13-200 Code Vt. R. 13-170-200-X
The Social Welfare Act of 1967, in Section 2501 of Title 33 of the Vermont Statutes Annotated, sets forth the following Social Welfare policy for the State of Vermont:
Welfare Assistance programs are administered in accordance with the provisions of applicable Federal law and regulations and with State Social Welfare Law and policy. The following general principles are in effect with regard to the total program:
Application of these principles in specific areas is covered in succeeding sections.
Eligibility and payment encompasses the process through which individuals in need of assistance and benefits furnished through Department programs may request and receive, if eligible, such assistance or benefits. Steps within this process include:
Eligibility refers to conditions under Federal and State laws and regulations which must be met to receive assistance or benefits.
Payment refers to the form, frequency, and method by which aid or benefits become available to eligible individuals for their use or benefit. Conversion of payment method from check to direct deposit or EBT, or coupons to EBT, or cash to coupons does not constitute an adverse action. In the event an applicant or recipient appeals the designated payment method, benefits shall not be paid through the old method pending the outcome of the fair hearing.
The department makes payment to or on behalf of eligible individuals through the following channels:
-- electronic benefit transfer (EBT) to the individual or the provider of a service,
-- vendor authorization to the provider of a service, or
-- check or direct deposit to the individual or the provider of a service.
Direct deposit to a bank account other than the state EBT account is the required payment method for food stamp benefits to cash-out households when one of the following members of the food stamp cash-out household has a bank account: the head of household or his or her spouse. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other food stamp cash-out households.
Direct deposit to a bank account other than the state EBT account is the required payment method for households eligible for state Aid to the Aged. Blind or Disabled-Essential Person (AABD-EP) program benefits when one of the following members of the AABD-EP household has a bank account: the head of household or his or her spouse. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other AABD-EP households.
Direct deposit to a bank account other than the state EBT account is the required payment method for households receiving unrestricted cash benefits under the Aid to Needy Families with Children (ANFC) program, when one of the following people living in the household has a bank account:
- the ANFC-recipient-parent head of household or his or her spouse.
- the ANFC-recipient caretaker (who is not a parent).
- a sanctioned non-ANFC-recipient-parent when both parents have failed without good cause to participate in Reach Up.
- the SSI-recipient parent (an SSI recipient is ineligible for ANFC) or his or her spouse.
- the SSI-recipient caretaker (who is not a parent), or
- the non-ANFC-recipient caretaker for the ANFC child(ren).
Direct deposit is the required payment method for protective payees, where applicable, when the protective payee has such an account. Direct deposit to another adult may be the payment method when requested by the head of household. EBT cash is the payment method for all other ANFC households.
Benefits shall not be deposited to the bank account of a minor unless the minor is the head of household, or his or spouse living with the household.
When direct deposit is the payment method, the applicant or recipient having the bank account must designate a bank name, account name, and account number and authorize payment of benefits into the account. It is the recipient's responsibility to inform the department of any changes in bank, account name or account number.
The charge for POS cash transactions occurring outside the NCS is $ .10 cents per transaction, deducted from the EBT cash account.
Whether a charge applies to each of a household's first four ATM transactions in a calendar month depends on where the ATM is located:
-- When the ATM is located within the NCS, the transaction is free.
-- When the ATM is located outside the NCS, the transaction costs $ 0.40, deducted from the EBT cash account.
The charge that applies to a household's fifth or subsequent ATM transaction in a calendar month also depends on where the ATM is located:
-- When the ATM is located within the NCS, the transaction costs $ 0.85, deducted from the EBT cash account.
-- When the ATM is located outside the NCS, the transaction costs a total of $ 1.25, deducted from the EBT cash account.
A household's entitlement to benefits they have not accessed after a specific period of time shall end, and the unused benefits shall revert back to the program from which they were issued. The period specified, by payment method, is: nine months for an EBT food benefit, three months for an EBT cash benefit, and 60 days for a check.
For EBT accounts, no access is defined as no withdrawals from the account during the specified period.
Permanent written records, essential to continuing operation of any organization, include individual case records containing the following:
Case information may contribute in statistical or other general terms to material needed for planning, research, and overall administration of Department programs. Individual case data shall, however, be held in confidence under Department regulations limiting disclosure of such information identifying a specific applicant/recipient. (See Welfare Administration Manual -- Confidentiality).
