COMMENT DUE DATE:

April 13, 2020

DATE:

April 2, 2020

Laura Brown, AFS Policy Liaison 405-521-4396

Dena Thayer, Legal Services Programs Administrator 405-521-4326

Nancy Kelly, Legal Services Policy Specialist 405-522-6703

RE:

APA WF 20-03

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org.

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 *STO.LegalServices.Policy@okdhs.org.The proposed policy is EMERGENCY.

SUBJECT:

CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 3. Application Process

340:50-3-1 [AMENDED]

340:50-3-2 [AMENDED]

Subchapter 7. Financial Eligibility Criteria

Part 1. Resources

340:50-7-1 [Instructions to Staff Only]

340:50-7-6 [NEW]

Subchapter 9. Eligibility and Benefit Determination Procedures

340:50-9-5 [Instructions to Staff Only]

Subchapter 11. Special Procedures

Part 1. Households Entitled To Expedited Service

340:50-11-5 [AMENDED]

340:50-11-6 [AMENDED]

Part 12. Categorically Eligible Households

340:50-11-111 [AMENDED]

(Reference WF 20-03)

SUMMARY:The proposed revisions to Chapter 50, Subchapter 3 amend the rules to: (1) remove the ability to postpone the interview requirement for expedited services and a worker instruction regarding quality control reviews; (2) remove incorrect information about scheduling an interview outside of normal office hours; (3) add information regarding the notice of missed interview and procedures to follow when this occurs; (4) add additional worker responsibilities during the client interview; (5) rearrange and add information for greater clarity; and (6) update terminology.

The proposed revisions to Chapter 50, Subchapter 7 amend the rules to add a new Section regarding resource requirements for households containing a sponsored alien and non-categorically eligible households to:(1) describe which households must have resources considered in determining their eligibility for Supplemental Nutrition Assistance Program (SNAP) food benefits; (2) describe what is considered countable, excluded, and transferred resources; (3) clarify that resource requirements only apply to households with substantial lottery or gambling winnings the first time they apply and are approved following closure due to the winnings; and (4) add legal and policy citations.

The proposed revisions to Chapter 50, Subchapter 11 amend the rules to:(1) remove the ability to postpone the interview requirement for expedited services; (2) clarify reasonable efforts to verify information prior to certification and by what dates the household must provide postponed verification to avoid a break in benefits; (3) rearrange and add information and taglines for greater clarity; and (4) update the list of households that cannot be considered categorically eligible to include households that: (a) were closed because of substantial lottery or gambling winners the first time they reapply following closure; (b) include a household member disqualified for .an intentional program violation, (c) disqualified for being a fleeing felon, probation or a parole violator, or convicted of certain crimes; or (d) include a head of household disqualified for failing to comply with work requirements.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested to comply with recently issued federal guidance.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Sections 273.2, 273.8, and 273.11 of Title 7 of the Code of Federal Regulations (C.F.R); FNS Informational Memo Discontinuation of the Postpone Expedited Service Waiver, and FNS Informational Memo: Questions and Answers: Final Rule Implementation Memo for Lottery and Gambling Provisions.

Rule Impact Statement

To:Programs Administrator

Legal Services - Policy

From:Patrick Klein,Director

Adult and Family Services

Date:March 12, 2020

Re:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 3. Application Process

340:50-3-1 [AMENDED]

340:50-3-2 [AMENDED]

Subchapter 7. Financial Eligibility Criteria

Part 1. Resources

340:50-7-6 [NEW]

Subchapter 11. Special Procedures

Part 1. Households Entitled To Expedited Service

340:50-11-5 [AMENDED]

340:50-11-6 [AMENDED]

Part 12. Categorically Eligible Households

340:50-11-111 [AMENDED]

(Reference WF 20-03)

Contact:Laura Brown, 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose.

The proposed revisions to Chapter 50, Subchapter 3 amend the rules to: (1) remove the ability to postpone the interview requirement for expedited services and a worker instruction regarding quality control reviews; (2) remove incorrect information about scheduling an interview outside of normal office hours; (3) add information regarding the notice of missed interview and procedures to follow when this occurs; (4) add additional worker responsibilities during the client interview; (5) rearrange and add information for greater clarity; and (6) update terminology.

Strategic Plan Impact. The proposed rules achieve Oklahoma Department of Human Services (OKDHS)goals by continuously improving systems and processes and improving communication with OKDHS clients and staff.

Substantive changes.

Subchapter 3. Application Process

Oklahoma Administrative Code (OAC) 340:50-3-1 is amended to: (1) remove the ability to postpone the interview requirement for expedited services; (2) add clarifying information; and (3) update terminology.

OAC 340:50-3-2 is amended to: (1) remove the ability to postpone the interview requirement for expedited services and a worker instruction regarding quality control reviews; (2) remove incorrect information about scheduling an interview outside of normal office hours; (3) add information regarding the notice of missed interview and procedures to follow when this occurs; (4) add additional worker responsibilities during the client interview; (5) rearrange and add information for greater clarity; and (6) add rule citations.

Subchapter 7. Financial Eligibility Criteria

Part 1. Resources considered

OAC 340:50-7-6 is issued to add resource requirements for households containing a sponsored alien and non-categorically eligible households to:(1) describe which households must have resources considered in determining their eligibility for Supplemental Nutrition Assistance Program (SNAP) food benefits; (2) describe what is considered countable, excluded, and transferred resources; (3) clarify that resource requirements only apply to households with substantial lottery or gambling winnings the first time they apply and are approved following closure due to the winnings; and (4) add legal and policy citations.

Subchapter 11. Special Procedures

Part 1. Households Entitled To Expedited Service

OAC 340:50-11-5 is amended to: (1) remove the ability to postpone the interview requirement for expedited services; (2) clarify reasonable efforts to verify information prior to certification and by what dates the household must provide postponed verification to avoid a break in benefits; and (3) rearrange and add information and taglines for greater clarity.

OAC 340:50-11-6 is amended to remove the ability to postpone the interview requirement for expedited services.

Part 12. Categorically Eligible Households

OAC 340:50-11-111 is amended to update the list of households that cannot be considered categorically eligible to include households that: (1) were closed because of substantial lottery or gambling winners the first time they reapply following closure; (2) include a household member disqualified for an intentional program violation, (3) disqualified for being a fleeing felon, probation or a parole violator, or convicted of certain crimes; or (4) include a head of household disqualified for failing to comply with work requirements.

Reasons.

The proposed amendment to remove the ability to postpone the interview requirement for expedited services is made as Food and Nutrition Services (FNS) issued a memo stating that this option is no longer allowed effective May 1, 2020.

The proposed amendments to issue a new section to add resource requirements for sponsored alien and non-categorically eligible households, including substantial lottery and gambling winners, and to update which households cannot be classified as categorically eligible are made to comply with additional guidance received from FNS regarding needed actions for substantial lottery and gambling winners.

Repercussions.

If the proposed amendments are not implemented, OKDHS will be out of compliance with recent federal regulation changes and guidance which may lead to increased federal errors.

Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Sections 273.2, 273.8, and 273.11 of Title 7 of the Code of Federal Regulations (C.F.R); FNS Informational Memo Discontinuation of the Postpone Expedited Service Waiver, and FNS Informational Memo: Questions and Answers: Final Rule Implementation Memo for Lottery and Gambling Provisions.

Emergency rulemaking approval is requested to comply with recently issued federal guidance.

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 OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will keep OKDHS in compliance with federal regulations after discontinuance of the postponed interview waiver.It may result in increased accuracy and delayed processing of food benefit applications for households who appear eligible for expedited services as an interview must be completed before benefits are issued.The revised rules to issue a new Section to add resource requirements for sponsored alien and non-categorically eligible households, including substantial lottery and gambling winners, and to update which households cannot be classified as categorically eligible will keep OKDHS in compliance with federal regulations issued in 2019 and may result in application denial due to resources for these households.

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 will keep OKDHS in compliance with federal regulations and is not designed to reduce risks to public health, safety, or the environment.The rules may result in increased accuracy and delayed processing of food benefit applications for households who appear eligible for expedited services as an interview must be completed before benefits are issued.The revised rules regarding resource requirements for sponsored aliens and non-categorically eligible households, including substantial lottery or gambling winners, may result in application denial due to resources.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rules are not implemented, OKDHS will not be in compliance with federal regulationsand guidance and may result in case errors.

