Library: Policy

340:10-3-56. Household composition

Revised 11-1-23

(a) Household composition. Household members who must be, may be, and must not be included in the Temporary Assistance for Needy Families (TANF) assistance unit are defined in this Section.

(1) Persons who must be included in the assistance unit, unless otherwise excluded per (3) of this subsection, are: • 1

(A) at least one TANF eligible child or a pregnant applicant or recipient who has no other children in the home; • 2

(B) the natural or adoptive parent(s); • 3 and

(C) all blood-related minor siblings living in the home with the TANF eligible child(ren), including half-brothers and half-sisters, unless:

(i) eligibility for the half-brothers and half-sisters does not exist; • 4

(ii) a minor parent is the adult in the assistance unit and the minor parent's siblings live in the same home;

(iii) a blood-related minor sibling receives Supplemental Security Income (SSI); or

(iv) a blood-related minor sibling is an ineligible alien, per Oklahoma Administrative Code (OAC) 340:10-15-1.

(2) Persons whose needs may be included are:

(A) the stepparent when the natural or adoptive parent is incapacitated, per OAC 340:10-10-2 or absent, per OAC 340:10-10-4;

(B) a caretaker relative-payee meeting the definition of needy, per OAC 340:10-3-30(c), who lives with the child(ren), takes responsibility for their needs because the natural or adoptive parent is absent from the home, and is of the specified degree of relationship, per OAC 340:10-9-1.;

(i) receives SSI; or

(ii) was removed from the home by a child protection action and the plan for the child(ren) is impending reunification, per OAC 340:10-3-57(i); • 5

(D) the caretaker relative when the only child(ren) in the home receives federal or state foster care maintenance payments;

(E) the adoptive parent(s) when the only dependent child(ren) receives a Title IV-E or state adoption subsidy;

(F) a family that includes any head of household or a spouse of the head of household who received TANF benefits for a total of 60-cumulative months nationwide, whether consecutive or not, and a hardship extension is approved. • 6 All other TANF eligibility conditions must be met. The hardship extensions are:

(i) under-employment. This occurs when the parent or needy caretaker regularly works 30 hours or more per week, earns at least minimum wage or its equivalent, and the assistance unit’s income is insufficient to close the TANF cash assistance;

(ii) chronically under-employed. This occurs when the parent or needy caretaker is under-employed over an extended time period because of documented barriers; • 7

(iii) pending SSI or Social Security Administration (SSA) disability application. This extension is granted only when Adult and Family Services (AFS) TANF Unit staff determines the disability application has merit and the participant pursues all appeals through a decision by the SSA Appeals Council. • 8 When the SSA Appeals Council issues an unfavorable decision after the parent or needy caretaker is approved for a hardship extension, the worker notifies AFS TANF Unit staff, and closes the TANF benefit for the next advance notice effective date, per Oklahoma Human Services Appendix B-2, Deadlines for Case Actions; • 9

(iv) care of a disabled child(ren) or spouse. This extension is granted only when verification is provided to show the participant is needed in the home to care for this disabled person and alternative care is unavailable; • 10

(v) a clinical diagnosis of mental illness. The participant is diagnosed with, and receiving treatment for, a mental disorder listed at Part 404, Subpart P, Appendix 1 of Title 20 of the Code of Federal Regulations. • 11 This mental illness must interfere with the participant maintaining or obtaining gainful employment. When appropriate, the participant participates in other work activities in conjunction with receiving treatment;

(vi) a substance abuse treatment plan, per OAC 340:10-2-6. The participant has a treatment plan requiring: • 12

(I) intensive aftercare treatment for nine hours or more per week in conjunction with other appropriate work activities;

(II) outpatient treatment for nine hours or more per week in conjunction with other appropriate work activities; or

(III) is in full-time inpatient treatment;

(vii) a continuing training or educational activity. The participant, during the 60th month, is regularly attending an approved training or educational activity that will be completed in less than 12 months;

(G) a child(ren) of a minor in foster care when the minor's child is not included in a foster care payment; or

(H) a child(ren) living with a parent permanently deemed ineligible due to a fourth violation of using the TANF cash assistance in a prohibited location, per OAC 340:10-3-57(h)(2).

