the Senior Benefits Office for processing. An individual who contacts a DPA office and who shows interest in the program or a desire to apply shall be advised of his or her right to submit an identifiable application on the date of the contact in order to establish the benefit start date. The individual may file an identifiable application on an acceptable application form, as described at manual section 310-1A. 10 310__Application 310-1 E. WHO CAN SIGN THE APPLICATION FORM? An adult household member, age 18 years or older An authorized representative An individual who has legal authority to act on the applicant’s behalf (i.e., Office of Public Advocacy, legal guardian) An individual with appropriate power of attorney A responsible person, if the individual filing the application is incapable of applying or appointing an authorized representative Any person has the right to apply for the Senior Benefits Program and can sign the application. The proper person to sign the Senior Benefits application is the applying senior. If both members of a married couple wish to apply, they may do so on a single application form if both spouses sign the form. If the applying adult is incompetent or incapacitated, or wishes to appoint an authorized representative, a responsible person acting on the individual’s behalf may also apply for him or her. 310-1 F. WHO CAN BE AN AUTHORIZED REPRESENTATIVE? A responsible adult, 18 years or older, may be designated by the applicant in writing as an authorized representative. If the applicant is illiterate, his/her mark must be witnessed by two individuals who must each sign their names and date the document. No special form is required. Authorized representatives may sign the application and act on behalf of the household. A household member should prepare or review the application, if possible, even though the authorized representative will be filing the application. 310-1 G. COMPLETING THE APPLICATION In addition to making an identifiable application and having it signed by an eligible individual, the applicant must answer all of the questions on the application form. If the application form is not completed, the Senior Benefits worker will allow the household the opportunity to complete the form. In this case, written notification will be sent to the household listing the items that need to be completed. Previous Section Next Section 11 Senior Benefits - Full Manual 310-2 ACTIONS TAKEN ON THE APPLICATION Every applicant must be provided with adequate written notice of the action taken on his or her application. Adequate notice means that the individual is informed of the action taken and the reasons for the action, including the statute, regulation, or policy upon which the action is based. 3 An approval notice must be sent to the household following a determination of eligibility. Except for delays described in manual section 310-2 F, Senior Benefits workers must make the eligibility decision and mail written notice of the decision within 30 days following the date of application. 12 310__Application Note: To prevent payment errors, the Senior Benefits worker must set a manual EIS alert on any associated Food Stamp or Temporary Assistance cases whenever Senior Benefits are approved. An EIS work request has been submitted to automate this alert process, and Senior Benefits workers will be advised once it is completed. 3 Senior Benefits are always issued for a full calendar month, and are not prorated based on the date of application. The benefit start date for Senior Benefits is the first month in which the applicant meets all eligibility requirements for the Senior Benefits Program. Note: The Senior Benefits Program allows a one day - one month provision. If a person is determined eligible for Senior Benefits for 13 Senior Benefits - Full Manual any day during a month, the person is eligible for Senior Benefits for the entire month. 3 When the office needs the applicant to submit a complete application form or provide information needed to determine eligibility, the application is pended, and a notice is sent. The notice clearly informs the applicant what is needed to complete the application. Applicants will be given at least 10 days, but no more than 30 days, to provide the necessary information. The Senior Benefits worker may extend the pend period if the applicant needs additional time to obtain the information. 3 14 310__Application A denial notice must be sent to the applicant explaining the reason for the denial. This notice should be sent as soon as possible following the determination of ineligibility, but no later than 30 days following the application filing date. Applicants denied for failing to provide needed information by the end of the pend period will be sent a notice of denial as soon as possible after the end of the pend period. If the applicant provides the verification after the end of the pend period but within 30 days of the application filing date, the Senior Benefits worker must accept the verification and make an eligibility determination without requiring a new application. 