Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.02 - Application Processing

Current through Register Vol. 42, No. 9, June 28, 2024
An application for food assistance may be filed in the Food
				Assistance Offices, Public Assistance Offices, and Social Security Offices as
				allowed by Federal Regulations. The Department has adopted the following
				options and waivers.
(1) OPTIONS:
(a) Application Form and Filing: The
			 application form used in Alabama is designed by the state and approved by Food
			 and Consumer Services (FCS) of the U.S. Department of Agriculture. When a
			 household consists entirely of Supplemental Security Income applicants or
			 recipients, the application may be filed at the Social Security office. An
			 application filed by an SSI household at the Social Security Office is taken by
			 an employee of that office as there are no DHR employees housed in the Social
			 Security offices. The Social Security Office shall use the Food and Consumer
			 Service -approved application form.
(b) Interviews: An application interview may
			 be conducted by telephone or home visits in lieu of an office interview under
			 specified circumstances when criteria specified at 273.2(e)(2) in the federal
			 regulations are met.
All applicant households are entitled to an interview as
				specified in A. or B. below.
A. Office
			 Interview - Applicant households, including those submitting applications by
			 mail, shall have face-to-face interviews in a food assistance office or other
			 certification site with a qualified eligibility worker prior to initial
			 certification and all re-certifications, unless such interview is waived as
			 discussed in Section B below.
1. The
			 individual interviewed may be the head of household, spouse, any other
			 responsible member of the household, or an authorized representative. The
			 applicant may bring any person he or she chooses to the interview.
2. The interviewer shall not simply review
			 the information that appears on the application, but shall explore and resolve
			 with the household unclear and incomplete information.
3. Households shall be advised of their
			 rights and responsibilities during the interview, including the appropriate
			 application processing standard and the household's responsibility to report
			 changes.
4. The interview shall be
			 conducted as an official and confidential discussion of household
			 circumstances. The applicant's right to privacy shall be protected during the
			 interview. Facilities shall be adequate to preserve the privacy and
			 confidentiality of the interview.
B.
Waiver of the Office
			 Interview
- The office interview shall be waived if requested by any
			 household which has no earned income, all members are elderly or disabled and
			 the household is unable to appoint an authorized representative.
The county department shall also waive the office interview on
				a case-by-case basis for any household which is:
1. Unable to appoint an authorized
			 representative and which has no household members able to come to the food
			 assistance office because of hardships, which the county department determines
			 warrant a waiver of the office interview. These hardship conditions include,
			 but are not limited to:
a. Illness
b. Transportation difficulties.
c. Care of a household member.
d. Hardships due to residency in a rural
			 area.
e. Prolonged severe
			 weather.
f. Work hours which
			 preclude an in-office interview.
g.
			 Training or school hours which preclude an in-office interview.
2. The county department shall
			 determine if the hardship reported by a household warrants a waiver of the
			 office interview and shall document in the case file why a request for a waiver
			 was granted or denied. The county department has the option of conducting a
			 telephone interview or a home visit for those households for whom the office
			 interview is waived. Home visits shall be used only if the time of the visit is
			 scheduled in advance with the household. Waiver of the face-to-face interview
			 does not exempt the household from the verification requirements, although
			 special procedures may be used to permit the household to provide verification
			 and thus obtain its benefits in a timely manner, such as substituting a
			 collateral contact in cases where documentary verification would normally be
			 provided. Waiver of the face-to-face interview shall not affect the length of
			 the household's certification period. This does not include applications
			 containing ineligible household members whose eligibility is subject to change
			 such as ABAWDS, ineligible students, or ineligible aliens.
If it is later determined that an application was erroneously
				denied prior to the interview, the household will be entitled to benefits
				retroactive to the date of the original application.
C.
Verification
- The
			 State agency is given some leeway regarding required and acceptable
			 verification. Documentation of immigration status presented by an applicant
			 includes, but is not limited to the following forms. Unless indicated, each
			 shows the A-Number of the bearer. Some forms have expiration dates which must
			 be checked and noted during the worker's visual examination of documentation,
			 and any supporting documents shall be placed in the case record. Documents that
			 demonstrate lawful status include the following:
1. Alien Lawfully Admitted for Permanent
			 Residence
a. 1-551 (Alien Registration Receipt
			 Card, commonly known as a "green card") or
b. Unexpired temporary 1-551 stamp in foreign
			 passport or on 1-94.
2.
			 Asylee - 1-94 annotated with stamp showing grant of asylum under Section 208 of
			 the Immigration and Nationality Act (the "INA").
a. I-688B (Employment Authorization Card)
			 annotated "274a.12 (a) (5).
b.
			 1-766 (Employment Authorization Document) annotated "A5".
c. Grant letter from the Asylum Office of INS
			 or
d. Order of an immigration judge
			 granting asylum.
3.