(3) Persons whose needs may not be included are:

(A) a person who received a State Supplemental Payment (SSP) for the same month;

(B) a person who received or is included in an SSI payment for the same month; • 13

(D) a child(ren) included in a foster care payment; • 14

(E) an adopted child(ren) receiving an adoption subsidy;

(F) an alien who is not legally admitted to the United States for permanent residence or does not meet alienage requirements; • 15

(G) a caretaker other than a stepparent when the natural or adoptive parent is in the home;

(H) a person whose period of ineligibility due to receipt of a lump sum payment has not expired;

(I) a stepparent when the natural or adoptive parent is in the home and not incapacitated;

(J) a person in a household that is eligible to receive benefits under a tribal TANF program; • 16

(K) a fugitive felon; • 17

(L) a probation or parole violator; • 17

(M) a person convicted of having fraudulently misrepresented residence in order to obtain assistance in more than one state. The person is ineligible for a 10-year period that begins on the conviction date; • 18

(N) child(ren) in a family that includes any head of household or a spouse of the head of household who received TANF benefits for a total of 60-cumulative months, whether or not consecutive, and a hardship extension is not approved; • 19

(O) a minor unmarried payee who has a dependent child(ren) in the minor's care and does not reside with a parent(s), legal guardian, or other adult relative 18 years of age or older.

(i) For the minor payee to be eligible for TANF benefits, the minor must live:

(I) with the minor's natural or adoptive parent(s);

(II) with a stepparent;

(III) with a legal guardian;

(IV) with another adult relative 18 years of age or older; or

(V) in a foster home, maternity home, or other adult supervised supportive living arrangement. A supportive living arrangement is a privately maintained family setting and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services, such as counseling and guidance.

(ii) The minor payee may reside elsewhere and be eligible for TANF if good cause is established because the:

(I) minor has no living parent or legal guardian whose whereabouts are known;

(II) parent(s), legal guardian, or other adult relative does not allow the minor to live in the home;

(III) physical or emotional health or safety of the minor or the minor's dependent child(ren) is jeopardized when the minor or the minor's dependent child(ren) lives in the home with the parent(s), legal guardian, or other adult relative 18 years of age or older;

(IV) minor parent has lived apart from his or her parent(s), legal guardian, or other adult relative 18 years of age or older for at least one year before the birth of the child or before the minor applies for benefits; or

(V) minor parent is legally emancipated, per Chapter 4, Title 10 of the Oklahoma Statutes. A minor is legally emancipated when the district court granted the minor authority to act on his or her own behalf;

(P) an adult parent or needy caretaker permanently deemed ineligible due to a fourth violation of using TANF cash assistance in a prohibited location, per OAC 340:10-3-57(h)(1)(D).

(b) Temporary absence. In general, when a person included in a TANF assistance unit is temporarily absent from the home, he or she continues to be included for at least three months unless circumstances unrelated to the temporary absence occurs or a longer period of absence is permitted as indicated in this subsection. Persons temporarily absent from the home and included in the assistance unit are a: • 20

(1) person receiving training or education for employment during the time the training or educational activities take place;

(2) child(ren), during the school term, attending:

(A) boarding school;

(B) the School for the Blind or the School for the Deaf;

(i) the parent or needy caretaker maintains normal ties with the child;

(ii) the child(ren) continues under the payee's control and guidance during the absence; and

(III) the payee is responsible for meeting the child(ren)'s expenses;

(3) child(ren) absent from the home to visit the non-custodial parent for a maximum of three months. This consideration applies only to visitation and does not apply if the non-custodial parent has physical and legal custody of the child(ren) during these three months;

(4) person absent from the home because of entrance into a private facility for treatment, rehabilitation, behavioral problems, or special training for up to four months. When an assessment indicates the person is expected to be absent more than four months, the person's needs are not included in the assistance unit;

