15A NCAC 21D .0907 CONTINUATION OF BENEFITS

15A NCAC 21D .0907 CONTINUATION OF BENEFITS

(a) WIC program benefits shall be continued during the appeal of the following actions when the request for a hearing is received within 15 days of notification of the action:

(1) disqualification from the program for abuse during a certification period;

(2) determination of ineligibility during a certification period due to categorical ineligibility or residential ineligibility; or

(3) other terminations during a certification period.

(b) WIC program benefits shall not be continued when a fair hearing is requested:

(1) in any of the situations in Paragraph (a) of this Rule if the request is made more than 15 days after the date of notification; or

(2) by applicants who are denied benefits at the initial or subsequent determination of WIC eligibility if the previous certification period has expired.

(c) When benefits are continued due to a request for a fair hearing as specified above, the individual shall continue to receive benefits until an adverse hearing decision is reached or the certification period expires, whichever occurs first.

History Note: Authority G.S. 130A-361; 150B-22; 42 U.S.C. 1786; 7 C.F.R. 246.9;

Eff. July 1, 1981;

Temporary Amendment Eff. July 1, 2002.