3 15 Senior Benefits - Full Manual The applicant may voluntarily withdraw the application at any time before the eligibility determination is made. A written or oral request to withdraw is acceptable. The reason for the withdrawal (if known) shall be documented in the case record. A notice shall be sent to the individual denying the withdrawn application. If the individual wants to reapply, he or she must complete a new application. 3 16 310__Application If a household’s eligibility has not been determined or benefits have not been authorized within 30 days of the application filing date, the application is delayed. The Senior Benefits worker will determine the cause for the delay and take appropriate action. Agency-caused delays include cases where the application was not approved, denied, or pended within allowable timeframes. If an eligibility determination cannot be made by the 30th day from the application filing date because of action required by the agency, the case is left in pended status. The household must be sent a pend notice by the 30th day. 17 Senior Benefits - Full Manual Previous Section 18 Household-caused delays include situations where the office cannot take further action on the application without an action by the household. If the household fails to submit a complete application form within 30 days of the application filing date, the application is denied. Next Section 320__Eligibility 320 FACTORS OF ELIGIBILITY To be eligible for Senior Benefits, an individual must meet the following eligibility criteria: Previous Section Age; Alaska Residency; Social Security Enumeration; and Financial Need. Next Section 19 321__Age 321 AGE To be eligible for Senior Benefits, an individual must be age 65 or older. If the information provided is questionable, the applicant’s age must be verified. An official birth certificate is the best document for verifying age, but not the only document. The case worker should be sure that an official birth certificate is unavailable before using other documents to verify age. The case worker may accept oral or written confirmation of a client’s date of birth from an office of the Social Security Administration if SSA indicates that the client’s case file contains documentary proof of age. Other acceptable documents that the client may have are: Previous Section Adoption records; Baptismal certificate; Confirmation papers; Driver’s license; Family Bible; Hospital or midwife birth records; Immigration or naturalization records; Insurance company records; Marriage license or records; Military service papers; Passport; State or federal census records; Voter registration card; Draft Board records; Employment records; Labor union records; Military service records; Physician’s records; School records; or Vaccination records. Next Section 21 322__Residency 322 ALASKA RESIDENCY To be eligible for Senior Benefits, a person must be a resident of Alaska. Previous Section Next Section 23 Senior Benefits - Full Manual 322-1 DEFINITION OF ALASKA RESIDENCY An Alaska resident is a person who: 1. Lives in Alaska voluntarily; 2. Is not in Alaska for a temporary purpose such as a vacation or a business trip; and 3. Intends to make Alaska his or her home and has no intention of leaving the State to take up residence somewhere else. Previous Section 24 Next Section 322__Residency 322-2 ABSENCE FROM THE STATE OF ALASKA Individuals who leave Alaska are not eligible for Senior Benefits during their absence unless the individual absence is temporary and is for one of the following reasons: A. MEDICAL TREATMENT To receive medical treatment for the individual; To accompany the individual’s family member who is receiving medical treatment outside the state. A family member means a person who is legally related to the individual through marriage or guardianship; or is the eligible individual’s sibling, parent, grandparent, son, daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin. B. OTHER REASONS For a vacation, business, trip, or other absence of less than 30 consecutive days. An extension may be allowed for special circumstances beyond the individual’s control if the individual has applied for and received a time extension from the Senior Benefits Office. The Senior Benefits worker will use his or her prudent judgment when determining whether special circumstances exist. For example, special circumstances might exist if a senior is prevented from returning to Alaska within 30 days because of a short-term illness, but intends to return immediately once the illness ends. An individual who expects to be absent from the state more than 30 days: 1. Must notify the department of the reason for the extended absence; 2. Must provide a written statement from a physician that the medical treatment requires an absence from the state of 30 days or more; 3. May not establish residency outside the state; and 4. Must demonstrate to the department’s satisfaction that the individual intends to return to the state once the medical treatment is completed. Previous Section Next Section 25 323__Social_Security_Number 323 SOCIAL SECURITY NUMBER A Social Security Number