COMMENT DUE DATE:
December 28, 2016
December 15, 2016
Laura Brown, Adult and Family Services Policy Liaison (405) 521-4396
Dena Thayer, Legal Services Programs Administrator 405-521-4326
Nancy Kelly, Legal Services Policy Specialist 405-522-6703
APA WF 16-10
The proposed policy is Emergency . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date. Comments are directed to Legal Services - Policy, *STO.Legal Services.Policy.
Emergency revisions have a proposed effective date of March 1, 2017.
SUBJECT:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [Amended]
(Reference APA 16-10)
SUMMARY:The proposed revisions to Chapter 50 Subchapter 7 amend the rules to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add information regarding loan verification requirements; (4) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations; (5) update terminology and a legal and rule citation.
Emergency rulemaking is requested to comply with new legislation effective 1-1-2017.
LEGAL AUTHORITY:Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes, Section 273.9 of Title 7 of the Code of Federal Regulations and Sections 529A and 2503 of Title 26 of the United States Code.
Rule Impact Statement
Legal Services - Policy
Adult and Family Services
Date:December 5, 2016
Re:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 [Amended]
(Reference APA 16-10)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 50 Subchapter 7 amend the rules to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add information regarding loan verification requirements; (4) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations;(5) update terminology and a legal and rule citation.
Strategic Plan Impact. The proposed rules achieve DHSgoals by continuously improving systems and processes and improving communication with DHS clients and staff.
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 is amended to:(1) exempt all educational assistance income; (2) explain how to consider an excess benefit allowance; (3) add clarifying information regarding loan verification requirements; (4) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations; and (5) update terminology and a legal and rule citation.
Emergency rules are proposed to comply with new legislation that is effective January 1, 2017 regarding Oklahoma ABLE accounts.Educational income is excluded and treatment of loans due to a recommendation from a contract agency as a way to reduce errors.
Repercussions.If the proposed revisions are not implemented, rules will not be in compliance with new legislation and may result in staff considering funds deposited into or withdrawn from qualified ABLE accounts as countable income in error.
Legal authority.Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes, Section 273.9 of Title 7 of the Code of Federal Regulations and Sections 529A and 2503 of Title 26 of the United States Code.
Emergency rulemaking approval is requested.Emergency rulemaking is requested to comply with new legislation effective 1-1-2017.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are households applying for or receiving SNAP food benefits and Adult and Family Services (AFS) staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are households applying for or receiving SNAP benefits and AFS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to households applying for or receiving SNAP benefits and may decrease staff errors.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed rules may reduce health risks for families with qualified ABLE accounts and facilitate the delivery of benefits and services to persons who are in need.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, health risks may not be reduced for persons with qualified ABLE accounts.
K.The date the rule impact statement was prepared and, if modified, the date modified:The rule impact statement was prepared on December 5, 2016.
SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA
PART 3. INCOME
340:50-7-22. Income exclusions
6-1-133-1-17 Only the paymentsThe worker excludes income listed in this Section are excluded from the household's countable income, from income of disqualified members whose income is counted, orand from the income of ineligible aliens who would otherwise be household members.No other income is excluded.
(1) In-kind income.In-kind income is any gain or benefit that is not in the form of money payable directly to the household, including non-monetary or in-kind benefits, such as meals, clothing, public housing, or produce from a garden.
(2) Vendor payments.Vendor payments are payments in money on behalf of a household when a person or organization outside the household uses its own funds to make a direct payment to either a household's creditors or a person or organization providing a service to the household.¢ 1
(3) Educational assistance.Educational assistance including grants, work-study, scholarships, fellowships, educational loans on which payment is deferred, veteran's education benefits, and the like are exempt
if receipt is contingent upon the student regularly attending school and the money received is intended to offset the costs of education and expenses as identified by the institution, school, program, or other grantor. ¢ 2If the money is not intended to be a reimbursement, as described in paragraph (7) of this Section, and is a gain to the client, it is considered income. ¢ 3
(4) Family Support Assistance Payment Program.Family Support Assistance Payment Program payments provided by Developmental Disabilities Services
Division (DDSD)(DDS) are excluded.
