• Twelve things the applicant must prove
• The county residency requirement
• Optional verification
• Verification of questionable information
• For related information, see Social security number requirements

Twelve things the applicant must prove

Food stamp offices should tell applicants clearly what they must bring in and by when they must bring it in. [7 U.S.C. § 2020(e)(3); MPP § 63-300.5(e).] The food stamp office should be flexible about what is acceptable verification. [7 C.F.R. § 273.2(f)(5)(i).]  ACIN I-45-11. goes over mandatory and optional verification, what evidence the county must accept, and whether failure to verify means a loss of a deduction or a denial.

Food stamp rules require applicants to give the food stamp worker proof of twelve things:

1. income that counts against the household’s food stamps (see the section about the definition of income for more details). [7 C.F.R. § 273.2(f)(1)(i); MPP § 63-300.5(e)(1).] See FNS policy letter on verifications that indicate discrepant names or Social Security number. The Farm Bill 2002 final regulations provide that the state shall only reverify income (at recertification) if has changed more than $50. 7 C.F.R. § 273.2(8)(i)(A). The state has not yet implemented these rules, though long effective.Clients with benefits through EDD who have an EDD debit card issuance will continue to get a payment stub to verify the amount and date of receipt. The only change is that there will no longer be a check attached to the payment stub and benefits will be directly loaded onto the individual’s debit card.  ACIN I-51-11.
2. the immigration status of anyone in the household who is applying for food stamps and who says that he or she is not a U.S. citizen. [7 C.F.R. § 273.2(f)(1)(ii); MPP § 63-300.5(e)(2).] (The food stamp office will send this information to the U.S. Citizenship and Immigration Services (USCIS) to be checked. See the supplemental note for more information.)
3. utility bills is no longer required effective November 1, 2006. (The Standard Utility Allowance, or SUA, is mandatory for all.) MPP§ 63-502.363, ACIN I-61-08. (See the section about income deductions for more details.)
4. the social security numbers of everyone in the household. [7 C.F.R. § 273.2(f)(1)(v); MPP § 63-404.1.] (The food stamp office will check the numbers you give it with the Social Security Administration (SSA), but if the applicant does not provide a social security number, the person must prove s/he applied for one. [7 C.F.R. § 273.6(b)(2); MPP § 63-404.3.]. (See the section about social security number requirements for more details.).
5. medical expenses, for members of the household who are elderly or disabled and if the household member is deducting them from his or her income. [7 C.F.R. § 273.2(f)(1)(iv); MPP § 63-300.5(e)(7).] (See the section about medical expense deductions for more information.) The Farm Bill 2002 final regulations provide that the state shall only reverify medical expenses (at recertification) if has changed more than $50. 7 C.F.R. § 273.2(8)(i)(A). The state has not yet implemented these rules, though long effective.
6. See, e.g., Hennepin County Welfare Bd. v Schultz, 359 N.W.2d 654 (Minn. Ct. App. 1984). An individual’s place of “residence” should be determined in the normal common sense meaning of the term. Intermountain Health Care v. Board of Comm’rs of Blaine County, 707 P.2d 1051 (Idaho 1985).

   where the applicant lives. Homeless people who live in a general area should simply have to show that they live in that area. They might do this with a letter from someone who knows them (a “collateral contact”). [7 C.F.R. § 273.3; 7 C.F.R. § 273.2(f)(1(vi); 7 C.F.R. § 273.2(f)(1)(vi); MPP § 63-300.5(e)(5).] The food stamp office does not have to verify where the applicant lives if it is not reasonably possible to get verification. [MPP § 63-300.5(e)(5). For example, it does not have to verify where the applicant lives if the applicant just came to the area, if the applicant is homeless, or if the applicant is a migrant farm worker and cannot get verification easily. [MPP § 63-300.5(e)(5)(A).]

