N.M. Admin. Code § 8.100.130.9 - METHODS OF VERIFICATION
A.
Verification to determine eligibility and benefit level is obtained through six
methods. Not all methods will necessarily be used in each case. The six methods
are outlined in Subsections B through G of this section as well as the
circumstance in which they may be used.
B. Prior case data not subject to change:
Verification of an eligibility factor not subject to change which previously
has been verified is accepted. At the application interview, ISD shall advise
the applicant/recipient of any eligibility factors which have previously been
established through documents in ISD's possession and that are not subject to
change. ISD shall not require further verification of any eligibility factors
already established. Such factors include: U.S. citizenship, permanent
residency, birth date, relationship, social security enumeration and
deprivation due to the death of a parent.
C. Electronic data: Every applicant/recipient
shall be informed that the information provided is subject to verification
through federal, state, local and contracted data systems. ISD shall review the
information received from the data source with the applicant/ recipient and not
require additional verification of such information unless it is disputed by
the applicant/ recipient, the information is otherwise questionable, or the
information does not comply with specific benefit requirements. Questionable
information is defined in
8.100.130.12 NMAC. Electronic data
checks are automatically made and are not considered to be collateral contacts.
The electronic data checked includes, but is not limited to:
(1) SSA and SSI information through the
beneficiary data exchange (BENDEX) and the state data exchange (SDX) systems:
(a) the household shall be given an
opportunity to verify the information from another source if the SDX or BENDEX
information is contrary to the information provided by the household or is
unavailable;
(b) eligibility and
benefit level determination shall not be delayed past the application
processing standards of
8.100.130.11 NMAC of this part if
SDX or BENDEX data is unavailable;
(2) wage data and unemployment compensation
benefits (UCB) through the interface with the New Mexico department of
workforce solutions (NMDWS) -unemployment insurance database;
(3) interest, dividends, unearned income and
self-employment wages through interfaces with the BENDEX wage data and internal
revenue service (IRS) available through income and eligibility verification
systems (IEVS):
(a) if the IEVS-obtained
information is questionable, this information shall be considered unverified
upon receipt and ISD shall take action to request verification of the
information;
(b) except as noted in
this paragraph, prior to taking action to terminate, deny or reduce benefits
based on IEVS-obtained information, ISD shall request verification of the
information;
(4) vehicle
registration and driver's license information available from the New Mexico
motor vehicle division; and
(5)
child support payment information and absent parent information available from
the child support services division.
(6) Restrictions: Information on earnings,
benefits, resources and absent parents disclosed through government data
systems shall be used only for the purpose of:
(a) verifying an applicant/recipient's
eligibility;
(b) verifying the
proper amount of benefits;
(c)
investigating to determine whether recipients received benefits to which they
were not entitled; and
(d)
substantiating information which will be used in conducting criminal or civil
prosecution based on receipt of benefits to which recipients were not entitled.
D. Documentary
evidence: ISD shall use documentary evidence as the primary source of
verification for all items except residency and household size. These items may
be verified either through readily available documentary evidence, collateral
contact or data from federal, state, local or contracted data sources, without
a requirement being imposed that documentary evidence must be the primary
source of verification. Documentary evidence consists of a written confirmation
of a household's circumstances. Although documentary evidence shall be the
primary source of verification, acceptable verification shall not be limited to
any single type of document and may be obtained through the household or other
source. Whenever documentary evidence cannot be obtained or is insufficient to
make a determination of eligibility or benefit level, the eligibility worker
may require collateral contacts or home visits. ISD is responsible for
obtaining verification from acceptable collateral contacts. If a collateral
contact is not available, a sworn statement shall be accepted from the
household. ISD shall provide applicants/recipients with receipts for
verification documents provided.
E.
Collateral contacts: A collateral contact is an oral or written confirmation of
a household's circumstances by a person outside the household. ISD shall
document the reason for utilizing a collateral contact in the case file.
(1) A collateral contact can be used only
when the applicant/recipient selects a collateral contact as the source of
verification and:
(a) ISD cannot verify using
a trusted electronic source;
(b)
the applicant/recipient indicates difficulty in obtaining acceptable
documentary evidence; or
(c) the
documentary evidence provided by the applicant/recipient is inadequate or
questionable.
(2)
Selection of a collateral contact: The applicant/ recipient and ISD shall
select a mutually agreed upon collateral contact. A collateral contact must
have knowledge of the applicant/ recipient's circumstances and must be able to
give accurate third party information.
(a) ISD
may select a collateral contact only if the household fails to designate one or
designates one who lacks knowledge of the applicant/ recipient's circumstances
or cannot give accurate information. If the applicant/recipient does not agree
to the collateral contact and does not designate an acceptable collateral
contact, the application may, in appropriate circumstances, be denied for
failure to verify.
(b) A collateral
contact shall not be rejected solely based on the following criteria:
(i) they are related to the applicant/
recipient;
(ii) they are a
recipient of public assistance; or
(iii) they do not have a telephone.
(3) Failure on the part
of a collateral contact: ISD shall not deny or delay an eligibility decision
solely because of failure of a collateral contact to provide information. ISD
shall decide the applicant/recipient's eligibility and benefit amounts based on
all readily available information.
F. Home visits: Home visits may be used as
verification only when electronic data or documentary evidence is insufficient
to make a firm determination of eligibility or benefit level, or cannot be
obtained. Home visits shall be selected as a method of verification with the
applicant/recipient's consent. ISD shall schedule the home visit with the
applicant/recipient in advance during normal business hours. ISD shall document
the reason for the home visit in the case record.
G. Sworn statements:
(1) If the applicant/recipient has an
immediate need for assistance, ISD shall accept and, if necessary, assist the
applicant/ recipient to identify necessary factors to be included in the
statement, an applicant/recipient's sworn statement to verify one or more
eligibility factors when there is:
(a) a
reasonable explanation as to why electronic data documentary verification or a
collateral contact is not readily available to establish the factors;
and
(b) the applicant/recipient's
statement does not contradict other credible information received by ISD; in
such instances where the statement contradicts the other information, ISD may
require additional verification within a reasonable time after approval and
authorization of assistance: an applicant/recipient who objects to such an
additional request for information shall have the right to request and receive
a fair hearing.
(2) A
sworn statement is defined as the applicant/ recipient's statement signed under
penalty of perjury.
Notes
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