Title 16
5000 Fair Hearing Practice and Procedures
5302 Exceptions: TANF, GA, Medicaid, EA Child Care
The agency may dispense with timely notice but will send adequate notice not later than the date of action when:
1) The agency has factual information confirming the death of the recipient or of the TANF payee when there is no relative available to serve as the new payee.
2) The recipient provides a clear written statement that assistance is no longer desired.
3) The recipient provides information which requires termination or reduction of assistance and the recipient has indicated in writing that (s)he understands that the action is a consequence of supplying the information.
4) The recipient has been admitted or committed to an institution (See ยง3023).
5) The recipient has been placed in skilled nursing care, intermediate care, or long- term hospitalization.
6) The appellant's whereabouts are unknown and agency mail directed to him/her has been returned by the post office indicating no known forwarding address. If his/her whereabouts become known during the payment period, the client's check will be made available.
7) The recipient's case has been accepted for assistance in another state or for another category of assistance including SSI, and, that fact has been established by the Department.
8) When a child is no longer in the home, including when a child is removed from a home as a result of a judicial determination or voluntarily placed in foster care by his/her legal guardian.
9) A change in the level of medical care is prescribed by the recipient's physician.
10) The recipient files a timely completed monthly report; notices to reduce or terminate assistance must be mailed to arrive no later than the resulting payment or in lieu of the payment.
11) The recipient files a completed monthly report that is not timely (i.e., is not received by the DCIS processing deadline); the recipient must be notified promptly of any reduction in or termination of the amount of assistance.
12) In the Emergency Assistance Program, a special allowance has been granted for a specific period of time and the allowance has terminated or expired and the individual has been notified in writing at the time of initiation that the allowance shall automatically terminate at the end of the specified period.
10 DE Reg. 1703 (05/01/07)