7. For more information on obtaining verification on identity, see Sara Simon Tompkins, Tulin Ozdeger and Jeremy Rosen, “Without Photo Identification: Barriers and Strategies,” Clearinghouse Review (Nov.-Dec 2003), p. 431.

   who the person is making the application for food stamps (i.e. the adult/head of household). [7 C.F.R. § 273.2(f)(1)(vii); MPP § 63-300.5(e)(3).] If an authorized representative applies for the household, the food stamp office must verify the identity of both the authorized representative and the head of your household. [MPP § 63-300.5(e)(3).]  If the person cannot prove identity through readily available documents (such as no photo ID), the county must use the collateral contact process described in Section 63-300.5(h)(2)).  Id.  Counties cannot limit verification to any single type of document, if multiple sources are available.  ACIN I-45-11.  If the household applied for Medi-Cal and was already verified through the Social Security Administration, the household is considered verified for CalFresh.  Id.

8. any disability benefits that a member of the household says s/he is getting, if s/he wants the special benefits the Food Stamp Program gives to disabled people. [7 C.F.R. § 273.2(f)(1)(viii); MPP § 63-300.5(e)(9).] (See the section about how “elderly” and “disabled” are defined for more information.)

9. The 2002 Farm Bill authorized FNS to establish simplified procedures that states may choose to use to verify child support obligations and payments. [7 U.S.C. § 2014(n).]

   For related information, see the first set of Questions and Answers Regarding the Food Stamp Program Certification Provisions of the Farm Bill.

   the household’s legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays. [MPP § 63-300.5(e)(10).] The household is responsible for providing verification. [MPP § 63-300.5(e)(10).]

10. physical or mental unfitness, if one individual in the household says s/he is a student who is not eligible for food stamps, unless s/he is found to be unfit and unfitness is not obvious. [7 C.F.R. § 273.2(f)(1)(xi).] A statement from a doctor or psychologist is OK. [MPP 63-406.121.]
11. for “ABAWDs,” i.e., able-bodied adults without dependents subject to the three-month time limit, the number of hours per week the individual is working or in the work program, or the number of months of food stamps the individual has received in another state, if necessary to show that the individual is currently eligible for food stamps. [7 C.F.R. § 273.2(f)(1)(xiv); MPP 63-410.2.]
12. individuals convicted in state or federal court of a drug felony, an element of which is the possession or use of a controlled substance, must provide proof of:
    • completion of a government recognized drug treatment program;
    • participation in a government recognized drug treatment program;
    • enrollment in government recognized drug treatment program;
    • placement on a waiting list for a government recognized drug treatment program; or
    • other evidence that illegal use of a controlled substance has ceased. (The applicant must state what the other evidence is and provide proof of it.)

The County residency requirement

A household must be living in the county in which it files an application for food stamps. [MPP § 63-401.1.] No person can participate as a member of more than one household, or in more than one county in any month except for eligible residents of shelters for battered women and children who were program participants in the home of the abuser. [MPP § 63-401.2.] The county cannot impose any durational residency (i.e., required periods of residency) requirements. [MPP § 63-402.4.] The county also cannot require an “intent to reside permanently in the county.” [MPP § 63-401.5.] However, persons who are in the county solely for vacation purposes should not be considered residents of that county. [MPP § 63-401.5, 401.6.]

No fixed address is necessary. The county cannot require anyone to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility. [MPP § 63-401.5.] Categorically eligible households (i.e., those already on CalWORKs {TANF] or other public assistance program) do not have to provide verification of residency. [MPP § 63-301.71.]

“Residency” can be shown through proof of rent/mortgage payments, utility expenses, and identity. [MPP § 63-300.5(e)(5).] If verification cannot be accomplished in conjunction with other verification, a collateral contact (verbal confirmation of a household’s circumstances by a person outside the household [see [MPP 63-300.5(h)(2)], or other readily available documentary evidence must be used. [MPP § 63-300.5(e)(5).] Any documents or collateral contact which reasonably establish the applicant’s residency must be accepted. [MPP § 63-300.5(e)(5).] No requirement for a specific type of verification may be imposed. [MPP § 63-300.5(e)(5).]

