Current through all regulations passed and filed through December 16, 2024
(A) What is the
state income and eligibility verification system (IEVS) match?
An IEVS match is income, resource, and benefit information that has
been requested by the Ohio department of job and family services (ODJFS) or
county agencies. Through IEVS, ODJFS and county agencies can request
information
from the agencies identified in paragraph (B) of this rule and
use it to verify eligibility and
determine the amount of benefits. IEVS information
shall be requested and used with respect to all assistance group members. This
includes ineligible assistance group members as described in rule
5101:4-6-13 of the
Administrative Code, whenever the social security numbers (SSNs) of such
ineligible assistance group members are available to the county agency.
(B) What benefit information is
collected through IEVS , what agency is it from, and
is it verified upon receipt?
Benefit information collected through
IEVS is to be acted upon in accordance with paragraph (E) of this rule before
benefits are to be affected.
(1)
State wage information collection
agency (SWICA).
Ohio employers report earnings information to SWICA quarterly and it is
generally more current than federal wage information. However, none of the
information is considered verified upon receipt.
(2)
The social
security administration (SSA). Income from self-employment, wages,
federal retirement, and survivors, disability, supplement security income
(SSI), and related benefit information maintained by the
SSA. Employers provide wage and retirement information
to the SSA on an annual basis. The SSA makes this information available
pursuant to Section 6103 (l)(7)(A) of the Internal Revenue Service (IRS) Code
of 1954.
(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 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 county
agencies 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;
(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 county agencies do when IEVS
information is received?
(1) Information
verified upon receipt includes:
(a) The county
agency shall send proper notices to the assistance group to terminate, deny, or
reduce benefits based on information obtained through IEVS that is considered
verified upon receipt. Information considered verified upon receipt includes:
(i) Social security and SSI benefit
information obtained from SSA SVES; and
(ii) Unemployment compensation benefit
information.
(b) When
the information in IEVS is obtained about a particular assistance group and is
questionable, the information shall be considered unverified and the county
agency shall take action as specified in paragraph (E)(2) of this
rule.
(2) Information
unverified upon receipt:
Prior to taking action to terminate, deny, or reduce benefits
based on information obtained through IEVS that is considered unverified upon
receipt, county agencies shall independently verify the information.
Information considered unverified upon receipt includes:
(b) Wage information from SSA
BENDEX or SWICA.
(3) What is considered independent
verification of unverified information and how does the county agency obtain
it?
(a) Independent verification shall include
verification of the amount of the asset or income involved, whether the
assistance group actually has or had access to such asset or income and the
period during which access occurred. When a county agency has information that
indicates that independent verification is not needed, such verification is not
required. Unearned income from IRS is the exception to this policy.
(b) The county agency shall obtain
independent verification of unverified information obtained from IEVS by
contacting the assistance group or the appropriate source of the income,
resource or benefit. When the county agency chooses to contact the assistance
group, it shall do so in writing, informing them of the information that has
been received, and requesting the assistance group to respond within ten days.
When the assistance group fails to respond within ten days of the request, the
county agency shall send a notice of adverse action as specified in Chapter
5101:6-2 of the Administrative Code. The county agency may contact the
appropriate source by the means best suited to the situation. When the
assistance group or appropriate source provides the independent verification,
the county agency shall properly notify the assistance group of the action it
intends to take and provide the assistance group an opportunity to request a
state hearing prior to any adverse action.
(F) What actions shall be taken when data
exchange information is received?
When information is received as a result of data exchange
agreements, county agencies shall initiate and pursue action on the assistance
groups. The following is to occur:
(1) Review of the information and comparison
of it to case record information;
(2) For all new or previously unverified
information received, contact the assistance groups and/or collateral contacts
to resolve discrepancies as specified in rule
5101:4-2-09 of the
Administrative Code and paragraphs (E)(1) and (E)(2) of this rule;
and
(3) When discrepancies warrant
reducing benefits or terminating eligibility, send notices of adverse
action.
(4) County agencies shall
initiate, pursue and 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 the 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 statewide automated eligibility
system.
(5) When an overpayment is
determined, county agencies shall establish and take actions on claims as
specified in Chapter 5101:4-8 of the Administrative Code.
(G) What are the appropriate uses for data
received through IEVS?
(1) County agencies
shall use information obtained through IEVS to:
(a) Verify an assistance group's
eligibility;
(b) Verify the proper
amount of benefits;
(c) Investigate
to determine whether participating assistance groups 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 assistance groups 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.
(H) What are the timeframes for the county
agencies 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 assistance group has been determined eligible by that time.
(2) Information about members of applicant
assistance groups who cannot provide SSNs at application shall be requested at
the next available opportunity after the county agency is notified of their
SSNs.
(3)
County agencies 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.
(I) Is
there a requirement to safeguard matches with federal tax information?
(1) Matches containing federal tax
information are confidential. County agencies 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.
(J)
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 (G) of this rule.
(K) Is a record of
disclosure required when IEVS information is released?
IRS and SSA require ODJFS and county agencies 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.
(L) 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.
(M) 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 assistance group
member that belongs to another person. Therefore, the county agency shall
determine the match is valid prior to taking any action on benefits.
(N) 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.
(O) 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 assistance group to provide it at that time. When the assistance group
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 assistance group. 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 statewide automated eligibility system to verify the SSN
as long as all of the required information is returned
on the screen.
(P) 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 assistance group member may have had
income while receiving SNAP or that an
assistance group member may have withheld income information. The match is an
opportunity for the county agency to confirm an assistance group'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.