K.The date the rule impact statement was prepared and, if modified, the date modified:The rule impact statement was prepared on March 12, 2020.

SUBCHAPTER 3. APPLICATION PROCESS

340:50-3-1. The application process

Revised ~~9-16-19~~5-1-20

(a) General.The ~~application process for the~~ Supplemental Nutrition Assistance Program (SNAP) application process begins with a request for benefits and ends ~~with determining the~~ when the household's eligibility is determined and ~~entering that determination into the computer system~~ the household is notified of the decision.

(1) The application must be processed no later than 30-calendar days after the signed application is submitted to the Oklahoma Department of Human Services ~~(DHS)~~ (OKDHS).¢ 1

(2) Expedited services must be made available to households in immediate need~~, per~~.Refer to Oklahoma Administrative Code (OAC) 340:50-11-1 through 340:50-11-6 for expedited service criteria and procedures.

(3) Persons having lawful alien status must have their status verified through Systematic Alien Verification for Entitlements (SAVE), per OAC 340:65-3-4.

(4) Benefits must be provided retroactively to the application date ~~of application~~ for households who ~~timely completed~~ complete the application process and are determined eligible for the application month.

(b) Filing applications.Each household wishing to participate in SNAP must file a separate application.Refer to OAC 340:50-5-1 for household definition.The designated head of household is not required to make the food benefit application.Applications may be made by a responsible household member or authorized representative.A responsible household member or authorized representative completes an authorization for release of information at the time of application, when necessary.Applications may be ~~filed~~ submitted in person, online, or by fax, mail, or email.¢ 2

(1) Right to same day filing.Because the time limit for providing benefits starts on the date ~~DHS~~ OKDHS receives the application in the county office or online, the worker informs the household at first contact of its right to submit an application on the contact date and encourages the household to do so.The worker also ~~advises~~ informs the household it does not have to be interviewed before filing the application and that the household may file an incomplete application.At a minimum, an incomplete application must contain the applicant's name, address, ~~and signature of~~ an adult household ~~member~~ member's signature or the household's authorized ~~representative~~ representative's signature.

(A) Form 08MP001E, Request for Benefits, is made readily accessible to potentially eligible households, groups, and organizations that assist persons in completing applications for food benefits.

(B) When the household requests food benefits:

(i) by phone, the worker first offers to submit an online application on behalf of the household (by proxy).When the household does not have time to submit the application by proxy, the worker informs the household it may submit an application online at www.okdhslive.org or www.okbenefits.org, or the worker ~~could~~ can email or mail Form 08MP001E to the household the same day; or

(ii) in writing and provides a phone number, the worker attempts to call the household to proxy the application.When the household did not provide a phone number or the worker is unable to reach the household, he or she mails Form 08MP001E to the household on the same day the written request is received.¢ 3

(C) To facilitate SNAP participation for households in which all members are applying for a State Supplemental Payment (SSP) or Temporary Assistance for Needy Families (TANF), these households must be allowed to apply for food benefits at the same time they apply for financial assistance.~~However, the~~ The household's eligibility and benefit level are based on food benefit eligibility criteria and the household is certified per SNAP ~~policy~~ rules.Refer to OAC 340:50-11-20 through 340:50-11-27 ~~for~~ when processing food benefit applications for households approved for SSP and/or TANF.

(D) Immediately upon receipt in ~~a DHS~~ an OKDHS office, all applications are screened to determine if the household is entitled to expedited services.All initial applicant households that qualify, per OAC 340:50-11-1 ~~through 340:50-11-6~~ must receive expedited processing when certified for food benefits whether requested by the household or not.When the household appears eligible for expedited services and meets the criteria, per OAC 340:50-3-2(c), the worker postpones the interview requirement and approves the household for initial benefits.

(2) Head of household. A household may select, as head of household, an adult parent of children of any age living in the food benefit household, or an adult who has parental control over children 17 years of age and younger living in the food benefit household, provided all adult household members agree to the selection.

(A) Households select their head of household at each certification action or when there is a change in household composition.

(B) When all adult members do not agree to the selection or decline to select an adult head of household, the household may select another head of household or the worker may designate a head of household.

(C) In no event does the failure to select an adult who has parental control of children delay the certification or result in the denial of benefits for an otherwise eligible household.

(3) Authorized representative.Per Section 273.2(n)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(n)(1)), an authorized representative is an adult non-household member who can act on behalf of the SNAP household.The authorized representative may complete the application process, report changes, obtain benefits, and/or purchase food for the household.¢ 4

(A) The authorized representative designation must be made in writing and be signed by the head of household, spouse, or other responsible household member.The written designation must clearly state what actions the household wants the authorized representative to perform for it.The worker only allows the authorized representative access to the household's food benefits, when the written statement clearly grants such access.¢ 5~~Per 7 C.F.R. § 273(n)(3), a~~ A household may allow any SNAP household member or non-household member, when authorized, to purchase food or meals for the SNAP household with the electronic benefits transfer (EBT) card, per 7 C.F.R. § 273(n)(3).¢ 56

(B) A non-household member may be designated as an authorized representative for the application process provided the person is an adult who is knowledgeable of the relevant household circumstances. In the event the only adult member of the household is classified as a non-household member, per OAC 340:50-5-5, he or she may be designated as the authorized representative for minor household members.

(C) When a household member designates an authorized representative in writing to apply for SNAP benefits on the household's behalf, the worker informs the household it will be held liable for any over-issuance that results from erroneous information given by the authorized representative.When possible, the head of the household or spouse prepares or reviews the application, even though the authorized representative actually files the application and is interviewed.

(4) Restrictions on authorized representatives. The worker ensures an authorized representative is properly designated and has not been disqualified for an intentional program violation, per OAC 340:50-5-10.1 and 340:50-15-25 or is not restricted from serving as an authorized representative, per 7 C.F.R. § 273.2(n)(4) and information included in (A) through (E) of this subsection.

(A) Limits are not placed on the number of households an authorized representative may represent.The worker takes care to ensure the household:

(i) freely requested the authorized representative's assistance ~~of the authorized representative~~;

(ii) circumstances are correctly reported; and

(iii) receives the correct amount of benefits.

(B) ~~DHS~~ OKDHS employees involved in certification or issuance processes and retailers authorized to accept food benefits may not act as authorized representatives without the specific written approval of the ~~local~~ county director and only after the county director determines no one else is available to serve as the authorized representative.

(C) A person disqualified for an intentional program violation may not act as an authorized representative during the disqualification period unless the person disqualified is the only adult member of the household able to act on its behalf and the worker determines there is no one else available to serve as an authorized representative.The worker must separately determine if the person is needed to apply for or to obtain benefit on behalf of the household.¢ 67

(D) An authorized representative is disqualified from serving as an authorized representative in SNAP for up to one year when evidence demonstrates ~~the person~~ he or she misrepresented a household's circumstances, knowingly provided false information pertaining to the household, or made improper use of benefits.

(i) Information indicating that a person should be disqualified as an authorized representative is forwarded to Adult and Family Services (AFS) SNAP, for a decision.The worker is notified in writing of the decision.

(ii) When the person is disqualified, appropriate notification is mailed to the household by AFS SNAP staff.

(iii) This provision does not apply to persons serving as authorized representatives for group homes or drug and alcoholic treatment centers.However, authorized representatives for group homes or drug and alcohol treatment centers who intentionally misrepresent household circumstances may be prosecuted under applicable federal and state statutes for their acts.

(E) Homeless meal providers, such as soup kitchens, temporary shelters, or contracted restaurants, are known as authorized or private, non-profit establishments~~, such as soup kitchens, temporary shelters, or contracted restaurants~~.These authorized or private, non-profit establishments may not act as authorized representatives for homeless food benefit recipients.

(c) Processing initial applications.The application date for online submissions is the date the household submits the application to the OKDHSLive website at www.okdhslive.org or www.okbenefits.org.When the county office receives an application that contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative, the household's application date is the date it is received and stamped into the county office except as stipulated, per OAC 340:50-9-1(c) and 340:50-9-6(e).When the application is signed by the responsible person or authorized representative for a household also applying for SSP or TANF, the application is processed, per OAC 340:50-11.¢ 78

(1) Normal processing standard for initial applications.The worker must provide eligible households who complete the initial application process with food benefits within 30-calendar days following the date the initial application is ~~filed~~ submitted.

