106 Mass. Reg. 361.610

Current through Register 1523, June 7, 2024
Section 361.610 - Verification Requirements at Initial Certification
(A)Gross Countable Income. The amount of the household's gross countable monthly income, as defined in 106 CMR 363.200: Income, shall be verified before initial certification. The verification requirements of 106 CMR 365.800: Expedited Service, shall be followed for households entitled to expedited service. If all attempts to verify the gross countable income are unsuccessful because a third party has failed to cooperate, the Department shall determine the household's gross countable monthly income based on the best available information.

Noncountable income shall be verified only if the information provided by the household is questionable as described in 106 CMR 361.620.

(B)Noncitizen Status. Any household member identified as a noncitizen on the application shall verify his or her noncitizen status before initial certification in accordance with 106 CMR 362.200: Citizens, Noncitizens, Canadian-born or Mexican-born Indians.
(C)Utility Costs for Certain Homeless Households. Households in which all members are homeless individuals and reside in someone else's home (see 106 CMR 360.020: Definitions) must verify actual shelter and/or utility expenses greater than $143 per month to be eligible for the shelter deduction and the applicable Standard Utility Allowance.
(D)Medical Expenses. The amount of allowable medical expenses, including the amount of reimbursement (e.g., by a third-party insurer), shall be verified prior to initial certification if their use would result in a deduction. Other factors related to the medical expenses, such as the type of service provided or the eligibility of the person incurring the cost, shall be verified only if the information provided by the household is questionable (see 106 CMR 361.620 ).
(E)Liquid Assets. The current value of the household's countable liquid assets, (see 106 CMR 363.100: Assets), shall be verified prior to certification.
(F)Social Security Numbers. The Social Security number (SSN) or the application for an SSN shall be verified in accordance with 106 CMR 362.500(A) or (B) prior to initial certification.

When a household member does not furnish an SSN which can be verified in accordance with 106 CMR 362.500(A), and does not have Good Cause for not providing an SSN, as specified in 106 CMR 362.500(C), the household member is ineligible and shall be considered a disqualified nonhousehold member in accordance with 106 CMR 365.520: Disqualified Non-household Members.

(G)Identity. The identity of the applicant and any authorized representative applying on behalf of the household shall be verified prior to initial certification. Identity may be verified through documentary evidence that is readily available to the applicant or representative. Examples of acceptable documentary evidence which the applicant may provide include, but are not limited to, a driver's license; a work or school ID; an ID for health benefits or for another assistance or social service program; a voter registration card; wage stubs or a birth certificate. Any documents which reasonably establish identity must be accepted, and no requirement for a specific type of document may be imposed. In the absence of documentary evidence, identity shall be verified by collateral contact in accordance with 106 CMR 361.640.
(H)Residency. Residency shall be verified before initial certification except in unusual cases (such as homeless households, certain migrant farm-worker households, or households that have just arrived in the state) where verification of residency cannot reasonably be accomplished. To the extent possible, documents used to verify rent or mortgage payments, utilities or identity shall be used to verify residency. If such documentation does not verify residency, the Department shall use any documents, collateral contact, or home visits (see 106 CMR 361.640 ) that reasonably establish the applicant's residency. No requirement for a specific type of verification may be imposed, and no durational or fixed residency requirement shall be established. An otherwise eligible household shall not be required to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility. The worker shall not limit verifications to a specific document and must assist the household in obtaining verification, when necessary, as discussed in 106 CMR 361.650.
(I)Disability. The disability of a household member, as it relates to household composition, shall be verified before initial certification in accordance with 106 CMR 361.210.
(J)Legal Obligation and Actual Child Support Payments. The household's legal obligation to pay child support, the amount of the obligation and the monthly amount of child support the household actually pays shall be verified before initial certification. The household is responsible for providing verification of the legal obligation, the obligated amount, and the amount paid. The Department shall accept any document that verifies the household's legal obligation to pay child support, such as a court or administrative order, or legally enforceable separation agreement.

The Department shall accept documentation verifying a household's actual payment of child support including, but not limited to, canceled checks, wage withholding statements, verification of withholding from unemployment compensation or 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. 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.

In addition to requiring verification from the household, the Department shall be responsible for obtaining verification of the household's child support payments if the payments are made to the State's Title IV-D agency, the Department of Revenue (DOR). The Department shall use the information in determining the household's entitlement to a deduction in the new certification period. The household shall be given an opportunity to resolve any discrepancy between household verification and the Title IV-D agency records.

(K)Additional Verification Requirements.
(1) All other eligibility factors, financial or nonfinancial, shall be verified before the initial certification when the information provided by the applicant is questionable and affects the household's eligibility or benefit level. Other eligibility factors include loans, household composition, citizenship, student eligibility, circumstances relative to work registration, and certain deductible expenses.
(2) All other eligibility factors, financial or nonfinancial, may be verified before the initial certification when the Department elects to mandate verification of additional information. Such verifications must be required statewide or throughout a project area but shall not be imposed on a selective case-by-case basis on particular households.

106 CMR 361.610

Amended by Mass Register Issue 1329, eff. 12/30/2016.