EES Policy No. 21-02-02

RE: Unclear Information & Lottery and Gambling Winnings – Food Assistance

Policy Memo

Contact Persons: Janelle Harper

From:  Sandra Kimmons

KEESM Reference: 9121.2; 9122.1; 9122.8; 9124

Date:  February 24, 2021

 Other:

Primary DCF Areas Affected: Food Assistance

Where Posted on Web: http://content.dcf.ks.gov/ees/KEESM/
Policy Memo/policy_memo_list.htm

Unclear Information – Food Assistance

During the certification period, information on household circumstances may be received that requires verification in order to determine a household’s continued eligibility for Food Assistance. Unclear information can be either not verified or verified but still requiring additional information to act on it.

How to act on a change that is known to the agency that is unclear information. The only time information is requested for unclear information is if the information:

  1.   Is something the household was required to report based on simplified reporting (KEESM 9122.1) AND is less than 60 days old based on the current month of participation; or

  2. Significantly conflicts with the information used to certify the household (meaning the information used to determine eligibility was incorrect); or

  3. If the information is from a deceased or prisoner data match KEESM 1436

If the information does not meet this criteria it is to be held until the next IR or Review.

Unclear information will be processed as follows:

  1. If the unclear information is received outside of the review process and is less than 60 days old from the current month of participation and would have met the requirements for a reportable change, as specified in Simplified Reporting (KEESM 9122.1), then a request for verification shall be sent which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond.

    Failure to respond will result in a notice of adverse action to close the case and advise the household it may be required to submit a new application if it wants to continue to participate in the Food Assistance Program.

  2. If the unclear information significantly conflicts with the information used by DCF staff to determine eligibility at the time of certification, then a request for verification shall be sent which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond.

    Failure to respond will result in a notice of adverse action to close the case and advise the household it may be required to submit a new application if it wants to continue to participate in the Food Assistance Program.

  3. If the unclear information is received as a result of a data match with the prisoner verification system or the deceased matching system, then a request for verification shall be sent which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond.

    If the household fails or refuses to respond, this will result in the removal of the subject individual and the individual's income from the household and benefits will be adjusted accordingly. A notice of adverse action must be sent to the household, the only exception is if it’s a one-person household or all members of the household are deceased.

  4. If the unclear information does not meet the criteria for numbers 1 - 3, above, staff may send a general correspondence notice to pursue additional information or verification by requesting such information from the household. 

    A request for voluntary information through a general correspondence notice may not terminate the case or decrease benefits.If information is not returned by the household it is to be addressed at next Interim Report or Review.

Most information that is received will not meet the criteria of unclear information. Information verified by other programs is not considered unclear.

Please refer to the flowchart in Appendix P-2 for the process on Responding to Unclear Information During the Certification Period.

If information is received for another program (TANF, CC) AND verified, the agency may take appropriate action. If information for another program is requested and not verified or is unclear, negative action cannot be taken on the Food Assistance case. The request for verification notice to the household for other programs for a change that should not impact the Food Assistance case must be noted after the Rights and Responsibilities section on the NOA that “if you fail to submit this information TANF and/or CC will close. The agency will not take negative action on your Food Assistance case for failure to provide this information.” This language can be found in the KEES User Manual.

Returned Mail – Food Assistance

For Food Assistance the agency may ask for further information if mail is returned, however if the household does not respond that is considered unclear information and cannot be acted on until next IR or Review. The household is not required to report shelter expenses or living arrangement/household composition change unless it meets one of the simplified reporting requirements. If mail is returned at Interim Report or Review the case will discontinue for failure to complete/return Review or IR, do not close the case due to returned mail. If the household does contact the agency act on reported information appropriately.

Whereabouts Unknown

For Food Assistance, the agency may not take negative action for whereabouts unknown. This type of information needs to be noted in the case journal and be addressed at next IR or Review.

Information considered Verified Upon Receipt

For Food Assistance information that is considered verified upon receipt is acceptable clear information and must be acted on.

  • SDX, from SSA for income
  • BENDEX, from SSA for income
  • SAVE, from USCIS
  • Unemployment Compensation, from Department of Labor
  • Child Support
  • Worker’s Compensation

Information that is unclear, not required to be reported per simplified reporting requirements, not considered verified upon receipt and more than 60 days old since certification is to be held until next Interim Report or Review whichever comes first.

Unclear Information Question and Answers:

  1. Food assistance case is approved 11/2018 thru 10/2019. The eligibility worker receives an email from the EBT unit on 7/19/19 asking the eligibility worker to verify Kansas residency due to EBT transaction history indicates EBT transactions have been occurring exclusively out of state in Wyoming. A request for information for state residency is not to be sent because this information is unclear, the information is more than 60 days old from certification, it is not a simplified reporting requirement and is to be addressed at the next IR or Review.

  2. Philip receives Food Assistance and TANF. We receive information that in March Philip was hired at Kwik Trip in December. Although we aren’t certain if Philip would have to report this change, this information is unclear, we do know the information is over 60 days old. The worker will document in the journal to address the information at the next IR or Review. If these new wages are verified by another program appropriate action can be taken on the Food Assistance case. The agency does request verification of wages for TANF. The information is not received, Food Assistance cannot be discontinued for failure to provide or for returned mail.

  3. Client is participating in Work Programs. Client reports to their WP Case Manager new employment, wages $7.50 per hour working 20 hours per week. If wages are verified by another program it is considered clear information and can be acted on for the FA case. If requesting wages for another program the notice must clearly state “if you fail to submit this information TANF and/or CC will close. The agency will not take negative action on your Food Assistance case for failure to provide this information.” If there are no other programs and this income does not put the household over the 130% threshold it is considered unclear information and verification may not be requested and should be noted in the journal and acted on at next IR or Review.

Processing Reported Changes That Are Required to be Reported –9122.8 1. d.

Lottery and Gambling Winnings – When a simplified reporting household reports they received substantial lottery or gambling winnings staff must take prompt action to verify the information and begin case closure procedures due to substantial winnings.