(2) Withdrawing application.A household may voluntarily withdraw its application at any time prior to the eligibility determination ~~of eligibility~~.¢ 89

(d) Second 30-calendar ~~days~~ day period.A new application is not needed when a household completes the application interview within 30-calendar days, is denied for failing to provide verification, and then provides the required verification within 60-calendar days.When the household waits until the second 30-calendar day period to provide the verification, there is a break in benefits and the worker changes the application and certification dates to the date the verification is provided.Refer to OAC 340:50-11-5 when the ~~interview or~~ verification is postponed for an expedited certification.

INSTRUCTIONS TO STAFF 340:50-3-1

Revised ~~9-16-19~~5-1-20

1.The worker helps the household complete the application process by:

(1) making applications available;

(2) helping the household complete the application;

(3) interviewing members of the household or the authorized representative;

(4) making necessary collateral contacts or otherwise helping the household gather required verification as requested;

(5) providing Form 08MP006E, Information for Benefit Renewal, to the household and explaining benefit renewal procedures; and

(6) preparing necessary documents to authorize the household to receive and use food benefits.

2.Methods the applicant may use to apply for food benefits include:

(1) completing the application electronically by:

(A) accessing www.okdhslive.org or okkbenefits.org; or

(B) getting help from a community partner to ~~complete~~ submit the application on www.okdhslive.org;

(2) downloading a paper application from OKDHS - Forms and Applications for Service and completing, signing, and ~~bringing~~ submitting it in person or faxing, mailing, or emailing, ~~or faxing~~ it to an Oklahoma Department of Human Services ~~(DHS)~~ (OKDHS) office;

(3) going into ~~the local~~ an OKDHS county office to complete the application with a worker using the Family Assistance/Client Services (FACS) system; or

(4) calling OKDHSLive at 405-487-5483 to complete an application by proxy.

3.(a) When a person verbally requests benefits and states he or she cannot come to the county office to file the application that day, the worker advises the person to file an application electronically at www.okdhslive.org or www.okbenefits.org or call 405-487-5483 to file by phone or, when the client has time, staff can proxy an application using www.okdhslive.org on the same day.

(b) The worker preserves the verbal request date as the application date when a hardship exists.A hardship exists when the household states no one can come to the ~~local~~ OKDHS county office to file a signed application because of a situation beyond the household's control, such as illness, disability, or a lack of transportation.

(c) The worker must document in FACS case notes, why the verbal request date was used as the application date.

4.(a) The electronic benefit transfer (EBT) system only allows two persons to have a Supplemental Nutrition Assistance Program EBT card, the payee and another household member or an authorized representative.When another household member needs an EBT card, an authorized representative cannot be an EBT cardholder.The worker uses the EBTHL transaction by typing EBTHL space case number in the Information Management System (IMS) to determine if there is a second EBT cardholder on the case before adding a new cardholder.

(b) The household may restrict an authorized representative to completing the application process and reporting changes, purchasing food, or both.

(1) When the household chooses to allow the authorized representative to purchase food, the worker enters the authorized representative's name, date of birth, Social Security number, address, and phone number in IMS using the EBTU transaction before an EBT card can be issued to the authorized representative.The worker enters:

(A) the authorized representative's name in the 'extra address/guardian name' (block A32) and an 'R' in the 'extra address indicator field' (block A32) to designate the authorized representative in the FACS Case Information tab of the Interview Notebook; and

(B) a FACS case note explaining the SNAP household authorized this person to purchase food using their SNAP benefits.

(2) When the household wants the authorized representative to only complete the application and report changes, the worker completes the authorized representative information in the FACS SNAP tab and enters a case note in the FACS Case Information tab documenting the authorized representative's name and explaining the household appointed this person as a representative solely to complete the application and report changes.The worker does not enter authorized representative information in the IMS EBTU transaction or in blocks A32 and A33 of the FACS Case Information tab.

(3) When the household reports it no longer wants an authorized representative or requests a new authorized representative, the worker must remove the authorized representative's name from the FACS Case Information tab and deactivates the person on the EBTU transaction.Immediate card cancellation helps avoid misuse of the household's food benefits by the current authorized representative.

5.The written designation may be made using Form 08MP001E, Request for Benefits, or Form 08MP008E, Authorized Representative Request, or by signing a written statement.

56.Example:The SNAP household consists of the client, spouse, and minor child.The client is ill at home and the spouse is working outside of the home.The client asks a neighbor to go to the store to get soup and gives the neighbor his or her SNAP EBT card to purchase the soup.Since the client gave the neighbor permission to use the EBT card to purchase food for the SNAP household, this is an allowed use of the SNAP benefits.

67.The worker uses the Food Stamp Disqualification (FSD) transaction in IMS to see if a person has an intentional program violation (IPV) by entering FSD space and the person's Social Security number.When the person has an IPV, the FSD transaction displays the disqualification start date and length of the disqualification period.

78.(a) Initial month means the first month the household applies for food benefits following any period of time the household was not certified.

(b) When there is no existing case number, the application is registered on the computer system through case number assignment.

(c) When there is an existing case number, the worker uses the existing case number and immediately registers the application.

89.The worker documents in FACS case notes the reason for withdrawal, if the household gave a reason, and that contact was made with the household to confirm or attempt to confirm the withdrawal.When the worker makes contact, he or she informs the household of its right to reapply at any time.

340:50-3-2. Interview process

Revised ~~9-16-19~~5-1-20

(a) Interview requirement.All households initially applying for food benefits or completing a certification renewal~~, including those submitting applications electronically or by mail,~~ must have a face-to-face or phone interview with a worker prior to certification, per Section 273.2(e) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(e)) unless the household meets ~~criterion~~ criteria in (a)(2) ~~or (b)~~ of this Section ~~per Section 273.2(e) of Title 7 of the Code of Federal Regulations (7 C.F.R. §~~ ~~273.2(e))~~.Staff may conduct 100 percent of all Supplemental Nutrition Assistance Program (SNAP) initial and certification renewal application interviews by phone.¢ 1

(1) A face-to-face interview must be conducted when the household or its authorized representative requests a face-to-face interview.

(2) Certification renewal interviews may be waived for households when all adult members are elderly or disabled and have no earned income.¢ 2

(b) Postponed interviews.Households applying for food benefits that complete and sign an online application or hand-deliver, mail, or fax a complete and signed Form 08MP001E, Request for Benefits, to the county office and who appear eligible for expedited services per Oklahoma Administrative Code (OAC) 340:50-11-1 may have the interview postponed in certain circumstances.

~~(1) Per~~ ~~7 C.F.R. §~~ ~~273.2(i), the interview may be postponed when the:~~

~~(A) applicant's identity is verified; and~~

~~(B) worker is unable to contact the household or determines that an interview cannot be scheduled within seven-calendar days.~~¢ 3

(2) When the interview is postponed, the worker schedules the interview by sending the household Form 08AD091E, Interview Notice, or Form 08AD093E, Support Center Interview Notice, setting an interview date and time.¢ 4The worker schedules the interview to occur as quickly as possible to ensure the interview can be completed by the last day of the expedited certification period.When the interview is not completed by the end of the expedited certification period, the household must reapply for food benefits.¢ 5

(3) When, after the interview, the household needs to provide verification, the worker gives or sends the household Form 08AD092E, Client Contact and Information Request, requesting the verification.When the household informs the worker it is unable to furnish the required verification, the worker offers to help the applicant obtain the verification.

~~(A) The worker's assistance may range from explaining how or where to obtain proof to the worker obtaining proof when the applicant is unable to do so.~~

~~(B) The worker is not required to obtain proof for an applicant who is unwilling to do so.~~

~~(4) When the household provides postponed verification within 60-calendar days of the application date, the household is not required to file a new application.~~

~~(A) Postponed verification must be provided by the last day of the expedited certification period in order to avoid a break in benefits.~~

(B) When the household does not provide the verification by the last day of the expedited certification period, but does provide it within 60-calendar days of the application date, benefits are prorated from the date the postponed verification is provided.