(5) Income excluded by law.Income excluded by law
(A) reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
., [Public Law (P.L.) 91-646, § 216 ].Such payments are:
(i) payments to persons displaced due to the acquisition of real property;
(ii) relocation payments to a displaced home owner toward the purchase of a replacement dwelling
ifwhen the owner purchased and occupied the dwelling within one year following displacement; and
(iii) replacement housing payments to displaced persons not eligible for a home owner's payment;
(B) payments received:
(i) under the Alaska Native Claims Settlement Act,
[P.L. 92-203 § 21(a) ];
(ii) under the Sac and Fox Indian Claims Agreement,
[P.L. 94-189 ];
(iii) from the disposition of funds to the Grand River Band of Ottawa Indians,
[P.L. 94-540 ];
(iv) by members of the Confederated Tribes of the Mescalero Reservation,
[P.L. 95-433 ];
(v) under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation,
[P.L. 96-420 ]; or
(vi) by an individual as a lump sum or a periodic payment via the Cobell settlement per the Claims Resolution Act of 2010,
[P.L. 111-291 § 101(f)(2) ];
(C) any payment to volunteers under Title II, Retired and Senior Volunteer Program (RSVP), foster grandparents and others, of the Domestic Volunteer Services Act of 1973,
[P.L. 93-113 ] as amended;
(D) income derived from certain submarginal land of the United States
which is held in trust for certain Indian tribes, [P.L. 94-114, § 6 ];
(E) Indian per capita payments distributed from judgment awards and trust funds made
pursuant toper P.L. 98-64.Also excluded is any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds.Any per capita payments, headrights of the Osage tribe, income from mineral leases or other tribal business ventures are excluded, as long as they meet the distribution requirements as stated in this paragraph.¢ 42Any interest or income derived from the funds after distribution is considered as any other income.The per capita exclusion applies per person rather than per family;
(F) income up to $2,000 per year received by individual Indians,
which is derived from leases or other uses of individually-owned trust or restricted lands.The income exclusion applies to calendar years beginning January 1, 1994.Any remaining disbursements from the trust or restricted lands are considered as income;¢ 53
(G) allowances, stipends, earnings, compensation in lieu of wages, grants, and other payments made for participation in the Workforce
InvestmentInnovation and Opportunity Act (WIA)(WIOA) of 2014, or other federally funded workforce training program to persons of all ages and student status with the exception of income paid to persons 19 years of age and older for on-the-job training.This income is treated as any other earned income;¢ 64
(H) payments, allowances, or earnings to persons participating in programs under Title I of the National and Community Service Act, such as University Year for Action (UYA), Senior Companion Program, AmeriCorps Volunteers in Service to America (VISTA) and other AmeriCorps Programs, are not included as income for purposes of determining food benefit eligibility and benefit level;
(I) payments or allowances made under any federal law for the purpose of energy assistance, Low Income Home Energy Assistance Program (LIHEAP) and utility payments, and reimbursements made by the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA);
(J) the amount of the mandatory salary reduction of military service personnel used to fund the G.I. Bill;
(K) all funds that are paid to persons under the Community Service Employment Program under Title V, P.L. 100-175.This program is authorized by the Older Americans Act.Each state and various organizations receive some Title V funds.These organizations include:
(i) Experience Works;
(ii) National Council on Aging;
(iii) National Council of Senior Citizens;
(iv) American Association of Retired Persons (AARP);
(v) U. S. Forest Service;
(vi) National Association for Spanish Speaking Elderly;
(vii) National Urban League;
(viii) National Council on Black Aging; and
(ix) National Council on Indian Aging;
(L) Earned Income Tax Credit (EITC) payments received as part of a tax refund and also EITC advance payments received as part of a paycheck,
[P.L. 100-435 ];
(M) refunds of the state EITC as a result of filing a state income tax return;
(N) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.);
(O) payments received under the Civil Liberties Act of 1988.These payments are made to persons of Japanese ancestry who were detained in interment camps during World War II;
(P) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from the exposure to radiation from nuclear testing and uranium mining;
(Q) payments for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act;
(R) payments made to persons because of their status as victims of Nazi persecution;
(S) funds distributed by Federal Emergency Management Assistance (FEMA) due to a disaster or emergency to persons directly affected by the event.This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations.For payments to be excluded, the disaster or emergency must be declared by the President of the United States;
(T) monetary allowances as described in Section 1823(c) of Title 38 of the United States Code (U.S.C.) provided to certain persons who are children of Vietnam War veterans;¢
(U) Disaster Unemployment Assistance paid to persons unemployed as a result of a major disaster;
(V) benefits paid to certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II by the Filipino Veterans Equity Compensation Fund;
(X)money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE)Program account per Sections 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes or a qualified ABLE Program account set up in any other state per the ABLE Act of 2014, (26 U.S.C. § 529A) is excluded as income when the client:¢ 6
(i) provides documents to verify the account meets exemption criteria;
(ii) verifies money deposited in the account does not exceed the annual federal gift tax exclusion amount per 26 U.S.C. § 2503(b).Any money deposited in the account in the calendar year that is in excess of the annual federal gift tax exclusion amount is considered as countable income in the amount deposited;and
(iii) verifies withdrawals from the account are used to pay qualified disability expenses.Money withdrawn for reasons other than to pay qualified disability expenses is considered as income for the month of withdrawal.
