1322 Verification Provisions - Verification is the use of documentary evidence, collateral contacts, or home visits to establish the accuracy of statements on the application.

 

1322.1 Mandatory Verification That Affects Eligibility for Program Benefits - The worker shall verify the following information prior to approval for clients initially applying:
 

  1. Gross Nonexempt Income - Gross nonexempt income shall be verified prior to approval. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate with the household and the worker, and all other sources of verification are unavailable, the worker shall determine an amount to be used based on the best available information.

    1. For TAF, Food Assistance, General Assistance and Child Care, the following earned income verification requirements are applicable:

      1. New employment - An employer statement (in writing or verbally) must be obtained providing information that verifies the following: date employment began, number of hours to be worked per pay period, pay rate, how often paid, day of week paid and date of first check. If applicable, the employer must provide information about the amount and frequency of tips, commission or bonuses.

        The client has the primary responsibility for providing this information. However, staff may also obtain this information by contacting the employer and documenting the information provided by the employer.

      2. Ongoing Employment - At the time of application, review, or interim report, the client must provide verification of the most recent 30 days of pay. Most recent pay is defined, at a minimum, as the pay most reasonably expected to be received prior to the submission of the application/review/Interim Report.

        Verification of pay received after the date of application/review/ Interim Report may also be used in determining the most recent 30 days of pay if provided by the applicant/recipient. If the client has not been employed 30 days, use all pay that is available and get an employer statement. If the client has missing pay verification, obtain information from the employer about the missing verification.

        Year-to-Date earnings on pay verification may also be used if the pay rate has not changed. (Again, the client has the primary responsibility for providing this information, but staff may obtain this information by contacting the employer.)

      3. Terminated Income - Verify the last day of employment and the date and amount of the last pay to be received for employment terminated in the month of application/review/or Interim Report or the prior month.

        For ongoing cases, verify terminated employment when it becomes known to the agency. Use prudent person judgment when deciding whether to verify terminated employment that was not reported and was not required to be reported per simplified reporting provisions.

       

      NOTE: The intent of these verification requirements is to prevent    payment errors. It is not the intent to be punitive to clients. Staff should work with and assist clients in obtaining the necessary verification. If the client refuses to provide the necessary verification, assistance may be denied. However, if the client tries to, but cannot obtain the necessary verification, and the employer will not provide the necessary verification, the agency shall not deny assistance. Rather the interim report/application/review/change shall be processed using all available verification. The case file must be documented to support the action(s) taken.

       

    2. Also refer to 7110 for rules regarding the prospective budgeting of earned income.

    3. In addition, elderly individuals requesting separate food assistance household status, as outlined in 4210 (4), are responsible for obtaining the cooperation of the others with whom they reside.

    4. For the GPCG program, only those children receiving assistance need to verify income if it is not excluded as outlined in 6410(4)

  2. Non-citizen Status - The worker shall determine from information on the application if clients identified as non-citizens are eligible non-citizens, as defined in 2140 and subsections, by requiring that verification be presented for each non-citizen person for whom assistance is requested.

    If the verification of non-citizen status is not provided for non-citizen client, that person shall be disqualified until the necessary verification of his/her status is provided. This requirement does not apply to non-citizens seeking emergency medical services coverage per 2691.

    Refer to 5200 (6) and 6100 (4) for treatment of income and resources for an non-citizen excluded from the program under this provision.

    Non-citizen applicants must be given a reasonable opportunity to submit documentary evidence of their eligible non-citizen status prior to any action being taken to reduce, deny, or terminate eligibility or benefit level. A reasonable opportunity shall be at least 10 days from the date of the agency's request for an acceptable document.

    If the 10-day period ends before the timely processing deadline and documentation has not been submitted, the applicant may not be approved until the documentation is submitted. If the 10-day period will end after the timely processing deadline and the household is otherwise eligible, benefits must be provided within normal or expedited time frames as appropriate.

  3. Social Security Numbers (Not Applicable to Child Care) - When an applicant who is required to apply for a Social Security number wishes to apply through the Social Security Administration, the individual shall be required to supply verification of application for the required SSN prior to the agency's certification of that individual unless the individual claims good cause. Refer to 2133.

    NOTE:
    A copy of the Social Security Card is not required and assistance cannot be denied for failure to provide the Social Security card when a number has been provided.