Migrant farm worker households, homeless households, or households newly arrived in the community may not be able to provide verification of residency or such verification may not exist. [MPP § 63-300.5(e)(5).] In these instances, if the applicant, with the county’s assistance, has made reasonable efforts to obtain verification and (1) verification cannot be obtained and (2) the applicant’s statement regarding residency is not questionable, the county must proceed with certification if the household is otherwise eligible. [MPP § 63-300.5(e)(5).] Verification of residency must be provided by the household prior to their next certification, except for homeless households. [MPP § 63-300.5(e)(5).]

Optional verification

The food stamp worker also may ask the applicant to prove other facts. The food stamp office should not ask the applicant to bring in any one special piece of paper. [7 C.F.R. § 273.2(f)(4)(i).] The food stamp office’s rules about verification must not have the effect of discriminating against any group of people. [7 C.F.R. § 273.2(f)(3)(i).] The food stamp office should ask the household members to verify their circumstances in the present, not things in the past that do not affect whether they are eligible now. [See, e.g., Ormsby v. Adult and Family Servs. Div., 699 P.2d 165 (Or. 1985).] The food stamp office should not ask the household to bring in any one special piece of paper. [7 C.F.R. § 273.2(f)(5).] The food stamp office’s rules about verification must not have the effect of discriminating against any group of people. 7 C.F.R. § 273.2(f)(3)(i).]

The county food stamp office may ask the household to verify the following:

• any dependent care costs the household is claiming. [MPP § 63-300.5(f)(1).]
• liquid resources and whether monies received by the household are loans. [MPP § 63-300.5(f)(2).] In order to be a loan, a simple statement signed by both parties which indicates the payment is a loan and must be repaid is sufficient [MPP § 63-300.5(f)(2).]
• the size of the household [MPP § 63-300.5(f)(3).] This is verifiable through a collateral contact or readily available documentary evidence such as school records, census records or marriage records. [MPP § 63-300.5(f)(3)).

Verification of questionable information:

The food stamp office also will ask the applicant to verify any information that it doubts. [7 C.F.R. § 273.2(f)(2), (f)(4)(iv); MPP § 63-300.5(g).] These requests, and the guidelines upon which they are based, must not discriminate based on race, religion, ethnic background, or national origin. [7 C.F.R. § 273.2 (f)(2)(i).]

To be on the safe side, the applicant should be ready to verify as many facts about the household as he or she can. When food stamp workers ask for more information, the applicant should ask them to write down what information they need. The food stamp office must give households written lists of the things they must do to try to comply. [7 U.S.C. § 2020(e)(3).] To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, inconsistent with other information on the application or previous applications, or inconsistent with information received by the county welfare department. [MPP § 63-300.5(g).] When determining if information is questionable, the county welfare department must base the decision on the household’s individual circumstances. [MPP § 63-300.5(g).]

If the county welfare department finds any factors affecting the composition of a household that are questionable, the eligibility worker should verify that an individual is a separate household if the person claims s/he is a “household” separate from those with whom s/he resides [MPP § 63-300.5(g)(1).]

When the statement is questionable that one or more of the household’s members are U.S. citizens, the household will be asked to provide acceptable verification. [MPP § 63-300.5(g)(2)(A).] Acceptable verification includes birth certificates, religious records, certificates of citizenship or naturalization provided by the U.S. Citizenship and Immigration Services (USCIS) or U.S. passports. [MPP § 63-300.5(g)(2)(A).] Participation in TANF (in California, known as CalWORKs) will also be considered acceptable verification if verification of citizenship was obtained for that member. [MPP § 63-300.5(g)(2)(a).] If these forms of verification are unavailable to the applicant, the county welfare department must accept a signed statement from a U.S. citizen which declares, under penalty of perjury, that the member in question is a U.S. citizen. [MPP § 63-300.5(g)(2)(A).] The member whose citizenship is in question will be ineligible to participate until proof of U.S. citizenship is obtained. [MPP § 63-300.5(g)(2)(B).] This member’s income and resources will be treated as available to the household. [MPP § 63-300.5(g)(2)(B).] (See the section about income and deductions of ineligible immigrants for related details.)