			 Refugee - 1-94 annotated with stamp showing admission under Section 207 of the
			 INA.
a. I-688B (Employment Authorization Card)
			 annotated "274a.12 (a) (3).
b.
			 1-766 (Employment Authorization Document) annotated "A3" or
c. 1-571 (Refugee Travel Document)
4. Alien paroled Into the U. S.
			 for at least one year.
a. 1-94 with stamp
			 showing admission for at least one year under Section 212(d) (5) of the
			 INS.
5. Alien whose
			 deportation or removal was withheld.
a. I-688B
			 (Employment Authorization Card) annotated "274a.12 (a) (10)"
b. 1-766 (Employment Authorization Document)
			 annotated "A10" or
c. Order from an
			 immigration judge showing deportation withheld under Section 243(h) of the INA
			 as in effect prior to April 1, 1997, or removal withheld under Section
			 241(b)(3) of the INA.
6.
			 Alien granted conditional entry. 1-94 with stamp showing admission under
			 Section 203(a) (7) of the INA
a. I-688B
			 (Employment Authorization Card) annotated "274a.12 (a) (3)" or
b. 1-766 (Employment Authorization Document)
			 annotated "A3"
7.
			 Cuban/Haitian entrant. 1-551 (Alien Registration Receipt Card, commonly known
			 as a "green card") with the code CU6, CU7, or CH6.
a. Unexpired temporary 1-551 stamp in foreign
			 passport or on 1-94 with the code CU6 or CU7 or
b. 1-94 with stamp showing parole as
			 "Cuban/Haitian Entrant" under Section 212(d) (5) of the INA.
Note that some forms have been released in several editions so
				that valid documentation presented by different individuals may not be
				identical. Any questions about specific cases should be directed to Food
				Assistance Division.
Under most circumstances, the eligibility worker should proceed
				with the primary verification process. However, if alien status cannot be
				established through the primary verification process initiate the secondary
				verification process immediately.
If there are no material differences between the data obtained
				through SAVE and the information in the alien's immigration documentation and
				if the eligibility worker is not instructed by SAVE to initiate secondary
				verification, no further check is required. The county department must make
				certain, however, that biographical data given matches the alien
				applicant/recipient. If not, secondary verification must be initiated. Benefits
				will not be denied or terminated or reduced because of the alien's immigration
				status without first receiving a response to the secondary verification
				process.
The secondary verification process provides a more extensive
				validation process, including a search of all automated and paper INS files,
				when problems arise during the visual verification of documentation on the
				primary check. Secondary verification must be completed prior to the delay,
				denial, reduction, or termination of benefits to any alien applicant/recipient
				for reasons of immigration status. Secondary verification in most cases can be
				accomplished through SAVE. If not, the county office must follow the
				instructions below. To obtain secondary verification, the county department
				must forward a completed Document Verification Request, Form G-845, with full
				readable photocopies of original immigration documents to the following INS
				File Control Office (FCO) for review:
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A separate G-845 and the G-845 supplement (if required) must be
				completed for each applicant/recipient and should include copies of the
				documents for that individual only. If a family unit has applied, each member
				will require a separate G-845. It is recommended that when the G-845 is
				completed, a copy of the completed form and all documentation is maintained in
				the case record. All original documentation must be returned to the
				alien.
ADDITIONAL INFORMATION
1. Refer to POE Chapter 4 for other factors
			 which may be relevant to the eligibility of certain aliens and which should be
			 verified if applicable, such as:
a. The date
			 of admission or date status was granted.
b. Military connection.
c. Battered status.
d. If the alien was lawfully residing in the
			 United States on August 22, 1996.
e. Membership in certain Indian
			 tribes.
f. If the person was age 65
			 or older on August 22, 1996.
g. If
			 a lawful permanent resident can be credited with 40 qualifying quarters of
			 covered work and if any Federal means-tested public benefits were received in
			 any quarter after December 31, 1996.
h. If the alien was a member of certain Hmong
			 or Highland Laotian tribes during a certain period of time or is the spouse or
			 unmarried dependent of such a person.
2. An alien is ineligible until acceptable
			 documentation is provided unless one of the following applies:
The county has submitted a copy of a document provided by the
				household to INS for verification.
a.
			 The applicant or the county department has submitted a request to Social
			 Security Administration for information regarding the number of quarters of
			 work. If SSA verifies that the individual has fewer than 40 quarters and that
			 they are conducting an investigation to determine if more quarters can be
			 credited, the county department must certify the individual pending the results
			 of the investigation for up to 6 months from the date of the original
			 determination of insufficient quarters.
b. The applicant or the county has submitted
			 a request to a Federal agency for verification of information which bears on
			 the individual's eligible alien status. The county department must certify the
			 individual pending the results of the investigation for up to 6 months from the
			 date of the original request for verification.
