HAR §17-647-32. Verification

(a) The branch shall verify the following information prior to certification §17-647-32 647-29 for households which are initially applying for the food stamp program: (1) Gross nonexempt income for all households except for social security and supplemental security income benefits. If documentary evidence is not readily available, the amount of social security and SSI benefits reported on the application shall be used pending receipt of verification from the BENDEX or SDX; (2) Whether household members identified as aliens on the application form are eligible aliens by requiring that the household present verification for each alien member; (3) A household's utility expenses. Households that wish to claim shelter costs for a home that is unoccupied because of employment or training away from the home, illness, or abandonment caused by a natural disaster or casualty loss shall provide verification of actual utility costs if the costs would result in a deduction. Other shelter costs of the unoccupied home shall be verified if it would result in a deduction; (4) The amount of any medical expenses which are deductible; (5) The social security numbers (SSNs) of all household members in accordance with chapter 17-655; (6) Residency of all households: (A) Verification of residency shall be accomplished to the extent possible in conjunction with other information such as, but not limited to, rent and mortgage payments, utility expenses, and identity; (B) If verification cannot be accomplished in conjunction with the verification of other information, then the branch shall §17-647-32 647-30 use a collateral contact or other readily available documentary evidence; (C) No durational residency requirement shall be established; (D) In situations where verification of residency may be impossible to obtain, such as households newly arrived in an area or households living at a campsite or in cars and the applicant and the branch have made reasonable efforts to verify residence, the branch shall proceed with certification and not deny the household; and (E) Any documents or collateral contact which reasonably establish the applicant's residency shall be accepted and no requirement for a specific type of verification may be imposed; (7) The applicant's identity or the identity of both the authorized representative and the head of the household where an authorized representative applies on behalf of a household. Identity may be verified through readily available documentary evidence or, if this is unavailable, through a collateral contact. Acceptable documentary evidence includes, but is not limited to: (A) Driver's license; (B) Work or school identification (ID); (C) ID for health benefits; (D) ID for another assistance or social services program; (E) Voter registration card; (F) Wage stubs; or (G) Birth certificate. Any documents which reasonably establish the document may be imposed; applicant's identity shall be accepted and no requirement for a specific type of (8) Liquid resources for all households; §17-647-32 647-31 (9) Continuing shelter charges, including utilities, if billed separately, if allowing the expense would result in a deduction. Homeless households claiming shelter expenses greater than the homeless standard estimate as stated in section 17-676-72(5) are required to provide verification of their shelter expense; (10) For households claiming dependent care costs, whether the household actually incurs the costs and the actual amount of the costs, if allowing the expense would result in a deduction; and (11) Disability as defined in section 17-663-1 as follows: (A) For individuals to be considered disabled under paragraphs (1), (6), and (7) of the definition, the household shall provide proof that the disabled individual is receiving benefits under Titles I, II, X, XIV or XVI of the Social Security Act; (B) For individuals to be considered disabled under paragraph (2) of the definition, the household shall present a statement from the Veterans Adminis- tration (VA) which clearly indicates that the disabled individual is receiving VA disability benefits for a service-connected disability and that the disability is rated as total or paid at the total rate by VA; (C) For individuals to be considered disabled under paragraphs (3) and (4) of the definition, proof by the household that the disabled individual is receiv- ing VA disability benefits shall be sufficient verification of disability; (D) For individuals to be considered disabled under paragraphs (5) and (8) of §17-647-32 647-32 the definition, the state agency shall use the Social Security Administration's (SSA) most current list of disabilities considered permanent under the Social Security Act for verifying disability. If it is obvious that the individual has one of the listed disabilities, the household shall be considered to have verified disability. If disability is not obvious, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one of the nonobvious disabilities listed as the means for verifying disability under paragraphs (5) and (8) of the definition; or (E) For individuals to be considered disabled under paragraph (9) of the definition, the household shall provide proof that the individual receives a railroad retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for medicare; (12) If a household's composition is questionable, the branch shall verify factors affecting the composition of the household. Individuals who claim to be a separate household from those with whom they reside shall be responsible for proving a claim that they are a separate household to the satisfaction of the branch. Elderly, disabled individuals, who claim to be separate household shall also be responsible for: (A) Obtaining the cooperation of the individuals with whom they reside in providing necessary income information to the branch; §17-647-32 