(5) person absent from the home for medical services, other than institutionalization for mental illness treatment, intellectual disability, or tuberculosis, for up to six months. Six-month extensions may be allowed when verification indicates the person may return to the home within the next six months;

(6) person absent from the home to receive substance abuse treatment for up to four months when not subject to requirements, per OAC 340:10-4-1. A four-month extension may be allowed when verification indicates the person will return to the home within the next four months; or

(7) person absent from the home to receive nursing care approved by the Oklahoma Health Care Authority, Level of Care Evaluation Unit. When it appears the person is disabled, an SSP application is taken, and a referral made to the SSA district office for an SSI application.

INSTRUCTIONS TO STAFF 340:10-3-56

Revised 11-1-23

1. When a person is required to be included in two or more assistance units in the same household, the assistance units are combined, and the case records consolidated.

2. The client must provide verification from a medical professional that verifies the pregnancy and the estimated delivery date.

3. Refer to Oklahoma Administrative Code (OAC) 340:10-9-1 Instructions to Staff (ITS) # 2(a) when parental rights are terminated.

4. (a) When both parents of a half-sibling are in the home and deprivation cannot be established, per OAC 340:10-10-1, the half-sibling is not included in the assistance unit. When this occurs, the Temporary Assistance for Needy Families (TANF) assistance unit consists of the natural or adoptive parent and his or her child(ren) from a prior relationship.

(b) When each adult has a child(ren) from a prior relationship, the worker opens or continues benefits in one or two separate cases.

5. This provision applies to active TANF benefits only. Refer to OAC 340:10-3-57(i) for more information about impending reunification. Impending reunification is the anticipated return of the child(ren) to the home within four months.

6. (a) A client is restricted to a nationwide, lifetime limit of 60 months of TANF, per OAC 340:10-1-3(f), unless a hardship extension is approved.

(b) When a person applying for TANF reports moving to Oklahoma from another state, the worker contacts the other state to determine if the applicant currently receives TANF and the number of TANF receipt months in the other state, per OAC 340:10-7-1. When the worker is unable to contact the other state by phone, he or she sends Form 08AD080E, Out-of-State Inquiry, to each state the applicant reports living in since August 27, 1996, to verify the number of months TANF was received out-of-state.

(c) When an applicant or recipient received 60 months or more of TANF benefits, a hardship extension must be requested and approved by Adult and Family Services (AFS) TANF Unit staff before further benefits are approved. During an interview, the worker informs the applicant or recipient of the reasons a hardship extension may be approved.

(1) When the client meets all other eligibility factors and requests a hardship extension, the worker and applicant complete and sign Part I of Form 08TW024E, Extension Request for Temporary Assistance for Needy Families (TANF).

(A) The worker:

(i) gathers information to determine if the applicant meets the hardship criteria listed on Form 08TW024E;

(ii) gives the applicant Form 08AD092E, Client Contact and Information Request, to request additional documentation to support the hardship request, when needed;

(iii) images documents to the case record that verify out-of-state benefit receipt and support the hardship request, such as assessments, diagnostic tests, and medical records and statements;

(iv) documents reasons for a hardship extension in case notes; and

(v) sends Form 08TW024E to a supervisor who emails it to AFS.TANF@okdhs.org to request a hardship extension decision. When other documentation is provided after the email is sent, the worker images the documents to the case record, and a supervisor emails AFS.TANF@okdhs.org to inform AFS TANF Unit staff of the additional information.

(B) AFS TANF Unit staff reviews all documentation provided, completes Part II of Form 08TW024E showing the hardship extension request approval or disapproval, and sends the completed Form 08TW024E to the worker. When the extension request is:

(i) approved, Form 08TW024E indicates when the extension request must be reviewed. The worker enters a TANF Work authorization in FACS using the appropriate TANF Work extension component to designate the reason for the extension and enters the review date shown on Form 08TW024E. When the approval is based on client agreement to participate in a work activity, the worker opens a TANF Work authorization for the activity to track participation hours and pay the client a participation allowance; or

(ii) disapproved, the worker denies the application using code 29A "TANF extension not approved - receipt of TANF benefits for 60 months."

