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 TANF, Food 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.

    5. For food assistance and TANF only, TALX must be checked for unreported income for persons between the ages of 18 and 65at the time of application, review and IR. TALX does not need to be checked for persons who receive SSI or Social Security Disability. Also see 9122.6 and 9333.

  2. Non-citizen Status - The worker shall determine from information on the application if individuals identified as non-citizens are eligible non-citizens, as defined in 2140 and subsections.

    All Programs – The agency shall require that verification be presented for each non-citizen individual for whom assistance is requested.

    If the verification of non-citizen status is not provided for the applicant, that individual shall be disqualified until the necessary verification of his/her status is provided.

    Refer to 5200 (6) and 6100 (4) for treatment of income and resources for a 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 period 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 Kansas 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 Kansas.

  5. Identity - For TANF, child care and food assistance, the identity of the person making application and any other adult in the assistance household shall be verified. In addition, if application or review is made by an authorized representative, his/her identity shall be verified. The identity of any adult who later enters the assistance household shall be verified. Check at review to establish that identity is verified for all adult members.

  6. Disability - Disability must be verified for persons to meet the definition of disabled for the Food Assistance Program. (Refer to the definition of disabled in Appendix item X-6. 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 125 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. Hours Worked by an ABAWD - Work hours shall be verified and documented for persons subject to the ABAWD time limit of 2520 who are satisfying the ABAWD work requirement by working 20 hours per week (averaged monthly).
     
  9. Resources -

    1. For food assistance, cash, and child care assistance, 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.

    2. For cash, child care, and food assistance, checking and savings accounts must be verified only if resources are close to the resource limit or if questionable.

    Note: The balance of a Direct Express electronic debit account used for the deposit of federal benefits (Social Security, SSI, VA, Civil Service Annuities) need not be verified if the only monies in the account are from Social Security or SSI benefits, or the value of all countable resources, including the account, are not within $300 of the applicable resource limit.
     

  10. Relationship (TANF Only) - Verification of relationship or status to the child is required in all non-parental situations (i.e., grandparents, aunts, uncles, guardian/conservators, etc.). Applicants will be allowed up to 90 days from the date of the application to provide verification of relationship as long as a bona fide effort is being made. 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 -

    Child Care and TANF - Documentation of U.S. citizenship is required for each individual for whom child care and/or TANF is requested when identified as a U.S. citizen on their application. Refer to 1322.1 (2) for verification requirements for those who are identified as non-citizens on their application. Persons failing this requirement may be eligible for Food Assistance.

    The agency will consider citizenship to have been verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care/TANF file. The agency shall make every effort to verify citizenship through available resources.

    If the agency is unable to verify citizenship, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period.

    Note: Verification of citizenship may be requested directly from the client during the application process, but assistance will not be terminated at the end of the reasonable opportunity period unless the agency has exhausted all efforts to obtain that verification through available resources and the client has failed to respond to the request for verification.

  12. BARI and BASI (Food Assistance and TANF 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 aged 18-65 have failed to report current earned income or the receipt of unemployment compensation. BARI/BASI does not need to be checked for persons getting SSI or Social Security Disability.

  13. School Enrollment (TANF Only)- A child, age 7 through 18, must be enrolled in school, including a home school that is registered with the Kansas Department of Education. Ineligibility for the entire household will exist if a child in the home is not enrolled in school. Verification must be completed at application and at review.

    The application can be processed if the family indicates the child will be enrolled when the first opportunity arises in the following situations:

    The agency will need to follow-up and if the child is not enrolled at the start of the school year, or first available time for orientation, the TANF case is ineligible and the case is to be closed, allowing for timely and adequate notice.

  14. Date of Birth (Child Care Only) - Documentation of date of birth is required for each child for whom child care assistance is requested.

    The agency will consider a child’s date of birth to be verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care/TANF file. The agency shall make every effort to verify a child’s date of birth through available resources.

    If the agency is unable to verify a child’s date of birth, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period.

    Note: Verification of a child’s date of birth may be requested directly from the client during the application process, but assistance will not be terminated at the end of the reasonable opportunity period unless the agency has exhausted all efforts to obtain that verification through available resources and the client has failed to respond to the request for verification.
 

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 expense incurred by food assistance persons who are elderly or disabled (refer to definitions in  Appendix item X-6). The amount of any medical expenses shall be verified prior to initial approval.

    For food assistance, if the elderly or disabled household member is entitled to the Standard Medical Deduction at initial certification, the household must verify one allowable expense (or a combination of expenses) greater than $35. If the elderly or disabled household member with expenses over $175 chooses to use actual medical expenses instead of the standard, then all medical expenses must be verified. Also see 7223.
     

  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 (if not averaging payments per 7225), 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-CSS screens. (CSS 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.) The KPC system can also be used as verification there is a court order and the monthly amount of child support actually being paid. It cannot be used as verification of the amount of the obligation, so if payments are just starting and the deduction needs to be prospectively budgeted, the household will have to provide proof of the amount of the obligation.

    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 CSS agency if the payments are being made to CSS . 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. KPC is also acceptable for verifying the household’s actual payments.


    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 and TANF 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 Form ES-3117, Purchase and Prepare Statement. 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 - (Food Assistance Only) - 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. Dependent Care Expenses (Food Assistance and TANF 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 TANF and food assistance, if appropriate verification of a questionable dependent care obligation is not provided, the expense cannot 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.

  6. 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, homeless shelter expense, 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.

  7. Crime Attestation - If an individual is convicted of a crime listed in KEESM 2553 and verbally confirms that they are complying with the terms of their sentence, they may be eligible for Food Assistance. If information is questionable, verification of the crime conviction and compliance with the sentence is needed. In this situation the case cannot be pended awaiting verification or denied for failure to provide verification.