Section R6-12-211. Reinstatement of Benefits

A.      If the Department has terminated payment of benefits to an assistance unit, the Department shall not reinstate benefits unless the recipient files a new application and has a new inter- view.

B.       Notwithstanding subsection (A), the Department shall rein- state benefits within 10 calendar days when:

1.        Termination was due to Department error;

2.        The Department receives a court order or administrative hearing decision mandating reinstatement; or

3.        The recipient files a request for fair hearing as provided in R6-12-1002 within 10 days of the notice date of the termination notice, unless the request is for continuance of benefits past the 36-month limit in R6-12-318, the 60- month limit in R6-12-320, or the six-month limit in R6- 12-611.

C.      When the Department reinstates benefits to a recipient who missed a six-month review due to the termination of benefits, the Department shall conduct the review at the earliest oppor- tunity following reinstatement.

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R.

1141, effective July 1, 2010 (Supp. 10-2).

Note

Editor’s Note: The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pur- suant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not sub- mit these rules to the Governor’s Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.