178.3 CAO Responsibility

178.31 Steps in the Verification Process

The CAO must determine what information must be verified. To do so, look at:

NOTE: Birth certificates issued by Puerto Rico prior to July 1, 2010 are not valid and cannot be used to verify age for new applicants. The Government of Puerto Rico issued new and more secure birth certificates on July 1, 2010. No additional verification is required for a past or current recipient who provided a birth certificate issued prior to July 1, 2010. If a birth certificate is the only documentation that can be obtained to verify age, follow the process outlined in OPS 110201, Process to Obtain Birth Record Verification from Puerto Rico's Demographic Registry Office for Proof of U.S. Citizenship.

NOTE:  The CAO must scan and save pay stubs and employer statements used to determine eligibility and grant amount. This process must be followed at application, renewal, and SAR review and any time new earned income information is reported. Verification of actual hours worked is required to complete federal TANF reports. See Chapter 150.

The CAO must consider the person’s age, physical or mental disabilities, and other factors when requiring the person to prove his or her statements. Do not seek verification that the person is able to provide. Tell the person that help will be provided to the extent needed if requested.       

55 Pa. Code § 201.1(2)

When evidence from a person is inadequate, incomplete, or inconsistent or cannot be determined in view of other evidence, tell the person that additional evidence is required. Together, the income-maintenance caseworker (IMCW) and the person must determine acceptable sources for further evidence.

55 Pa. Code § 201.4(1)(iv)

NOTE:  To the extent possible under current regulation, apply Medical Assistance citizenship and identity verification to TANF applications and renewals. Do not deny or close TANF benefits if an applicant or recipient does not provide this verification. Use PA 1809, Citizenship and Identity Form, to verify citizenship and identity for TANF and Medical Assistance applicants or recipients. Do not delay or deny TANF benefits to a person or family that is cooperating to get acceptable Medical Assistance citizenship or identity documentation. See Medical Assistance Eligibility Handbook, Chapter 320, Chapter 322, and Chapter 378.

NOTE:  Do not sanction an applicant or recipient who has cooperated with reasonable effort but cannot provide a Social Security number or date of birth of a putative father or noncustodial parent. Do not presume noncooperation if the person has given the putative father’s name and has not previously had the names of two putative fathers rejected by genetic testing. See Appendix E.

Traditionally, the applicant or recipient has had the burden of verification for all programs. But with the advent of electronic data sources and matches, CAOs must avoid unnecessary requests of verification from individuals and ensure that all available sources of information are utilized.

CAOs must:

PCA17075178

The IMCW must make a plan with the person for getting the required proof within the following time frames:         

55 Pa. Code § 201.4(1)(iv)

55 Pa. Code § 125.21(b)(2)

55 Pa. Code § 133.23(a)(3)

55 Pa. Code § 133.23(b)(3)  

If a person has cooperated but cannot get acceptable evidence, the IMCW must make a collateral contact with a third party. When required, the IMCW must have the person sign a copy of the Authorization to Release Form (PA 4). See Chapter 178, Section 178.4.        

55 Pa. Code § 201.4(1)(i)

NOTE:  Ineligible aliens who state they do not qualify for an SSN due to immigration status should not be referred to the Social Security Office. See Chapter 122.

178.311 When Not Suspecting Fraud

Except in cases of suspected fraud, the IMCW must try to notify the applicant or recipient before contacting a third party for information about that applicant or recipient.            

55 Pa. Code § 201.4(1)(iii)

NOTE:  It is important that the IMCW follow appropriate verification steps before making a referral to a front-end investigator from the Office of Inspector General (OIG). The person has the right and responsibility to provide verification of eligibility. The CAO staff has the responsibility to verify a person’s eligibility. For this reason, an OIG referral is inappropriate if made only for the purpose of providing routine verification.

If efforts of both the person and the IMCW do not get valid proof, the IMCW must make a reasonable judgment based on available evidence, credibility of the person, and validity of other supporting and conflicting evidence.       

