For termination of welfare benefits, what due process step is required?

• A. Post-termination notice
• B. Notice and hearing
• C. Neutral fact finder
• D. Opportunity to explain

Answer: (B)

When welfare benefits are at stake, the recipient has a property interest in those benefits, so due process requires safeguards before the state can deprive them. The key requirement is a notice of termination coupled with an opportunity to be heard before the benefits are cut off. This pre-termination hearing ensures the recipient can contest the proposed action, present evidence, and challenge the agency’s information. The standard comes from cases like Goldberg v. Kelly, where the Supreme Court held that recipients are entitled to a hearing before benefits are terminated, not merely a post-action review.

Providing only post-termination notice would deprive the recipient of the opportunity to contest the decision before it takes effect. Merely having a neutral fact finder or offering an opportunity to explain without a hearing does not meet the due process requirement, because the crucial element is the meaningful opportunity to be heard before the adverse action occurs.