If the applicant or a household member’s work registration exemption due to participation in the CalWORKs work program is questionable, the county welfare department is responsible for verifying this information. [MPP § 63-300.5(g)(3)(A).] If the applicant or a household member’s work registration exemption due to the receipt of or application for unemployment compensation is questionable, the county, again, is responsible for verifying this information. [MPP § 63-300.5(g)(3)(B).] If the applicant or a household member’s information as to good cause for voluntary quit is questionable, the applicant will have to verify this information. [MPP § 63-300.5(g)(3)(C).]

Acceptable sources of verification include, but are not limited to, the previous employer, employee associations, union representative, grievance committees or organizations. [MPP § 63-300.5(g)(3)(C)(1).] If it is difficult or impossible for the applicant to obtain documentary verification in a timely manner, the county welfare department must offer assistance to obtain the needed verification. [MPP § 63-300.5(g)(3)(C)(1).] Whenever documentary verification is unavailable, the county welfare department should substitute a collateral contact. [MPP § 63-300.5(g)(3)C)(2).] The county welfare department is responsible for obtaining this information from the acceptable collateral contacts that have been provided by the household. [MPP § 63-300.5(g)(3)(C)(1).] If neither the household nor the county are able to obtain the requested verification, the household should not be denied access to the program. [MPP § 63-300.5(g)(3)(C)(2).]

When a household’s statement regarding the sharing of utility expenses with other individuals and/or households living in the same residence is questionable, the deduction will not be allowed until verification of the sharing relationship is obtained. [MPP § 63-300.5(g)(4).]

The individual cannot be denied food stamps because the individual failed to cooperate. [See, e.g., Atkinson v. Ledbetter, 360 S.E.2d 66 (Ga. App. 1987).] But the individual can be denied food stamps if the individual refused to cooperate. [7 C.F.R. § 273.2(d)(1); MPP § 63-505.1.] However, an applicant who relies on what a worker at the food stamp office said is needed is not someone “refusing” to cooperate. [See, e.g., Chambers v. Commonwealth, Dep't of Pub. Welfare, 466 A.2d 281 (Pa. Commw. Ct. 1983).] An applicant’s lack of information does not constitute a refusal to cooperate. [See Atkinson, 360 S.E.2d at 66.] The applicant is not someone who refuses to cooperate simply because s/he is unable to get verification. [See, e.g., Augelli v. Commonwealth, Dep't of Pub. Welfare, 468 A.2d 524 (Pa. Commw. Ct. 1983); 7 C.F.R. § 273.2(d)(1).]

If the individual does not have the verification that the case worker asks for, the food stamp office must give the individual at least ten days to get it. [7 C.F.R. § 273.2(h)(1)(i)(C); MPP § 63-301.411(b).] Also, if the individual does not have the verification the food stamp office asks for in time, the food stamp office is allowed to take more than 30 days to get the individual food stamps. (The section about the failure of the food stamp office to act on an application within 30 days explains this in greater detail.)

If the food stamp worker thinks the individual is not telling the truth about something, he or she should tell the individual about this problem and give the individual a chance to tell the individual’s side of the story. [7 C.F.R. § 273.2(f)(4)(iv).] It is important that the food stamp worker not assume that the individual is dishonest. [See Bacon v. Toia, 648 F.2d 801, 809 (2d Cir. 1981), aff'd, 457 U.S. 132 (1982); Edwards v. California, 314 U.S. 160, 177 (1941) ("poverty and immorality are not synonymous").]