department of health and social services

Division of Social Services

proposed

PUBLIC NOTICE

2000 Case Processing Procedures

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding case processing procedures.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by March 31, 2006.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

Summary of Proposed Changes

DSSM 2007, Stop Payments for TANF, GA and RCA Benefits and DSSM 2008, Replacement Benefits – TANF, GA, RCA: Procedurally, DSS has denied requests for replacement checks when the requests were made after the stale date on the check. The stale date is sixty (60) days from the date of the check.

Stale date means the date the check is no longer valid for cashing.  If the issue date is 1/1/06, the check is good for sixty (60) days until 3/1/06 and, 3/2/06 becomes the stale date. If a client cashes the check on or after the stale date, they will not receive reimbursement from the state. DSS is updating the DSSM to reflect this procedure.

DSS also added the requirement to sign and return an affidavit within ten (10) days of the date of the reported loss to align the procedures with the food stamp program.

Currently, a client could request a benefit replacement for a check they claim they did not receive a year ago. The client could request a replacement check in December but not sign an affidavit until three months later.

DSS PROPOSED REGULATIONS #06-09

REVISIONS:

2007 Stop Payments for TANF, GA and RCA Benefits

The following procedures are used to place a stop payment on a check that is reported by a client as lost, stolen, or not received by the 5th of the month.

1. The client must sign the affidavit form Affidavit of Forgery and Request for Replacement of Lost Checks (Form 124) indicating that the check was not received, or was lost or stolen. Form 124 must have the benefit number and the benefit amount to be replaced. Form 124 is to have a notary signature.

2. The worker completes, Form 230., Stop Payment or Rescind Payment, in the case of either for each TANF, General Assistance, and RCA checks not received.

3. Form 230 and Form 124 are forwarded to DMS.

4. DMS investigates claims of checks that were not received, lost, or stolen. DMS will mail a replacement check to the recipient four working days after the receipt of the affidavit and Form 230, if the original check has not been cashed. (Note: In rare instances, DMS will send a replacement check to the pool must be specified and a when requested. A reason must be given for distribution by the pool.)

2008 Replacement Benefits - TANF, GA, RCA

The client must sign the Affidavit of Forgery and Request for Replacement of Lost Check (Form 124) attesting to the loss and submit the affidavit to DSS within ten days of the report of the loss.

The household will not receive a replacement check if the affidavit is not received by DSS within ten days of the report of the loss. If the tenth day falls on a weekend or holiday, DSS will consider the affidavit as received timely if it is received on the next business day.

The household will not receive a replacement check if the date of request exceeds the stale date on the check. The stale date on checks is sixty (60) days.

DSS will provide replacement benefits within ten days of the reported loss or within four working days of receiving the affadavit, whichever is later.

The procedures listed below are followed in order to replace benefits. They apply to both closed and open cases.

1. The DCIS II screen that reflects the current status of the case (open or closed), Form 124, and Form 230 (in the case of an assistance check) are sent to the Payments Section, DMS, Third Floor Annex, Administration Building, Herman M. Holloway, Sr. Health and Social Services Campus.

If the replacement is to be issued in an amount different from the original benefit, the pool supervisor must indicate on a separate sheet of paper the amount of the replacement benefit, the reason for the different amount, and sign it.

2. Upon receipt of Form 124 and Form 230, the Payments Section will issue the benefit via the DCIS II system and mail it to the recipient. Note: in In order to issue a replacement benefit for a closed case, the Payments Section will have to reopen the case. Once the replacement benefit has been issued, the Payments Section will return the case to a closed status.