340:10-3-3. Home property
The home and surrounding property necessary for the operation of the home is exempt regardless of the value. For purposes of the home resource exclusion, a home is defined as any shelter in which the individual has an ownership interest and which is used by the individual as his or her principal place of residence. The home may be either real or personal property, fixed or mobile.
- (1) The home as described in this Section may be retained without affecting eligibility during periods when it is necessary to be absent for illness or other reason. The Oklahoma Department of Human Services (OKDHS) has not set a definite time limit to the individual's absence from the home. •1
- (2) When it is determined the individual does not have a feasible plan for and is not expected to return to the home, the current market value of the property is considered in relation to the maximum resource standard. Once the property is determined a resource, the individual is responsible for converting it for use in meeting current needs. If the individual fails or is unwilling to take steps necessary to convert the resource, continuing eligibility cannot be established. The individual is advised as to the effective date of denial or closure and his or her right to receive cash assistance when the resources are within the maximum resource standard provided other conditions of eligibility continue to be met.
- (3) When a recipient sells his or her home with the intention of purchasing another home or when an insurance payment for damage to the home is received, a reasonable period of time is given to use the money for the intended purpose. A reasonable period of time is 90 calendar days. •2
- (4) At the point a recipient decides not to use the funds from the sale of his or her home to purchase another home, an evaluation is made in accordance with OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX C. The amount considered available is the total payment received from the sale of the home. At the point a recipient decides not to use an insurance payment received to repair damage to the home, the lump sum rule applies. •3
- (5) A home traded for another home of equal value does not affect the recipient's eligibility status. If the home is traded for a home of lesser value, the difference may be invested in improvement of the new home.
Absences from home for trips, visits, and hospitalizations do not affect the home exclusion as long as the individual intends to return home. An absence of this nature of more than six months may indicate that the home no longer serves as the principal place of residence. If the home is used by an eligible or ineligible spouse or dependent relative during the individual's absence, it continues to be considered his or her principal place of residence as long as the spouse or dependent relative continues to live there and the absence is alleged to be temporary. For purposes of this reference a relative is defined as: son, daughter, grandson, granddaughter, stepson, stepdaughter, in-laws, mother, father, stepmother, stepfather, half sister, half brother, niece, nephew, grandmother, grandfather, aunt, uncle, sister, brother, stepbrother, and stepsister.
Extensions beyond the 90 calendar days may be justified in special instances when completion of the transaction is beyond the recipient's control.
Refer to OAC 340:10-3-28