N.Y. Comp. Codes R. & Regs. tit. 18 § 387.8

Current through Register Vol. 46, No. 18, May 1, 2024

Section 387.8 - Application process

The application process includes completing and filing an application form, being interviewed, and having certain information verified and processed in a manner appropriate to the household's needs.

(a) Expedited service.

(1) The following households meet the criteria for expedited processing of their SNAP application:

(i) Households with less than $150 in monthly gross income as computed by SNAP requirements, provided their liquid resources (i.e., cash on hand, checking or savings accounts, savings certificates, and lump sum payments) do not exceed $100;

(ii) Migrant or seasonal farm worker households which are destitute households as defined in section 387.1 of this Part, provided their liquid resources (i.e., cash on hand, checking or savings accounts, savings certificates, and lump sum payments) do not exceed $100; and

(iii) Households whose combined monthly gross income and liquid resources are less than the households' monthly rent or mortgage and utilities (including a standard utility allowance , as appropriate, in accordance with section 387.12 of this Part).

(2) Benefits shall be issued to SNAP-eligible households who meet the criteria for expedited processing of their SNAP application according to the following standards:

(i) For all SNAP-eligible households who meet the criteria for expedited processing as set forth in paragraph (1) of this subdivision, SNAP benefits must be made available to the household as soon as practicable but no later than the seventh calendar day following the day the application was filed.

(ii) Households who may meet the criteria for expedited processing include, but are not limited to, residents of shelters for battered women and children, households entitled to a waiver of the office interview, residents of drug addiction or alcoholic treatment and rehabilitation centers, residents of group living facilities, homeless individuals and residents of facilities for the homeless. However, such households must meet the requirements for expedited service set forth in paragraph (1) of this subdivision.

(3) An expedited verification process shall be used in the certification of applications processed on an expedited basis.

(i) In all cases, the applicant's identity shall be verified through a collateral contact or readily available documents .

(ii) All reasonable effort shall be made by the social services district to verify, within the expedited time standards, the household's residency, income status, liquid resources and all other factors required in this Part through collateral contacts or readily available documentary evidence. However, benefits shall not be delayed beyond the expedited time standard solely because these eligibility factors have not been verified. Households who meet the criteria for expedited processing of their SNAP application will be asked to either furnish a social security number (SSN) for each person, to apply for an SSN for each person, or to otherwise fully cooperate with the process for applying and obtaining an SSN before the second full month of participation. Households with a newborn infant may have up to six months following the month the baby was born to supply an SSN or proof of application for an SSN. The applicant shall comply with the work registration requirements detailed in section 385.3 of this Title, unless the applicant is exempt or the household has designated an authorized representative.

(b) Verification and documentation. Verification and documentation are required to establish the accuracy of the statements or information contained in the application. Verification is accomplished through the use of documentation or a contact with a third party to confirm the accuracy of the statements or information provided by households. The social services district must give households at least 10 calendar days following the date of the application interview and notification of outstanding documentation to provide required verification.

(1)

(i) Mandatory verification. The following information shall be verified prior to certification for households initially applying:

(a) Gross non-exempt income. Gross non-exempt income shall be verified for all households prior to certification. 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 social services district, and all other sources of verification are unavailable, the eligibility worker shall determine an amount of income to be used for certification purposes based on the best available information.

(b) Alien eligibility. The social services district must verify the qualifying status of applicant aliens as outlined in section 387.9 of this Part. If an alien declines to provide the social services district with his/her consent to contact United States Citizenship and Immigration Services (USCIS) to verify immigration status, the household must be given the option of withdrawing its application or participating without that member.

(c) Medical expenses. For households with any members who are age 60 or older or disabled, the amount of any medical expenses (including the amount of reimbursements) deductible under section 387.12 of this Part shall be verified, prior to initial certification, before the household can receive a deduction for those expenses. Verification of other factors, such as the permissibility of services provided or the eligibility of the person incurring the cost, shall be required if questionable.

(d) Social security numbers. The social services district shall verify the SSNs reported by the household by submitting them to the Social Security Administration (SSA) for verification according to procedures established by SSA. The social services district shall not delay the certification for or issuance of benefits to an otherwise eligible household solely to verify the SSN of a household member. Once an SSN has been verified, the social services district shall make a permanent annotation to its file to prevent the unnecessary reverification of the SSN in the future. The social services district shall accept as verified an SSN which has been verified by another program participating in the Income Eligibility Verification System (IEVS). If an individual is unable to provide an SSN or does not have an SSN, the social services district shall require the individual to submit Form SS-5, Application for a Social Security number, to the SSA. A completed SSA Form 2853 shall be considered proof of application for an SSN for a newborn infant.

(e) Residency. The residency requirements of section 387.9 of this Part shall be verified except in unusual cases (such as homeless households, some migrant farm worker households, or households newly arrived in a project area) where verification of residency cannot reasonably be accomplished. Documents used to verify other factors of eligibility should normally suffice to verify residency as well. 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. No durational residency requirement shall be established.