647-33 (B) Providing the branch with a statement from a physician or licensed or certi- fied psychologist that they cannot purchase and prepare their own meals; and (C) Providing the branch a statement of permanent disability from a physician or licensed or certified psychologist if the disability is not readily apparent; and (13) The household's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays. The household is responsible for providing verification of the legal obligation, the obligated amount, and the amount paid. (A) The branch shall accept any document that verifies the household's legal obligation to pay child support, such as a court or administrative order, or legally enforceable separation agree- ment. Documents that are accepted as verification of the household's legal obligation to pay child support shall not be accepted as verification of the household's actual monthly child support payments; (B) The branch shall accept documentation verifying a household's actual payment of child support including, but not limited to canceled checks, wage with- holding statements, verification of withholding from unemployment compensation, and statements from the custodial parent regarding direct payments or third party payments the food stamp member pays or expects to pay on behalf of the custodial parent. In addition to requiring verification from §17-647-32 647-34 the household, the branch shall be responsible for obtaining verification of the household's child support payments if the payments are made to the Child Support Enforcement Agency. (b) Verification of questionable information shall be as follows: (1) Branches shall verify all other factors of eligibility prior to certification if the factors: (A) Are questionable; and (B) Affect a household's eligibility or benefit level; (2) Questionable factors include, but are not limited to, information on the application which is: (A) Inconsistent with: (i) Statements made by the applicant; (ii) Other information on the application or previous applications; or (iii) Information received by the branch; or (B) Unclear; (3) When determining if information is question- able, the branch shall base the decision on the particular circumstances of each household; and (4) Procedures described in this paragraph shall apply when information concerning one of the following eligibility requirements is questionable: (A) When a household's statement that one or more of its members are U.S. citizens is questionable, the household member shall be ineligible pending verification; and (B) When verifying that an income is exempt as a loan, a statement signed by both parties indicating the payment is a loan §17-647-32 647-35 which shall be repaid shall be sufficient verification. (c) Sources of verification include: (1) Documentary evidence as the primary source of verification for all items except residency and household size. These items may be verified either through readily available documentary evidence or through a collateral contact, without a requirement being imposed that documentary evidence must be the primary source of verification. (A) Documentary evidence shall consist of a written confirmation of a household's circumstances. Examples of documentary evidence include: (i) Wage stubs; (ii) Rent receipts; and (iii) Utility bills; (B) Although documentary evidence shall be the primary source of verification, acceptable verification shall not be limited to any single type of document and may be obtained through the household or other source; (C) Whenever documentary evidence cannot be obtained or is insufficient to make a fair determination of eligibility or benefit level, a branch may require: (i) Collateral contacts; or (ii) Home visits; (2) A collateral contact, which is a verbal confirmation of a household's circumstances by a person outside of the household. The collateral contact may be made either in person or by the telephone. The branch may select a collateral contact if the household fails to designate one or designates one which is unacceptable to the branch. The acceptability of a collateral contact shall not be restricted to a particular individual §17-647-32 647-36 but may be any individual who may be expected to provide an accurate third-party verification of the household's statements. (A) Examples of acceptable collateral contacts include: (i) Employers; (ii) Landlords; (iii) Social service agencies; (iv) Migrant service agencies; or (v) Neighbors of the household. (B) Those sources of verification to which the branch has routine access shall not be considered collateral contacts, and therefore, do not have to be designated by the household. Examples of these sources include: (i) Beneficiary data exchange (BENDEX); (ii) State data exchange (SDX); or (iii) Any agency where a routine access agreement exists; and (C) If the branch designates a collateral contact, the branch shall not make the contact without providing prior written or oral notice to the household. At the time of this notice, the branch shall inform the household that it has the following options: (i) Consent to the contact; (ii) Provide acceptable verification in another form; or (iii) Withdraw its application. If the household refuses to choose one of these options, its application shall be denied, in accordance with the normal procedures, for failure to verify information; or (3) Home visits that shall be used as verification only when the following occur: (A) Documentary evidence is insufficient to make a firm determination of eligibility §17-647-32 647-37 or benefit level, or cannot be obtained; and (B) The home visit is scheduled in advance with a household. (d) Where unverified information from a source other than the household contradicts statements made by the household, the household shall be given a reasonable opportunity to resolve the discrepancy prior to a determination of