Food assistance: state income and eligibility verification system

(a) State verification and exchange system (SVES) allows SSN verification and the transfer of social security and SSI benefit information from the SSA. The information is considered verified upon receipt.

(b) Beneficiary and earnings data exchange (BENDEX). BENDEX matches provide earnings and benefit information from the SSA. This information is expected to duplicate most of the information provided by SWICA. However, the federal wage records match includes out-of-state employers and employers who do not report to SWICA. BENDEX matches may be eighteen months old or older due to the reporting requirements for employers and the time needed for the SSA to process the information. There is a lag time between from the source, reporting agency and ODJFS. Only the year of employment can be determined from the match. None of the information is considered verified upon receipt. Only by supplementing correct matches with employer verification can a determination be made of earnings received during an active certification period. This information may be a lead to current employment and should be used to check past eligibility.

(3) IRS. Unearned income information is obtained from the IRS and is available pursuant to Section 6103 (l)(7)(B) of the IRS Code of 1954. The IRS also provides income information based on 1099 data sent to the IRS. None of this information is considered verified upon receipt.

(4) The office of unemployment compensation within ODJFS. Subject to the provisions and limitations of Section 303 (d) of the Social Security Act of 1935, unemployment matches provide claim information regarding unemployment benefits as well as any additional useful information for verifying eligibility and benefits. This information is reported weekly as the payments are rendered to recipients and the information is considered verified upon receipt.

(C) What are data exchange agreements? Data exchange agreements shall specify the information to be exchanged and the procedures that will be used to exchange the information. Policy regarding data exchange agreements is the responsibility of the office of fiscal and monitoring services within ODJFS. ODJFS maintains data exchange agreements with the agencies listed in paragraph (B) of this rule in order to exchange information with other agencies.

(D) Under what programs can ODJFS and the county agency exchange IEVS information? ODJFS and the county agency may exchange IEVS information with other state agencies when it is determined that the information is being used for the same program determinations that include:

(1) Temporary assistance for needy families;

(2) Medicaid;

(3) Unemployment compensation;

(4) Supplemental nutrition assistance program (SNAP);

(5) Any state program administered under a plan approved under title I, X, or XIV adult categories, or title XVI of the Social Security Act of 1935; and

(6) Agencies administering the child support program (title IV-D of the Social Security Act) and titles II (federal old age, survivors, and disability insurance benefits) and title XVI (SSI for the aged, blind and disabled of the Social Security Act of 1935.)

(E) What should the county agency do when data exchange, including IEVS, information is received?

(1) Review the information and compare it to the information on the case;

(2) When the information received is considered verified upon receipt and no additional information is needed, the county agency is to act on the information within the timeframes as described in rule 5101:4-7-01 of the Administrative Code. Information considered verified upon receipt includes:

(a) Social security and SSI benefit information obtained from SSA SVES; and

(b) Unemployment compensation benefit information.

(3) When the information received is not verified or additional information is necessary, the county agency is to follow the procedures described in rule 5101:4-7-01 of the Administrative Code to determine how to act on the information.

(a) Verification is to include the amount of the asset or income involved, whether the AG actually has or had access to such asset or income and the period during which access occurred. The county agency is to obtain verification by contacting the AG or the appropriate source of the income, resource or benefit.

(b) Information that is not considered verified upon receipt includes:

(ii) Wage information from SSA BENDEX or SWICA.

(4) The county agency is to complete the actions specified in this paragraph within forty-five days from receipt of the information. Actions may be completed later than forty-five days from the match when the only reason the actions cannot be completed is the non-receipt of verification requests from collateral contacts and the actions are completed as specified in rule 5101:4-7-01 of the Administrative Code. The results of these actions should be documented on the compliance tracking screens in the Ohio benefits integrated eligibility system.

(5) When an overpayment is determined, the county agency is to establish and take action on claims as described in Chapter 5101:4-8 of the Administrative Code.

(F) What are the appropriate uses for data received through IEVS?

(1) The county agency shall use information obtained through IEVS to:

(a) Verify an AG's eligibility;

(b) Verify the proper amount of benefits;

(c) Investigate to determine whether participating AGs received benefits to which they were not entitled; and

(d) Obtain information that can be used in conducting criminal or civil prosecutions based on receipt of SNAP benefits to which participating AGs were not entitled.

(2) ODJFS may continue to use income information from an alternate source or sources to meet the requirements specified in this rule.

(G) What are the timeframes for the county agency to request and process the IEVS data?

(1) Information shall be requested at the next available opportunity after the date of application even when the applicant AG has been determined eligible by that time.

