DTA SNAP Policy Updates on “External” Data Matches - Prison, Death Matches; Parole Violators; DYS children; RMV Vehicle/Identity Matches

In the past six weeks, DTA has issued over a dozen 2013 “Operations Memos” announcing policy changes to the SNAP and cash assistance programs. The following Operations Memos (OM) advise DTA workers that DTA Central Office is looking at certain data matches. MLRI and our legal services colleagues are still evaluating the impact of these data matches. We also want to hear from community groups if you see any problems, such as erroneous terminations or denials if a match proves inaccurate. Click on Ops Memo to see actual document, posted on www.masslegalservices.org 

 

Under SNAP rules, persons who are incarcerated are ineligible for SNAP (and cash benefits). DTA is doing a weekly match with the county prisons and Department of Corrections. Persons incarcerated for 30 days or more will be removed from the SNAP and cash benefits.  (Reminder - persons who are under “house arrest” or “home detention” are not disqualified. See DTA Hotline Q&A, August 2001.) DTA is also doing a “death match” with data from Public Health, US Dept of Commerce and SSA.  DTA is running all three matches as the SSA death match files are not always accurate. 

NOTE:  If a member of a SNAP (or cash) household dies or is incarcerated –and they had countable earned or unearned income no longer available to the household – DTA should also remove the income of that household member from the SNAP calculation and not just reduce the household size.  The OM is not explicit on that point, but we believe DTA will implement accordingly.

The OM also refers to a “lottery match” – which generally affects only TAFDC and EAEDC cash assistance households.  As is true for most states under the categorical eligibility rules, there is no SNAP asset test for most households, unless the household is under a sanction.

Parole Violator Matches – Operations Memo 2013-37

DTA Central will be running matches with the Criminal History Systems Board (CHSB) to determine if any recipients are in violation of their parole.  Individuals on parole typically have been incarcerated for a crime but are permitted to finish their sentence on the outside (“paroled”), provided they cooperate with all the requirements of their parole.  Under SNAP rules (7 CFR 273.11(n) and 106 CMR 367.800(D)), parole violators are not eligible for SNAP benefits.  As DTA notes in OM 2013-37, CHSB information is not considered “verified upon receipt” and indeed it may not be up to date or accurate.  Therefore DTA needs to confirm the specific information with the Parole Board. 

NOTE: OM 2013-37 does not define who is actually a “parole violator” ineligible for SNAP or cash. In proposed regulations dated August 19, 2011, USDA indicated that the disqualification should apply only when law enforcement is “actively seeking” the violator (meaning that there was a formal determination of a violation and that law enforcement has a recently issued outstanding warrant which it intends to enforce).  USDA has not issued final regulations, but we are hoping to confirm from DTA or the Parole Board exactly how they will identify violators for this match. If you work with the ex-offender population, please let us know what you are seeing.

DYS match on children in state custody – Operations Memo 2013-36

DTA Central is doing semi-monthly matches with the Department of Youth Services (DYS) to determine if any children have been taken into custody for 30 days or more. DTA will then remove them from the SNAP (and cash) benefits. There are some exceptions depending on the nature of the DYS placement (see pg 2).  \

NOTE: It is unclear from OM 2013-36 if DTA will add the child back on benefits, or otherwise contact the SNAP or cash assistance household, if a subsequent DYS match shows the child is no longer in custody and had returned home. If you see children removed from the SNAP or cash benefits but return to their families, make sure the family contacts DTA immediately. 

RMV Vehicle and Identity Match – Operations Memo 2013-40

DTA and the Mass Registry of Motor Vehicles (RMV) have entered into an agreement to give DTA access to expanded information from the RMV including information on identity, address and vehicle ownership.  As DTA states in OM 2013-40, ownership of vehicles has no impact on SNAP. There is no asset test for most SNAP households, and vehicles are non-countable even for those subject to the asset test (sanction cases). 106 CMR 363.140(D). However, ownership of a vehicle may have an impact on cash assistance benefits, depending on the value of the vehicle.

OM 2013-40 details the RMV information DTA workers can access and steps to take with discrepant information. It states that the RMV on-line data on address “must not be used for verification of address” (pg 3). As Coalition members know, addresses change frequently and many folks often do not update their address with the RMV until license or ID renewal time, registering a car, etc. However, if a household’s license or state ID does contain their current address, DTA regulations expressly state that RMV documents are one a number of acceptable forms of residency and identity verification, 106 CMR 361.610(G),(H) and cash assistance regulations, 106 CMR 203.650(b)(1).  

NOTE:  We are concerned about instructions to the field on fraud referrals where client address data is inconsistent with the RMV. Page 5 of OM 2013-40 instructs workers to make a referral where RMV data shows an absent parent having license or vehicle registered at same parent.  Families often cannot control the actions of third parties (absent parents, adult children) nor get them to update their address changes with the RMV, especially if there are outstanding tickets or they can’t afford registration renewal fees. We would appreciate hearing from you if any clients are denied or terminated benefits based on RMV information showing an individual residing with a SNAP or cash household when the household attests to the fact the individual is no longer there.

Down the road, DTA may be using the RMV photos for identity verification and/or photo IDs, per the FY2013 Budget directive. We will keep you posted.