The Department shall take the following steps in order to terminate a person's eligibility for program benefits which is based on incorrect information or information that has changed since the eligibility applications were completed:

(1)           Notice shall be given to the applicant and the eligibility interviewer that:

(a)           the Department has determined that eligibility was established based on incorrect information or information that has changed since the program eligibility applications were completed,

(b)           the applicant is not eligible for program benefits, and

(c)           the Department has made a tentative decision to terminate eligibility.

(2)           The applicant shall be given 30 days from the date of the notice of tentative decision to terminate eligibility to provide additional information or to file an appeal.  If the applicant does not appeal or submit written information which proves that he is eligible, eligibility for program benefits shall be terminated.  The applicant may reapply for eligibility at any time if there is a change in family size, income, deductions, or residency status.


History Note:        Authority G.S. 130A‑5(3); 130A-24(a1); 130A‑124; 130A‑127; 130A‑129; 130A‑205;

Eff. October 1, 1983;

Transferred and Recodified from 10 NCAC 4C .0502 Eff. April 4, 1990.

Amended Eff. October 1, 1994; December 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.