~~(c)~~(b) Who must be interviewed.The person interviewed may be the head of the household, spouse, any other responsible member of the household, or an authorized representative who knows the household's circumstances.When the household chooses to be interviewed face-to-face, the person interviewed may bring any person to the interview.

(c) Scheduling interviews.The worker schedules the interview as soon as possible to ensure the household, when eligible, receives expedited service timely or may participate within 30-calendar days following the application date.

(1) The worker uses Form 08AD091E, Interview Notice, or Form 08AD093E, Support Center Interview Notice, to schedule the interview.¢ 3

(2) When the person to be interviewed is employed, the worker schedules an appointment to minimize the person's absence from work.

(3) When the household misses the scheduled interview, a notice is sent informing the household that it missed the scheduled interview and is responsible for scheduling a second interview.¢ 4The worker must not deny the household's application prior to the 30th calendar day when the household misses the first scheduled interview.When the household contacts the worker within the 30-day application processing period, a new interview must be scheduled.

(4) When the household submits a timely certification renewal, per Oklahoma Administrative Code (OAC) 340:50-9-6, the worker schedules the interview as early as possible, but not later than the last day of the month.

(A) When the household fails to appear for the interview, the worker does not reschedule the interview unless the household requests another appointment by the 30th calendar day after the application date.¢ 4

(B) Upon request, the worker reschedules the interview at the earliest possible date.

(5) When the household submits an untimely certification renewal, the worker schedules an interview as early as possible, but not later than 20-calendar days from the application date.

(A) When the household fails to appear for the scheduled interview, the worker does not reschedule the interview unless the household requests another appointment by the 30th calendar day after the application date.¢ 4

(B) Upon request, the worker reschedules the interview for the earliest possible date.

(d) Worker responsibilities during the interview.During the interview, the worker:¢ 65

(1) reviews ~~with the household~~ the information on the application with the household and resolves unclear and incomplete information;

(2) inquires if changes occurred in the household's income, deductions, or other circumstances since the application was filed;

(3) informs the household of its rights and responsibilities, including:

(A) work registration responsibilities, per OAC 340:50-5-85;

(B) able bodied adult without dependents work responsibilities, per OAC 340:50-5-100;¢ 6

(D) the appropriate application processing standard, per OAC 340:50-3-1(c) and 340:50-11-4;

(E) responsibility to cooperate with SNAP Quality Control (QC) when asked to do so, per (f) of this Section; and

(F) an explanation of the civil rights complaint process, per OAC 340:50-1-5;

(4) conducts the interview as an official and confidential discussion of household circumstances limited to facts related to food benefit eligibility factors;

(5) gives Form 08MP006E, Information for Benefit Renewal, to the household and explains benefit renewal procedures;

(6) ensures the household's right to privacy is protected; ~~and~~

(7) provides a paper or electronic copy of the completed application in the format requested by the household, when requested; and

(8) attempts to verify any necessary eligibility requirements during the interview.The worker gives or sends the household Form 08AD092E, Client Contact and Information Request, to request any verification that could not be verified during the interview.When the household informs the worker it is unable to furnish the required verification, the worker offers to help the applicant obtain the verification.

(A) The worker's assistance may range from explaining how or where to obtain proof when the applicant is unable to do so.

(B) The worker is not required to obtain proof for an applicant who is unwilling to do so.

~~(e) Scheduling interviews.The worker schedules the interview as soon as possible to ensure the household, when eligible, may participate within 30-calendar days following the application date.~~

~~(1) The worker uses Form 08AD091Eor Form 08AD093Eto schedule the interview.~~¢ 4

~~(2) When the person to be interviewed is employed, the worker schedules an appointment to minimize the person's absence from work even when it must be scheduled outside of normal business hours.~~

~~(3) When the household submits a timely certification renewal, the worker schedules the interview as early as possible, but not later than the last day of the month.~~

~~(B) Upon request, the worker reschedules the interview at the earliest possible date.~~

~~(4)~~ ~~When the household submits an untimely certification renewal, the worker schedules an interview as early as possible, but not later than 20-calendar days from the application date.~~

~~(B) Upon request, the worker reschedules the interview at the earliest possible date.~~

~~(f)~~(e) Household cooperation with eligibility determination.To determine eligibility, the household or authorized representative must complete and sign the application or certification renewal, be interviewed, and provide required information.When the household does not cooperate with the worker in determining:

(1) initial eligibility, the worker denies the application; or

(2) continuing eligibility at mid-certification renewal or certification renewal, the worker closes food benefits.

~~(g)~~(f) Household cooperation with a QC review.When the household is selected for a QC review, the household must cooperate with the QC reviewer per 7 C.F.R. § 273.2(d)(2).When the household refuses to cooperate, the SNAP QC administrator informs SNAP program field representative staff of the non-cooperation and SNAP program field representative staff closes the food benefit for refusal to cooperate.¢ 87

(1) For a determination of refusal to cooperate to be made, the household must be able to cooperate and clearly demonstrate that it will not take the necessary actions required to complete the QC review process.

(2) The household may reapply following food benefit closure, but may not be determined eligible until it cooperates with the QC review unless (3) of this subsection applies.¢ 98

(3) When food benefits were closed for ~~refusing~~ refusal to cooperate with the QC reviewer and the household waits to reapply until after 125-calendar days from the end of the QC review period, October 1 through September 30, the household must provide verification of eligibility factors for the new application only.¢ 9 For example, when the household had a QC review during the October 2014 through September 2015, annual QC review period and food benefits were closed for refusal to cooperate with the QC review, the household is required to only provide verification for the new application when it is filed after February 2, 2016.

INSTRUCTIONS TO STAFF 340:50-3-2

Revised ~~9-16-19~~ 5-1-20

1.The United States Department of Agriculture-Food and Nutrition Services approved Oklahoma's request to waive the requirement for documentation of hardship in order to complete an application interview by phone effective February 1, 2012.Workers must document in Family Assistance/Client Services (FACS) case notes if the interview was face-to-face or by phone.

2.(a) Certification renewal interviews may be waived for households in which all adult members are elderly or disabled and have no earned income, when:

(1) the certification renewal is complete and received timely by the Oklahoma Department of Human Services ~~(DHS)~~ (OKDHS), per Oklahoma Administrative Code (OAC) 340:50-9-3 and 340:50-9-4;

(2) an interview was not requested by the household or an authorized representative;

(3) all required verification, when requested on Form 08AD092E, Client Contact and Information Request, is acceptable and received within 10-calendar days; and

(4) the household continues to be eligible to receive benefits.

(b) An interview must be completed, when:

(1) the household or authorized representative requests an interview;

(2) any information appears questionable, contradictory, or incomplete; or

(3) it appears the household is ineligible for continued benefits.

~~3.(a) The worker documents in FACS case notes:~~

~~(1) all attempts to contact the household; and~~

~~(2) the reason for postponing the interview.~~

~~(b) The worker certifies the SNAP tab in the FACS Eligibility Notebook with an S in the Action Taken field and an EO in the Reason field.~~

43.(a) ~~The worker in the local~~ A county office worker uses Form 08AD091E, Interview Notice, instead of Form 08AD093E, Support Center Interview Notice, because:

(1) it offers the option of an office or phone interview; and

(2) instructs the applicant to send verification to the ~~local~~ OKDHS county office address listed on the form instead of the Customer Services Center address.

(b) The worker in a support center uses Form 08AD093E because:

(1) it only offers a phone interview; and

(2) instructs the applicant to send verification to the ~~DHS~~ OKDHS Customer Service Center.

5.(a) Example:A client applies for food benefits on March 15, 2018, and is certified for expedited food benefits for one month because the interview was postponed.The interview must be completed by March 31, 2018, to avoid a break in services since that is the last day of the certification period.This ~~gives the client 16-calendar days from the application date to complete the interview.~~

(b) Example:A client applies for food benefits on March 16, 2018, and is certified for expedited food benefits for two months because the interview was postponed.This means the client must complete the interview by April 30, 2018, to avoid a break in services and completion of a new application since April 30th is the last day of the certification period.This gives the client 46-calendar days from the application date to complete the interview.

