(A) What is
verification?
(1) "Verification"
is a document or statement from a third party or collateral contact which 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 set forthdescribed in
rule 5101:1-1-03 of the Administrative Code is met. The following information must 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, if 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 must 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 which 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 if 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 if 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. 4/201011/2016)
or the statewide automated eligibility system generated equivalent, which that clearly
advises the assistance group of the verification it must
shall provide or the actions it must 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 if 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 in whichthat 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 if 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 must 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) and 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 if 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 must shall be
reported within ten calendar days of the date that the change occurs for OWF, disability financial assistance (DFA)and 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 following changes must be reported
within ten calendar days of the date that the change occurs for a DFA assistance
group:
(a) Change in the amount of resources if
the total for the family group equals or exceeds one-thousand dollars;
(b) Receipt of non-recurring lump-sum
payment;
(c) Change in the status of an application
with the social security administration (SSA) for social security disability
insurance (SSDI) and/or supplemental security income (SSI), including but not
limited to when:
(i) The application is approved or denied
by the SSA;
(ii) The assistance group files an
administrative appeal of a denial with the SSA; or
(iii) The assistance group receives any
decision regarding an administrative appeal from the SSA.
(3)(2) The county agency shall use the time frame
provisions set forthdescribed
in paragraph (M) of rule 5101:1-2-01 of the Administrative Code when
calculating the ten day reporting time period.
(I) Interim reporting
OWF and DFA assistance groups in receipt
of food assistance benefits and subject to the twelve or twenty-four month
reapplication as set forth in rule 5101:1-2-10 of the Administrative Code,
shall be required to submit an interim report to the county agency. The interim
report will provide the county agency with updated information on the
assistance group's circumstances.
(1) For assistance groups subject to the
twelve-month reapplication and in receipt of food assistance benefits, the
following policy is applicable;
(a) An interim report shall be sent to the
assistance group during the fifth month through the statewide automated
eligibility system.
(b) The county agency shall propose
termination for an assistance group who fails to return the interim report by
the twenty-first day of the fifth month.
(c) The county agency shall reopen an
assistance group that has been proposed for termination, without requiring a
new application when the assistance group returns the interim report during the
sixth month.
(2) For assistance groups subject to the
twenty-four month reapplication and in receipt of food assistance benefits, the
following policy is applicable:
(a) An interim report shall be sent to the
assistance group during the eleventh month through the statewide automated
eligibility system.
(b) The county agency shall propose
termination for an assistance group who fails to return the interim report by
the twenty-first day of the eleventh month.
(c) The county agency shall reopen an
assistance group that has been proposed for termination, without requiring a
new application when the assistance group returns the interim report during the
twelfth month.
(3) The county agency shall reopen an
assistance group that has been terminated, without a new application when the
assistance group returns the interim report within thirty days of the closure
date. The county agency shall prorate the assistance group's benefits beginning
the day the report was returned. The assistance group has the option to refuse
the pro-rated benefit.
Effective: 9/1/2018
Five Year Review (FYR) Dates: 7/1/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 08/20/2018
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