is an eligibility factor for Senior Benefits. To meet this requirement, an applicant must provide a Social Security Number (SSN) or show that he or she has applied for one. If an individual does not provide a Social Security Number or show that he or she has applied for one, eligibility for Senior Benefits does not exist. Previous Section Next Section 27 330__Income 330 INCOME To be eligible for the Senior Benefits Program, an individual or spouse must have countable income that does not exceed the income limits for Senior Benefits. The countable incomes of both spouses who live together are considered when determining a couple’s income eligibility, regardless of whether or not the spouses are both eligible for assistance. Note: The Senior Benefit Program follows APA’s definition of a spouse at APA MS 460-1 F. Deductions are not allowed for dependents. Previous Section Next Section 29 Senior Benefits - Full Manual 330-1 INCOME LIMITS The income limits and payment amounts for the Senior Benefits Program are based on the Alaska Federal Poverty Guideline and will change each year as the poverty level changes. The income limit and payment levels for 2014 are listed below: Income up to 75% of AK Fed Poverty level Senior Household Individual Couple Previous Section 30 $250 monthly paymen t $ 10,935/year ($912 per month) $14,745/year ($1,229 per month) Income Income between 75% between 100% and 100% of and 175% of AK Fed AK Fed Poverty Poverty Level level $175 monthly payment $14,580/year ($1,215 per month) $19,660/year ($1,639 per month) $125 monthly payment $25,515/year ($2,127 per month) $34,405/year ($2,868 per month) Next Section 330__Income 330-2 COUNTABLE INCOME Count the individual’s or couple’s gross annual income received or expected to be received during the calendar year in which the Senior Benefits Program application is received. Gross annual income means income before any deductions or subtractions are made. 3 If one member of a couple enters a nursing home, the community spouse allowance is countable income to the spouse that is not institutionalized. 31 Senior Benefits - Full Manual Deposits made to the institutionalized spouse’s account remain countable income to the community spouse. Note: When one member of a couple enters a nursing home, the spouse remaining in the community is considered a one person household since the couple is no longer living together. 3 32 330__Income Deposits made to a joint account with a non-household member are legally available to both parties on the account and are considered countable income to both parties. 3 Interest income can be countable or excluded depending on the source of the income. Countable Interest: Interest that is readily accessible to the client is countable income. Some examples include: Bank Accounts – Account holder can make withdrawals at will. 401k – Investors can make withdrawals at will although there may be a penalty if funds are withdrawn before the age of 59 ½. IRA - Investors can make withdrawals at will although there may be a penalty if funds are withdrawn before the age of 59 ½. 33 Senior Benefits - Full Manual Keogh - Investors can make withdrawals at will although there may be a penalty if funds are withdrawn before the age of 59 ½. Series H/HH US Savings Bonds – A semi-annual interest payment is made to the holder of the savings bond. These payments are countable interest. Excluded Interest: Interest that cannot be accessed by the client is excluded income. Some examples include: Previous Section 34 Certificates of Deposit – The interest is not available to the client until the CD matures. Series E/EE US Savings Bonds – Interest earned is not available until the expiration of the minimum retention period. Retirement Accounts – The periodic payments received from a retirement account are countable income. The interest earned on the account is added to the principal so is not considered income. If the client is receiving periodic payments from the account they cannot access the principal. Next Section 330__Income 330-3 EXEMPT INCOME Income Excluded by Federal Law. Any compensation or benefits that are exempt under federal law are also excluded for Senior Benefits. This includes Violent Crimes Compensation, Foster Grandparent/Elder Mentor and Senior Companions programs. Permanent Fund Dividends. Permanent Fund Dividends are not counted as income for Senior Benefits. Unavailable income. Income that is not legally available to meet the individual’s or couple’s basic needs for food or shelter is not counted as income for Senior Benefits. For example, an amount withheld from a benefit payment to repay a debt or a previous overpayment would be considered as unavailable income. Money received by the household for the care of the child, such as child support, foster care payments or adult not included TANF is considered income for the child and is not available to the applicant. Previous Section Next Section 35 Senior Benefits - Full Manual 330-4 ITEMS THAT ARE NOT INCOME Conversion or sale of a resource. Cash or property received from the sale, exchange, or replacement of a resource