(c) Example: A client applies for food benefits on January 18, 2018, and is given a two-month certification period pending an interview. This means the client has to complete an interview before February 28, 2018, or complete a new application.When the client completes the interview on February 20, 2018, it is considered timely as the interview is completed by February 28th, but is more than 30-calendar days from the original application date.To avoid the system recording an untimely certification date for the recertification action, the worker changes the application date to February 20th, the day the interview is completed, and recertifies the household effective March 1, 2018.

4.When a member of the food benefit household or the household's authorized representative fails to appear for, or comply with the first scheduled interview, the worker puts the application in FDENY status using reason 59.This issues the Notice of Missed Interview (NOMI).

65.In order to conduct an in-depth interview, the worker must review previous applications, other information contained in the food benefit case record, and all related case records prior to the interview.

7. When a member of the food benefit household or the household's authorized representative fails to appear for, or comply withthe first scheduled interview, the worker puts the application in FDENY status using reason 59.This issues the Notice of Missed Interview (NOMI).

6.The worker must explain that able bodied adult without dependents work responsibilities also apply to adult household members who lose their exemption status during the certification period.

87.Supplemental Nutrition Assistance Program (SNAP) program staff documents in FACS case notes that food benefits were closed on reason 44Q because the client refused to cooperate with Quality Control (QC) and for the worker to contact SNAP program field representative staff when the client decides to cooperate.

98.When the client reapplies within 125-calendar days of the QC review period and did not cooperate with QC, the worker denies the application.

9.For example, when the household had a QC review during the October 2018 through September 2019, annual QC review period and food benefits were closed for refusal to cooperate with the QC review, the household is required to only provide verification for the new application when it is filed after February 2, 2020.

SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA

PART 1. RESOURCES

340:50-7-1. Resources considered [Instructions to staff only]

Revised 10-2-19

(a) Resources are excluded in determining eligibility for the Supplemental Nutrition Assistance Program (SNAP) unless the household:

(1) applies for expedited service.The worker must include the household's liquid resources as defined at (b) of this Section to determine eligibility for expedited service, per Oklahoma Administrative Code (OAC) 340:50-11-1;

(2) contains one or more sponsored aliens whose sponsor's resources must be considered, per OAC 340:50-5-49; or

(3) has substantial lottery or gambling winnings.Per Section 273.11(r) of Title 7 of the Code of Federal Regulations (7 § C.F.R. 273.11(r)), substantial lottery or gambling winnings are defined as a cash prize won in a single game, before taxes or other amounts are withheld equal to, or greater than, the SNAP resource standard for households containing an elderly or disabled household member.¢1Refer to Oklahoma Department of Human Services (DHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, for the current resource standard.

(A) The client must provide verification of the winnings from the appropriate lottery commission or gaming facility.¢ 2

(B) When the household's winnings exceed the SNAP resource standard for the elderly or disabled, the worker closes the SNAP food benefit for the next advance notice effective date, per Appendix B-2, Deadlines for Case Actions.

(C) The household may regain resource eligibility once the client verifies the winnings are spent down below the resource standard.¢ 3

(b) The worker accepts the household's statement regarding the value of liquid resources to determine expedited eligibility.Liquid resources include:

(1) cash on hand;

(2) checking or savings account balances;

(3) the cash value of savings certificates; and

(4) the cash value of stocks or bonds.

(c) The household must verify the value of liquid and non-liquid resources, per OAC 340:50-5-49, when the sponsor's resources must be considered.After subtracting $1,500 from countable resources, resources cannot exceed the resource standard for households that contain a member who is disabled or 60 years of age or older or the resource standard for all other households, per DHS Appendix C-3.

INSTRUCTIONS TO STAFF 340:50-7-1

Issued 5-1-20

1.(a) All households with lottery or gambling winnings are subject to the elderly or disabled member resource standard regardless if the household contains an elderly or disabled member.

(b) When multiple persons shared in the purchase of a ticket, hand, or similar bet, only the portion of the winnings allocated to the Supplemental Nutrition Assistance Program (SNAP) household member is counted in determining resource eligibility.

2.(a) A household that participates in SNAP in the month it receives substantial lottery or gambling winnings must provide verification of the winnings from the appropriate lottery commission or gaming facility within 10-calendar days of being given or sent Form 08AD092E, Client Contact and Information Request.When the household fails to provide proof of the amount of the winnings and date received, the worker closes the SNAP food benefit for the next advance notice effective date, per Oklahoma Department of Human Services (OKDHS) Appendix B-2, Deadlines for Case Actions.

(b) Households that receive substantial lottery or gambling winnings prior to the month they initially apply for SNAP food benefits are not subject to this requirement.

3.To regain SNAP eligibility following closure due to substantial lottery or gambling winnings, the household must reapply, verify how the winnings were spent down, and meet non-categorical resource requirements, per Oklahoma Administrative Code (OAC) 340:50-7-6 before it can be certified.Once the household meets non-categorical resource requirements and is certified, it regains categorical eligibility for future applications and renewals unless OAC 340:50-7-6(a)(1) or (2)(B) through (E) applies.

340:50-7-6. Sponsored alien and non-categorically eligible resource requirements.

Issued 5-1-20

(a) Resource consideration.Per Section 273.8 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.8), resources must be considered in determining Supplemental Nutrition Assistance Program (SNAP) food benefit eligibility for households that:

(1) contain one or more sponsored aliens whose sponsor's resources must be deemed to the sponsored alien, per 7 C.F.R. § 273.4(c) and Oklahoma Administrative Code (OAC) 340:50-5-49; and

(2) cannot be classified as a categorically eligible household, per 7 C.F.R. § 273.2(j)(2)(vii) and OAC 340:50-11-111(d).Non-categorically eligible households include households:

(A) that reapply for SNAP food benefits the first time following closure due to substantial lottery or gambling winnings, per OAC 340:50-7-1;

(B) that include a member who is disqualified for an intentional program violation, per 7 C.F.R. § 273.16 and OAC 340:50-15-25;

(C) that include a member who is ineligible for being a fleeing felon or probation violator, per 7 C.F.R. § 11(n) and OAC 340:50-5-10.1;

(D) that include a household member who is convicted of certain crimes and is not in compliance with the sentence, per 7 C.F.R. § 11(s); or

(E) whose head of household is disqualified for failing to comply with work requirements, per OAC 340:50-5-85 through 340:50-5-89.Refer to OAC 340:50-3-1(b)(2) for head of household information.

(b) Countable resources.When a household meets one of the criteria, per OAC 340:50-11-111 and (a) of this Section, it must verify the value of non-excluded resources owned by a household member(s) and meet the appropriate non-categorically eligible resource standard, per Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions.Countable resources include liquid and non-liquid resources per (1) and (2) of this subsection.

(1) Liquid resources include, but are not limited to:

(A) cash on hand;

(B) money in checking or savings accounts;

(D) stocks or bonds; and

(E) lump sum payments, such as lottery or gambling winnings.

(2) The equity value of non-liquid resources is considered unless it is excluded per (c) of this Section or is a licensed vehicle excluded from the equity test per (E) of this paragraph.The equity value is the fair market value less encumbrances.Non-liquid resources include, but are not limited to:

(A) personal property;

(B) boats;

(D) mobile homes other than home property; and

(E) licensed and unlicensed vehicles that are not excluded, per 7C.F.R. § 273.8(e)(3) and (f)(2) and (c)(3) of this Section.For non-excluded licensed vehicles, the fair market value over $4,650, regardless of any encumbrances on the vehicle, counts as a resource. ¢ 1

(i) Vehicles excluded from the equity test but not the fair market value test include one vehicle per adult household member and any other vehicle used by a household member younger than 18 years of age to drive to work, school, job training, or to look for work.

(ii) For vehicles with a fair market value over $4,650 and an equity value, the worker counts the greater of the two amounts as a resource.

(iii) The equity value of unlicensed vehicles also counts as a resource.

