340:40-7-1. Categories of eligibility
A person may be predetermined eligible for a child care benefit, determined income eligible based on the gross income of the household, or have dual eligibility with his or her tribe.
(1) Predetermined eligible.A person is predetermined eligible for a child care benefit with a zero copayment when he or she is a recipient of public assistance or Supplemental Security Income (SSI).Public assistance is defined as a State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF) that includes Supported Permanency, or Refugee Resettlement Program (RRP) cash assistance. • 1
(A)TANF recipients who work and are eligible for a child care benefit may choose to receive a child care benefit through the Oklahoma Department of Human Services (DHS) or pay for the child care themselves.When they choose to pay for the child care cost, it is considered as an earned income exemption for the TANF benefit per Oklahoma Administrative Code 340:10-3-33. • 2
(B) A person receiving public assistance or SSI is not predetermined eligible for a zero copayment when the recipient is a child and the parent or guardian requesting the benefit for the child is not the payee on the public assistance or SSI payment. • 3
(2) Income eligible.Households not predetermined eligible for a child care benefit must meet the income eligibility threshold for their family size, per DHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to receive assistance with child care costs. • 4
(3) Transitional child care.Per Section 230.61 of Title 56 of the Oklahoma Statutes, a TANF recipient who becomes employed is eligible for transitional child care benefits for 24 months following the date of employment as long as he or she meets the income eligibility threshold, per DHS Appendix C-4, for his or her family size unless the:
(A) employer provides child care benefits; or
(B) recipient's gross monthly earned income exceeds the monthly allowance of assistance pursuant to the TANF program plus the cost of child care and medical insurance to which the recipient would be entitled. • 5
(4) Dual eligibility.A person may have dual eligibility to receive child care assistance through the DHS Child Care Subsidy Program and his or her tribe.However, the child care provider may not receive payment for the same service from both programs simultaneously. • 6
INSTRUCTIONS TO STAFF 340:40-7-1
1.(a) Supplemental Security Income (SSI)is a means-tested program administered by the Social Security Administration.
(b) A child must receive at least one dollar of SSI to be considered predetermined eligible with a zero copayment.
(c) A child predetermined eligible must meet all other conditions of eligibility included in this Subchapter before subsidized child care is approved.
(d) Refer to Oklahoma Administrative Code (OAC) 340:10-22-1 for Supported Permanency Program information, OAC 340:15 for State Supplemental Payment information, and OAC 340:60 for Refugee Resettlement Program information.
(e) Enter information regarding eligibility in the Family Assistance/Client Services (FACS) Interview Notebook under the Household and Income tabs.
(f) A child continues to be considered a Temporary Assistance for Needy Families (TANF) recipient and predetermined eligible with a zero copayment when the parent or caretaker participates in the Subsidized Employment Program (SEP).Once the SEP participation period ends and the TANF benefit closes, the parent or caretaker must meet the income eligibility threshold, per Oklahoma Department of Human Services (DHS) Appendix C-4, Child Care Eligibility/Copayment Chart, at the next child care renewal, per OAC 340:40-9-1.
2.(a) The worker informs the client of his or her right to choose to pay child care costs and receive a TANF child care earned income deduction or be approved for a child care benefit.When the client chooses to receive the TANF earned income deduction, the worker:
(1) informs the client he or she must pay child care expenses out-of-pocket for one month before receiving the earned income exemption; and
(2) closes any open child care authorization, per OAC 340:40-9-3 notification requirements.
(b) A TANF recipient is never approved for Child Care and Development Fund subsidized child care and a child care earned income deduction during the same month.When a recipient received both during the same month for the same child, the worker follows overpayment procedures, per OAC 340:40-15.
3.The child is only predetermined eligible for a zero copayment when the person receiving the child's TANF benefit or SSI payment requests child care.When someone other than the person receiving the child's TANF benefit or SSI payment requests child care, the child's eligibility is based on the countable income of the person applying.This situation may occur when parents share custody.
4.(a) Refer to DHS Appendix C-4 for the income eligibility threshold.
(b) Refer to OAC 340:40-7-11 for types of income considered.
(c) Per OAC 340:40-7-12(7), household income is exempt when at least one child attends an Early Head Start-Child Care Partnership grant program or an Oklahoma Early Childhood Program and the household meets the income eligibility threshold per DHS Appendix C-4.
(d) Document income eligibility in the FACS Interview Notebook under the Household and Income tabs.
5.A former TANF recipient must meet the income eligibility threshold per DHS Appendix C-4.The TANF worker must inform the client of his or her potential eligibility for a child care benefit and document the offer in FACS Case Notes.When it is determined the client does not meet the income eligibility threshold for subsidized child care, the worker provides resources and referral information.When child care is not needed, the worker documents the client's child care arrangements in FACS case notes.The worker provides working families with Earned Income Credit and the Child Tax Credit information and encourages them to apply for the tax credits.
6.When there is a tribal child care program in the county, the worker asks the client if he or she receives subsidized child care from the program.When the client qualifies for both programs and needs child care for two need factors, DHS uses OAC 340:40 rules to determine eligibility and copayment for the hours subsidized child care is approved and the tribe uses tribal child care policy to determine eligibility and copayment for the hours it approves.An example of when DHS and the tribe may approve child care for the same client is when DHS approves child care for the client's work hours and the tribe approves child care for the client's school hours.