218-20-00 R.I. Code R. § 1.6

Current through April 23, 2024
Section 218-RICR-20-00-1.6 - Verification
1.6.1Verification Introduction
A. Verification is the use of third (3rd) party information or documentation to establish the accuracy of statements on the application. This Section sets forth the general requirements for verification of financial and non-financial eligibility factors.
1. The agency representative must examine both financial and non-financial information provided by applicant households as part of the eligibility process.
a. Financial information includes statements presented by the household on its resources, monthly income, and deductible expenses.
b. Non-financial information includes residency in the project area, the composition of the household, its citizenship or alien status, the need for certain members to register for work, and verification of Social Security Number(s) (SSN).
1.6.2Verification of Questionable Information
A. The agency representative must verify, prior to certification of the household, all factors of eligibility which the agency representative determines are questionable and affect the household's eligibility and benefit level. Questionable information cannot be based on race, religion, ethnic background, or national origin. Groups such as migrant farmworkers or American Indians cannot be targeted for more intensive verification.
1. As a guideline, questionable information is information that is:
a. Inconsistent with statements made by the applicant or with other information on the application or previous applications; or,
b. Inconsistent with information received from another source.
1.6.3Sources for Verification
A. The agency representative uses documentary evidence as the primary source of verification. Documentary evidence consists of a written confirmation of a household's circumstances. Although documentary evidence must be the primary source of verification, acceptable verification must not be limited to any single type of document and may be obtained from the applicant/member or other source. Whenever documentary evidence cannot be obtained or is insufficient to make a firm determination of eligibility or benefit level, the agency representative may require collateral contacts or home visits.
1. Documentary Evidence
a. The agency representative accepts any reasonable documentary evidence provided by the household and is primarily concerned with how adequately the verification proves the statements on the application.
(1) If the household is unable to obtain the documentary evidence in a timely manner, or the agency representative can do so more expeditiously than the household, the agency representative offers assistance to the household in obtaining the documentary evidence. The agency is not required, however, to assist households in obtaining verification of shelter costs for an unoccupied home if verification would have to be obtained from sources outside of the project area.
b. When information from another source contradicts statements made by the household, the household is immediately afforded the opportunity to resolve the discrepancy.
(1) Whenever documentary evidence is insufficient to make a firm determination of eligibility or benefit level, or cannot be obtained, the agency representative uses alternate sources of verification, such as collaterals contact and home visits. In all cases, the method of verification is recorded in the case record.
2. Collateral Contacts
a. A collateral contact is an oral confirmation of a household's circumstances by a person outside of the household who can be expected to provide accurate third (3rd) party verification.
(1) The collateral contact may be made either in-person or over the telephone.
(2) The agency representative may select a collateral contact if the household fails to designate one or designates one unacceptable to the agency representative.
b. If the agency representative designates a collateral contact, the agency representative must not make the contact without providing prior written or oral notice to the household. At the time of this notice, the agency representative must inform the household that it has the following options:
(1) Consent to the contact; or,
(2) Provide acceptable verification in another form; or,
(3) Withdraw its application.
c. If the household refuses to choose one (1) of the options in §1.6.3(A)(2)(b) of this Part, its application must be denied in accordance with the normal procedures for failure to verify information under § 1.3 of this Part.
3. Home Visits
a. Home visits are used as verification only if documentary evidence cannot be obtained and the visit is scheduled in advance with the household.
4. Self-attestation
a. The agency will accept a household's attestation or self-declaration as verification of the following factors:
(1) Shelter deductions;
(2) Utility expenses such as heating and cooling expenses which qualify the household for the Standard Utility Allowance;
(3) Receipt of Low-Income Home Energy Assistance;
(4) Dependent care expenses.
b. Verification shall only be required if the information provided by household is considered questionable as defined in §1.6.2 of this Part.
1.6.4Verification of Reported Changes
A. Changes reported during the certification period are subject to the same verification procedures as apply at initial certification, except that the agency should not verify changes if the total medical expenses or actual utility expenses are unchanged or have changed by twenty-five dollars ($25.00) or less, unless the information is incomplete, inaccurate, inconsistent, or outdated.
