10 CCR 2506-1-4.505 - VERIFICATION OF NON-FINANCIAL INFORMATION
A. Some
information received from sources other than the household are not considered
verified.
Such information shall be subject to independent verification prior to taking adverse action against a household's SNAP benefits during the certification period.
4.505.1
Verification of Identity
A. The identity of the person making an
application shall be verified. When an authorized representative applies on
behalf of a household, the identity of both the authorized representative and
the head of household shall be verified.
B. Identity may be verified through readily
available documentary evidence, or if this is unavailable, through a collateral
contact or through electronic information received from the Colorado Department
of Revenue, Division of Motor Vehicles (DMV). Acceptable documentary evidence
that the applicant may provide includes, but is not limited to, a driver's
license, a work or school ID, an ID for health benefits or for another
assistance or social services program, a voter registration card, wage stubs,
or a birth certificate. No requirement for a specific type of document, such as
a birth certificate or picture ID, may be imposed.
C. When obtaining an Electronic Benefit
Transfer (EBT) card, a household shall not be required to provide verification
beyond what was utilized to establish identity when determining SNAP
eligibility. This includes verification through a collateral contact.
4.505.2
Verification of Social Security Numbers (SSN)
A. All SSNs provided by the household,
including multiple SSNs issued by the Social Security Administration (SSA),
shall be verified through the SSA in accordance with the Income and Eligibility
Verification System (IEVS) procedures established by the State Department. The
State On-Line Query Internet (SOLQ-I) may also be utilized to verify an SSN.
Certification of an otherwise eligible household member shall not be delayed
verifying the SSN provided by the client. Household members who provide an SSN
shall not be denied benefits for failure or inability to present a social
security card or other official documentation. Eligibility determinations and
benefits will not be delayed to otherwise eligible households while awaiting a
response from the IEVS. For basic categorically eligible clients, the local
office shall accept SSNs as verified by the categorically eligible
programs.
B. When the local office
receives notification through the IEVS that a participant's SSN cannot be
verified or is otherwise discrepant, such as the name or number does not match
SSA records, the local office shall:
1.
Conduct a case record review to confirm that the SSN in the case record matches
the SSN submitted to the SSA for verification. If an error occurred in the
original submittal, such as digits transposed or an incorrect name submitted,
the local office shall correct the error and the SSN will be resubmitted
through the IEVS for verification.
2. If no error is identified as outlined in
1, above, the local office shall advise the household in writing that a
member's SSN could not be verified and instruct the household to contact the
local office to resolve the discrepancy. This notice shall not constitute
advance notice of adverse action.
3. The local office shall make every effort
to assist the household in resolving the discrepancy, including referral to the
appropriate SSA office and assisting the household in obtaining documents
available to the local office which may be required by the SSA.
4. Should the household or participant fail
or refuse to cooperate in resolving the discrepancy, the individual whose SSN
cannot be verified may be disqualified as having failed to provide an SSN until
such time as the household/participant cooperates, unless good cause exists.
Disqualification shall be effective the month following the expiration of the
notice of adverse action.
4.505.3
Verification of
Residency
A. Except for basic
categorically eligible households, residency shall be verified prior to
certification, except in unusual cases when verification cannot reasonably be
accomplished, such as for homeless households, some migrant farm worker
households, or households newly arrived to an area. Verification of residency
should be accomplished to the extent possible when verifying other information,
such as identity or income. Any documents or collateral contacts which
reasonably establish the applicant's residency must be accepted and no
requirement for a specific type of verification may be imposed.
B. If the eligibility technician and client
have made reasonable efforts to verify residency and it has proved impossible,
the household may be certified, if otherwise eligible. If an individual's
county residency cannot be verified, but the individual's Colorado residency is
not questionable, then the individual shall be certified if otherwise eligible
and not participating in another SNAP household.