which are not considered income.
(A) The payments in (i) through (iii) of this paragraph are not considered as income.
(i) Monies withheld from any income source to repay a prior overpayment from that same source.
(ii) Monies voluntarily or involuntarily returned to repay a prior overpayment received from that same income source.
(iii) Child support payments received by Temporary Assistance for Needy Families (TANF) recipients
that areand sent to Oklahoma Child Support Services (OCSS) to maintain TANF eligibility.
(B) Monies withheld or returned to repay overpayments in federal, state, or local means-tested assistance programs are counted when they are withheld or returned to repay overpayments resulting from intentional program violation as established by the agency administering the program.
(i) In the Supplemental Nutrition Assistance Program (SNAP), willful misrepresentation is considered as intentional program violation.
(ii) The State Supplemental Payment to the Aged, Blind, and Disabled and TANF programs define intentional program violation using the terms restitution, fraud, and willful misrepresentation.
(iii) The Social Security Administration (SSA) and Veterans Benefits Administration programs define intentional program violation as fraud.Supplemental Security Income (SSI) is a means-tested program within SSA.
(A) Reimbursements for past or future expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household are not considered.¢
87Examples areof reimbursements formay include:
(i) job or training-related expenses, such as travel, per diem, uniforms, and transportation to and from job or training
sitesites. However, if these expenses are not reimbursements, they are considered income;
(ii) out-of-pocket expenses incurred by volunteers in the course of
(iii) medical or dependent care; and
(iv) services provided by Title XX of the Social Security Act.
(B) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses.The amount of the reimbursement that exceeds the actual incurred expenses is counted as income.A reimbursement is not considered to exceed actual expenses unless the provider or household indicates the amount is excessive.
(C) The worker excludes any amount the employer adds to the employee's gross income as a benefit allowance to pay for a reimbursable expense, such as insurance or dependent care.When the monthly benefit allowance exceeds the monthly expense and the employer:
(i) includes the excess in the employee's pay each month, the worker counts the excess benefit allowance as earned income; or
(ii) retains any excess until the end of the year and then provides a yearly refund to the employee, the worker excludes the refund as income as it is considered a non-recurring lump sum payment per (10)(C) of this Section.
(8) Money received for third parties.
Money received and usedThe worker excludes money the household receives and uses for the care and maintenance of a third-party beneficiary who is not a household member is not considered.
IfWhen the intended beneficiaries of a single payment are bothinclude household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member is excluded.
IfWhen the non-household member's portion cannot be readily identified, as in TANF cash assistance payments, the payment is evenly prorated among intended beneficiaries.The exclusion is applied to the non-household member's pro rata share or the amount actually used for the non-household member's care and maintenance, whichever is less.
(9) Earnings of a child.Earned income of a child who is head of his or her own household is counted.The earned income of an elementary or high school student 17 years of age
orand younger, who is under parental control of an adult household member is excluded.This exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resumeresumes following the break. IfWhen the child's earnings cannot be differentiated from those of other household members, the total earnings are prorated equally among the working members, and the child's prorated share is excluded.¢ 98
(10) Other types of excluded income.
(A) Loans.All loans, including loans from private as well as commercial institutions, are excluded.