is not income but is a resource that has changed its form. Reverse Mortgages. A reverse mortgage is a loan that must be paid back at the end of the agreement. Cash or in-kind item that is provided to replace or repair a resource that has been lost, stolen or damaged. Property Agreement. The principle received by the holder of the agreement is considered a converted resource. Only the interest received is countable income. Example: A Senior Benefits applicant sold her trailer for $5000. The purchaser pays $500 to the bank which goes into an escrow account. The bank, in turn, sends a payment to the applicant as follows: Payor fee: $0 Late Charge: $0 Interest: $206.54 Principle: $293.46 Payee Fee: $0 Check Fee: $2.50 The countable income is $204.04 ($206.54 interest - $2.50 check fee) Previous Section 36 Next Section 340__Payment 340-1 PAYMENT LEVEL An individual who is eligible for the Senior Benefits Program will receive $125, $175 or $250 each month as determined by their gross income level as shown in the chart in SBP manual section 330-1. This benefit cannot be assigned or garnished to satisfy a debt. Previous Section Next Section 37 Senior Benefits - Full Manual 340-2 PAYEE An applicant or recipient may request that the Senior Benefits payment be made to another person. This request must be made in writing. The caseworker will make the designated person a payee, if, in his or her prudent judgment, there is no substantial reason not to honor the request. Previous Section 38 Next Section 340__Payment 340-3 PAYMENT DELIVERY The Senior Benefits payment may be made by state warrant or by direct deposit on a monthly basis. The monthly benefit will normally be paid to the recipient on the first day of each month. However, the Eligibility Information System (EIS) also has the capability of issuing initial benefit payments three times a week. Previous Section Next Section 39 350__Institutions 350 INSTITUTIONAL RESIDENCY An individual is not eligible for the Senior Benefits Program during any full calendar month during which he or she lives throughout the month in: A prison or jail; A public or private institution for mental disease, such as the Alaska Psychiatric Institute (API); A nursing home; or An Alaska Pioneers’ Home or the Alaska Veterans’ Home. An individual may receive Senior Benefits for months during which the individual is only institutionalized for part of the month. He or she must live outside of the institution for at least one day of the month. Previous Section Next Section 41 Senior Benefits - Full Manual 350-1 CONTINUED BENEFITS FOR TEMPORARILY INSTITUTIONALIZED RECIPIENT A Senior Benefits recipient may continue to receive assistance for up to three months while living in a long-term care facility, psychiatric facility, Alaska Pioneers’ Home, or the Alaska Veterans’ Home that would otherwise result in ineligibility for Senior Benefits. To qualify for continued Senior Benefits, the individual must meet and fulfill all of the following requirements: 1. The individual must be eligible for Senior Benefits for the month that he or she enters the institution. 2. The individual must live throughout the affected month in one or more public medical or psychiatric institutions (including the Alaska Psychiatric Institute) or in any other type of Medicaid facility. 3. A physician must certify, in writing, that the individual will live in the institution for 90 days or less. The physician must prepare and date this certification by the 90th day from admission to the institution, or by the time the individual is actually released if the release happens before the 90 days have elapsed. 4. The individual, or someone acting on the individual's behalf, must show the need to pay some or all the expenses of maintaining a home or living arrangement to which the individual may return. A written statement that specifies this need is enough to verify the individual's need to maintain a home or living arrangement, unless the Senior Benefits worker has reason to believe otherwise. Previous Section 42 Next Section 360__Case_Maintenance 360-1 REVIEWS At least once each calendar year, Senior Benefits recipients, or a person acting on their behalf, must complete a renewal application form. In addition to the completed renewal application, the recipient must also provide any other information or verification that is necessary to correctly redetermine the recipient’s Senior Benefits eligibility. An interview is not required, but the Senior Benefits worker may contact the recipient by phone or letter if more information is needed to redetermine the recipient’s eligibility. 3 43 Senior Benefits - Full Manual Renewal applications must be processed within 30 days after the date the renewal application is received by a DPA Office. 3 Treat a renewal application that is received after the last day of the review period the same as a new application. These applications must be processed within 30 days after the date the application is received in a DPA Office. 