C. The client may supply the verification
through driver's license, rent receipt, utility or other recently received
bill, voter registration, or similar means. If the client is unable to supply
documentary evidence, information may be obtained from a telephone or city
directory or detailed area map. If documentary evidence is not available, a
collateral contact, such as a landlord or neighbor, may provide verification.
In the absence of documentary evidence or collateral contact, a scheduled home
visit may be feasible.
4.505.4
Verification of Household
Composition
A. If questionable, the
local office shall verify any factors affecting the composition of a household.
The household's statement regarding food purchasing and preparation shall
generally be accepted because of the difficulty of verifying such
arrangements.
B. Individuals
described in Section 4.304, B, 4, declaring separate household status from
others in the household shall be responsible for providing necessary income
information of other household members and medical statements that the
individual(s) cannot purchase and prepare their own meals if questionable and
requested by the local office.
C. A
household that requests benefits for a child that is already receiving benefits
in another household is responsible for verifying that they provide the child
with most of his or her meals prior to receiving benefits for that child. When
determining the majority of meals for shared living arrangements, acceptable
documentation includes, but is not limited to: custody arrangements, school
enrollment forms, dependent care forms, a statement from each household, or any
other document that can reasonably be used to determine meals.
One household's written or verbal statement regarding its provision of more than fifty percent (50%) of the meals shall not be the only verification used when the statement results in removing a child from one SNAP household and placing the child in another SNAP household. A calendar completed by the household showing how many meals it provides a child shall be considered a written statement from the household. If both households that are requesting assistance for a child each provide a verbal or written statement regarding how many meals each provides, then both households' statements shall be used as verification to determine who provides more than fifty percent (50%) of the child's meals.
4.505.5
Verification of U.S.
Citizenship
A. If questionable, U.S.
citizenship may be verified by one of the following:
1. A U.S. birth certificate;
2. Possession of a U.S. passport;
3. A certificate of U.S. citizenship (INS
form N-560 or N-561);
4. A
certificate of naturalization (INS form N-550 or N-570);
5. A certificate of birth abroad of a citizen
of the United States (Department of State forms FS-545 or DS-1350);
6. Identification Cards for U.S. citizens
(INS-I-179 or INS-I-197); or,
7.
Information obtained through the Colorado Vital Information System
(COVIS).
B. If the above
forms of verification cannot be obtained and the household can provide a
reasonable explanation as to why verification is not available, the local
office shall accept a signed statement from a third party having personal
knowledge of the person's status and who declares, under penalty of perjury,
that the member in question is a U.S. citizen. The signed statement shall
contain a warning of the penalties for helping someone commit fraud.
4.505.51
Verification of Questionable
Citizenship
A. The following
guidelines shall be used in considering whether a client's statement of
citizenship is questionable:
1. The claim of
citizenship is inconsistent with statements made by the client.
2. The claim of citizenship is inconsistent
with information received from another source.
B. Application of the above criteria by the
eligibility technician must not result in discrimination based on race,
religion, ethnic background or national origin, and groups such as migrant farm
workers or American Indians shall not be targeted for special verification. The
eligibility technician shall not rely on a surname, accent or appearance that
seems foreign to find a claim to citizenship questionable. Nor shall the
eligibility technician rely on a lack of English speaking, reading, or writing
ability as grounds to question a claim to citizenship.
C. The member whose citizenship is in
question shall be ineligible to participate until proof of citizenship is
obtained, except as provided in Section 4.505.6, E. Until proof of citizenship
is obtained, the member whose citizenship is in question shall have his or her
income, less a prorated share, and all of his or her resources considered
available to any remaining household members.
D. The method used to document verification
of citizenship and the result of the verification shall be included in the case
record.
4.505.6
Verification of Non-citizen Status
A. All SNAP clients shall be notified on the
application form that the non-citizen status of any household member will be
subject to verification by the U.S. Citizenship and Immigration Service (USCIS)
through the submission of information from the application to the USCIS. The
information received from the USCIS may affect the household's eligibility and
level of benefits. The application shall contain a statement signed by an adult
representative from each household which attests, under penalty of perjury, to
citizenship or non-citizen status of each member.