 55 Pa. Code § 201.4(2)(iii)

If the person fails to cooperate in providing verification, the IMCW must send a Notice to Applicant or an Advance Notice to a recipient with the following information:

The case record must clearly establish eligibility or ineligibility. The IMCW must explain in the record any decision to require verification from additional sources or verification to clarify inconsistent information. The IMCW also must record the plans and time frames established with the person to get the proof.

178.312 When Suspecting Fraud

The IMCW makes a referral to an OIG front-end investigator only under the following conditions:

The IMCW may make an OIG referral when suspecting fraud in cases involving applicants for benefits including LIHEAP, recipients, or providers (for example, child-care vendors, employment and training vendors, and medical assistance providers).

In all cases where the IMCW suspects fraud, including recipient and provider cases, the IMCW should make a written referral to OIG by completing an OIG Field Investigation Referral Form, OIG-12 available on Docushare, or 12.2, if appropriate.

OIG investigators must report findings to the CAO and IMCW within five work days or must notify the CAO liaison of the need for an extension for investigations involving applications for initial benefits and renewals for continued benefits. See Appendix D for OIG field investigation details. 

NOTE:  On cases where domestic violence is indicated the IMCW should refer to Appendix D  .

NOTE:  OIG investigations do not affect the normal overpayment process or the OIG investigation into referrals selected for prosecution review. The prosecution review process occurs after these investigations have shown that fraud or intentional program violation may have occurred.

178.32 At Application

The CAO must require verification of eligibility conditions at the application interview. Items to be verified include:       

55 Pa. Code § 125.21(b)       55 Pa. Code § 125.24(c)

62 P.S.405.1(a.2)(1)

55 Pa. Code § 183.5

55 Pa. Code § 183.94         55 Pa. Code § 183.98

55 Pa. Code § 177.11

55 Pa. Code § 175.23(b)

55 Pa. Code § 149.24(b)

55 Pa. Code § 155.2

55 Pa. Code § 151.42(iii)

55 Pa. Code § 153.41

55 Pa. Code § 141.21(c)

55 Pa. Code § 145.44(b)

55 Pa. Code § 147.23(f)

55 Pa. Code § 125.1(b)

55 Pa. Code § 165.21

62 P.S. 432(9)          62 P.S. 481.1

62 P.S. 481(f)

P.L. 104-193 Title I, Section 103 (SSA 408(a)(8))

62 P..S. 405.1

If an existing record contains verification of information that is not likely to change, such as a birth date or Social Security number, the CAO must not require verification again unless a discrepancy exists.        

55 Pa. Code § 201.4

If the applicant has cooperated with verification requirements, authorize or deny assistance no later than the 30th calendar day following the date the CAO received the completed application.          

55 Pa. Code § 125.24(c)(1)

The CAO must not deny an application for lack of verification when the person has cooperated in providing proof and verification is pending from a third party. This includes certification of cooperation with the domestic relations sections.        

55 Pa. Code § 125.21(b)(2)

NOTE:  If UC benefits are expected to be delayed, complete the OIG 176-U and inform the applicant of the requirement to continue making efforts to apply for UC. See Supplemental Handbook Chapter 915, Section 915.63 Delayed Unemployment Compensation.

Exception: The person must verify the following items before authorization:

If the CAO authorizes assistance pending verification from a third party, it must allow another 30 calendar days following the authorization date for the verification to be provided. The CAO must continue benefits for an additional 30 calendar days as long as the person cooperates in getting the required verification and the delay is due to a third party.       

55 Pa. Code § 125.21(b)(2)

The CAO must deny benefits if the person refuses to cooperate in providing the required information.

178.321 Past Management

The CAO must discuss past management of resources only as it affects present eligibility. The CAO must not require a detailed or exhaustive accounting. If a resource or parts of a sizable resource may still exist, the CAO must require the applicant to provide:

55 Pa. Code § 125.24(c)(7)(iii)  

If the applicant fears physical danger or emotional distress or is unwilling to contact the resource, please follow the procedure in CAH 108.75.  Verification of Eligibility Factors.  Contact the Bureau of Policy via the policy clarification process with any questions.