Verification the incomeWhen the household states someone is loaning the household money to meet expenses, a statement signed by both parties is required indicating the payment is a loan is requiredand must be repaid.When the household states it receives loans on a recurrent or regular basis from the same source, the lender must sign a notarized affidavit stating the payments are loans that must be repaid or that payments will be made in accordance with an established repayment schedule.¢ 109
(B) Irregular Income.Exclude any income in the certification period that is received too infrequently or irregularly to be reasonably anticipated that is $30 or less per quarter.
(C) Non-recurring lump sum payments.Exclude money received in the form of non-recurring lump sum payments, including but not limited to:income tax refunds, rebates, credits, retroactive lump sums from SSA, SSI, public assistance, Railroad Retirement pensions,
or other payments, or retroactive lump sum insurance settlements.
(D) Cost of self-employment.Exclude the cost of producing self-employment income per OAC 340:50-7-30.¢
(E) Income of non-household members.The income of non-household members who
haveare not been disqualified or are not ineligible aliens is not considered available to the household.¢ 1210
(F) Charitable contributions.Exclude cash contributions to a household from one or more private non-profit charitable organizations, not to exceed $300 in a federal fiscal year quarter.For the purposes of this provision a quarter includes these specific months:
(i) October, November, December;
(ii) January, February, March;
(iii) April, May, June; and
(iv) July, August, September.
(G) Department of Housing and Urban Development's (HUD) Family Self-sufficiency Program (FSS) escrow accounts.Families participating in the HUD FSS program may withdraw money from
their escrow accounts prior to completion of the program.This money is excluded as income.¢ 1311
(H) Individual Development Account (IDA).Any funds deposited in an IDA operated under the Assets for Independence Act and the interest that accrues is excluded as income.
INSTRUCTIONS TO STAFF 340:50-7-22
1.Examples of excluded vendor payments
that are excluded as income areinclude payments:
(1) made by a friend, employer, agency, church, relative, or former spouse
making payments for household expenses, such as rent or utilities directly to the landlord or utility company .When the payment is made from fundswhen the money is not owed to the household , it is a vendor payment and excluded as income;
(2) made by an employer
paying a household's rent or house payment directly to the household's landlord or financial institution as compensation, in addition to paying regular wages. This is a vendor payment and excluded as income.When the employer provides a house to an employee free-of-charge, the value of the housing is not considered income;
a household receiving court-ordered monthly child support payments in the amount of $400.Later, $200 is diverted by the non-custodial parent and paid directly to a creditor of the food benefit household.The entire $400 is counted as unearned income to the household because the payment is taken from money owed to the household.Payments specified by a court order or other legally binding agreement to go directly to a third party rather than the household are excluded from income because they are not otherwise payable to the household.For example, a court awards support payments in the amount of $400 per month and, in addition, orders $200 paid directly to a bank for repayment of a loan.The $400 is counted and the $200 payment is not counted.When the court orders $400 in child support be paid to the household, but the non-custodial parent pays the household's rent directly to the landlord instead, the worker counts the $400 as unearned income because the rent was paid with money owed to the household;
(4) payments by a government agency to a child care facility for the purpose of providing child care for a household member are considered vendor payments and excluded as income; and
(5) payments or allowances made by the Department of Housing and Urban Development (HUD) or by the Farmers Home Administration (FmHA) directly to mortgage holders, landlords, or utility providers are vendor payments and excluded as income.
Exempt student income includes: (1) any money from Title IV of the Higher Education Act including federal or state work study; (2) educational assistance funded through the Veterans Administration (VA), such as the Servicemen's Readjustment Act of 1944, commonly known as the Government Issue (GI) Bill; (3) grants; (4) scholarships; (5) subsidized and unsubsidized Stafford loans; (6) federal PLUS loans; (7) TRIO grants; (8) Robert C. Byrd Honors Scholarship Program; (9) Bureau of Indian Affairs (BIA) student assistance; (10) money from the Carl D. Perkins Vocational Education Act, such as the Native American Career and Technical Education Program (NACTEP); and (11) Workforce Investment Act (WIA). 3.Student income that is not exempt includes: (1) money that is paid directly to the student and not sent through the bursar's account other than funds listed in Oklahoma Administrative Code (OAC) 340:50-7-22 Instructions to Staff # 2; (2) institutional work study; or (3) money intended as an incentive for school attendance or grades rather than school expenses. 4.Per capita payments or income from tribal business ventures, such as some of the tribal gaming payments do not always meet the distribution requirements to be exempt.When it is not known if the payments meet the distribution requirements of Public Law 98-64, the worker must contact the tribe to verify whetherif the payment meets the requirements. 53.(a) The client must provide proof of total disbursements received for the previous calendar year to determine how much, if any, of the income counts.When the client received more than $2,000, the amount over $2,000 is divided by 12 to determine monthly countable income.For example, when total disbursements equaled $2,100, the calculation is $2,100 minus $2,000 equals $100.The $100 is then divided by 12 to determine monthly countable income.
