5101:4-7-14 Food assistance: systematic alien verification for entitlements program.

 

 

 

5101:4-7-14                 Food  stamps:  Systematic  systematic  alien  verification  for entitlements (SAVE) program.

 

 

 

(A)     A county agency shall participate in the SAVE program established by the immigration and naturalization service (INS), now known as the department of homeland security (DHS), by accessing the web-enabled, server-based customer processing system (CPS) in order to verify the validity of documents provided by aliens applying for food stamp benefits. The validity of the documents are verified with the central data files maintained by CPS. When accessing the automated status verification system (ASVS) the county agency shall ensure that the individual's privacy is protected to the maximum degree possible.

 

(1)  Methods of verification

 

(a)       There are two web-based verification methods for SAVE: Initial verification and additional verification.

 

(i)     Initial verification uses the alien's alien registration number, or "A-number". to query the ASVS.

 

(ii)     If instructed during the initial verification to institute additional verification or if there are material discrepancies, additional verification may also be data entered into the windows-based screen. Upon receipt of this information the ASVS processes the request for status verification and electronically transmits the results to the county agency.

 

(b)   In some cases the ASVS may not provide a determination of non-citizen eligibility and the manual secondary process may be required. This manual secondary process should be initiated if the alien claims they obtained "Lawful Permanent (or Conditional) Resident Status", because they were a battered alien, a parent of a battered child(ren), a victim of domestic violence, or when sponsorship information from the alien's "Affidavit of Support (Form I-864)" is required. Secondary verification, when required, is obtained by mailing a "Document Verification Request" (Form G-845S)" to the appropriate department of homeland security (DHS) office along with a photocopy of the original immigration documentation and a "Document Verification Request Supplement" (Form G845 Supplement)", if necessary.

 

(2)     In most cases the county agency will complete initial verification first. However, there are situations when the county agency shall initiate additional verification in addition to completing initial verification through the ASVS.

 

 

 

 

(a)    If one of the following situations exists, the county agency will initiate additional verification immediately in addition to requesting initial verification:

(i)   When any one of the items presented as documentation appears to be counterfeit or altered.

(ii)    When an alien presents unfamiliar DHS documentation, non-DHS documentation, or a document that indicates immigration status, but does not contain an alien registration number ("A-number").

(iii)    When the document contains an "A-number" in the A60 000 000 series.

(iv)    When the document contains an "A-number" in the A80 000 000 series.

(v)       When an alien has no immigration documentation and is hospitalized, medically disabled, or who can otherwise show good cause for their inability to present documentation, and for whom securing such documentation would constitute an undue hardship.

(vi)   When an alien presents a foreign passport and/or "Form I-94" and the "Admission for Permanent Residence" endorsement is more than one year old.

(vii)      When a "Certificate of Naturalization" or a "Certificate of Citizenship", and verification of U.S. citizen status is required.

(b)     DHS does not determine eligibility, DHS only provides information regarding alien status. Eligible alien status shall be determined in accordance with rule 5101:4-3-07 of the Administrative Code.

(B)  Procedures for participating in SAVE

When participating in the DHS SAVE program to verify the validity of documents presented by applicant aliens, county agencies shall use the following procedures:

(1)      The  county  agency  shall  provide  an  applicant  alien  with  a  reasonable opportunity to submit acceptable documentation of their eligible alien status

prior to the thirtieth day following the date of application. A reasonable opportunity shall be at least ten days from the date of the county agency's request for an acceptable document. An alien who has been given a reasonable opportunity to submit acceptable documentation and has not done so as of the thirtieth day following the date of application shall not be certified for benefits until acceptable documentation has been submitted. However, if the ten-day reasonable opportunity period provided by the county agency does not lapse before the thirtieth day following the date of application, the county agency shall provide the AG with benefits no later than thirty days following the date of application provided the AG is otherwise eligible.

(2)    For the initial, additional, and manual secondary verification method, written consent of the alien applicant shall not be required as a condition for the county agency to contact DHS to verify the validity of documentation.

(3)   Whenever the initial and additional check through the ASVS does not confirm the validity of the alien's documentation or a significant discrepancy exists between the data provided and the information provided by the applicant, the county agency shall submit to DHS, a "Document Verification Request", form "Form G-845S", with a readable photocopy of both sides of the original immigration documentation, and a "Document Verification Request Supplement ("Form G-845 Supplement")", if needed, may be used to obtain additional information required to make a determination for benefit eligibility as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), PRWORA, as amended. A separate "Document Verification Request" must be submitted for each applicant and shall include copies of documents for that individual only. Secondary verification may be shared routinely between DHS and the county agency. Pending a response, the county agency shall not delay, deny, reduce or terminate the alien's eligibility for benefits on the basis of the individual's alien status. Note: Alien documentation differs from verification of alien status. Alien documentation consists of original DHS documents which an alien must provide to the county agency as a condition of eligibility. Verification of alien status is done through SAVE after the alien provides DHS documentation. Benefits can be delayed, denied, reduced, or terminated if an alien does not cooperate in providing DHS documentation in a timely manner to determine eligibility.

(4)   If the county agency determines, after complying with the requirements of this rule, that the alien is not in an eligible alien status, the county agency shall take action, including proper notices to the AG, to terminate, deny or reduce benefits. The county agency shall provide AGs the opportunity to request a fair hearing prior to any adverse action.

(C)  Documenting the use of SAVE

The use of SAVE shall be documented in the case file.

(1)   When the response from automated access to the ASVS is received, the county agency shall print a copy of the ASVS "Initial Verification Result" for the case file. If there are no discrepancies between the document and the information provided through ASVS, the copy shall be filed in the AG's case file.

(2)   Whenever the county agency initiates a manual secondary verification, the case file shall contain a copy of the form "Form G-845S", photocopies of documentation, and a copy of the form "Form G-845 Supplement", if necessary.

(3)    While the county agency is waiting for a response from SAVE, the case file shall contain a copy of the form "FormG-845S" sent to DHS, a photocopy of the document(s), and a copy of the form "Form G-845 Supplement", if needed. Once the SAVE response is received, the case file shall contain a copy of the annotated form(s) "Form(s) G-845S".

(D)  Use of SAVE data

The county agency shall use information obtained through the SAVE program only for the purposes of:

(1)      Verifying the validity of documentation of alien status presented by an applicant;

(2)   Verifying an individual's eligibility for benefits;

(3)    Investigating whether participating AGs received benefits to which they were not entitled, if an individual was previously certified to receive benefits on the basis of eligible alien status; and

(4)   Assisting in or conducting administrative disqualification hearings, or criminal or civil prosecutions based on receipt of food stamp benefits to which participating AGs were not entitled.

Effective:                                                     12/08/2005

R.C. 119.032 review dates:                         09/23/2005 and 12/01/2010

CERTIFIED ELECTRONICALLY

Certification

11/28/2005

Date

Promulgated Under:                           111.15

Statutory Authority:                           5101.54

Rule Amplifies:                                  329.04, 329.042, 5101.54

Prior Effective Dates:                         6/1/93, 5/1/99, 3/1/02, 4/1/04.