178.33 At Renewal

When processing a complete renewal, the CAO must verify the following:        

55 Pa. Code § 133.23(a)(2)(ii)

NOTE:  Regulations do not require a specific form to verify household composition. The person may use a signed statement from a nonrelative or other knowledgeable source or a collateral contact. Document in the case record how household composition was verified.

62 P.S. 432(9)      62 P.S. 481.1

The CAO must not verify information that is not likely to change, such as birth date or Social Security number, unless the review shows that current information may be incorrect or is not properly recorded.         

55 Pa. Code § 133.23(a)(3)(iii)

The CAO must allow the person 15 working days from the renewal interview date to provide any requested verification.

Exception: The CAO must allow the person up to 30 calendar days to provide verification of a disability or incapacity.

If the person cooperates, but cannot meet the 15-day or 30-day deadline due to a third-party delay, the CAO must continue assistance. Allow more time for the evidence to be provided. Review cooperation and the person’s progress on getting documentation every 30 days.

If the person does not cooperate and does not provide verification, the CAO must do the following:

NOTE:  The CAO must not use an Advance Notice to make an initial request for verification. Use the Advance Notice only after the person has not complied with a verification requirement.

178.34 When a Change Occurs

The CAO must verify conditions of eligibility, need, income, and resource items when there is a change that affects eligibility.      

55 Pa. Code § 133.23(b)

When a change other than an income change is reported, the CAO must do the following:

NOTE:  A face-to-face meeting is not required.

When the reported change is an increase or decrease in income, the CAO must do the following: 

55 Pa. Code § 133.23(b)(3)               55 Pa. Code § 133.23(b)(4)

If the person does not verify the change within the 10 day period, the CAO may increase or decrease the cash benefit. Use a best estimate of ongoing income based on the information provided by the recipient after proper notice under the following conditions:

If the CAO determines that the above conditions do not apply, the CAO must serve proper notice to close the cash budget. If the household submits needed verification within 60 days following the benefits closure, TANF may be reopened without a new application. See [Section 179.2].

55 Pa. Code § 133.4(a)

Example: Ms. Parris receives Cash Assistance for herself and her three children. On October 5, she reported to the CAO that her hours increased in September and her gross monthly income increased by more than $100. She also reported that the increase in hours will continue. The CAO asks Ms. Parris to provide verification of the change by October 15 or to contact the CAO if she cannot.

When a person asks the CAO to close his or her budget, the CAO must determine the reason for the closing. If the closing is due to receipt of income from employment, support, or another source, the CAO must verify the date received and the gross amount. Note in the record if the reason for the closing is unknown or unverified. If the person reapplies, verify the information that was unknown at the prior closing. Also verify the current status of any resources that were available at closing.        

55 Pa. Code § 255.3(d)

The CAO must act on all reported address changes but must verify address only at application, renewal, and SAR review, unless the address change is questionable.

178.35 When a Fair Hearing Is Pending

An applicant or recipient who files a timely appeal of an adverse action may submit new or additional evidence of eligibility at any time up to and including the fair hearing. The appellant is entitled to receive retroactive benefits if he or she provides information establishing that he or she was eligible for a cash payment.       

55 Pa. Code § 275.4(a)(3)(v)(B)(I)

The appellant does not need to show that the CAO made a mistake in acting to terminate, deny, reduce, or suspend benefits.

When the appellant provides verification of eligibility, the CAO must do the following:

Examples:

NOTE:  The full value of Mr. Smith's first vehicle is exempt from consideration as a resource.

NOTE:  If the statement said the mechanic saw the car on February 27, the CAO would authorize assistance retroactive to February 27, the date Mr. Smith first met the eligibility condition at issue in the appeal.

Updated January 25, 2017 ; Replacing April 1, 2016