Library: Policy

OKDHS:10-1-19. Special considerations in budgeting

Issued 4-1-98

(a)

Eligibility for ABD

. An individual who is not an SSI recipient has an option to be included in an AFDC assistance unit or may be a recipient of ABD if all eligibility requirements are met. The individual may also be included in the AFDC assistance unit pending determination of eligibility for ABD or SSI if all eligibility requirements are met.

(b) Eligibility for SSI. If it appears an individual who is included in an AFDC application might meet the eligibility conditions for AFDC and SSI, the individual has a choice to have eligibility determined for AFDC or SSI benefits. An individual who is included in an active AFDC case has this same choice.

(1) When the only dependent child is receiving SSI, the natural or adoptive parent(s) or needy caretaker relative may receive AFDC if all other factors of eligibility are met. The assistance unit will consist of the adult(s) only.
(2) When an AFDC applicant is also an applicant for SSI, eligibility for AFDC must be determined and, if eligible, the individual is included in the grant until notified of SSl eligibility.
(3) When an AFDC recipient is an applicant for SSI, SSA will advise DHS of SSI eligibility, requesting the month of AFDC termination and the amount of AFDC benefits paid for each month of SSI eligibility. The worker is responsible for providing the requested information to SSA, taking the appropriate action to adjust the grant for the next effective date and confirming such action. SSA considers a recipient removed from an AFDC grant effective with, and based on, the AFDC termination date provided orally by the local worker. If the actual date of termination is later than the date given orally to SSA, AFDC payments to SSI recipients are AFDC overpayments and must be recouped.
(4) When an AFDC recipient has been determined ineligible for SSI the individual may continue to be included in the AFDC assistance unit if all other conditions of eligibility are met.
(5) When an AFDC recipient has been determined ineligible for SSI for reasons other than a disability determination the individual may be included in a State Supplemental Payment, if all other conditions of eligibility are met.

(c) Concurrent receipt of AFDC and Supplemental Security Income. An individual may not be included in AFDC for the same month during which he or she was included in a SSI payment. Applicants and recipients are informed of their responsibility to report to the Department if any member of the assistance unit makes application for SSI or becomes eligible for SSI. Also, they are to report to the SSA if any assistance unit member has made application for AFDC or is receiving AFDC when the member makes an application for SSI.

(d) Concurrent receipt of more than one form of public assistance. A person who is included in an AFDC payment may not, for the same period, be included in another payment from AFDC or from ABD. When an AFDC applicant is eligible for AFDC but has received a weekly or bi-monthly AFDC warrant from another state for the same month the applicant is eligible in Oklahoma, the warrant from the other state will be counted as unearned income. A person who is the payee for an AFDC payment, but who is not included in that payment, is not precluded from being a recipient of ABD if the eligibility requirements for ABD are met. When a recipient of AFDC or ABD is transferred to another of these categories, the effective date must be the same for the removal from one category and the beginning of payment from the other category.

(e) Stepparent or person acting in the role of a spouse and parent(s) of a minor parent. Income of the natural or adoptive parent cannot be diverted to meet the needs of the stepparent or other dependents in the home, but must be considered available to the AFDC assistance unit. If the stepparent is an SSI recipient, consideration is not given to the stepparent's income.

(1) Stepparent income. If a stepparent (ceremonial or common law) of the children for whom AFDC is requested is living in the home with the children, the verified earned and unearned income of the stepparent, after all applicable AFDC Income disregards and work related expense, is computed to determine the amount to be considered available to the assistance unit as follows:
- (A) From the stepparent's earned income subtract the work related expense of $90.00 for (full-time or part-time employment. The exemption of the first $30 plus 1/3 of the remainder and the dependent care expense allowance is not applicable in determining stepparent's countable income.
- (B) Add the net earned income to the unearned income of the stepparent.
- (C) Subtract the need standard on Appendix C-1, Schedule IX.A., for the appropriate number of persons, including the stepparent and dependents who are not included in the assistance unit but who are living in the home and could be claimed on the stepparent's personal income taxes. Income cannot be allocated for the needs of any individual excluded because of failure to meet a program requirement.
- (D) Subtract the actual amounts paid by the stepparent to individuals not living in the household but claimed as tax dependents. It is the stepparent's responsibility to identify and verify tax dependents. The step parent's most recent income tax return can be' used as documentation of this information.
- (E) Subtract the actual payments of alimony and child support to persons outside the household.
- (F) The remaining net income of the stepparent is added to ail other gross income of persons included in the AFDC case. The total amount is then compared to the "gross income maximum". If the income does not exceed the gross income maximum the remaining income of the stepparent is considered as contribution to the assistance unit.
(2) Stepparent resources. Resources owned exclusively by the stepparent are not considered in determining the assistance unit's resource eligibility. Consideration is only given to the assistance unit's share of resources that are owned jointly with the stepparent,
(3) Person acting in the role of a spouse. When there is a person living in the home with the natural or adoptive parent who is not a spouse by legal marriage to or common-law relationship with the own parent but who is acting in the role of a spouse, the worker is responsible for interviewing this person to determine willingness to provide support for the children and the parent with whom this person is living. The worker determines from an interview with this person the amount of income and resources that will be made available to meet the needs of the children and the parent. Only contributions made in cash directly to the assistance unit can be counted as income. In-kind contributions are disregarded as income. This person and the parent are required to sign a statement as to the amount of this individual's income being made available to the children and the parent (or that no support is being provided) before need can be determined. When the individual and the client state the individual does not make a cash contribution, further development is necessary. The worker can accept a negative allegation only after exploring the individual's role in the assistance unit's financial management. The worker reviews the assistant unit's plus the person acting in the role of a spouse income versus their expenses. The policy regarding vendor payments, loans and contributions should be explained in detail. Indicators of discrepancies between reported income and expenses must be cleared. The discrepancies may be from in-kind payments for shelter, utilities, etc. Claiming all or part of the assistance unit as tax dependents would be another indication of contribution. If the parent or the person acting in the role of a spouse fails to provide information necessary to determine income eligibility the application is denied or the grant discontinued.
(4) Parent(s) of a minor parent. When a minor parent is living in the home with the minor's natural or adoptive parent(s), the need of the minor's parent(s)' are not included in the assistance unit but the parent's income is considered available to the assistance unit and computed the same as stepparent liability. The income of a minor parent's stepparent is not considered. The parent of the minor parent may be designated as the substitute payee for the case. A minor is defined as anyone under 18 years of age, regardless of marital status.