(1) the home and surrounding property that is not separated from the home by intervening property owned by others;

(2) household goods, personal effects, the cash value of life insurance policies, one burial plot and the value of one funeral agreement per household member, and the cash value of pension or retirement plans or funds;

(3) licensed vehicles that:

(A) are used for income-producing purposes, such as a taxi, fishing boat, or delivery vehicle;

(B) annually produce income consistent with their fair market value;

(D) are used as the household's home;

(E) are necessary to transport a physically disabled household member or disqualified member regardless of the transportation's purpose;

(F) are needed to carry most of the household's fuel for heating or water for home use; or

(G) would sell for less than $1,500;

(4) property that annually produces income consistent with its fair market value, such as rental homes or vacation homes;

(5) property that is essential to the employment or self-employment of a household member, such as farm land or work-related equipment;

(6) installment contracts for the sale of land or buildings when the contract or agreement produces income consistent with its fair market value;

(7) government payments designated to restore a home damaged in a disaster;

(8) resources with a cash value that is not accessible to the household, such as irrevocable trust funds, security deposits on rental property, property in probate, and real property that the household is making a good faith effort to sell;

(9) resources that are prorated as income, such as for self-employed persons;

(10) Indian lands held jointly by the tribe or land that can only be sold with the Bureau of Indian Affairs approval;

(11) resources excluded by federal statute;

(12) earned income tax credits received by any household member are excluded for 12 months, provided the household participated in SNAP at the time of receipt and continuously received SNAP food benefits during the 12-month period;

(13) where a resource exclusion applies for a household member, it also applies for an ineligible alien or disqualified person whose resources are counted as part of the household's resources;

(14) energy assistance payments or allowances excluded as income;

(15) non-liquid assets against which a lien is placed for a business loan when the household is prohibited from selling the assets;

(16) property, real or personal, to the extent it is directly related to the maintenance or use of a vehicle excluded per (C) of this subsection;

(17) resources of a household member who receives Supplemental Security Income, State Supplemental Payment, or Temporary Assistance for Needy Families; and

(18) funds in a qualified tuition program, per Section 529 of the Internal Revenue Code; a Coverdell education savings account, per Section 530 of the Internal Revenue Code; and any other education savings account Food and Nutrition Services determines to be excludable.

(d) Transfer of resources.At application, the worker asks the household if a household member, an ineligible alien, or a disqualified person whose resources are considered available to the household transferred non-exempt resources within the three-month period immediately preceding the application date.Households that transfer resources for the purpose of qualifying or attempting to qualify for SNAP food benefits are disqualified from SNAP participation for up to one year from the discovery of the transfer.This includes when the household transfers all or some of its substantial lottery or gambling winnings to a non-household member for this purpose.¢ 2The length of the disqualification period is determined based on the amount by which the transferred resources, when added to other countable resources, exceeds the allowable non-categorical resource standard per Appendix C-3.When the amount of transferred resources equals:

(A) $0 to 249.99, the disqualification period is one month;

(B) $250 to 999.99, the disqualification period is three months;

(D) $3,000 to 4,999.99, the disqualification period is nine months; or

(E) $5,000 or more, the disqualification period is 12 months.

(e) Substantial lottery and gambling winners.A household whose SNAP benefits closed due to substantial lottery or gambling winnings is only required to meet the resource requirements of this Section the first time it reapplies for SNAP and is certified.When the household reapplies, it must verify the substantial lottery or gambling winnings are spent down and its countable resources are below the appropriate resource standard, per Appendix C-3.¢ 3Once the household meets non-categorical resource requirements and is certified, it regains categorical eligibility for future applications and renewals unless (a)(1) or (2)(B) through (E) of this Section applies.¢ 4

INSTRUCTIONS TO STAFF 340:50-7-6

Issued 5-1-20

1.(a) The average trade-in value listed in the National Automobile Dealers Association (NADA) books, other blue books, or one of the Internet websites that provide data on the market value of used vehicles at no cost to the user can be used.Available websites include:

(1) CarPriceswww.carprices.com;

(2) Edmund'swww.edmunds.com;

(3) Kelley Blue Bookwww.kbb.com.; and

(4) NADAwww.nada.com.

(b) The value of a vehicle cannot be increased by adding the value of low mileage or optional equipment.The Kelley Blue Book requires users to include mileage prior to calculating a vehicle's value.Other online services with a mileage field assume average mileage when the mileage field is left blank.To ensure vehicles are not assigned a higher value based on unusually low mileage, the worker uses the greater of the vehicle's actual mileage or 12,000 miles per year.

(c) Family Assistance/Client Services must include sufficient documentation indicating the website or blue book used to determine the market value of the vehicle.

2.The worker contacts Adult and Family Services Supplemental Nutrition Assistance Program (SNAP) staff for guidance prior to denying the application or implementing a disqualification period.

3.(a) When a household member wins $3,500 or more in lottery or gambling winnings, per Oklahoma Administrative Code 340:50-7-1(a)(3), the worker closes the household's SNAP food benefits.The household must reapply, verify how the winnings were spent down, and any remaining winnings plus the value of countable resources per (b) of this Section must be at or below the appropriate resource standard, per Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, before the household can regain food benefit eligibility and categorical eligibility.Per Appendix C-3, households that:

(1) do not contain an elderly or disabled person, cannot exceed $2,250 in liquid and non-liquid resources; and

(2) contain an elderly or disabled household member, cannot exceed $3,500 in liquid and non-liquid resources.

(b) Refer to (c)(3) of this Section for transfer of resources rules when the worker determines that a household transferred all or some of its lottery or gambling winnings to another person in order to qualify or attempt to qualify for SNAP food benefits again.The worker contacts Adult and Family Services SNAP staff for guidance prior to denying the application or implementing a disqualification period.

4.When the household is denied because it is still over resources or for any other reason, it must meet resource requirements at the next application and be certified before it can regain categorical eligibility.

SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES

340:50-9-5. Changes after application and during the certification period [INSTRUCTIONS TO STAFF ONLY]

Revised 10-2-19

(a) Change reporting requirements.Section 273.12 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.12) contains change reporting requirements after application and during the certification period described in (a) through (i) of this Section.

(b) Applicant households.Applicant households must report all changes related to their food benefit eligibility and benefit amount.Households must report changes that occur after the interview but before the date of the notice of eligibility, within 10-calendar days of the date of the notice.¢ 1

(c) Annual reporting households.Annual reporting households are households in which all adult members are elderly or disabled with no earned income.¢ 2

(1) Certification period.A 24-month certification period is automatically assigned to annual reporting households.Annual reporting households must complete a mid-certification renewal between certification periods to report current household circumstances.

(2) Change reporting between renewal periods.Between the mid-certification renewal and certification renewal reporting months, the household must report gross income changes when the household's income exceeds the maximum gross income scale for household size shown on Form 08MP006E, Information for Benefit Renewal, and when the household wins substantial lottery or gambling winnings as defined, per 7 C.F.R. § 273.11(r) and Oklahoma Administrative Code (OAC) 340:50-7-1, within 10-calendar days of receipt of the first payment attributable to the change.¢ 3The maximum gross income scale is based on 130 percent of the monthly poverty income guidelines.

(3) Action taken on reported changes.The worker must act on all changes reported by households.¢ 4

(A) The computer system determines if the change results in an increase, decrease, or no change in benefits.

(B) Between the mid-certification renewal and certification renewal months, the changes the worker makes do not decrease or close benefits until the mid-certification renewal is due unless the:

(i) household's income increase exceeds the maximum gross income scale for household size shown on Form 08MP006E;¢ 3

(ii) household requested benefit closure;

(iii) worker has information about the household's circumstances considered verified upon receipt, per (g) of this Section;

(iv) a household member is identified as a disqualified or ineligible person, per 7 C.F.R. § 273.12(a)(5)(vi) and OAC 340:50-5-10.1; or

(v) the worker verifies the household won substantial lottery or gambling winnings as defined, per 7 C.F.R. § 273.11(r) and OAC 340:50-7-1.¢ 5

(C) The computer system applies all changes that increase benefits.Before entering a change that increases benefits, verification supporting the change must be provided, when required.¢ 56

(d) Mid-certification renewal for annual reporting households.Annual reporting households are sent notification in the 11th month of certification that the mid-certification renewal is due.The notice explains methods the household may choose to complete the renewal and required verification needed.¢ 67An interview is not required.

(1) When the mid-certification renewal is due.The household must complete the benefit renewal and provide required verification by the last day of the 12th month of certification.

