N.J. Admin. Code § 10:69-3.3 - Sources of evidence regarding eligibility
(a)
Applicants and beneficiaries are in all instances the primary source of
information about themselves and their families. It is the responsibility of
the agency to determine eligibility and, as necessary, to secure verification
from secondary sources. Such verification information shall be limited to those
facts that are essential to establish eligibility and shall be obtained only
with the consent of the client . It shall be explained to the client that
verification is necessary and lack of consent to obtain it shall make
processing of the application eligibility impossible.
(b) The client 's statements regarding his or
her eligibility are evidence. For purposes of AFDC-related Medicaid , the
client 's statements must be consistent and certain facts must be documented.
The applicant shall be informed that the CWA needs to document the facts
regarding certain eligibility criteria and that this process shall include
contacting collateral sources as necessary:
1. Public records are preferred evidence and
investigation of these sources shall be exhausted before other sources are
used.
2. Sources of collateral
evidence to establish eligibility include, but are not limited to, the
following: birth, death and marriage certificates, church records, immigration
and naturalization papers, census records, school records, military service
records, court records, employment records, records of public or private
welfare agencies, voting records, medical records, personal records, tax
records, and affidavits from knowledgeable persons.
(c) Only evidence to corroborate facts
essential to eligibility shall be sought. In determining the relative validity
of the sources of evidence in (b), the agency should bear in mind the type and
source of document.
(d) Affidavits
shall be used only when other sources have failed or have produced inconclusive
data. Documentation obtained in this manner shall be taken under oath from a
person who has factual knowledge of the relevant circumstances. The affidavit
shall show the circumstances under which this person has known the applicant as
well as the factual basis of his or her statements relating to the applicable
eligibility requirements.
(e) While
it is usually desirable to obtain evidence in written form, personal inspection
of records by the agency personnel, where permission can be secured, is an
acceptable practice and is often quicker and simpler. (See also
N.J.A.C. 10:69-3.5.)
Notes
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