(2) When the applicant checks an extension is not requested on Form 08TW024E, the worker forwards Form 08TW024E to a supervisor and denies the application using code 29 "TANF extension not requested – receipt of TANF benefits for 60 months." The supervisor emails Form 08TW024E to the AFS TANF Unit staff at AFS.TANF@okdhs.org. AFS TANF Unit staff reviews Form 08TW024E, completes Part II, and returns it to the worker.

(d) The system sends an automatic notice in the 57th month of benefit receipt to inform the client that benefits are ending soon and to request the client contact the worker. The system notifies all TANF cases within 90-calendar days of the 60-month lifetime limit. When the system notifies the worker, the worker makes a home visit or sends the client Form 08AD092E requesting an interview to determine if the client wishes to request a hardship extension request.

(1) When the client participates in an interview and requests an extension, the worker follows the procedures outlined in (c)(1) of this Instruction. The TANF benefit remains active until the extension request is approved or disapproved.

(2) When the client fails to respond to the interview request or indicates on Form 08TW024E that an extension is not requested, the worker closes the TANF benefit for the next effective date and follows the procedures outlined in (c)(2) of this Instruction. Per OAC 340:65-5-1(h), when the client requests a fair hearing during the 10-calendar day period following closure notice issuance, the benefit may remain open until an Oklahoma Human Services (OKDHS) Legal Services Appeals Unit decision is made.

(A) When the client requests the TANF benefit be reopened within 30-calendar days from the closure effective date, the worker and client complete and sign Part I of Form 08TW024E during an interview. The worker follows the procedures outlined in (c)(1) of this Instruction.

(B) The client's signature date on Form 08TW024E is used as the hardship extension request application date. Action is not taken on the hardship extension request until AFS TANF Unit staff reaches a decision. When the hardship extension request is:

(i) approved, the worker reopens the TANF benefit using the appropriate administrative reopening code; or

(ii) disapproved, the worker denies the TANF request using code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(3) When the client requests an extension and it is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(4) When the hardship extension is requested and disapproved or the client did not request an extension, the system notifies the worker 30-calendar days before the closure effective date. The worker makes a home visit to determine the family's circumstances and offers appropriate services. The worker documents the interview and current family circumstances in case notes.

(e) When AFS TANF Unit staff approves the hardship extension request and the reason for the extension changes during the extension period, the worker and client complete and sign a new Part I of Form 08TW024E. The worker emails Form 08TW024E to a supervisor and ensures supporting documentation is in the case record. The supervisor emails Form 08TW024E to AFS.TANF@okdhs.org for a decision.

(1) When the new request is approved, the worker closes the previously approved TANF Work hardship extension authorization and enters a new TANF Work hardship extension authorization with the new review date.

(2) When the new request is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(f) When the client's hardship extension approval time frame ends, the worker makes a home visit or sends the client Form 08AD092E requesting an interview to determine if the client wishes to request an additional hardship extension.

(1) When the client requests an additional extension, the worker and client complete and sign Part I of Form 08TW025E, Extension Review/Disposition. The worker gives Form 08AD092E to the client when additional supporting documentation is needed.

(2) The worker emails Form 08TW025E to a supervisor and images any supporting documentation to the case record. The supervisors emails Form 08TW025E to AFS.TANF@okdhs.org. AFS TANF Unit staff reviews the request, completes Part II of Form 08TW025E approving or disapproving the request, and sends Form 08TW025E and all submitted information to the worker.

(A) When the continued extension is approved, the worker updates the review date on the TANF Work hardship extension authorization and makes updates as needed to open TANF Work authorizations to track participation hours.

(B) When the extension request is disapproved, the worker closes the TANF benefit for the next advance notice effective date, per OKDHS Appendix B-2, Deadlines for Case Actions, using the code 29C "receipt of 60 months of TANF. Extension time frame completed."