(2) Completion of mid-certification renewal.The worker reviews benefit renewal information and verification provided to determine completeness and continued eligibility.¢ 78

(A) When the renewal is complete and the household remains eligible, the worker acts on all reported changes and the computer system applies any increase or decrease in benefits.

(i) When the household fails to provide sufficient information regarding a deductible expense requiring verification, the worker processes the mid-certification renewal without regard to the deduction.

(ii) When benefits are decreased, an advance notice is sent, per the Oklahoma Department of Human Services (DHS) Appendix B-2, Deadlines for Case Actions.

(B) When the household is no longer eligible, the worker closes food benefits effective the next advance-notice deadline date, per DHS Appendix B-2.

(C) When the renewal is incomplete, the computer system closes food benefits effective the next advance-notice deadline date, per DHS Appendix B-2.¢ 89

(3) When benefits may be reopened.Food benefits may be reopened following closure when criteria is met per (j) of this Section.

(e) Semi-annual reporting households.Food benefit households are considered semi-annual reporting households unless they meet criteria per (b) or (g) of this Section.

(1) Certification period.A 12-month certification period is automatically assigned to semi-annual reporting households.¢ 910

(2) Change reporting between renewal periods.Between the mid-certification renewal and certification renewal reporting months, the household must report when:

(A) the household's gross income exceeds the maximum gross income scale for household size shown on Form 08MP006E and when the household wins substantial lottery or gambling winnings as defined, per 7 C.F.R. § 273.11(r) and OAC 340:50-7-1 within 10-calendar days of receiving the first payment attributable to the change.¢ 3The maximum gross income scale is based on 130 percent of the monthly poverty income guidelines; and

(B) a decrease in work hours below an average of 20 hours per week or 80 hours per month occurs for any household member meeting the able-bodied adults without dependents (ABAWD) work rules, per OAC 340:50-5-100 by the 10th of the following month.¢ 1011

(3) Action taken on reported changes.The worker must act on all changes reported by households.¢ 4

(A) The computer system determines if the change results in an increase, decrease, or in no change in benefits.

(B) Between mid-certification renewal and certification renewal months, the changes the worker makes do not decrease or close food benefits until the mid-certification renewal is due unless:

(i) the household's income increase exceeds the maximum gross income scale for household size shown on Form 08MP006E;¢ 3

(ii) the household requested benefit closure;

(iii) the worker has information about the household's circumstances considered verified upon receipt, per (h) of this Section;

(iv) an ABAWD must be removed from the food benefit household because he or she does not meet the ABAWD work rule, per OAC 340:50-5-100;¢ 1011

(v) a household member is identified as a disqualified or ineligible person, per 7 C.F.R. § .27312(a)(5)(vi) and OAC 340:50-5-10.1;

(vi) a household member is identified as failing to meet work registration requirements, per OAC 340:50-5-85 through OAC 340:50-5-87; or

(vii) the worker verifies the household won substantial lottery or gambling winnings as defined, per 7 C.F.R. § 273.11(r) and OAC 340:50-7-1.¢ 5

(C) The computer system applies all changes that increase benefits.Before entering a change that increases benefits, verification supporting the change must be provided, when required.¢ 56

(f) Mid-certification renewal for semi-annual reporting households.Semi-annual reporting households are sent notification in the fifth month of certification that the mid-certification renewal is due.¢ 67An interview is not required.

(1) When the mid-certification renewal is due.The household must complete the benefit renewal and provide required verification by the last day of the sixth month of certification.

(2) Completion of mid-certification renewal.The worker reviews benefit renewal information and verification provided to determine completeness and continued eligibility.¢ 78

(A) When the renewal is complete and the household remains eligible, the worker acts on all reported changes and the computer system applies any increase or decrease in benefits.

(ii) When benefits are decreased, the worker sends an advance notice, per DHS Appendix B-2, Deadlines for Case Actions, deadline dates.

(B) When the household is no longer eligible, the worker closes food benefits effective the next advance-notice deadline date, per DHS Appendix B-2.

(C) When the renewal is incomplete, the computer system closes food benefits effective the next advance-notice deadline date, per DHS Appendix B-2.¢ 89

(3) When benefits may be reopened.Food benefits may be reopened following closure when criteria is met per (i) of this Section.

(g) Change reporting households.Change reporting households are assigned a certification period other than 12 or 24 months.These households are required to report changes within 10-calendar days of when the change occurred.

(1) Household characteristics.Households not approved for a 12- or 24-month certification period include households approved for:

(A) expedited services for one or two months because the interview and/or verification were postponed, per OAC 340:50-3-2; and

(B) a three- or four-month certification period because the household includes one or more ABAWDs that do not meet the work rule, per OAC 340:50-5-100.

(2) Required change reporting.These households must report changes in:

(A) sources of income;

(B) unearned income of $100 per month or more;

(D) household composition, such as an addition or loss of a household member;

(E) residence and shelter costs;¢ 1112

(F) the legal obligation to pay child support;

(G) the work hours of an ABAWD subject to benefit time limits, per OAC 340:50-5-100 when they fall below 20 hours per week; and

(H) resources when the household wins substantial lottery or gambling winnings as defined, per 7 C.F.R. § 273.11(r) and OAC 340:50-7-1.¢ 5

(3) Action taken on case changes.The worker must act on changes reported by the household within 10-calendar days of the date the household reported the change and provided necessary verification.¢ 1213

(A) When the household fails to report a change within the 10-calendar day period and, as a result, receives benefits to which it is not entitled, an overpayment claim is referred to Adult and Family Services (AFS) Benefit Integrity and Recovery, per OAC 340:50-15.

(B) When the worker fails to take timely action on a reported change and benefits are lost, the worker supplements the household's food benefits.

(4) Changes that increase benefits.When the household reports a change that increases benefits the household must verify the information before the worker makes the change.The worker gives the household 10-calendar days to verify the information.¢ 1314

(5) Changes that decrease or close benefits.When the household reports a change in household circumstances that decreases or closes food benefits, the worker gives or sends the household Form 08AD092E, Client Contact and Information Request, giving the household 10-calendar days to provide verification of the change.When the household provides required verification, the worker reduces or closes food benefits based on the verification provided.When the household does not provide required verification, the worker closes the food benefits based on the household's failure or refusal to provide verification.

(A) When a household's benefit decreases or closes, an advance notice of adverse action is required unless exempt from such notice for a reason listed in (i) or (ii) of this subparagraph.Per 7 C.F.R. § 273.13, advance notice of adverse action is considered timely when the notice is mailed at least 10-calendar days before the action becomes effective.The household retains its right to a fair hearing and continuation of benefits when a fair hearing is requested within 10-calendar days of the change notice.An adverse action notice may be mailed just prior to the date the household receives or would have received benefits when the:

(i) DHS receives a clear written statement signed by a responsible household member:

(I) stating the household no longer wishes to receive food benefits; or

(II) giving information that requires closure or reduction of food benefits and stating that the household understands the food benefit will be reduced or closed; or

(ii) worker closes or reduces food benefits per notice requirements at (k)(3)(A) of this Section.¢ 1415

(B) When an advance notice is required, the benefit decrease or closure is effective the next advance notice deadline date, per DHS Appendix B-2.When the household reports a change:

(i) 10-calendar days or more before the advance-notice deadline, per DHS Appendix B-2, the worker decreases or closes the food benefit effective the first of the following month; or

(ii) less than 10-calendar days before the advance-notice deadline, per DHS Appendix B-2, the worker must take action before the advance-notice deadline the following month.

(C) When a reported change increases food benefits, the worker makes the change by the non-advance-notice deadline date, per DHS Appendix B-2.

(h) Changes considered verified upon receipt.Verified upon receipt means the information is not questionable and the provider is the primary source of the information.For example, when DHS receives Social Security and Supplemental Security Income verification through data exchange with the Social Security Administration (SSA), it is considered verified upon receipt because SSA is the primary source.When the worker receives information considered verified upon receipt, he or she makes the change within 10-calendar days of notification using DHS Appendix B-2 deadline dates.¢ 1516

(i) Required action on unclear information.During the certification period, the worker may obtain unclear information about a household's circumstances that may affect the household's continued eligibility or benefit amounts.The worker may receive the unclear information from a third party, such as a data exchange discrepancy, an employer, or a person claiming knowledge of the household's circumstances.Unclear information is information that is not verified or is verified but the worker needs additional information before acting on the change.

