340:15-1-6. Special requirements
(a) Alms solicitation. Per Section 164 of Title 56 of the Oklahoma Statutes, a recipient of a State Supplemental Payment (SSP) for the blind must not solicit alms while receiving SSP. Soliciting alms means collecting donations for one's personal benefit, selling minor articles when selling is merely a subterfuge for collecting donations, and any similar activities. It does not include house-to-house sale of articles carried on as a regular established occupation. The client's statement regarding alms solicitation is sufficient verification when there are no facts to the contrary.
(b) Minor child who is blind or disabled. To determine SSP eligibility for a child who is blind or disabled, the income and resources of the parent(s) with whom the child is living is considered unless the parent(s) is included in a SSP or Temporary Assistance for Needy Families (TANF) application or benefit.
(1) Income deeming. When determining SSP eligibility for a child younger than 18 years of age who is blind or disabled, a natural or adoptive parent(s)', or step-parent's income must be deemed to the child. An ineligible child's income is not deemed to the eligible child who is blind or disabled. The parent(s)' income is not deemed when the eligible child resides in a nursing care facility. Refer to Oklahoma Administrative Code (OAC) 317:35-5-42(n) and (o) for deeming computation procedures.
(2) Resource deeming. When a minor child, who is blind or disabled lives with his or her parent(s), the parent(s)' resources in excess of the resource standard, per Oklahoma Human Services OKDHS Appendix C-1, Schedule VIII.D, are deemed to the child unless the parent(s) receives Supplemental Security Income (SSI), SSP, or is included in a TANF cash assistance payment or the child resides in a nursing care facility. When there is more than one eligible child in the home, the parent(s)' excess resource amount is prorated between the eligible children. • 1
(3) When the child is ineligible for SSP. When a child with intellectual disabilities is ineligible for SSP due to deeming his or her parent(s)' income and/or resources, the child may be approved for SoonerCare (Medicaid) benefits under the Home and Community-Based Waiver (HCBW) Services, per OAC 317:35-9. When the child is not eligible for HCBW, the child may be eligible for SoonerCare (Medicaid) benefits under the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248), known as TEFRA, per OAC 317:35-5-4 and 317:35-7-36.
(1) SSP age requirement for the aged. A person must be 65 years of age and older to meet the age requirement for SSP for Aid to the Aged. Eligibility is verified by the Social Security Administration or other records, such as a birth certificate, insurance policies, family records, or census records.
(2) SSP age requirement for the blind. There is no age requirement to receive SSP for the blind. When a child who is blind is younger than 16 years of age, his or her age must be verified in order to establish the need for designating a parent or guardian as payee.
(3) SSP age requirement for persons with disabilities. To be eligible for a SSP for the disabled, an applicant or recipient must be younger than 65 years of age. A parent or guardian must be designated as payee when a child who is disabled is younger than 16 years of age.
(d) Fleeing felon. A fleeing felon is not eligible for a SSP. Per Section 1382(e)(4) of Title 42 of the United States Code, a fleeing felon is defined as a person who:
(1) is fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed;
(2) is violating a condition of probation or parole imposed under federal or state law; or
(3) lost SSI benefits due to being a fleeing felon.
(e) Overpayments. A client may incur an SSP overpayment for any month in which he or she receives an SSP after SSI benefits close and the client's income is above the SSP standard, per OKDHS Appendix C-1, Schedule VIII.A, or the client received a larger SSP than he or she was eligible to receive. • 2 The overpayment amount includes any premiums for Health Insurance Benefits paid by the Oklahoma Health Care Authority on behalf of an ineligible client. The Adult and Family Services Benefit Integrity and Recovery Unit establishes and collects overpayment claims, per OAC 340:65-9. • 3
INSTRUCTIONS TO STAFF 340:15-1-6
1. The worker documents the parent(s)' resources in Family Assistance/Client Services (FACS) case notes and how much of the resources, if any, are deemed to the child. The worker only enters the resources deemed to the child in the 'resource amount' and 'resource indicator' fields of the FACS Interview Notebook Resource tab.
2. When Supplemental Security Income (SSI) closes because the client receives additional income, such as Retirement, Survivor's and Disability Insurance or Veteran's Administration benefits but his or her income remains below the State Supplemental Payment standard, no overpayment is incurred.
3. The worker documents and computes the overpayment amount and sends the overpayment referral to the Adult and Family Services Integrity and Recovery Unit for establishment and collection. The overpayment amount calculated for premiums paid by the Oklahoma Health Care Authority is the monthly buy-in cost shown on the PY screen under the BIL prefix.