B. The local office shall verify the
eligibility status of non-citizens by submitting the noncitizen registration
number through the USCIS Systematic Alien Verification for Entitlement (SAVE)
system. The office shall use the information from USCIS SAVE to determine
eligibility for benefits. The use of SAVE shall be documented in the case
record. If a non-citizen does not wish the office to verify his or her
immigration status, the local office shall give the household the option of
withdrawing its application or participating without that member.
C. The SAVE system will verify the alien
status of non-citizens. The use of SAVE shall be documented in the case record.
The record will contain the date that the primary or secondary request was
submitted, along with a copy of the Form G-845, as incorporated by reference in
section 4.000.1, when applicable, and any response to the request for
verification.
1. If the non-citizen status is
not verified in the primary SAVE verification process, a USCIS Form G-845 will
be submitted with a photocopy of the non-citizen's document to the Colorado
Refugee Service Program (CRSP).
2.
If the proper USCIS documentation is not available, the non-citizen may state
the reason and submit other conclusive verification. The local office shall
accept other forms of documentation or corroboration from the USCIS that the
non-citizen is classified pursuant to Section 207 (8 U.S.C. 1157),
Section 208 (8 U.S.C.
1158), or Section 243(h) (8 U.S.C.
1253(h)) of the Immigration
and Nationality Act, or other conclusive evidence such as a court order stating
that deportation has been withheld pursuant to Section 243(h) of the
Immigration and Nationality Act.
D. If a non-citizen is unable to provide any
USCIS document, such as an INS form I-94, the local office has no authority or
responsibility to contact the USCIS.
E. The local office shall provide an
applicant non-citizen up to the thirtieth (30th) calendar day following the
date of application to submit acceptable documentation of their non-citizen
status or at least ten (10) calendar days from the date of the local office's
request for an acceptable document.
F. A non-citizen who has been given a
reasonable opportunity to submit acceptable documentation and has not done so
within the normal processing time shall not be certified for benefits until
acceptable documentation is available, except as provided below. However, when
the local office fails to provide a non-citizen applicant with a reasonable
opportunity as of the thirtieth (30th) calendar day following the date of
application, the local office must provide the household with benefits back to
the date of application, provided the household is otherwise eligible. A
non-citizen is ineligible to participate until acceptable documentation is
provided, except as provided below:
1. The
local office has submitted a copy of a document provided by the household to
the USCIS or other federal agency for verification that bears on the
individual's eligible alien status. In such instances, the local office must
certify the individual for up to six (6) months from the date of the original
request for verification pending the results of the investigation. Pending such
verification, the individual's benefits will not be delayed, denied, reduced or
terminated based on the individual's immigration status while awaiting a
response to the request for verification.
2. The local office has submitted a request
to the SSA for information regarding the number of quarters of work that can be
credited to the individual; or SSA has responded that the individual has fewer
than forty (40) quarters, and the individual provides documentation from the
SSA that the SSA is conducting an investigation to determine if more quarters
can be credited. If the SSA indicated that the number of qualifying quarters
that can be credited is under investigation, the local office shall certify the
individual, pending the results of the investigation, for up to six (6) months
from the date of the original determination of insufficient
quarters.
G. If the
office determines that the documentation presented by the household is
questionable or the documents that are used to determine eligibility are not
issued by the USCIS, the office will use a secondary SAVE process. The
secondary verification process will also be used when primary verification is
not available through SAVE.
The secondary verification process will consist of submitting a photocopy of the documentary evidence presented, with form G-845, to the U.S. Citizenship and Immigration Service.