(f) Identity. The identity of the person applying for SNAP shall be verified. Where an authorized representative applies on behalf of a household, the identities of both the authorized representative and the head of household shall be verified. Any documents which reasonably establish the applicant's identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed.

(g) Disability. The social services district shall verify disability, as defined in section 387.1(m) of this Part, as follows:

(1) For individuals to be considered disabled under section 387.1(m)(2), (3) and (4) of this Part, the household shall provide proof that the disabled individual is receiving benefits under titles I, II, X, XIV or XVI of the Social Security Act.

(2) For individuals to be considered disabled under section 387.1(m)(6) of this Part, the household must present a statement from the VA which clearly indicates that the disabled individual is receiving VA disability benefits for a service-connected or non-service-connected disability and that the disability is rated as total or paid at the total rate by the VA.

(3) For individuals to be considered disabled under section 387.1(m)(7) and (8) of this Part, proof by the household that the disabled individual is receiving VA disability benefits is sufficient verification of disability.

(4) For individuals to be considered disabled under section 387.1(m)(5) and (9) of this Part, the social services district shall use the SSA's most current list of disabilities considered permanent under the Social Security Act for verifying disability. If it is readily apparent to the caseworker that the individual has one of the listed disabilities, the household shall be considered to have verified disability. If a disability is not readily apparent to the caseworker, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one of the nonobvious disabilities listed as the means for verifying disability under section 387.1(m)(5) and (9) of this Part.

(5) For individuals to be considered disabled under section 387.1 of this Part, the household shall provide proof that the individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare.

(6) For individuals to be considered disabled under section 387.1 of this Part, the household shall provide proof that the individual receives interim assistance benefits pending the receipt of SSI benefits; or disability-related medical assistance under title XIX of the Social Security Act; or disability-based State general assistance benefits. The social services district shall verify that the eligibility to receive these benefits is based upon disability or blindness criteria which are at least as stringent as those used under title XVI of the Social Security Act.

(h) Social services districts shall verify all factors of eligibility for households which have been terminated for refusal to cooperate with a State quality control review and reapply more than 125 days from the end of the annual review period. Social services districts shall verify all factors of eligibility for households which have been terminated for refusal to cooperate with a federal quality control review and reapply after more than nine months from the end of the annual review period.

(i) Household composition. Social services districts shall verify factors affecting the composition of a household, if questionable.

(ii) Social services districts shall verify any other questionable information that has an effect on the household's eligibility and benefit level. To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, inconsistent with other information on the application or previous applications, or inconsistent with other information received by the social services district. The social services district shall determine if information is questionable based on the household's individual circumstances.

(2) Written documentary evidence is to be used as the primary source of verification of all items except residency and household size. Residency and household size may be verified either through readily available documentary evidence or through a collateral contact. Residency is to be verified by the social services district except where verification cannot reasonably be accomplished (such as in homeless cases). When verification is not accomplished, the social services district must document efforts to obtain verification in the case file.

(3) The household shall have the primary responsibility for providing documentary evidence to support its application and to resolve any questionable information. The social services district, however, shall offer assistance in situations where the household cannot obtain the documentation in a timely manner. Such assistance may include using a collateral contact or home visit unless otherwise stated in this Part.

(4) The applicant's/recipient's case record shall contain appropriate written notations or photocopied or electronically-imaged documentation which supports eligibility, ineligibility and/or SNAP benefit levels. This documentation shall be in sufficient detail to assure the reasonableness and accuracy of the determination.

(5) Changes reported during the certification period shall be subject to the same verification procedures which apply at initial certification, except as follows:

(i) The social services district shall not verify income if the source has not changed and if the amount has changed by $100 or less per month, unless the information is incomplete, inaccurate, inconsistent or outdated.

(ii) The social services district shall not verify total medical expenses which are unchanged or have changed by $25 or less per month, unless the information is incomplete, inaccurate, inconsistent or outdated.

(6) At recertification the social services district shall verify:

(i) A change in income if the source has changed or the amount has changed by more than $10 per month.

(ii) Previously unreported medical expenses and total recurring medical expenses which have changed by more than $25 per month.

(iii) Incurrence of utility expenses separate from other shelter-related costs.

(iv) Newly obtained SSNs, changes in household circumstance, and any other information which is questionable are subject to the verification standards that apply at the initial certification of the households.

(v) The social services district shall not verify income if the source has not changed, or if the amount is unchanged or has changed by $100 or less per month, unless the information is incomplete, inaccurate, inconsistent or outdated. The social services district shall not verify total medical expenses or actual utility expenses claimed by households which are unchanged or have changed by $25 or less per month, unless the information is incomplete, inaccurate, inconsistent or outdated.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.8

Amended New York State Register May 16, 2018/Volume XL, Issue 20, eff. 5/16/2018