210 Verification of Income (A)
2 rulesAll 1 subsections
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Initial Application All gross nonexempt income shall be verified prior to certifying a household as eligible to participate in SNAP. However, when all attempts to verify the income have been unsuccessful because the third party providing the income has failed to cooperate, and all other sources of verification are unavailable, the Department shall determine an amount to be used for certification purposes based on the best available information. If the household has no income, a statement from the household that it has no income shall be acceptable verification. (B) Recertification Verification of income at recertification will be the same as at initial application with the exception of TAFDC cases. These cases shall not be required to submit verification of income at redetermination. (C) Reported Changes The verification requirements of a reported change are discussed in 106 CMR 366.120. (D) Verification of Excluded Income Excluded income may be verified if the information given by the household is questionable, as defined by 106 CMR 361.620. (E) Unreported Income When an applicant states that he or she has no source of income during the interview, and the applicant is employable, or appears eligible for other benefits such as Social Security, Unemployment Compensation, or public assistance, it may be necessary to verify that he or she is not receiving income from such sources. Additional situations when the possibility of unreported income should be investigated include, but are not limited to, difficulty finding the head of the household at home, seasonal employment in an area that is at its peak season, or shelter costs higher than reported income, provided that nothing in this section shall limit the ability of the Department to verify information from other government agencies. (F) Expenses Exceeding Income A household’s report of expenses that exceed its income may be grounds for a determination that further verification is required. However, this circumstance alone shall not be grounds for a denial. The Department shall explore with the household how it is managing its finances, whether the household receives excluded income or has assets, and how long the household has managed under these circumstances. (G) Methods of Verifying Income Documentary evidence is the primary source of income verification as defined in 106 CMR 361.640(A). If other types of verification are used, the case manager shall document in the case record why an alternate source was needed. If all attempts to verify income have been unsuccessful because the person or organization that is responsible for providing documentation of the income has failed to cooperate with the household and the case manager, and all other sources of verification are unavailable, the case manager shall determine an amount to be used for certification purposes based on the best available information. When verifying that income is exempt as a loan, a legally binding agreement is not required. A statement signed by both parties that indicates that the payment is a loan and must be repaid is sufficient verification. However, if the household receives payments on a recurrent or regular basis from the same source but claims the payments are loans, the case manager may also require that the provider of the loan sign an affidavit that states that repayments are being made or that payments will be made in accordance with an established repayment schedule. (1) Earned Income Earned income shall be verified by pay stubs, pay envelopes or a written statement signed by an employer. The verification must show gross wages (including tips, if applicable) and the number of hours worked. Self-employment income, in accordance with 106 CMR 365.900 through 365.970, shall be verified by business records, tax returns and other appropriate documents showing gross income and the total business expenses associated with the gross income earned. (2) Unearned Income Unearned income may be verified using the following types of documents, including, but not limited to Social Security award letters, unemployment compensation award letters, records from the Department of Unemployment Assistance, pension award notices, Veterans Administration award notices, correspondence on benefits, Income Tax records, Railroad Retirement award letters, Railroad Retirement Board records, Workers Compensation records, support and alimony payments evidenced by court order, divorce or separation papers, and contribution checks. (3) Best Evidence Available If all attempts to verify gross income are unsuccessful because the person or organization providing the income has failed to cooperate with the household and the Department, and all other sources of verification are unavailable, the Department shall determine the amount to be used for certification purposes based on the best available information. ( 1 of 5)
(A) Initial Application. All gross nonexempt income shall be verified prior to certifying a household as eligible to participate in SNAP. However, when all attempts to verify the income have been unsuccessful because the third party providing the income has failed to cooperate, and all other sources of verification are unavailable, the Department shall determine an amount to be used for certification purposes based on the best available information. If the household has no income, a statement from the household that it has no income shall be acceptable verification. (B) Recertification. Verification of income at recertification will be the same as at initial application with the exception of TAFDC cases. These cases shall not be required to submit verification of income at redetermination. (C) Reported Changes. The verification requirements of a reported change are discussed in (D) Verification of Excluded Income. Excluded income may be verified if the information given by the household is questionable, as defined by 106 CMR 361.620: Questionable Information. (E) Unreported Income. When an applicant states that he or she has no source of income during the interview, and the applicant is employable, or appears eligible for other benefits such as Social Security, Unemployment Compensation, or public assistance, it may be necessary to verify that he or she is not receiving income from such sources. Additional situations when the possibility of unreported income should be investigated include, but are not limited to, difficulty finding the head of the household at home, seasonal employment in an area that is at its peak season, or shelter costs higher than reported income, provided that nothing in 106 CMR 363.210(E) shall limit the ability of the Department to verifyinformation from other government agencies. (F) Expenses Exceeding Income. A household's report of expenses that exceed its income may be grounds for a determination that further verification is required. However, this circumstance alone shall not be grounds for a denial. The Department shall explore with the household how it is managing its finances, whether the household receives excluded income or has assets, and how long the household has managed under these circumstances. (G) Methods of Verifying Income. Documentary evidence is the primary source of income verification as defined in 106 CMR 361.640(A): Documentary Evidence. If other types of verification are used, the case manager shall document in the case record why an alternate source was needed. If all attempts to verify income have been unsuccessful because the person or organization that is responsible for providing documentation of the income has failed to cooperate with the household and the case manager, and all other sources of verification are unavailable, the case manager shall determine an amount to be used for certification purposes based on the best available information. When verifying that income is exempt as a loan, a legally binding agreement is not required. A statement signed by both parties that indicates that the payment is a loan and must be repaid is sufficient verification. However, if the household receives payments on a recurrent or regular basis from the same source but claims the payments are loans, the case manager may also require that the provider of the loan sign an affidavit that states that repayments are being made or that payments will be made in accordance with an established repayment schedule. (1) Earned Income. Earned income shall be verified by pay stubs, pay envelopes or a written statement signed byan employer. The verification must show gross wages (including tips, if applicable) and the number of hours worked. Self-employment income, in accordance with 106 CMR 365.900 through 365.970, shall be verified by business records, tax returns and other appropriate documents showing gross income and the total business expenses associated with the gross income earned. (2) Unearned Income. Unearned income may be verified using the following types of documents, including, but not limited to Social Security award letters, unemployment compensation award letters, records from the Department of Unemployment Assistance, pension award notices, Veterans Administration award notices, correspondence on benefits, Income Tax records, Railroad Retirement award letters, Railroad Retirement Board records, Workers Compensation records, support and alimony payments evidenced by court order, divorce or separation papers, and contribution checks. (3) Best Evidence Available. If all attempts to verify gross income are unsuccessful because the person or organization providing the income has failed to cooperate with the household and the Department, and all other sources of verification are unavailable, the Department shall determine the amount to be used for certification purposes based on the best available information.