  4. Residency (Food Assistance Only) - The household's residency within the state must be verified. To the greatest extent possible, such verification of residency shall be accomplished in conjunction with other verification; for example, rent, or mortgage receipts, utility bills, or pay stubs containing the household's address. Any documents or collateral contacts which reasonably establish the applicant's residency within the county shall be accepted and no requirement for a specific type of document may be imposed.

    There is no durational residency requirement. In some unusual cases, proof of residence may be waived. Such cases may include homeless households, migrant farm workers who do not intend to establish permanent residency or other households that are new arrivals in the county.

  5. Identity (Not Applicable to Child Care) -

    1. For TAF and food assistance, the identity of the person making application shall be verified. If application is made by an authorized representative, his/her identity, as well as that of the person making application, shall be verified.

    2. For Medical and General Assistance, the identity of each person requesting coverage, who is claiming to be a U.S. citizen must be documented. See 2145.2. This requirement does not apply to the following individuals:

      • Current or former SSI recipients

      • Current or former Medicare beneficiaries

      • Current or former recipients of Social Security Disability benefits

      • Children in foster care or recipients of foster care maintenance

      • Children who are recipients of adoption assistance

      • Children born on or after July 1, 2006 to a Medicaid recipient as outlined in KFMAM 2320

      Identity for persons claiming to be non-citizens is accomplished through documentation provided under the requirements of KEESM 2146. All documents used to verify identity must be recorded on the ES-3850, Record of Identity and Citizenship, and retained in the case file indefinitely per KEESM 1711 (9). For persons exempt from the requirement due to SSI or Medicare status, verification of such status is required and is to be noted on the ES-3850.

      The Reasonable Opportunity to Provide Documentation requirements of 2145.4 are also applicable to requests for identity verification.

      Acceptable documents and the hierarchical protocol for obtaining acceptable documents are described in Appendix Item A-12 and as follows:
       

      1. Primary Document - a document that verifies both identity and citizenship (as described in 2145.2) and is further defined in Appendix Item A-12. The availability of a Primary Document shall be explored prior to using another identity document. A person born outside of the U.S. who is now a U.S. citizen, but was not a citizen at birth, must submit a Primary Document.
         

      2. Secondary Identity Document - a document that verifies identity only. The statement of the applicant/recipient that a Primary Document is not available is sufficient to seek a Secondary Document. However, if a primary document is not used, two different documents must be used to establish citizenship and identity.
         

      3. Additional Documents for Children Under Age 16 - Where Primary or Secondary documents are not available to verify identity, special documents may be used for children under 16.
         

      4. Declaration of Identity - As a final option, a written declaration may be used to establish identity for children under age 16 or disabled adults if no other documentation is available. If a declaration is used to establish citizenship it cannot be used for identity verification. Appendix Item P-7, Declaration of Identity for children and Appendix Item P-9, Declaration of Identity for Disabled Adults, may be used for this purpose. The EES Program Administrator/ HealthWave Clearinghouse manager must be approve the declaration. The person making the declaration must :

      • be a United States citizen,
         

      • sign the declaration under penalty of perjury in the presence of a witness, and
         

      • for children, must be the parent, legal guardian, or caretaker relative of the child;
         

      • for disabled adults, must be the director or administrator of a residential care facility where the individual resides.

      The signature of the parent, legal guardian, or caretaker relative made under penalty of perjury in the presence of a witness. When a declaration is used to establish identity, the original must be retained in the case file indefinitely.

      Any document which reasonably establishes identity shall be accepted and no requirement for a specific type of document, such as a birth certificate, will be imposed. If no such document is available, a collateral contact shall be made and documented in the case file.

      Multiple Documents – When none of the above items of identity are available, a consumer may submit three or more of the following documents as verification of identity:

      • employer identification cards

      • high school or college diplomas, including GED

      • marriage certificates

      • divorce decrees

      • property deeds/titles

      Multiple documents can only be used for identity if a second or third level of citizenship has been provided.
  6. Disability - Disability must be verified for persons requesting General Assistance (see 2314) and for persons to meet the definition of disabled for the Food Assistance Program. (Refer to the definition of disabled in the Appendix. The specific verification requirements follow each of the disability criteria.)
     
