Continuation of Benefits Pending Appeal

(1) If a refugee requests a hearing (postmarked or delivered to ORI or the refugee's Case Management Provider) within the ten-day timely notice period, 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, but see 121 CMR 2.655 for resolution of disputes regarding dates of entry. (2) Refugee Cash Assistance paid while an appeal is pending is subject to recoupment if the decision to reduce or terminate is upheld.