H. If the local office determines, after
complying with the requirements of this section, that the non-citizen is not in
an eligible alien status, the office shall take action, including sending
proper notices to the household, to terminate, deny or reduce benefits. The
household will have the opportunity to request a fair hearing prior to any
adverse action taking effect.
I. If
verification of eligible non-citizen status is not provided on a timely basis,
the household has the option of withdrawing its application or requesting that
the eligibility of the remaining household members be determined. The income
and resources of the individual whose non-citizen status is unverified shall be
considered available in determining the eligibility of the remaining household
members. If verification of eligible non-citizen status is subsequently
received the local office shall act on the information as a reported change in
household membership in accordance with timeliness standards. The non-citizen
shall not be entitled to retroactive benefits.
J. When any person in a household indicates
inability or unwillingness to provide documentary evidence of non-citizen
status, either for themselves or any other household member, the household has
the option of withdrawing its application or participating with the member in
question classified as an ineligible non-citizen. In such cases the local
office shall not continue efforts to obtain that documentary
evidence.
4.505.61
Verification of SSA Forty (40) Work Quarters
The SSA Quarters of Coverage History System (QCHS) is available for purposes of verifying whether a lawful permanent resident has earned or can receive credit for forty (40) qualifying quarters. If the individual does not have documentation, they cannot participate until verification of forty (40) quarters of work is received from either the SSA or the individual.
If the SSA determines that its existing records do not verify that an individual claiming forty (40) credits or quarters has the forty (40) credits or quarters and the individual believes the SSA records are not correct, the SSA will work with the individual to determine whether the additional credits or quarters can be established. The individual should be advised that they have the option of working with the SSA and that if they exercise this option and obtain a statement from the SSA indicating that the number of credits or quarters is under review, they can continue to receive SNAP benefits for up to six (6) additional months from the date of the original determination of insufficient quarters.
A. No such qualifying quarter of coverage
that is creditable under Title II of the Social Security Act for any period
beginning after December 31, 1996, may be credited to a non-citizen if the
non-citizen, parent of the non-citizen, or spouse of such non-citizen received
any federal means-tested public benefit during the period for which such
qualifying quarter of coverage is so credited.
B. The local office must evaluate quarters of
coverage and receipt of federal means-tested public benefits on a calendar year
basis. The local office must first determine the number of quarters creditable
in a calendar year, then identify those quarters in which the non-citizen (or
the parent(s) or spouse of the non-citizen) received federal means-tested
public benefits and then remove those quarters from the number of quarters of
coverage earned or credited to the noncitizen in that calendar year. However,
if the non-citizen earns the fortieth (40th) quarter of coverage prior to
applying for SNAP or any other federal means-tested public benefit in that same
quarter, the local office must allow that quarter toward the forty (40)
qualifying quarters total.
C.
Receipt of federal means-tested public benefit shall not include the following:
1. Medical assistance under Title XIX of the
Social Security Act (or any successor program to such Title) for care and
services that are necessary for the treatment of an emergency medical condition
(as defined in Section 1903(v)(3) of such Act) of the non-citizen involved and
are not related to an organ transplant procedure, if the non-citizen involved
otherwise meets the eligibility requirement for medical assistance under the
State Plan approved under such Title (other than the requirement of the receipt
of aid or assistance under Title IV of such Act, supplemental security income
benefits under Title XVI of such Act, or a state supplementary
payment)
2. Short-term non-cash,
in-kind emergency disaster relief.
3. Assistance or benefits under the National
School Lunch Act.
4. Assistance or
benefits under the Child Nutrition Act of 1966.
5. Public health assistance (not including
any assistance under Title XIX of the Social Security Act) for immunizations
with respect to immunizable diseases and for testing and treatment of symptoms
of communicable diseases whether or not such symptoms are caused by a
communicable disease.
6. Payments
for foster care and adoption assistance under Parts B and E of Title IV of the
Social Security Act for a parent or a child who would, in the absence of
Subsection (q), be eligible to have such payments made on the child's behalf
under such part, but only if the foster or adoptive parent (or parents) of such
child is a qualified alien (as defined in Section 431 of the Social Security
Act).
