Library: Policy

OKDHS:10-1-10. General provisions regarding income

Issued 4-1-98

All available income, except that required to be disregarded by law or Department's policy, is taken into consideration in determining need. Income is considered available both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. When an individual's income is reduced due to recoupment of an overpayment or garnishment, the gross amount before the recoupment or garnishment is counted as income. The client is responsible for reporting all income, the source, amount and regularity of receipt.

(1) Income received on behalf of a member of the assistance unit by another individual such as but not limited to a guardian or conservator, is considered available to the assistance unit.
(2) Money received and used for the care and maintenance of a third party who is not included in the assistance unit is not counted as income if it can be identified and verified as intended for third party use.
(3) If it appears any member of the assistance unit or an individual whose income and resources are considered when computing the grant is eligible for any type of income or benefits, the assistance unit must be notified in writing by the Department. The notice must contain the information that failure to apply for and take all appropriate steps to obtain such benefits within 30 days from the date of the notice will result in a determination of ineligibility. Supplemental Security Income (SSl) does not fall under these types of benefits.
(4) If the recipient and spouse are living together or they are living apart but there has not been a clear break in the family relationship, income received by either spouse and income received jointly is considered as family income. Income of individuals included in AFDC cases cannot be diverted to members in A, B or D cases. Income of a natural or adoptive parent cannot be diverted to meet the needs of a stepparent. Any family member who receives SSl is not included in an AFDC grant and consideration is not given to any of the SSl recipients income in computing the AFDC grant.
(5) Income which can reasonably be anticipated to be received is considered to be available for the month its receipt is anticipated. The assistance unit is ineligible for any month that the available income meets or exceeds the gross income maximum. The assistance unit is also ineligible if the net income meets or exceeds the payment standard for that month as shown on Appendix C-1, Schedule IX. Eligibility is determined on anticipated income, and if the income meets or exceeds the payment standard the month of receipt, or future months, the assistance unit is ineligible for that period of time.