320.2 Proof of Identity

To prove his or her identity, an individual must have one or more documents with identifying information that names him or her.     

  42 U.S.C. 1396b(x)       Pub. Law 111-3 Section 211

These identity rules do not apply to the following:

NOTE:  An individual who used to get Social Security Administration (SSA) or SSI benefits or who no longer qualifies for Medicare Part A or Part B must not be excused from providing identity documents. It is possible for an individual to lose SSA, SSI,  Medicare Part A or Part B because he or she showed false proof of identity to the SSA. Only current recipients of SSD, SSI, Medicare Part A or Part B are excused from having to prove identity. The CAO must:

NOTE:  Because TANF cash recipients receive TANF-related MA benefits, the same identity rules used for MA apply to TANF applicants and recipients, as much as is possible under current law. But if a TANF applicant or recipient does not provide proof of identity that meets MA requirements, he or she must not be denied cash assistance or be closed.

CAOs must ask individuals to provide proof of identity for themselves and other TANF budget group members at application or at the first renewal. Only those documents listed in the sections below meet MA requirements for proof of identity. (For documents that meet TANF cash requirements, (see Cash Assistance Handbook, Chapter 120, Identity.)

NOTE:  The following are not acceptable proof of identity for MA:

The CAO must make copies of documents used to prove identity. Those copies become a permanent part of the case record.

NOTE:  Religious groups do not have good cause to be exempt from MA requirements.

320.21 Primary-Level Proof of Identity

The following documents may be used as primary-level proof of identity. Most include a photograph of the individual named in the document.   

  55 Pa. Code § 125.1(b)       42 U.S.C. 1396b(x)       Pub. Law 111-3 Section 211

320.22 Secondary-Level Proof of Identity

The following documents may be used as secondary-level proof of identity:

NOTE:  These documents cannot be used as proof of citizenship or nationality.

NOTE:  Identity documents that have recently expired are acceptable as long as there is no reason to believe that the document does not refer to the individual using it as proof of identity.

NOTE:  The CAO must not accept a Canadian driver’s license.

NOTE:  The CAO must not accept a voter registration card.

NOTE:  CAOs are not allowed to pay the $10 fee for an individual’s state photo ID.

NOTE:  A “Child ID Card” issued by a life insurance company or nongovernmental agency as a free service for child protection is not acceptable as proof of identity.

NOTE:  These documents can be used as proof of identity only if they have not been used to prove the individual’s citizenship and the individual submitted secondary-level or third-level (but not fourth-level) proof of citizenship.

NOTE:  These documents must not conflict with each other. The papers must be originals or certified copies.

NOTE:  The actual form must be in the case record. The Bureau of Child Support Enforcement (BCSE) will provide a certified copy of the PA/CS 611 when it receives a written request, a fax request or a telephone call from the CAO. The CAO must try to obtain other forms of ID before accepting a PA/CS 611.

NOTE:  These are the only two acceptable data matches. PACSES is not an acceptable data match.

320.23 Affidavits

An affidavit (sworn statement) can be used as proof of identity only if the individual could not provide any primary-level or secondary-level documents.

42 U.S.C. 1396b(x)      42 CFR § 435.406         42 CFR § 435.407

 

If an affidavit is used as proof of identity, the following rules apply:

Exception: In limited circumstances, affidavits may be used for children age 17 or 18, such as when school ID cards and driver’s licenses are not available to them before age 18.

The affidavit must be signed under penalty of perjury by a parent, guardian or caretaker relative.

NOTE:  The affidavit may be signed by a parent who is an undocumented non-citizen. The CAO must ask for proof of identity for the undocumented parent, but if the parent cannot provide it, the affidavit must still be accepted.

NOTE:  If the parent, guardian or caretaker relative is unwilling or unable to sign the affidavit, a representative of the county may sign the affidavit when legal custody has been transferred to the Children and Youth Agency or when the child is under court-ordered placement through the Juvenile Probation Office.

NOTE:  An affidavit for identification of children under age 16 does not have to be signed again at each renewal of benefits.

NOTE:  A child who turns age 16 whose identity was proven with an affidavit does not need to show any other proof of identity.

NOTE:  An affidavit cannot be used to prove identity for a permanent resident non-citizen or an undocumented non-citizen. Affidavits are only to be used to prove identity for U.S. citizens.

 

Updated February 14, 2012, Replacing October 28, 2008