3 44 360__Case_Maintenance Adequate notice of action shall be mailed to a recipient once the renewal application is processed, but only if there is no loss in benefits. Any adverse action taken on a review, such as a suspension of benefits or termination of assistance, may also require timely notice. Previous Section Next Section 45 Senior Benefits - Full Manual 360-2 CHANGES 3 46 360__Case_Maintenance It is the responsibility of DPA to act promptly upon information from any source if that information might affect a recipient's continued eligibility or benefit amount. The case worker shall investigate any information that might affect a recipient's eligibility or benefit amount and, if necessary, adjust the amount of assistance or suspend or terminate assistance as necessary. Action on changes must be taken within 10 days of the date the change becomes known to DPA. 1. Changes that Result in Increased Benefits Changes that result in increased benefits are effective the month the report of change was received. If the benefit for the effective month is already issued, the supplemental benefit must be issued by the tenth of the month following receipt of all required verification. 2. Changes that Result in Decreased Benefits or Case Closure Changes that result in decreased benefits or case closure are effective the first day of the month following expiration of the adverse notice period. 3 47 Senior Benefits - Full Manual A Senior Benefits recipient, or an individual acting on the recipient’s behalf, must report the following changes within 10 days from the date the client knows of the change: Change in mailing or residence address (including admission to or discharge from a hospital or a nursing home); Absence from the state for any reason for more than 30 days; Death of a recipient or spouse; or A change in income that may affect the amount of assistance. All other changes must be reported annually on the review application. Previous Section 48 Next Section 360__Case_Maintenance 49 Senior Benefits - Full Manual 360-3 SUSPENSION AND TERMINATION 3 If a recipient becomes ineligible for assistance, and it appears that the period of ineligibility will not exceed three benefit months, the Senior Benefits case will be suspended. A period of suspension may not exceed three months. Assistance shall be reinstated without a new application if eligibility is again found to exist at any time during the suspension period, or for the month following the suspension period. Note. To prevent payment errors, the Senior Benefits worker must set a manual EIS alert on any associated Food Stamp or Temporary Assistance cases whenever Senior Benefits are suspended. An EIS work request has been submitted to automate this alert process, and Senior Benefits workers will be advised once it is completed. 3 50 360__Case_Maintenance If a recipient becomes ineligible for assistance and it appears that the period of ineligibility will exceed three months, or is of uncertain or indefinite duration, Senior Benefits assistance will be terminated. The individual must reapply for assistance on Senior Benefits application form Gen 152 and provide any other necessary documentation and/or verification to again become eligible for assistance. Note. To prevent payment errors, the Senior Benefits worker must set a manual EIS alert on any associated Food Stamp or Temporary Assistance cases whenever Senior Benefits cash benefits are terminated. An EIS work request has been submitted to automate this alert process, and Senior Care workers will be advised once it is completed. Previous Section Next Section 51 Senior Benefits - Full Manual 360-4 LOSS OF CONTACT A Senior Benefits application shall be denied or an ongoing Senior Benefits case shall be closed if DPA loses contact with the applicant or recipient. An adequate notice of denial or closure shall be mailed to the applicant's or recipient's last known address. Loss of contact has occurred when: 1. Mail sent to the individual's last known mailing address is returned by the post office with no indication of a known forwarding address, and the individual has not reported a new address; and 2. Reasonable attempts to locate the individual by using information in the case file have failed. Previous Section 52 Next Section 361__Notices 361 NOTICES The Senior Benefits worker must send a written notice to an applicant or recipient for every action taken on his or her case to approve, deny, close, or change the amount of assistance. All notices must be adequate. Some notices must be timely. Previous Section Next Section 53 Senior Benefits - Full Manual 361-1 ADEQUATE NOTICE Every notice of action must be adequate. A notice of action is any notice that informs an applicant or recipient of any action taken, or that will be taken, on his or her case to approve, deny, terminate, or change the amount of assistance. An adequate notice must: Explain what action has been taken; Explain why the action was taken; Include the statute, regulation, or policy upon which the action is based; and Advise the individual of the right to request a fair hearing on any action taken on his or her case. Notices generated by the Eligibility Information System (EIS) contain this information on the