(b) When other household members also receive disbursements, the first $2000 is disregarded for each household member before any income is counted.
64.(a) There are numerous programs for which income is excluded.Some of the more common examples include income received from Youthbuild, Summer Youth, Job Corps, and paid classroom training.For less common examples, the worker must determine if the program is a federally funded workforce training program.
(b) Income, aid, services, or incentives received by households participating in programs funded by Health Profession Opportunity Grants (HPOG) per Section 5507 of the Affordable Care Act (ACA) are exempt.HPOG may be granted to state agencies, workforce investment boards, community-based organizations, or institutions of higher learning.
75.This includes income paid to children of Vietnam War veterans for any disability relating from spina bifida suffered by the child.
6.(a) The Oklahoma State Treasurer is responsible for certifying an achieving a better life experience (ABLE) account.Rules regarding an ABLE account include:
(1) only persons whose disability was established before age 26 can set up ABLE Act accounts and one account is allowed per person.
(2) there is no limit to the number of persons who can contribute to the ABLE account; and
(3)upon the death of an ABLE Act participant, every dollar remaining in the account must be paid to the state Medicaid agency to repay costs of care received by the participant during life.
(b) At application and renewal, the client must provide proof from the financial institution of the dates and amounts of money deposited into and withdrawn from the ABLE account in the last 12 months.Any amount in excess of the annual federal gift tax exclusion amount is countable income.The current gift tax exclusion amount is $14,000 per calendar year.The client must verify, preferably from the financial institution, that any funds withdrawn were used for qualified disability expenses.Funds withdrawn and not used for qualified disability expenses are considered as income for the month of withdrawal.
(c) Qualified disability expenses means any expenses related to the eligible individual's blindness or disability and approved under Section 529A of the Internal Revenue Code (Section 529A of Title 26 of the United States Code) that are made for the benefit of an eligible individual who is the designated beneficiary, including, but not limited to, expenses for:
(4) employment, training and support;
(5) assistive technology and personal support services;
(6) health, prevention and wellness, financial management and administrative expenses;
(7) legal fees;
(8) oversight and monitoring; and
(9) funeral and burial expenses.
87.Kinship Startup Stipends are considered a reimbursement for food benefit purposes and are exempt. 98.(a) For purposes of this provision, an elementary througha high school student includes someone who attends classes to obtain a General Educational Development (GED)high school equivalency certificate, when these classes are recognized, operated, or supervised by the student's state or local school district.
(b) The earned income of the student must be counted beginning the month following the month the student reaches 18 years of age.
This applies regardless of marital status as long as the student continues to live with a parent.
(c) Per Section
204(b)(1)(c)181 of the Workforce InvestmentInnovation and Opportunity Act (WIA)of 2014, on-the-job training of a child who has not had his or her 19th birthday is exempt as long as the child is under the parental control of another household member regardless of student status. 109.Per Oklahoma Administrative Code (OAC) 340:50-7-45(c)(3), a statement signed by both parties indicating the payment is a loan and must be repaid is sufficient verification.Form 08AD103E, Loan Verification, may be used for this purpose. 1210.Refer to OAC 340:50-5-5 and 340:50-5-6 for information regarding which household members are considered non-household members and how to consider their income. 1311.Exempt income from the Department of Housing and Urban Development (HUD) Family Self Sufficiency (FSS) programs includes the:
(1) Housing Choice Voucher Family Self Sufficiency Program; and
(2) Resident Opportunities and Self Sufficiency Program (ROSS).