If an organization is listed in the National Precedent Repository – State and Local Income Precedents, this means that the agency was previously established as meeting the “based on need” criteria. Therefore, no further development of the organization is needed. Follow the case documentation instructions in subsection C.3.

NOTE: Iowa, Missouri, Nebraska and Kansas HEA/SMA Certification Precedents were previously listed on the KCNet HEA/SMA Certification Precedent List. This information was manually migrated to the National Precedent Repository – State and Local Income Precedents. Migrated precedents have additional information in the Remarks section of the National Precedent Repository – State and Local Income Precedents.

Once the SSA technician (Claims Specialist or above) has determined the assistance provided by the organization is excluded as HEA/SMA, the determination must be documented as a precedent.

If the technician determines that the assistance can be excluded, the precedent must contain the following information.

Required Information:

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  Organization Name

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  Organization Address

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  Date of Contact/Determination

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  Technician Statement: “I certify based on the authority granted by the State of (fill in the name of the State) that the HEA (or SMA, as appropriate) was provided based on need by a qualified organization.”

Recommended Information:

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  Phone Number

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  Contact Name

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  Fax Number

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  E-mail

Field offices must refer any new precedent determinations to the Center for Disability and Program Support for addition to the National Precedent Repository – State and Local Income Precedents. Referrals should be made via vHelp. If vHelp is unavailable, precedents can be submitted via email to ||KC CPS, Subject: HEA/SMA Precedent Certification. CDPS staff will review and upload the precedent to the National Precedent Repository – State and Local Income Precedents.

The addition of the new precedents will serve as blanket determinations and minimize field office contact with the support and maintenance assistance agencies for the purpose of establishing a precedent.

If a precedent exists in the National Precedent Repository – State and Local Income Precedents or the SSA technician has established the new precedent determination using the instructions in subsection B, proceed in documenting the following information within the In-Kind Support and Maintenance page:

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  Input the name and address of the agency providing the support;

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  Indicate “No” when answering whether or not the funds being provided are countable;

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  Under “If no, reason:” input, “SMA per regional precedent” or “HEA per regional precedent;”

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  If the Claims Specialist is unable to document the information in the In-Kind Support and Maintenance page, proceed to post the information on a locked Report of Contact; and

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  If this is an SSI Claims system exclusion case proceed in documenting the information on an SSA-5002 (Report of Contact) and faxing it into EDCS or Evidence Portal.