  7. Refusal to Cooperate With Quality Control (Food Assistance Only) - The worker shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with state quality control and who reapply after 95 days from the end of the annual review period. The worker shall also verify all factors of eligibility for households who have been terminated for refusal to cooperate with federal quality control and who reapply after seven months from the end of the annual review period. Refer to 2123. (The annual review period ends September 30th.)
     
  8. Reserved
     
  9. Resources - For food assistance, cash and medical, all trust funds and accounts, including IDA's and annuities, are to be verified by providing a copy of the actual trust instrument as well as any supporting information necessary to establish the availability of the trust (e.g., bank ledgers documenting the value of the trust and wills funding the trust). In addition, all real property (excluding the home in which the applicant/recipient resides), stocks, bonds, and non-exempt retirement funds must be verified.

    For MS, Working Healthy, QMB, LMB and QWD, all burial agreements and plans, life insurance, checking accounts, savings accounts, and other financial instruments must be verified prior to approval. Other resources, such as vehicles and resources involved in transfers of property, may be verified as the circumstances demand.

    For cash and food assistance, checking and savings accounts must be verified only if resources are close to the resource limit or if questionable.
     
  10. Relationship (TAF Only) - Verification of relationship or status to the child is required in all non-parental situations (i.e., grandparents, aunts, uncles, guardian/conservators, etc.). Failure to provide verification will result in ineligibility for the child (also see 2220). For purposes of this requirement, a birth certificate is the best available evidence.
     
  11. Citizenship (Medical and General Assistance Only) - Documentation of U.S. citizenship is required for each individual requesting Medical or General Assistance as described in 2145.2. Persons failing this requirement may be eligible for other program benefits such as TAF, Food Assistance and Child Care.

  12. BARI and BASI (Food Assistance Only) - The checking of BARI and BASI is required at the time of application, review and at the time of IR processing to determine if any adult household members have failed to report current earned income or the receipt of unemployment compensation.
 

1322.2 Mandatory Verification That Affects the Amount of Program Benefits - The following information shall be verified prior to a determination of the benefit amount for households initially applying. Failure to provide verification of these items is not grounds for denial, rather the application would be processed without allowing a deduction for the claimed expense.
 

  1. Utility Expenses (Food Assistance Only) - The household's utility expense shall be verified if the household is not entitled to the SUA or LUA and must claim the cost of one (or more) expenses per (7226.3 (4)).

    If the household's only expense is a telephone, verification is only required if questionable. See 1322.3 (4) for verification of entitlement to the utility standards.
     

  2. Medical Expenses - Medical expenses, used to meet spenddown or incurred by food assistance persons who are elderly or disabled (refer to definitions in the Appendix). The amount of any medical expenses (including the amount of reimbursement - food assistance only) shall be verified prior to initial approval.

    For medical, all medical expenses used against spenddown, client obligation or patient liability are to be verified including responsibility and amounts of third party payments. Expenses direct billed to the fiscal agent by the medical provider are considered verified but are subject to review by EES or HCP.
     

  3. Legal Obligation and Actual Child Support Payments (Food Assistance Only) - The worker shall verify 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. Also see 7225.

    The agency shall accept documents that verify the household's legal obligation to pay child support, such as a court or administrative order, divorce decree, legally enforceable separation agreement or documentation of the court order from KAECSES-CSE screens. (CSE always obtains a hard copy of the order prior to entering it on the system. To be acceptable, the order must be active, i.e., there is no end date reflected on the system.)

    Acceptable documentation verifying a household's actual payment of child support includes, but is not limited to, court receipts, wage withholding statements, verification of withholding from unemployment compensation, and the State CSE agency if the payments are being made to CSE. Also acceptable are statements from the custodial parent regarding direct payments or third party payments the noncustodial parent pays or expects to pay on behalf of the custodial parent.

    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.
     

    Households that fail or refuse to obtain necessary verification of their legal obligation or of their child support payments shall have their eligibility and benefit level determined without consideration of a child support deduction.
     

  4. BARI and BASI (Food Assistance Only) - The checking of BARI and BASI is required at the time of application, review and at the time of IR processing to determine if any adult household members have failed to report current earned income or the receipt of unemployment compensation.
     