eligibility or benefits. If the unverified information is received through the IEVS, the branch may obtain verification from a third party as specified in chapter 17-655. (e) A household shall have primary responsibility for providing documentary evidence to support its statements on the application and to resolve any questionable information. Branch shall assist the household in obtaining the verification provided the household is cooperating with branch. (1) Households may supply documentary evidence: (A) In person; (B) Through the mail; or (C) Through an authorized representative. (2) The branch shall accept any reasonable documentay evidence provided by a household. The branch shall be primarily concerned with how adequately the verification proves the statements on the application. If it is difficult or impossible for a household to obtain the documentary evidence in a timely manner, or a household has presented insufficient documentation, the branch shall: (A) Offer assistance to the household in obtaining the documentary evidence except as otherwise stated in this section; (B) Use a collateral contact; or (C) Conduct a home visit. (3) The branch shall not require a household to present verification in person. §17-647-32 647-38 (4) The branch shall rely on a household to provide the name of any collateral contact. A household may request assistance in designating a collateral contact. The branch shall not be required to use a collateral contact designated by a household if the collateral contact cannot be expected to provide an accurate third-party verification. When the collateral contact designated by the household is unacceptable, the branch shall either: (A) Designate another collateral contact; or (B) Ask a household to designate another collateral contact or to provide an alternative form of verification; or (C) Substitute a home visit. The branch shall be responsible for obtaining verification from acceptable collateral contacts. (f) Case files shall be documented to support eligibility, ineligibility, and benefit level determinations. Documentation shall be sufficiently detailed to permit a reviewer to determine the reasonableness and accuracy of the determination. Where verification was required to resolve questionable information the branch shall: (1) Document why the information was considered questionable; or (2) At a minimum, indicate where the inconsistency in the case file exists and what documentation was used to resolve the questionable information. The branch shall also document the reason why an alternate source of verification, such as collateral contact or home visit, was needed, and the reason a collateral contact was rejected and an alternate requested. (g) If documentary evidence of social security benefits is not readily available from the applicant, the branch shall verify the income through beneficiary §17-647-32 647-39 data exchange (BENDEX). The amount of social security benefits reported on the application shall be used to compute a household's eligibility and benefit level pending receipt of verification from BENDEX. (h) The branch shall have the option of verifying SSI benefit payments through the state data exchange (SDX) and BENDEX or through verification provided by the household. (1) The branch may also use SDX and BENDEX data to verify other food stamp eligibility criteria provided that: (A) The household is given an opportunity toverify the information from another source if the SDX or BENDEX information is contradictory to the household's information or is unavailable; and (B) Determination of a household's eligibility and benefit level shall not be delayed past the application processing time standards if the SDX or BENDEX data is unavailable. (2) The branch may use SDX and BENDEX data without a release statement from a household provided the branch makes the appropriate data request to SSA and the department executes any SDX and BENDEX data exchange agreement required by the SSA. The branch may access SDX on a need-to-know basis. (3) The department shall request wage information available from the Social Security Administration (SSA) under provisions of §6103(1)(7) of the Internal Revenue Code of 1954 or from the state agencies administering the state unemployment compensation (UC) laws under provisions of §303(d) of the Social Security Act. The department shall request wage data semiannually from SSA or quarterly from UC agencies. §17-647-32 647-40 (A) Information on earnings and benefits disclosed by SSA or UC agencies shall be used only for the purpose of: (i) Verifying a household's eligibility; (ii) Verifying the proper amount of benefits; (iii) Investigating to determine whether participating households received benefits to which they were not entitled; and (iv) Substantiating information which will be used in conducting criminal or civil prosecutions based on receipt of food stamp benefits to which participating households were not entitled. (B) The household shall be given the opportunity to verify information from another source if the SSA or UC data is contradictory to the information provided by the household or is unavailable. (C) Determination of the household's eligibility and benefit level shall not be delayed past the application processing time standards as stated in section 17-647-33. (i) Verification subsequent to initial certification shall be as follows: (1) At recertification, the branch shall require the household to verify the amount of legally obligated child support a household member pays to a nonhousehold member. The branch shall also verify changes in income or actual utility expenses if the source has changed or the amount has changed by more than $25 and medical expenses which were previously unreported or which have changed by more than $25. Branch shall not verify income, actual §17-647-33 647-41 utility expenses, or total medical expenses