(A)What is
verification?
(1)"Verification"
is a document or statement from a third party or collateral contact that
confirms statements made by the assistance group regarding need and/or a
specific eligibility factor.
(2)Verification
establishes that the factors of eligibility are met and the assistance group is
eligible to receive benefits under the program. Verification is not an
eligibility requirement in its own right, but a method for assuring that an
eligibility requirement is met.
(3)A telephone
contact may be made by the county agency to secure verification. Written
consent from the assistance group is necessary unless an exception described in
rule 5101:1-1-03 of the Administrative Code is met. The following information
shall be included:
(a)The name and
telephone number of the person who gave the information;
(b)The name of
the agency or business contacted, when appropriate;
(c)The date of
the contact; and
(d)An accurate
summary of the information.
(B)What is
required to be verified?
(1)All
eligibility factors required to establish initial and continuing eligibility
and items subject to change shall be verified at the time of application,
reapplication and when a change in circumstances occurs in the assistance
group. A change in circumstances includes the discovery of a discrepancy in income
and a change in income amounts.
(2)All income of
a member of the assistance group and any person whose income affects the
assistance group must be verified.
(C)What happens
when verifications are not received?
(1)It is the
assistance group's responsibility to provide the information necessary to
establish eligibility.
(2)When the
assistance group is aware of the requirements of verification but refuses to
provide both consent and necessary verification, the county agency shall deny
or terminate assistance as eligibility cannot be established.
(3)Assistance may
not be terminated when the assistance group refuses to cooperate in validating
past eligibility because past eligibility has no bearing upon present need and
eligibility.
(4)The assistance
group may not be compelled to cooperate in giving testimony or records that may
prove guilt of a crime because of protections of the Fifth Amendment to the
Constitution of the United States.
(D)When is
verification not required?
(1)When the
assistance group's own statement on the application establishes that the
assistance group is ineligible for cash assistance, verification is not
required. The county agency shall confirm the statement on the application to
assure it was an accurate statement and not a mistake in completing the form.
(2)Verification
of earned or unearned income is not necessary when the assistance group either
alleges no income or employment in the current period and there is no reason to
question the statement, or the assistance group reports earnings sufficiently
high to make them clearly ineligible for benefits.
(3)Verification
is not required when some other factor of eligibility, such as age or
citizenship, is clearly not met.
(E)What are the
county agency's responsibilities?
The county agency shall:
(1)Explain what
verifications and information are necessary to establish eligibility for cash
assistance programs. Explain where and how to obtain the required
verifications.
(2)Assist in
securing all the required verifications necessary to establish eligibility when
the assistance group requests such assistance because of an inability to
provide them without the agency's help.
(3)Obtain the
verifications when the assistance group is not financially able or is not competent
to secure them. This shall not be interpreted as noncooperation, nor shall it
be used to deny assistance.
(4)The JFS 07341
"Applicant/Recipient Authorization for Release of Information" (rev. 4/2004) shall be obtained each time verification
of an eligibility factor is required.
(a)Verification
of information from public records does not require written consent.
(b)Verification
need be obtained only once when the eligibility factor is not subject to
change.
(F)How is
verification handled between reapplications?
(1)The county
agency shall pursue clarification and verification of the assistance group's
circumstances by issuing the JFS 04219 "Request for Contact Important
Notice" (rev. 11/2016) or the statewide
automated eligibility system generated equivalent, that clearly advises the
assistance group of the verification it shall provide or the actions it shall
take to clarify its circumstances.
(a)The JFS 04219
or the statewide automated eligibility system generated equivalent shall afford
the assistance group at least ten days to respond and to clarify its
circumstances, either by telephone or by correspondence, as the county agency
directs. It shall further state the consequences when the assistance group
fails to respond to the county agency.
(b)When the
assistance group does not respond to the county agency, or does respond but
refuses to provide sufficient information to clarify its circumstances, the
county agency shall terminate the cash assistance case.
(c)When the
assistance group responds to the county agency and provides sufficient
information, the county agency shall act on the new circumstances and adjust
the budget accordingly.
(G)What happens
when verification is not available or there is a discrepancy?
(1)When
verification is not available through no fault of the assistance group, the
determination is based on the best possible evidence.
(2)Where
information from another source contradicts statements made by the assistance
group, the assistance group shall be afforded a reasonable opportunity to
resolve the discrepancy prior to an eligibility determination.
(3)In situations
that there is no available verification, the county agency shall not deny or
terminate the case but shall accept a signed affidavit, a third-party
statement, notarized statement, or the statement on the application as
verification when the information is consistent with other facts and
statements.
(4)When the
statement provided is incomplete and/or inconsistent and the assistance group
is unable to clarify the statement, the county agency shall deny or terminate
the case as eligibility cannot be established.
(5)The county
agency shall exhaust all possibilities for verification before accepting these
statements. The use of a statement shall be on a case-by-case basis. This
approach shall not be used for the sole purpose of meeting the promptness
requirement of rule 5101:1-2-01 of the Administrative Code.
(6)Homeless and
migrant assistance groups may not have easy access to required verifications
that may exist. In order to ensure that these assistance groups do not
experience a lengthy delay in receiving Ohio works first (OWF) or refugee cash
assistance (RCA) benefits, the following procedures shall be followed:
(a)Once the
homeless or migrant assistance group has submitted verification of identity,
the county agency shall approve the application for assistance when the
assistance group appears to meet eligibility criteria based on statements on
the application or a signed affidavit, and the best evidence available.
(b)The county
agency shall attempt to obtain verification of all other eligibility factors by
the next reapplication. When the verifications cannot be obtained by the next
reapplication, the county agency shall continue the attempt and document in the
case record.
(7)The methods
used for verification shall be thoroughly documented in the case record. All
documents submitted to the county agency shall be photocopied and retained in
the case record.
(H)What are the
assistance group's change reporting requirements and the time frames?
(1)The following
changes shall be reported within ten calendar days of the date that the change
occurs for OWF, or RCA assistance groups:
(a)Change in the
source of earned and unearned income. This includes new employment, loss of
employment, changing of jobs and initial receipt of unearned income;
(b)Change in the
amount of gross monthly income of more than fifty dollars;
(c)Changes in
the legal obligation to pay child support;
(d)Change in the
assistance group composition;
(e)An assistance
group member becomes pregnant, or a pregnancy ends when there are no other
children;
(f)Change in
residence;
(g)Withdrawal
from school for individuals subject to the learning, earning and parenting
program requirements;
(h)Change in
address, job or other information related to an absent parent;
(i)Change in
living arrangement for a minor parent;
(j)An
assistance group member violates a condition of his probation or parole or
becomes a fugitive felon.
(2)The county
agency shall use the time frame provisions described in paragraph (M) of rule
5101:1-2-01 of the Administrative Code when calculating the ten day reporting
time period.
Effective: 10/1/2020
Five Year Review (FYR) Dates: 6/25/2020 and 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
Promulgated Under: 119.03
Statutory Authority: 5101.02, 5101.49, 5107.05
Rule Amplifies: 5101.02, 5107.05
Prior Effective Dates: 10/01/1975, 09/01/1982, 08/01/1986
(Emer.), 10/03/1986, 10/01/1987 (Emer.), 12/24/1987, 04/01/1988 (Emer.),
06/30/1988, 10/01/1988 (Emer.), 12/20/1988, 03/01/1989 (Emer.), 05/28/1989,
10/01/1991 (Emer.), 12/20/1991, 05/01/1997, 07/01/1998, 07/01/2000, 07/01/2001,
11/01/2002, 12/01/2006, 04/01/2010, 07/01/2015, 10/01/2016, 09/01/2018