Continuation of Benefits Pending Appeal

(1) If a refugee requests a hearing within the ten-day timely notice period (postmarked or delivered to ORI or the refugee's Case Management Provider), Refugee Cash Assistance shall not be reduced or terminated until a decision is made after a hearing, unless: (a) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the computation of the grant is not an issue; (b) A change affecting the participant's grant occurs while the fair hearing decision is pending and the participant fails to request a hearing after notice of the change; (c) The participant requests that he or she not receive continued assistance pending appeal; or (d) The reason for termination is the expiration of time eligibility unless there is a factual dispute about the dates of eligibility. Note: If there is a dispute regarding date of entry, it shall be resolved by information from the U.S. Citizenship and Immigration Services, rather than fair hearing as specified in 121 CMR 2.655: End of Time-eligibility Period. (2) Refugee Cash Assistance paid while an appeal is pending is subject to recovery if the decision to reduce or terminate is upheld.