1. Households must verify medical expenses of over thirty-five dollars ($35.00) if no previous medical deduction was provided in order to receive the Standard Medical Deduction of one hundred eighty-three dollars ($183.00).
a. Households that elect to claim actual medical expenses (those households with medical expenses over two hundred eighteen dollars ($218.00), must verify at a reported change, previously unreported medical expenses and total recurring allowable medical expenses that have changed by more than twenty-five dollars ($25.00).
b. Medical expenses that are unchanged or changed by twenty-five dollars ($25.00) or less will not be verified unless information regarding these expenses is incomplete, inaccurate, inconsistent or outdated.
c. If the household declares a medical expense that must be verified, but chooses not to verify it, this decision must be documented in the case record. The household will be advised that the case will be processed without the medical expense and that it may furnish this required verification at a later date.
d. When the household does provide verification of the medical expense, the expense will be deducted, and the SNAP benefit amount adjusted according to the timeliness standards for a reported change.
e. If the agency learns of a change in its medical expenses from a source other than the household, the agency must act on the change, provided that no additional information or verification is required from the household. The agency will not contact the household and will not take any action on the household's medical expense deduction if the report of a change in medical expenses requires contact with the household.
1.6.5Verification at Recertification
A. Income Changes
1. At recertification, all income information shall be considered outdated and shall require updated verification to determine the accuracy of the information as outlined within this section when determining continued eligibility of uninterrupted benefits.
B. Expense Changes
1. At recertification, the agency shall not verify total medical expenses claimed by households which are unchanged or have changed by twenty-five dollars ($25.00) or less, unless the information is incomplete, inaccurate, inconsistent or outdated.
2. For households eligible for the child support exclusion, the agency shall require to household to verify any changes in legal obligation to pay child support, the obligated amount, and the amount of legally obligated child support a household member pays to a non-household member.
a. The agency representative shall verify reportedly unchanged child support information only if the information is incomplete, inaccurate, inconsistent or outdated.
1.6.6Verification after Non-Cooperation with Quality Control
A. The agency representative must verify all factors of eligibility for households who have been terminated for refusal to cooperate with the DHS Quality Control (QC) reviewer, and who reapply after one hundred twenty-five (125) days from the end of the annual review period.
1. Also, the agency representative must verify all factors of eligibility for households who have been terminated for refusal to cooperate with a Federal QC reviewer, and who reapply after nine (9) months from the end of the annual review period.
1.6.7Non-Financial Verification
A. Identity
1. The identity of the person making application must be verified.
2. When an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household must be verified.
3. Identity may be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact.
a. 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.
B. Social Security Numbers
1. The agency must verify the Social Security Numbers (SSNs) of all household members applying for participation in the SNAP by submitting them to the SSA for verification according to procedures established by the SSA.
2. The agency should not delay the certification for, or issuance of, benefits to an otherwise eligible household solely to verify the SSN of a household member.
C. Residency
1. Rhode Island residency must be verified except in unusual cases (such as a homeless household, a migrant farm worker household or a household newly arrived in the project area) where verification of residency cannot reasonably be accomplished.
2. Verification of residency should be accomplished to the extent possible in conjunction with the verification of other information such as, but not limited to, rent and mortgage payments, utility expenses, and identity.
a. If verification of residence cannot be accomplished in conjunction with the other verification, then the agency representative may use a collateral contact or other readily available documentary evidence.
b. Documents used to verify other factors of eligibility should normally suffice to verify residency as well. Any documents or collateral contact which reasonably establish the applicant's residency must be accepted and no requirement for a specific type of verification may be imposed.
D. Household Composition
1. Households must list on their applications the various members they wish to be considered for SNAP benefits. Individuals who claim to be a separate household from those with whom they reside based on the various age and disability factors for determining separateness are responsible for proving a claim of separateness (at the agency's request) in accordance with the provisions of § 1.2 of this Part.
E. U.S. Citizenship
1. U.S. citizenship must be verified only when the citizenship statement is inconsistent with other information on the application, previous applications or other documented information known to the agency representative.
2. When a household's statement that one (1) or more of the members are U.S. citizens is questionable, the agency representative must request the household to provide acceptable verification.
a. Participation in the RIW program may be considered acceptable verification if verification of citizenship was obtained for that program.