Retention of records shall be subject to Federal and State requirements for audit and/or review.
An authorized representative may under specific conditions act on behalf of an applicant (individual, family group or household group) to carry out specific activities related to establishing eligibility for, obtaining and using aid or benefits made available through department programs. A judicially appointed legal guardian or legal representative automatically meets the criteria for an authorized representative.
A relative, friend, or other knowledgeable interested party with authority to act for the individuals, may act on behalf of an applicant unable to act for himself due to physical or mental incapacity. An applicant may, in an emergency precluding the presence of the applicant at a required interview, designate a representative to act on his behalf by addressing a letter, naming the individual designated and bearing the applicant's signature, to the welfare office.
Fraud is defined by statute ( 33 VSA 2581) as:
The following criteria will be used to evaluate cases of suspected fraud to determine whether they should be referred to a law enforcement agency.
Examples of instances where fraud might be suspected and referral considered are as follows:
The above examples are intended as a guideline; each case will be evaluated individually.
Any investigation of a case of suspected fraud shall be pursued with the same regard for confidentiality and protection of the legal and other rights of the individual as investigation and reinvestigation of eligibility to receive assistance.
Procedures are established for review and documentation in the case record at all supervisory levels.
Intent to defraud must be proven beyond a reasonable doubt to convict under the law; the final decision regarding referral to a law enforcement agency shall be the responsibility of the Commissioner.
The department will maintain such records and submit such reports as deemed necessary by appropriate Federal agencies.
A signed formal application furnished by the department is required to begin action on a request for assistance or benefits. Such application may be obtained by calling, writing, or visiting any of the department's offices.
Separate and apart from an individual's submission to the department of a completed and signed application for aid or benefits, an individual may have contact with the department in several ways; for example, in person, by telephone, by mail, or by referral from another agency. The subject matter of these contacts shall be considered inquiries until such time as the department is in receipt of a signed application form. When the subject matter of an inquiry can be reasonably assumed to indicate the individual's desire to apply for aid or benefits, including a request for Medicaid coverage of an item or service not routinely covered, the department shall provide the individual making the inquiry with an appropriate application form for use in requesting the aid or benefits (including items or services related to medical conditions).
Any individual, previously found ineligible for aid or benefits, who believes his circumstances to have changed or who desires to have eligibility reconsidered, may reapply by submitting an up-to-date signed application form to the district office serving the areas in which he currently resides.
The formal application gives the individual the means to furnish information necessary for a decision, protects him from being ruled ineligible without formal application, informs him of his rights and responsibilities, and provides a basis for appeal if he is dissatisfied with any action of or lack of action by the department.
Application forms and informational materials may be obtained from any district office. Appropriate return address and return envelope shall be included with forms sent in response to a mail or telephone request.
Supplies of informational materials and application forms shall be made available, on request, to medical providers, referring agencies, town service officers, town officials, and other locations serving the general public.
A relative, friend, or other interested party may assist an applicant in completion of necessary forms. The applicant or spouse, authorized representative, must, however, sign the form and thereby assume responsibility for all information entered thereon.
If an applicant has difficulty in completing an application/statement of need and no other person is available to assist, a department employee may record on a department form information furnished by the applicant. In such cases special care must be exercised to review the information entered before the applicant signs and assumes responsibility for the information. Once an applicant's statement is signed, a department employee may not alter or add to it. Department forms provide separate space for recording additions, clarifications, or verifications obtained during the interview.
The individual in whose name an application is filed is designated the applicant, or the head of the applicant group. When a group of individuals apply together for aid or benefits from more than one department program, it is preferable, although not mandatory, that the same member be designated head of the group for all programs.
As required by the Americans with Disabilities Act, the department shall make reasonable modifications to its policies, practices, or procedures when modifications are necessary, as determined by the commissioner or his or her designee, to avoid discrimination on the basis of disability. An applicant or recipient may appeal the commissioner's determination regarding necessity to the Human Services Board, in accordance with departmental regulations governing appeals.
13-200 Code Vt. R. 13-170-200-X
EFFECTIVE DATE: October 1, 2008 Secretary of State Rule Log #08-040 [Bulletin #08-20; amended, renumbered and reorganized, see rule 13 170 000 for prior history and section conversion table.]