Continuation of Benefits Pending Appeal

(A) If the Division of Hearings receives the request within the timely notice period, assistance shall be continued, or a change in the manner or form of payment shall be postponed, until the appeal decision is rendered. If assistance has been terminated or reduced prior to a timely request for a hearing, it shall be reinstated. If the decision is adverse to the appellant, the proposed action shall take place immediately. If a change affecting the client's grant occurs while the hearing decision is pending, the Department shall take appropriate action to implement the subsequent change, subject to the advance notice requirements and the right to assistance pending a hearing decision. (B) Assistance pending a hearing shall not be granted if the Department has granted assistance on a presumption of eligibility and subsequently determines that the client is ineligible, and that determination is the subject of a hearing request. (C) Assistance continued pending the appeal is subject to recoupment by the Department.