3. If verification cannot be obtained, and the household can provide a reasonable explanation as to why verification is not available, the agency representative may accept a signed statement from someone who is a U.S. citizen which declares, under penalty of perjury, that the member in question is a U.S. citizen.
4. A member whose citizenship is in question is ineligible to participate until proof of U.S. citizenship is obtained.
a. The member whose citizenship is in question has their income, less a pro rata share, and all their resources considered available to any remaining household members as set forth in §1.5.6 of this Part.
5. Pending verification from USCIS, the agency must not delay, deny, reduce, or discontinue the individual's eligibility for benefits on the basis of the individual's immigration status.
a. The agency must provide non-citizen applicants with a reasonable opportunity to submit acceptable documentation of their eligible non-citizen status as of the thirtieth (30th) day following the date of application.
b. A reasonable opportunity is at least ten (10) days from the date of the agency's request for an acceptable document.
c. When the agency accepts non-USCIS documentation and fails to provide a non-citizen applicant with a reasonable opportunity as of the thirtieth (30th) day following the date of application, the agency must provide the household with benefits no later than thirty (30) days following the date of application provided the household is otherwise eligible.
F. Disability Verification
1. A disabled household member means a member of a household who receives one (1) or more of the following benefits authorized under the Social Security Act, U.S.C. Title 42:
a. Supplemental security income benefits under Title XVI of the Social Security Act or disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;
b. Federally or State-administered supplemental benefits under § 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;
c. Federally or State-administered supplemental benefits under § 212(a) of Pub. Law 93-66.
(1) For individuals to be considered disabled under this definition, 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, 42 U.S.C. Chapter 7.
2. Is a veteran with a service-connected or non-service-connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under U.S.C. Title 38;
a. For individuals to be considered disabled this definition, the household must present a statement from the Veterans Administration (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 VA.
3. Is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under U.S.C. Title 38;
a. Is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under U.S.C. Title 38;
(1) For individuals to be considered disabled under this definition, proof by the household that the disabled individual is receiving VA disability benefits is sufficient verification of disability.
4. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under the Social Security Act, 42 U.S.C. § 221(i).
a. Is a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under the Social Security Act, 42 U.S.C. § 221(i). "Entitled" as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them;
(1) For individuals to be considered disabled under this definition, the State agency shall use the SSA's most current list of disabilities considered permanent under the Social Security Act, U.S.C. Title 42, for verifying disability.
(2) If it is obvious to the agency representative that the individual has one of the listed disabilities, the household shall be considered to have verified disability.
(3) If disability is not obvious to the agency representative, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one (1) of the nonobvious disabilities listed as the means for verifying disability.
5. Receives an annuity payment under the Railroad Retirement Act of 1974, 45 U.S.C. § 231(a), and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or
a. § 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.
(1) For individuals to be considered disabled under this definition, 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. Is a recipient of interim assistance benefits pending the receipt of SSI a recipient of disability related medical assistance under Title XIX of the Social Security Act, 42 U.S.C. Chapter 7, or a recipient of disability-based State general assistance benefits provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the State agency which are at least as stringent as those used under Title XVI of the Social Security Act (as set forth in 20 C.F.R. Part 416, Subpart I, Determining Disability and Blindness as defined in Title XVI).
a. For individuals to be considered disabled under this definition, the household shall provide proof that the individual receives interim assistance benefits pending the receipt of SSI; or
b. Disability-related medical assistance under Title XIX of the Social Security Act, 42 U.S.C. Chapter 7; or
c. Disability-based State general assistance benefits.
(1) The State agency 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, 42 U.S.C. Chapter 7.
1.6.8Financial Verification
A. The agency representative must use documentary evidence as the primary source of verification. If other types of verification are used, the agency representative documents the case record as to why an alternate source was used.
B. Loan
1. When verifying that income is exempt as a loan, a legally binding agreement is not required. A simple statement signed by both parties that indicates that the payment is a loan and must be repaid is sufficient verification.
2. However, if the household receives payments on a recurrent or regular basis from the same source, but claims the payments are loans, the agency representative must also require that the provider of the loan sign an affidavit indicating that repayments are being made or that payments will be made in accordance with an established repayment schedule.