(f) Allocating or diverting income. When family members are not included in the assistance unit, special consideration is required in determining the income available to the assistance unit.

(1) Income received by an individual who is included in the assistance unit may not be allocated or diverted to individuals who are not in the assistance unit. All countable unearned income and earned income of the individual must be considered available to the assistance unit.
(2) An individual (adult or child) who is excluded from the assistance unit because of the reasons in (A) - (D) of this paragraph may not have any income allocated to meet the individual's own needs nor to any other individual who is not included in the grant. All countable unearned income and net earned income of the individual must be considered available to the assistance unit. The net earned income is determined by deducting work related expenses; and the $30 plus 1/3 exemption (if applicable); and the dependent care from the gross earned income. Reasons an individual may be excluded from the assistance unit are:
- (A) refusal to participate in the ET&E program. Only the needs of the individuals who refuse to participate, are excluded;
- (B) refusal to assign support rights or to cooperate in an effort to obtain child support. The needs of the adult(s) responsible for cooperation with CSED are excluded from the assistance unit. This would include the stepparent if the stepparent's needs were included in the assistance unit. The needs of the child(ren) are not excluded. When the excluded adult(s) agrees to cooperate, the adult(s) needs are added effective the day the adult agrees to cooperate. If the adult(s) agrees to cooperate prior to the effective date of the adult(s) needs being removed, the effective date the adult's needs are added will be the same as the removal date;
- (C) failure to apply for or provide a social security number. The caretaker relatives and child are excluded when the caretaker relatives fail to apply for or provide a social security number of that child. When the excluded caretaker relative(s) applies for or provides a social security number, the needs of the caretaker relative(s) and child(ren) are added effective the day the caretaker relative(s) provides the social security number or proof that application for social security number has been completed. If the caretaker relative(s) provides the social security number or proof that application has been made prior to the effective date of the caretaker(s) needs being removed, the effective date will be the same as the removal date;
- (D) disqualification due to intentional program violations determined as fraud by court action or an Administrative Disqualification Hearing or Administrative Disqualification Hearing Waiver (Only the needs of the individual(s) responsible for the disqualification are excluded. All other members of the assistance unit remain eligible).
(3) The net income of an alien parent who is excluded from the grant because the citizenship or alienage requirement is not met is considered the same as in stepparent deeming. However. the needs and income of disqualified alien siblings are not considered when determining eligibility of an otherwise eligible child.

(g) Parent living in the home receiving ABD. When there is a parent living in the home but not included in the AFDC grant because of receipt of ABD and not SSI, consideration is not given to that parent's individual income on the AFDC case. When a parent in the ABD case becomes ineligible to continue to receive the State Supplement Payment, the parent is included in the AFDC case and all the income and resources of the parent is considered in determining eligibility for AFDC. If consideration of the parent's income and resources causes the AFDC case to be closed, and the closure of the A, B or D case was a direct result of an overall Social Security increase, the A, B or D case will be placed in Special Medical Status. If the parent is living in the home but not included in the AFDC grant because of receipt of ABD and SSI, no consideration is given to the parent's income and the parent is not included in the AFDC assistance unit as long as the parent remains eligible for SSI.

(h) Strikers. A striker is defined as anyone involved in a strike or concerted stoppage of work by employees including a stoppage by reason of the expiration of a collective-bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees.

(1) The assistance unit is not eligible for AFDC for any month in which the natural or adoptive parent (whether included in the grant or not) is participating in a strike on the last day of that month.
(2) An individual other than the natural or adoptive parent may not be included in the grant for any month if that individual is participating in a strike on the last day of the month.