BASIC (09-05)

A. Policy - conditions of disclosure

Disclosures to State and local agencies for non-violent crimes are generally limited cases involving investigation or prosecution of fraud and abuse in income-maintenance and health-maintenance programs.

A request must meet the requirements for a valid request as discussed in GN 03312.040. See GN 03312.035 for the kinds of information that may be disclosed.

NOTE: Tax return information is defined in GN 03320.001D.1. See GN 03320.015C.3. for authorized disclosures of tax return information to State and local agencies. In these cases, handle the requests in accordance with the procedure in GN 03320.001E.

Examples of situations in which tax return information may be disclosed are to State and local agencies for administering one of the Federal grant programs such as TANF, Medicaid, State supplemental security income, unemployment, food stamps, or adult assistance programs, and child support enforcement purposes.

Moreover, tax return information may be disclosed only under the BENDEX automated data exchange because of IRS safeguard requirements (see GN 03314.150B.1., for a discussion of the BENDEX data exchange). The DEQY or SEQY should never be used for this purpose.

Local FOs should not provide tax-return information.

If a request is from an agency other than the agency with which SSA has a written agreement to furnish tax return information, seek advice from the Office of Public Disclosure, Office of the General Counsel, through the component Privacy Act Coordinator (see http://sharepoint.ba.ssa.gov/ogc/intranet/default.aspx for contact information).

B. Procedure

Follow any specific procedure discussed in GN 03312.020A. If a procedure is not discussed in GN 03312.020A, see GN 03312.001E.