C. Income Budgeting
1. For the purpose of determining a household's eligibility and monthly allotment, the agency representative takes into account the income already received by the household during the certification period and any anticipated income the household and the agency representative are reasonably certain will be received during the remainder of the certification period.
a. If the amount of income that will be received, or when it will be received, is uncertain, the portion of the household's income that is uncertain is not counted by the agency representative.
2. Income received during the past thirty (30) days is used as an indicator of anticipated income. However, past income is not used for any month in which a change in income has occurred or can be anticipated.
a. If income fluctuates to the extent that a thirty (30) day period alone cannot provide an accurate indication of anticipated income, the agency representative may use a longer period of past time if it provides an accurate indication of anticipated income.
b. If the household's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last thirty (30) days, as one (1) indicator of anticipated income.
c. In many cases of seasonally fluctuating income, the income also fluctuates from one (1) season in one (1) year to the same season in the next year.
(1) In no event may the agency representative automatically attribute to the household the amounts of any past income.
(2) The agency representative may not use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.
3. Cases with Earnings
a. In cases where the head of the household is steadily employed, income from previous months is usually a good indicator of the amount of income which can be anticipated in the month of application and subsequent months.
b. Hourly and Piece Work Wages
(1) When income is received on an hourly wage or piece work basis, weekly income may fluctuate if the wage earner works less than eight (8) hours some days or is required to work overtime on others.
(2) When determining the amount of anticipated income, review pay stubs from the previous four (4) weeks in order to determine a weekly average.
c. Withheld Wages: Wages withheld at the request of the employee must be considered income to the household in the month the wages would otherwise have been paid by the employer.
(1) However, wages withheld by the employer as a general practice, even if in violation of law, are not counted as income to the household, unless the household anticipates that it will ask for and receive an advance, or the household anticipates that it will receive income from wages that were previously held by the employer as general practice and that were, therefore, not previously counted as income by the agency.
d. Advances on wages must only count as income if reasonably anticipated.
4. Verification of Income
a. Gross non-exempt income must be verified for all households prior to certification.
(1) However, where all attempts to verify income have been unsuccessful because the income provider fails to cooperate with the household and the agency representative, and because all other sources of verification are unavailable, the agency representative must determine an amount to be used, based on the best available information.
5. Averaging Income
a. Whenever a full month's income is anticipated but is received on a weekly basis, the agency representative converts the income to a monthly amount by multiplying the weekly income by 4.3333.
b. Whenever a full month's income is anticipated but is received on a bi-weekly basis, the agency representative converts the income into a monthly amount by multiplying the income by 2.1666.
c. A household that, by contract or self-employment, derives its annual income in a period of time shorter than one (1) year has such income averaged over a twelve (12) month period, provided the income from the contract is not received on an hourly or piece work basis.
(1) Examples of such households may include school employees, sharecroppers, farmers and other self-employed households. However, these provisions do not apply to migrant or seasonal farm workers.
(2) Such income shall not affect more budget months than the number of months in the period over which it is annualized or pro-rated.
d. Income must not be averaged for a destitute household since averaging would result in assigning to the month of application income from future periods which is not available to the destitute household for its current food needs.
D. Self-Employment Income
1. Self-employment income includes the total gross income from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business, excluding the costs of doing business.
2. Ownership of rental property is considered self-employment. However, income derived from the rental property is considered earned income only if a member of the household is actively engaged in management of the property at least an average of twenty (20) hours per week.
a. Payments from a roomer or boarder and returns on rental property are also self-employment income.
3. Examples of types of verification for self-employment income include State or Federal income tax returns, self-employment bookkeeping records, or sales and expenditure reports.
E. Unreported Income
1. In addition to verifying reported income, the agency representative may have occasion to explore the possibilities of unreported income.
a. When the applicant states that they have no earnings or other income, and the applicant is employable, or it appears they may be eligible for other benefits such as Social Security, unemployment insurance, or assistance payments, it is necessary to verify that they are not receiving income from such sources.
b. Additional situations in which the possibility of unreported income are investigated are difficulty in finding the head of the household at home, seasonal employment in the area which is at its peak, shelter costs higher than reported income, or similar questionable situations.

218 R.I. Code R. § 218-RICR-20-00-1.6

Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023