(2) When the client fails to respond to the interview request or indicates on Form 08TW025E that a continued extension is not requested, the worker closes the TANF benefit for the next advance notice effective date, per OKDHS Appendix B-2, using code 29C "receipt of 60 months of TANF. Extension time frame completed."

(3) When a hardship extension is requested and disapproved or the client does not request an extension, the system notifies the worker 30-calendar days before the closure effective date. The worker makes a home visit to determine the family's circumstances and offers appropriate services. The worker documents the interview and family circumstances in case notes.

(g) When a hardship extension request is approved and the client fails, without good cause, per OAC 340:10-2-2, to follow through with the extension approval's authorized employment plan, the worker closes the TANF benefit for the next advance notice effective month, per DHS Appendix B-2, using code 29B "TANF extension – failed or refused to meet TANF Work requirements" and asks a supervisor to email AFS.TANF@okdhs.org to report benefit closure.

(1) When there is no contact with the person within 30-calendar days after the closure effective date, the worker makes a home visit to determine the family's circumstances and offers appropriate services.

(2) Persons who agree to participate within 60-calendar days of benefit closure may have their benefit reopened on reconsideration of the administrative action. The effective date is dependent upon the person's successful participation in an assigned work activity and the circumstances of the case. The worker documents in FACS Case Notes and the Participation Compliance Agreement section of Form 08TW002E, TANF Work/Personal Responsibility Agreement, any requirement placed on the person before the TANF benefit is reopened.

(3) When the hardship extension review occurs during the 60-calendar day time frame and the TANF benefit is reopened, the worker and client complete and sign a new Form 08TW025E at the interview. The worker gives Form 08AD092E to the client when additional supporting documentation is needed. The worker emails the request and supporting documentation to a supervisor, and the supervisor emails AFS.TANF@okdhs.org.

(4) When the hardship extension review is due after the 60-calendar day time frame and the TANF benefit is reopened, the original review time frame and procedures are followed. Refer to OAC 340:10-2-2 ITS # 7 for consideration of Food Stamp Penalty Income and ITS # 5 for good cause reasons.

(h) A new application and Form 08TW024E are completed and signed by the worker and the client at the interview when the client requests TANF:

(1) more than 30-calendar days from the closure effective date for a reason other than reaching 60 months of TANF receipt; or

(2) when TANF closes following a hardship extension approval because the client does not meet the situation described in (e) of this Instruction. The worker follows the same procedures outlined in (c)(1) of this Instruction.

(i) When the client requests the TANF benefit be reopened following closure due to failure to cooperate with TANF Work requirements between the 57th and 60th calendar month, the worker and client complete and sign Part I of Form 08TW024E and update Form 08TW002E at the interview. The worker follows procedures per (c)(1) of this Instruction. AFS TANF staff waits to make a decision on the extension request until benefits are reopened.

(j) When the client received 60 months of TANF benefits and benefits closed due to failure to cooperate with TANF Work (52A) rather than 29A "TANF extension not approved – receipt of TANF benefits for 60 months," and the client requests an extension within 60-calendar days of closure, a new application form is not required. Part I of Form 08TW024E and Form 08TW002E are completed and signed by worker and client at the interview. The worker follows the same procedures at (c)(1) of this Instruction. The TANF benefit remains closed until the client is cooperating in a new TANF Work plan and the hardship extension approval is received by worker.

7. Barriers may include, but are not limited to, learning disabilities, physical limitations, including a high-risk or late term pregnancy, or mental disorders OKDHS staff or other community partners observe. Medical records are not required to document the observed mental disorder.

8. Examples of merit include, when the:

(1) client obtains legal representation for the participant's own Supplemental Security Income (SSI) or Social Security disability application;

(2) Disability Advocacy Program-contracted law firm determines merit, per OAC 340:10-2-8(c)(6); or

(3) Oklahoma Department of Rehabilitation Services denies services to a client because employment is unlikely.

9. The decision by the Social Security Administration Appeals Council to send the request back to the Administrative Law Judge is not an unfavorable decision.