Shelter and dependent care expenses shall be verified prior to
				allowing as a deduction. If verification of shelter (rent, mortgage, and taxes
				and insurance separate and apart from the mortgage) and dependent care expenses
				may delay the household's certification, the county department shall advise the
				household that its eligibility and benefit level may be determined without
				providing a deduction for the claimed but unverified expense.
If the expense cannot be verified within the 30 days of the
				date of application, the county department shall determine the household's
				eligibility and benefit level without providing a deduction of the unverified
				expense. If the household subsequently provides the missing verification, the
				county department shall handle this as a reported change during the
				certification period. If the expense could not be verified within the 30 day
				processing day because the county department failed to allow the household
				sufficient time (10 days minimum) to verify the expense, the household shall be
				entitled to the restoration of benefits retroactive to the month of
				application, provided that the missing verification is supplied in accordance
				with Section 207C.
3. The county department may verify SSI
			 benefits through SDX and Social Security benefits through BENDEX, or through
			 verification provided by the household. The county department may use SDX and
			 BENDEX data to verify other information; however, the household shall be given
			 an opportunity to provide verification from another source if the SDX or BENDEX
			 information is contradictory to the information provided by the household.
			 Determination of the household's eligibility and benefit level shall not be
			 delayed past the application processing time standards of this section if SDX
			 or BENDEX data is unavailable.
4.
			 Unemployment Compensation Benefit and information is verified through a tape
			 exchange with the Department of Industrial Relations. Information is obtained
			 on new applicants and updated weekly on recipients. Department of Industrial
			 Relations files correct. Other information provided on the exchange may assist
			 in determining the eligibility and benefit levels but is not considered
			 verified without contact with another party on wage information is also
			 provided as a tape exchange. This information is not considered verified until
			 contact with the alleged employer.
5. Non-quarterly reporting households with
			 unstable situations are certified for 1 or 2 months. All other non-quarterly
			 reporting households are certified for 3-12 months.
Verification of income, medical expenses, utility expenses, and
				dependent care expenses is required at each recertification. The alien
				status/citizenship and other questionable information is also required to be
				verified as are Social Security numbers, if verification has not been completed
				previously.
If by the 30th day the county department cannot take any
				further action on the application due to the fault of the household, the
				household shall lose its entitlement to benefits for the month of
				application.
On the 30th day following the date the application was filed, a
				Notice of Denial/Pending Status shall be sent to the household explaining the
				reason for the denial and what actions the household must take in the second 30
				days in order to reopen their case. (See Forms Manual for instructions.) As a
				Notice of Denial was issued on the 30th day, the application has been processed
				within the standard of promptness and is not delinquent.
a. If the 30th day falls on a weekend or
			 holiday and the requested information is received on the first workday after
			 the weekend or holiday, benefits shall be prorated from the date the
			 information is received. The household shall be given an additional 30 days to
			 take the required action, such as providing requested verification or
			 registering for work those members who were required to register, but did
			 not.
b. If the household takes the
			 required action within the second 30-days, the county department shall reopen
			 the case without requiring a new application. When the household is at fault
			 for the delay in the first 30-day period, but is found to be eligible during
			 the second 30-day period, the county department shall provide benefits only
			 from the month following the month of application. Benefits must be prorated
			 from the date the household takes the necessary action to enable the
			 application to be processed.
c. The
			 household is not entitled to benefits for the month of application when the
			 delay was the fault of the household.
d. If the household does not take the
			 required action within the second 30-days, no further action by the county
			 department is required.
e.
			 Simplified Reporting households in certification that fail to respond to a
			 request for additional information/ verification which results in case closure
			 or termination of benefits may have their benefits reinstated if the requested
			 information/verification is submitted to the county office after the case has
			 closed but before the end of the month following case closure/termination. The
			 county office must have issued a written request advising the household of the
			 additional information/verification it must provide and allowed the household
			 10 days to provide the requested information/ verification. This policy should
			 also be applied to expedited service households that fail to provide postponed
			 mandatory verification which results in case closure or termination. The county
			 office must have issued a notice of adverse action or appropriate notice of
			 action explaining the reason for case closure.
The automated notice of action will inform the household that
				their case can be reopened without a new application if the household provides
				the missing information/verification by the end of the month. The household
				must fully resolve the reason for case closure and be eligible for benefits
				during the reinstatement month and the remainder of the certification period.
				The household must have at least one month remaining in the certification
				period after the effective date of eligibility in order to apply these special
				procedures. Benefits for the month the case is reopened must be prorated. The
				certification period will be for the month the case is reopened and the months
				remaining in the current certification period. Reference Chapter 17, Special
				Procedures for Reopening Six-Month Reporting Cases after Household Fails to
				Provide Verification, for policy and instructions on reinstatement/reopening
				six-month reporting cases after the household fails to provide verification
				which includes expedited service cases with postponed verification that fail to
				verify.