back of the paper stock on which they are printed. Previous Section 54 Next Section 361__Notices 361-2 SITUATIONS THAT REQUIRE ONLY ADEQUATE NOTICE For actions taken on a new application, adequate notice must be given or mailed to the applicant by the workday following the day that the Senior Benefits worker makes the eligibility determination. For all other actions, adequate notice must be given or mailed no later than the workday following the date the action is taken or the date the action becomes effective, whichever is later. Adequate notice must be provided in the following situations: Previous Section Action taken on a new application. Action taken that is not an adverse action, such as an increase in benefits. Action to close a case because of the confirmed death of the recipient. Action to close a case because a recipient enters an ineligible institution, such as a jail or a nursing home. Action to issue a supplemental benefit to correct a previous underpayment or to issue retroactive benefits. Action to close a case because of the recipient’s request for closure. Action to close a case for loss of contact. Next Section 55 Senior Benefits - Full Manual 361-3 TIMELY NOTICE In addition to being adequate, some notices must also be timely. Timely notice must be given for all adverse actions, except for those situations in section 361-2 above. An adverse action is any action taken to suspend, deny, or terminate benefits. Timely notice means that: A. The notice meets all the requirements of an adequate notice; and B. The Senior Benefits worker must give or mail notice to the applicant or recipient at last 10 days before the date the action will become effective. Previous Section 56 Next Section 361__Notices 361-4 SITUATIONS THAT REQUIRE TIMELY NOTICE The Senior Benefits worker must provide timely notice in the following situations: Action to terminate benefits Action to reduce benefits. Action to suspend benefits. Adverse action taken on a review application. Previous Section Next Section 57 362__Fair_Hearings 362 FAIR HEARINGS Any Senior Benefits applicant or recipient whose application is not acted on within 30 days after its receipt, or who is affected by any adverse action taken on his or her case may request a fair hearing. The fair hearing request may be made orally or in writing to any employee of the Division of Public Assistance. The lead worker in the Senior Benefits Office is responsible for conducting prehearing conferences. Reasons for granting a fair hearing include: Application not acted on within 30 days; Application denied; Reduction of benefits; or Termination of assistance. If a recipient wishes to appeal an adverse action taken on his or her case, he or she must submit a hearing request within 30 days of receiving a notice of adverse action. The recipient may, upon filing a timely fair hearing request have benefits continued pending the fair hearing decision. For fair hearing availability, policy, and procedures, refer to the Division’s Administrative Procedures manual, Chapter 117. Previous Section Next Section 59 363__Claims 363 CLAIMS A Senior Benefits Program recipient may occasionally receive more or less assistance than he or she is entitled to. 3 If a Senior Benefits worker discovers that a recipient has been underpaid, he or she will issue a corrective payment. 3 61 Senior Benefits - Full Manual An overpayment means that a recipient has received Senior Benefits to which he or she was not entitled. If a Senior Benefits worker becomes aware that a recipient is being overpaid, he or she must take action to correct the Senior Benefits. The State statutes governing the Senior Benefits Program provide that an individual is liable for the value of assistance or benefits improperly paid to that individual, but only if the improper payment was based on inaccurate or incomplete information provided by the individual. Although the regulations are now in place to collect the overpayment of Senior Benefits, the programming in EIS is not. Policy and Program Development is currently working with Systems Operations to get the programming in place to allow the collection of overpaid Senior Benefits. Staff will be advised when this programming has been completed. Previous Section 62 Next Section Addendum ADDENDUM 1 List of EIS Senior Benefits notices L018 Senior Benefits Application Received L101 Senior Benefits Approval L112 Senior Benefits Approved – Second Month L201 Senior Benefits Denied – Lack of Information L207 Senior Benefits Denied – Over Income L212 Senior Benefits Denied – Other Reasons L302 Senior Benefits – Request for Information L401 Senior Benefits Closed L411 Senior Benefits Closed – Long Term Care L419 Senior Benefits End – Death of Recipient L603 Senior Benefits Suspended L701 Senior Benefits Change L705 Additional Senior Benefits L706 Benefit Change – Poverty Level Increase L802 Senior Benefits Renewal Approved X034 Senior Benefits Review Due X035 Senior Benefits Review Due – Second Notice 63 ALASKA SENIOR BENEFITS PROGRAM MANUAL DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF PUBLIC ASSISTANCE March 2014 65