which have not changed or have changed by $25 or less unless the information is incomplete, inaccurate, inconsistent, or outdated. Other information which has changed may be veri- fied. Information which has not changed shall not be verified unless the information is incomplete, inaccurate, inconsistent, or outdated. Verification at recertification shall be subject to the same verification procedures as apply during initial certification; (2) Changes reported during the certification period shall be subject to the same verifi- cation procedures as apply at initial certification, except that the branch shall not verify changes in income, medical expenses, or actual utility expenses, unless the change is more than $25 or the information is incomplete, inaccurate, inconsistent, or outdated; and (3) For those households required to monthly report, the household shall verify gross nonexempt earned income, changes in unearned income, medical expenses, and any question- able information. [Eff 3/19/93; am 2/7/94; am 10/13/95; am 12/18/95 ] (Auth: HRS §346- 14) (Imp: 7 C.F.R. §273.2(f)) §17-647-33 Time limits on disposition of application. (a) The branch shall process all applications as quickly as possible. The branch shall determine a household's eligibility and shall provide an eligible household an opportunity to participate within thirty calendar days after the day the application was filed, except for residents of public institutions who apply jointly for SSI and food stamp benefits prior to release from the institution in accordance with chapter 17-655. An application shall §17-647-33 647-42 be considered filed the day the appropriate unit office receives an application containing the applicant's name and address, which is signed by either a responsible member of the household or the household's authorized representative. For residents of public institutions who apply for food stamps prior to their release from the institution, the branch shall provide an opportunity to participate within thirty calendar days from the date of release of the applicant from the institution. (b) An opportunity to participate shall consist of providing a household with an ATP card and having an issuance facility open and available for the household to obtain its allotment. If the ATP card is mailed, an opportunity to participate shall have been provided if the branch mails the ATP card at least two days prior to the expiration of the thirty-day standard and assures that the ATP card may be transacted before the thirty-day standard expires. For example, no opportunity to participate within the thirty-day standard shall be considered to have been given if the ATP card is mailed on the twenty-ninth or thirtieth day. Nor has there been an opportunity to participate if the ATP card is mailed on the twenty-eighth day, and no coupon issuance office is open on the twenty-ninth day so that coupons may be obtained. (c) Households applying for assistance after the fifteenth of the month who have completed the application process by providing all the required verifications within thirty days of the date of application, or within five days of the date of application for households eligible for processing under the expedited service provisions of subchapter 5, and who have been determined eligible to receive benefits for the initial month of application and the next subsequent month, shall receive the prorated allotment for the initial month of application and the first full month's allotment at the same time. Households for which missing verification or postponed verification have not been provided within the §17-647-33 647-43 specified timeframes as stated in this subsection shall not be entitled to the provisions of this subsection in receiving combined allotments for the initial month of application and the next subsequent month. However, households who are eligible for expedited services may receive benefits for the initial month under the verification standards as set forth in subchapter 5. Additionally, in accordance with chapter 17-681, benefits of less than ten dollars shall not be issued under the provisions of this subsection. (d) If an applicant household reports a change in its situation after it has been interviewed but before a disposition has been taken on the household's application, the branch shall consider the change reported by the household effective the date of application. For example, in the following situation where the date of application was May 6, the applicant household was interviewed on May 16 and the household reports an addition to the household on May 20, which was before any disposition was taken on the household's application, the branch shall include the new member into the household effective May 6 after all pertinent information have been obtained and verified for the new member. However, if a change is reported by the applicant household in a subsequent month after the month of application, the branch shall consider the change reported by the household effective the date of application or the first of the month in which the change took effect, whichever is later. For example, if the date of application was June 20, the applicant household was then interviewed on June 26, and household reports on July 2 that a new member moved in on June 29, the new member shall be added into the household composition effective June 20, the date of application. However, if the household reported the new member moved in on July 2, the new member shall be included into the household composition effective July 1, the first of the month in which the change took effect. §17-647-33 647-44 (e) A household which qualifies for the expedited service and a household considered destitute shall be certified on an expedited basis as specified in subchapter 5. [Eff 3/19/93; am 12/18/95 ] (Auth: HRS §346-46) (Imp: 7 C.F.R. §273.2(g)(1), (2))