10. The person requiring care does not have to receive disability benefits; however, documentation must verify the person cannot provide self-care due to physical or mental impairment and requires 24/7 care. The person requiring care must be related to the client and live in the same household.

11. The mental disorders at Part 404, Subpart P, Appendix 1, of Title 20 of the Code of Federal Regulations are arranged in nine diagnostic categories:

(1) 12.02 – organic mental disorders;

(2) 12.03 - schizophrenia, paranoia, and other psychotic disorders;

(3) 12.04 – affective disorders, such as depressive syndrome, manic syndrome, or bipolar syndrome;

(4) 12.05 - mental retardation;

(5) 12.06 – anxiety-related disorders, including post-traumatic stress disorder;

(6) 12.07 - somatoform disorders;

(7) 12.08 - personality disorders;

(8) 12.09 – substance addiction disorders; and

(9) 12.10 – autistic disorder and other pervasive developmental disorders.

12. When the required nine hours or more per week of treatment is not available in the community, the client continues to be eligible until the appropriate services are provided.

13. When a client is approved for SSI, the worker removes the recipient from the TANF benefit for the next advance notice effective date, per OKDHS Appendix B-2, Deadlines for Case Actions. When the initial SSI payment is received prior to the removal date, no overpayment exists.

14. A child is not included in a TANF and foster care payment for the same days. When a relative applies for TANF for a child included in a foster care payment, the worker approves TANF the day following the final foster care payment.

(1) For example, a relative applies for TANF for a child approved for a foster care payment for July 1st and 2nd on July 3rd. The child is not eligible for TANF for the month of July unless the money expended in foster care is less than the TANF amount for the child.

(A) When the relative applies for TANF on July 3rd and the foster care claim for July is $28.66, the relative is eligible for a partial $75.34 TANF payment for July. The prorated TANF payment for the child is $104 - $28.66 = $75.34.

(B) When the relative applies for TANF on July 15th and the foster care claim for July exceeds the prorated TANF amount, the child is not eligible for TANF until August.

(2) Foster care payments are received the month following the claim and are considered for the month of care.

(3) The AFS worker confirms with the Child Welfare Services specialist the days the child was in custody and will be claimed for the month. When the child is eligible for a partial payment, the worker counts the foster care claim amount as unearned for the initial month and removes the income after certification.

15. Refer to OAC 340:10-15-1 regarding alien status and OAC 340:10-3-57(f)(2) regarding income calculation.

16. Refer to OAC 340:10-3-57(b) regarding concurrent receipt of assistance.

17. Refer to OAC 340:65-1-2(b)(4)(B) regarding information that may be disclosed to federal, state, and local law enforcement officers.

18. During the application interview, the worker asks the client if any household member has been convicted in federal or state court of fraudulently misrepresenting residence to receive TANF, food benefits, medical benefits, or Supplemental Security Income in two or more states at the same time.

(1) When the client lived in other states prior to moving to Oklahoma, the worker calls or sends these states Form 08AD080E to determine the number of TANF receipt months; and if a household member was convicted for fraudulently mispresenting residence.

(2) When a person was convicted of fraudulently mispresenting residence, he or she is ineligible for a TANF benefit for 10 years. The 10-year ineligibility begins on the conviction date. When the person is someone who must be included in the assistance unit, per (a)(1) of this Section, his or her income and resources are included in their entirety to determine the rest of the assistance unit's eligibility.

(3) The worker documents in FACS case notes the client's and other states' responses to the question regarding fraudulent receipt of benefits, if the person convicted is in the home, what verification was received, and the type of action taken.

19. Refer to OAC 340:10-1-3(f) and ITS # 5 of this Section.

20. (a) The worker is responsible for working with the parent or needy caretaker who is temporarily absent from the home to ensure the child(ren) receives the benefits for which he or she is eligible. When the parent or needy caretaker refuses or fails to make the benefit available, the worker closes the TANF benefit.

(b) Refer to OAC 340:50-5-1(d) for food benefit rules regarding temporary absences.