2000 General Eligibility

2150 Residence - A client must be a resident of the state.

For all programs except the Food Assistance Program, a resident is one who is living in the state voluntarily and not for a temporary purpose (i.e., with no intention of leaving). Temporary absence from the state, with subsequent returns to the state, or intent to return when the purpose of the absence has been accomplished shall not interrupt continuity of residence. See also 2223 regarding temporary absence of children or parents. In addition, individuals who continue to receive a Kansas state supplementary payment while living out-of-state are regarded as Kansas residents. For the Food Assistance Program, Individuals must live in the state, but are not required to have the intent to permanently reside in the state in which they make application. Individuals in the state solely for vacation purposes are not considered residents. A fixed living or mailing address is not required. Homeless individuals are considered residents. Temporary absence from the state exists when a visit for a period of less than one calendar month is made out of the state and the intent is to return. Household members away from home because of a vacation or illness will maintain their household member status if they are in the home during any part of the calendar month. If the absence is to cover a full calendar month, the individual(s) should be removed from the household. When a client notifies the agency of a move to another state with the intent to reside there, the client must be informed in writing that assistance is being discontinued giving timely and adequate notice.

2151 Duplicate Benefits - Residence can be established in a month regardless of whether the person has received benefits from another state in that month. However for cash and food assistance purposes, benefits cannot be provided in any month in which the client has received such benefits in another state. In addition, for food assistance purposes, (1) no individual may participate as a member of more than one household, unless an individual is a resident of a shelter for battered persons and children as defined in 2543 and was a member of a household containing the person who has abused her; and (2) no individual may participate in the Food Assistance Program and the Food Distribution Program on Indian Reservations (FDPIR) in the same month. Also see KEESM 11221.1 and 4212.2 . Persons disqualified from FDPIR for fraud cannot participate in food assistance until the disqualification period has expired. Verification of whether a person is getting FDPIR or not needs to now include a question about fraud disqualification. For cash assistance, benefits cannot be provided in any month in which the client has received such benefits from a tribally operated TANF program.

Persons who move from another state can receive child care benefits in Kansas in the month he or she moves from that state. In addition, child care benefits may be issued for the same child for the same month on more than one case if the child resides part-time in more than one household. Care must be taken to coordinate the schedules of the cases so that benefits are not provided for a child on more than one case for the same time.

2151.1 National Accuracy Clearinghouse (Food Assistance only) – The National Accuracy Clearinghouse (NAC) is an interstate data system used to prevent the issuance of food assistance to an individual by more than one state in the same month. Information obtained from the NAC shall not be used for any purpose other than to prevent duplicate participation.

DCF is required to submit a list of active food assistance recipients to the NAC each business day so that other states can query against food assistance participants in Kansas. Submission of this list happens automatically in the KEES system overnight. The list of recipients must contain an indicator for vulnerable individuals when applicable. A vulnerable individual includes, but is not limited to, those who would be endangered by the dissemination of their information, such as:

A resident of a shelter for battered women and children, A resident of a domestic violence shelter, or A person who self-identifies as fleeing domestic violence

Prior to authorizing benefits, DCF is required to conduct queries against the NAC: At application and/or review, for all pending or active members with a verified Social Security number When adding a new household member(s) with a verified Social Security number, only the new household member(s) must be queried.

Prior to conducting the query, DCF must verify: Applicants or recipients 18 and older: Social Security number verified by automated match with the Social Security Administration (KEESM 2131 #1) Residency (KEESM 1322.1 #4) Identity (KEESM 1322.1 #5) Applicants or recipients under 18: Social Security number verified by automated match with the Social Security Administration (KEESM 2131 #1) Residency (KEESM 1322.1 #4)

NOTE : Individuals who do not have a Social Security number will not have a NAC query conducted. This includes non-citizens and newborns. If an individual is participating without an SSN per KEESM 2132 , a NAC query will be conducted at review if a Social Security number has been provided and verified by automated match with the Social Security Administration.

If an SSN is unable to be verified through automated match with the Social Security Administration within the expedited processing window, verification shall be postponed in order to make benefits available to the household no later than the seventh calendar day following the date the application was filed. Prior to authorizing the second month of benefits, a NAC query must be conducted in accordance with section 2.

NOTE : The NAC only checks for duplicate participation of Food Assistance. For all other programs, staff are required to contact other states using the National Directory of Contacts to determine ABAWD months used, TANF months used, and to verify case closure for other programs.

2151.2 Initiating State

When receiving a positive match from a NAC query at application, review, or when adding a household member, DCF must:

Initiate action to resolve the match by notifying the matching state within 10 days of the date of the match.

Take action to resolve the match. To resolve a match, DCF may use information known to the agency, must verify any questionable information, and must notify the individual of the match. DCF may not take any action to deny, terminate, suspend, or reduce benefits based on information from the NAC until it has been verified, and/or the individual has been provided notice of the match and an opportunity to respond.

DCF must prevent the disclosure of any location information for all food assistance applicants or participants. Staff are prohibited from sharing the matching state with the client. Any communication or notice resulting from a NAC match must not include the location of the individual. If more information is needed to resolve the match, or information that is available could lead to a denial or adverse action, DCF must provide a written notice of match results that clearly explains what information is needed from the household and the consequences of failing to respond. Households are allowed 10 days to respond. If more information is not needed to resolve the match and there is no potential for adverse action, a written notice of match results is not required; however, DCF must provide verbal notification and document it in the case file.

After DCF has determined the appropriate disposition of the case, the resolution information must be promptly shared with the other state indicated in the match.

NOTE : DCF must follow normal and expedited processing standards as applicable. If an individual included in the household is currently receiving benefits in another state, expedited processing timeliness standards no longer apply. Determination of benefits for an individual cannot be delayed based on a lack of timely action or communication between states.

2151.3 Matching State

The NAC automatically conducts bulk matches on a monthly basis of active participants to discover existing duplicate participation. State agencies are notified when matches are found.

DCF is required to pursue verification of Kansas residency on any NAC match received during the certification period. DCF must pursue verification by sending a notice of match results, providing an opportunity for the household to contest the information in these situations:

Notification of a match directly from the NAC indicating that an individual is receiving benefits in another state.

Notification of a match from NAC or another state indicating that an individual who is an active participant in Kansas is part of an applicant household or has been added to an active household in another state.

DCF must document instances in the case file where there is a match and the actions taken to resolve it.

The state agency that fails to take timely action on NAC matches will be responsible for the establishment and collection of the overpayment claim.