1322.3 Verification of Questionable Information - The worker shall verify all other factors of eligibility prior to approval only if they are questionable and affect the household's eligibility or benefit level. To be considered questionable, the information on the application must be inconsistent with other information on the application or previous applications or inconsistent with information received by the agency. When determining if information is questionable, the decision shall be based on each household's individual circumstances. Also see 1310 and 1320.
 

  1. Household Composition - If questionable, the worker shall verify any factors affecting the composition of a household.

    1. A claim of separate food assistance household status from others residing at the same address shall be verified if considered questionable. If determined questionable, individuals who wish to be granted separate household status from those with whom they reside shall be responsible for completing the FP-1013, V030, Purchase and Prepare Statement, the appropriate section of the ES-3100 (page 3), or the ES-3100.1 (page 4). The Purchase and Prepare Statement if applicable, must be completed at approval, at the time of address change and at review, if household composition or purchase and prepare arrangement have changed since the last time the form was completed. See 9333.
       

    2. Elderly individuals requesting separate food assistance household status as outlined in 4210 (4) shall be responsible for providing a physician's statement that they cannot purchase and prepare their own meals, if that is questionable, and for obtaining the cooperation of the remaining household group
       

  2. Citizenship - (TAF, Food Assistance and Child Care) - When a household's statement that one or more of its members are U.S. citizens is questionable, the household shall be asked to provide acceptable verification. (See 2145.) If the household is unable to provide this verification, the member whose citizenship is questionable shall be excluded from participation until verification of his/her U.S. citizenship is provided. Refer to 6100 (4) and 5200 (6) for treatment of the income and resources of a person excluded under this provision.
     

  3. Resources - Other than as indicated in 1322.1 (9), resources are to be verified prior to approval only if inconsistent with other information on the application, previous applications, or other documented information, and the resource affects the household's eligibility or benefit level. Inconsistent resource information shall be identified in the case record with sufficient documentation and verification to support the agency's action in the event of appeal or for Quality Assurance review.
     

  4. Utility Standards - Entitlement to the Standard Utility Allowance, Limited Utility Allowance, or the Telephone Standard Allowance, per 7226.3, shall be verified if questionable.


  5. New Applicants - Moved to Kansas From Another State (Food Assistance Only) - If a new applicant in Kansas reports receiving food assistance benefits in another state, and the agency has reason to believe a household member is subject to a food assistance fraud disqualification, this is considered questionable, and must be verified via the Electronic Disqualified Recipient System (eDRS). Refer to 11270. A determination whether or not to apply the disqualification for fraud in Kansas must be evaluated prior to determination of eligibility. The provisions of the Computer Matching and Privacy Protection Act apply, see the procedures in 1434.

  6. Dependent Care Expenses (Food Assistance and TAF Only) - The obligation to pay dependent care is to be verified before the expense can be allowed, if questionable. For persons receiving Child Care Subsidy, the fact that a family share has been determined is adequate verification of the obligation. If the actual family out of pocket obligation is greater than the family share, the client must verify this additional expense, if questionable, before it may be used as an expense.

    For both TAF and food assistance, if appropriate verification of a questionable dependent care obligation is not provided, the expense can not be allowed. If verification of the questionable obligation is provided later, the verification is to be treated as a change in circumstances and the household's benefit level is to be rebudgeted with the updated verification. Also refer to 7211 (3) and 7224.

  7. Shelter Expenses (Food Assistance Only) - If questionable, the obligation for shelter expenses shall be verified at the time of initial approval, review and at the time of a change that increases benefits. Shelter expenses include but are not limited to, rent, mortgage (including second mortgages), lot rent, real estate taxes, and homeowner's insurance.

    If verification of the questionable cost may delay the household approval, the worker shall advise the household that eligibility and benefit level may be determined without providing a deduction for the claimed but unverified shelter expense obligation. If the expense cannot be verified within 30 days of the date of application, the agency shall determine the household's eligibility without providing a deduction for the unverified shelter expense.

    If the household has verified a portion of the actual shelter costs the worker shall use the actual verified amounts. If the household subsequently provides the missing verification during the review period, the household's benefit level shall be redetermined. The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the agency failed to allow the household 10 days to verify the expense. Any increase in benefits shall be provided the month following the month the missing verification is provided.

    If the shelter expense obligation is not questionable, the expense shall be allowed without verification.