(2) Information about members of applicant AGs who cannot provide SSNs at application shall be requested at the next available opportunity after the county agency is notified of their SSNs.

(3) The county agency shall make eligibility and benefit determinations without waiting for receipt of IEVS data to comply with the promptness standard of rule 5101:4-2-11 of the Administrative Code.

(4) Information received from a source after an eligibility determination has been made shall be used as specified in paragraph (E) of this rule.

(H) Is there a requirement to safeguard matches with federal tax information?

(1) Matches containing federal tax information are confidential. The county agency shall ensure that the information is safeguarded as required in rule 5101:4-1-13 of the Administrative Code. The data shall be stored in an area that is physically safe from access by unauthorized individuals and the information cannot be commingled with the rest of the case record.

(2) Records destruction is addressed in rule 5101:9-9-21 of the Administrative Code. Division 5101:9 of the Administrative Code addresses access and safeguarding provisions for systems data.

(3) IRS, SSA and the United States department of agriculture (USDA) food and nutrition service (FNS) shall be permitted to make on site inspections to ensure that adequate safeguards are being maintained and that proper procedures are followed.

(I) What is considered proper disclosure of the IEVS data? The IEVS match information shall only be disclosed in accordance with rule 5101:4-1-13 of the Administrative Code and used as discussed in paragraph (F) of this rule.

(J) Is a record of disclosure required when IEVS information is released? IRS and SSA require ODJFS and the county agency to keep a record of any disclosure of federal tax information, including SSA match information, to any person or agency who is not an employee of ODJFS or the county agency. In accordance with rule 5101:9-9-21.1 of the Administrative Code, the record of the disclosure shall be retained in the case file for three years or the active life of the application, whichever is longer. In addition, the county agency shall record all disclosures in its central file of BENDEX. The record of disclosure shall contain:

(1) A description of the information disclosed;

(2) The date of the disclosure;

(3) The identity of the persons or agencies to whom the information was disclosed; and

(4) The purpose of the disclosure.

(K) Is there a penalty for improper disclosure of information? Rule 5101:9-9-25 of the Administrative Code describes employee awareness requirements for unauthorized disclosure of IEVS and federal tax return information.

(L) Is it possible to receive a match error? The validity of the IEVS match information is dependent upon the accuracy of the SSN supplied, the SSN contained in SSA's earnings file, and IRS's file. The accuracy of the SSN supplied by ODJFS is dependent upon the accuracy of the number provided by the county agency. SSA accuracy is dependent upon the accuracy of the reporting employer and the employee who supplies the SSN. Accuracy of the IRS information is dependent on the institution providing the information. An error from any one of these financial sources may cause the IEVS match to attribute earnings, benefits, or resources to an AG member that belongs to another person. Therefore, the county agency shall determine the match is valid prior to taking any action on benefits.

(M) How is an error in the data match detected? When the name of the applicant or recipient is different than the name on the match, the match may be an error or it may be an indication of an intentional program violation. The agency worker shall make this decision based upon all of the information from the appropriate match source and the case file. The following are examples of possible reasons for conflicting information:

(1) At times the surnames do not match, but the given names match or are similar. Sometimes a maiden name is used for one activity and a married name for the other.

(2) The name and address of the employer may also give an indication about whether a discrepancy is a match error. For example, when the address of the employer is out of state it may indicate that the match is in error. However, because this could indicate the corporate office of a local business, this information should not be considered conclusive.

(N) How is an SSN validated? Since an incorrect SSN that is undetected could cause incorrect overpayment charges, the county agency shall review the case file to determine how the number was verified at the time it was obtained. When there is no copy of the social security card in the case file, the county agency shall request the AG to provide it at that time. When the AG member no longer has the card, the county agency shall complete an JFS 07355 "Notice of Application for a Social Security Number" in order to verify the SSN with SSA files. The requirement to verify the SSN is the responsibility of the county agency, not the AG. All SSNs within IEVS are verified through SSA. The county agency may also complete the title II and title XVI SSA benefit information and SSN verification screen in the Ohio benefits integrated eligibility system to verify the SSN as long as all of the required information is returned on the screen.

(O) Is a match verification of earnings, dividends, or benefits? An IEVS match is not verification of earnings, dividends, or benefits. It is only an indication that an AG member may have had income while receiving SNAP or that an AG member may have withheld income information. The match is an opportunity for the county agency to confirm an AG's previous statement. When there appears to have been unreported income, the county agency shall obtain actual verification from a third party to check previous eligibility.