Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding the Food Supplement Program, specifically, Income and Eligibility Verification System – Exclude Unearned Income Data from IRS. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the June 2014 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by June 30, 2014 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding the Food Supplement Program, specifically, Income Eligibility Verification System - Exclude Unearned Income Data from IRS.
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7 CFR §272.8(a), State income and eligibility verification system (IEVS)
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7 CFR §273.2(f)(9), Optional use of IEVS
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31 Del.C. §601, Department of Health and Social Services responsible for the administration of [Food Supplement] program
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DSSM 2013.1, Income and Eligibility Verification Systems (IEVS)
DSSM 2013.3, Requesting IEVS Information
DSSM 2013.5, IEVS Case Processing Instructions.
Agency Response: “Alternative Methods” will not be identified in this section of the policy. DSS intends to propose clarifying rules addressing “alternative methods” in a future issue of the Delaware Register of Regulations.
The Department finds that the proposed changes as set forth in the June 2014 Register of Regulations should be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) regarding the Food Supplement Program (FSP), specifically, Income and Eligibility Verification System – Exclude Unearned Income Data from IRS, is adopted and shall be final effective August 10, 2014.
[273.2(f)(9)] 7 CFR 273.2(f)(9)
Prior to taking action to terminate, deny, or reduce benefits based on unverified information obtained through IEVS, independently verify the information. Independent verification includes verification of the amount of the asset or income involved, whether the household actually has or had access to such asset or income that it would be considered countable for food stamp benefit purposes, and the period during which such access occurred. Except with respect to unearned income from IRS, if When DSS has information indicating that independent verification is unnecessary, such verification is not required.