7. Programs, services, or
assistance (such as soup kitchens, crises counseling and intervention, and
short-term shelter) specified by the U.S. Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation with appropriate
federal agencies and departments, that:
a.
Deliver in-kind services at the community level, including through public or
private nonprofit agencies,
b. Do
not condition the provision of assistance, the amount of assistance provided,
or the cost of assistance provided on the individual recipient's income or
resources, and,
c. Are necessary
for the protection of life or safety.
8. Programs of student assistance under
Titles IV, V, IX, and X of the Higher Education Act of 1965.
9. Means-tested programs under the Elementary
and Secondary Education Act of 1965.
10. Benefits under the Head Start
Act.
11. Benefits under the
Workforce Investment Act.
4.505.7
Verification of Non-citizen
Sponsorship
A. The local office shall
verify the following information at the time of initial application and
recertification:
1. The income and resources
of the non-citizen's sponsor and the sponsor's spouse (if living with the
sponsor) at the time of the non-citizen's application for SNAP.
2. The names and alien registration numbers
of other non-citizens for whom the sponsor has signed an affidavit of support
or similar agreement.
3. The number
of dependents who are claimed or who could be claimed for federal income tax
purposes of the sponsor and the sponsor's spouse.
4. The name, address, and phone number of the
non-citizen's sponsor.
B.
Until the non-citizen provides information or verification necessary to
determine eligibility, the sponsored non-citizen shall be ineligible. When such
verification is provided, the local office shall act on the information as a
reported change in household circumstances.
C. The eligibility of any remaining household
members shall be determined. The income and resources of the ineligible
non-citizen, excluding the attributed income and resources of the non-citizen's
sponsor and sponsor's spouse, shall be considered available in determining the
eligibility and benefit level of the remaining household members.
If the sponsored non-citizen refuses to cooperate in providing and/or verifying needed information, other adult members of the non-citizen's household shall be responsible for providing and/or verifying the information. If the information or verification is subsequently received, the local office shall act on the information as a reported change. If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as the needed information is verified. The local office must assist the non-citizen in obtaining verification provided the household is cooperating with the local office.
4.505.8
Verification of Disqualified
Member Data
At the time of application and when adding a new member to a SNAP household, the office shall verify data with the national IPV/disqualification database for all household members aged eighteen (18) or older to determine if any members have an active IPV / disqualification from another state which requires a portion, or the entirety of, the disqualification period to be served in Colorado. Application processing shall not be delayed while awaiting verification from another state.
The local office shall ensure that:
A. Disqualifications from another state due
to a drug-related felony, as defined in
7 C.F.R.
273.11(m), which is
incorporated by reference in section 4.100, above, or any other
disqualification that is not pursued in Colorado due to a waiver or state
statute shall not be acted upon;
B.
IPVs/disqualifications from another state must be independently verified with
the originating state prior to taking any adverse action against a household's
SNAP benefits, if the client is unable to attest to the accuracy of the
disqualification;
C. States shall
be given twenty (20) calendar days to respond to a request for verification. If
verification cannot be provided by the other state, then the disqualification
shall not be acted upon. Local offices shall be given twenty (20) calendar days
to respond to another state's request of obtaining verification of a Colorado
IPV. If the local office cannot provide verification, then steps shall be taken
to remove the IPV from the national database.
D. Once independent verification is received,
advance notice of adverse action shall be granted prior to benefits being
reduced, suspended, denied, or terminated; and,
E. The disqualified individual shall be
provided an opportunity to appeal any adverse action.
If benefits are issued by the local office to an individual while awaiting verification of an IPV disqualification, the benefits issued while awaiting such verification may be reclaimed by the local office if it is determined that the individual was disqualified from the program at the time the benefits were issued.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.