Notices of Action (NOAs) Overview

The Requirements of Timely and Adequate Notice

Adequate Notice

Adequate notice must be sent in the following instances:

  • When aid is granted or increased.
  • When aid is denied, decreased, or discontinued.
  • When the county demands repayment of an overpayment.
  • When the county takes action after the claimant has conditionally withdrawn a request for a state hearing.

Timely Notice

Except as provided in the next subsection, for any discontinuance, termination or decrease in aid, timely as well as adequate notice must be sent.

  • “Timely Notice” is defined as ten (10) days prior to the effective date of the intended action.
  • The ten-day period does not include the date the notice is mailed nor the first date of ineligibility or grant reduction (, case discontinued 6/30, ineligibility begins 7/1).

Note: Discontinuances must be given a full ten (10) days, including the last day of the month.

Exceptions to Timely Notice Requirements

In certain situations, while adequate notice is necessary, it need not be timely. These situations are as follows:

  • The worker has factual information confirming the death of a person affected.
  • The worker has a clear written statement signed by the person affected that:
    • The person no longer wishes aid; or
    • Gives information which requires discontinuance or reduction of aid and the person has indicated, in writing, that he/she understands that this must be the consequence of supplying such information, and
    • The person has knowingly and voluntarily waived the right to a 10-day notice.
  • The whereabouts of the person(s) affected are unknown and the county mail directed to him/her has been returned to the Post Office indicating no known forwarding address. The person's aid payment must, however, be made available when his/her whereabouts become known before the end of the month in which a warrant or other mail was returned.
  • A CalWORKs child is removed from the home as a result of a judicial determination, or voluntarily placed in Foster Care by his/her parent or legal guardian.
  • The person affected has been accepted for aid in a new jurisdiction (state or county), and that fact has been verified by an EW.
  • A Special Need Allowance granted for a specific period is terminated, and the recipient has been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specific period.
  • When sending the "CalFresh Informing Notice of Sending Intercounty Transfer" (NA 1268).

Reinstatement

In the above instances where timely notice is not required, if the claimant requests a state hearing within ten (10) days of the required adequate notice, aid will be reinstated retroactively.

Related Topics

Providing Information and Writing NOAs