(1) Per 7 C.F.R. § 273.12(c)(3)(i), when the worker receives unclear information in a non-report month for semi-annual or annual reporting households or any month for change reporters, he or she sends Form 08AD092E to the household to verify its circumstances within 10-calendar days only when the unclear information:

(A) significantly conflicts with the information used at the time of the certification, indicating the household may have failed to report eligibility information at application; or¢ 1617

(B) is fewer than 60-calendar days old, relative to the current participation month and when true, must be reported under the household's reporting responsibilities.¢ 1718

(2) When the household provides the requested verification in a non-report month, the worker determines whether to take action, per requirements at (c)(3) and (e)(3) of this Section.

(3) When the worker sends Form 08AD092E, per (i)(1)(A) or (B) of this Section, and the household does not respond or responds but refuses to provide sufficient information to clarify its circumstances, the worker closes the household's food benefits effective the next advance-notice deadline date, per DHS Appendix B-2;

(4) Per 7 C.F. R. § 273.12(c)(3)(iii), when the worker receives a data match that indicates a household member may have died or may be incarcerated for more than 30-calendar days, the worker sends Form 08AD092E to the household notifying it of the discrepancy and requesting information regarding the household member.¢ 1819

(A) When the household is a change reporting household and:

(i) fails to respond to Form 08AD092E or responds but refuses to provide sufficient information to clarify the person's household status, the worker closes the household's food benefits;

(ii) responds and verifies the person is not dead or incarcerated, no action is taken; or

(iii) responds and confirms the accuracy of the data exchange information, the worker removes the person from the food benefit and determines if an overpayment referral is needed, per OAC 340:50-15.

(B) When the household is an annual or semi-annual reporting household and:

(i) fails to respond to Form 08AD092E or responds but refuses to provide sufficient information to clarify the person's household status, the worker removes the person and his or her income from the household and adjusts the food benefits;

(ii) responds and verifies that the person did not die or is not incarcerated, no action is taken; or

(iii) responds and confirms the accuracy of the data exchange information, the worker removes the person and his or her income from the household, adjusts the food benefits, and determines if an overpayment referral is needed, per OAC 340:50-15.

(j) When benefits may be reopened following closure.The food benefit may be reopened following closure using current eligibility information, when:

(1) DHS did not administer policy and procedures correctly.The food benefit is reopened effective the first day of the month of closure;¢ 1920

(2) the household fails to complete the mid-certification renewal timely, but provides all required verification by the first day of the month of closure.The food benefit is reopened effective the first day of the month of closure;¢ 2021 or

(3) the household fails to complete the mid-certification renewal timely, but provides all required verification by the last day of the month of closure.The food benefit is reopened and prorated from the date the household completes the mid-certification renewal and provides all required verification.¢ 2021

(k) Notice requirements.DHS is required to send a notice to the household when food benefits increase, reduce, or close.

(1) Advance notice of adverse action required.Prior to reducing or closing food benefits during the certification period, per 7 C.F.R. § 273.13, the worker must provide timely advance notice unless circumstances described in (k)(2) or (3) of this Section occur.

(A) Advance notice of adverse action is considered timely when the notice is mailed at least 10-calendar days before the action becomes effective.Refer to DHS Appendix B-2 for advance notice processing deadlines.

(B) When the household reports a change:

(i) 10-calendar days or more before the advance notice of adverse action deadline, the worker decreases or closes the food benefit effective the first of the following month.For example, when the household reports a change on May 18th, the effective date of the change is June 1st; or

(ii) less than 10-calendar days before the advance notice of adverse action deadline, per DHS Appendix B-2, the worker decreases or closes the food benefit effective the first of the month after the following month.For example, when the household reports a change on May 25th, the effective date of the change action is July 1st.

(2) Notice requirement when benefits increase.When a reported change increases food benefits, the worker makes the change by the non-advance notice deadline date, per DHS Appendix B-2.When the change is reported after the non- advance notice deadline, the worker supplements food benefits.¢ 2122

(3) Advance notice of adverse action not required.Advance notice of adverse action is not required for actions (A) through (H) of this paragraph, per 7 C.F.R. § 273.12(e) and 7 C.F.R. § 273.13(b).

(A) Mass changes.When DHS initiates mass changes because of changes or requirements in federal or state law, the computer system closes benefits by the non-advance-notice deadline, per DHS Appendix B-2.¢ 2223In these situations, the individual notification requirement is waived and AFS mails generic notices to the affected households informing them of the changes that are about to be made.¢ 2324

(B) Deceased household members.When the worker determines, based on reliable information, that all members of the household are deceased, the worker closes benefits by the non-advance-notice deadline, per DHS Appendix B-2.

(C) Moved out of state.When the worker determines, based on reliable information, the household moved out of state, the worker closes benefits by the non-advance-notice deadline, per DHS Appendix B-2.

(D) Unfinished issuance certification.When the unfinished issuance process is used at certification, the worker adjusts the benefit to take into account changes anticipated at the time of certification.The certification notice informs the household of all benefit changes included in this process.

(E) Disqualified household member.When the only household member is disqualified for an intentional program violation or fraud, per OAC 340:50-15-25, food benefits are closed by the non-advance-notice deadline, per DHS Appendix B-2.When there is more than one person in the household, the remaining household members' benefits are reduced or closed because of that household member's disqualification by the non-advance-notice deadline, per DHS Appendix B-2.

(F) Facility loses approval.When a household's food benefit closes because the drug or alcohol treatment center or group home facility where the household resides is no longer approved, the worker closes benefits by the non-advance-notice deadline, per DHS Appendix B-2.

(G) Household provides written statement.The worker closes or reduces benefits by the non-advance-notice deadline, per DHS Appendix B-2, when the household provides a written statement:

(i) stating the household no longer wants to receive food benefits; or

(ii) requesting closure or reduction in food benefits to avoid or repay an overpayment.

(H) Case transfer.When the worker closes food benefits in one case in order to transfer the food benefits to another case without a decrease or disruption in benefits, the worker closes benefits by the non-advance-notice deadline, per DHS Appendix B-2.

(l) Action on changes when fair hearings are requested.When a household requests a fair hearing within 10-calendar days of the date shown on an adverse action notice, the worker must reopen or restore food benefits to the previous level pending the outcome of the hearing unless the household specifically waives continuation of benefits, per 7 § C.F.R. 273.15(k).Refer to OAC 340:2-5 for fair hearing procedures.

INSTRUCTIONS TO STAFF 340:50-9-5

Revised ~~10-2-19~~5-1-20

1.At the interview, the worker must give or send each household, Forms 08FB038E, Changes in Household Circumstances, and 08MP006E, Information for Benefit Renewal.

(1) The worker puts the ~~local~~ county office's toll-free phone number on Form 08FB038E and explains the household may call or use Form 08FB038E to report household changes.A change is considered reported the date the worker receives Form 08FB038E or is notified of the change by phone or personal contact.

(2) The worker uses Form 08MP006E to explain benefit renewal requirements, time frames, change reporting rules, and if the household is an annual or semi-reporting household.

(3) After certification, the household receives a notice explaining when the household's mid-certification renewal is due and change reporting rules.

2.(a) The worker is responsible for identifying the household's reporter status and explaining benefit renewal requirements at application and certification renewal.

(b) The computer system recognizes the annual report status, automatically assigns a 24-month certification period, and identifies the household as an annual reporting household by entering "A" in the reporter status field.

3.When the:

(1) household reports a change in income that exceeds income guidelines, per Oklahoma Department of Human Services ~~(DHS)~~ (OKDHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, in a non-report month, the worker must request and receive verification the person already received income from the source before closing the household's food benefits; and

(2) income source is from a new job, the verification must show the person received at least one full paycheck before the worker closes the food benefits.When the household does not provide the verification, the worker documents the new income in Family Assistance/Client Services (FACS) case notes and addresses the income at the next mid-certification renewal or certification renewal.

4.When the household reports the change on Form 08FB038E, the worker must provide the household with another Form 08FB038E.

5.The worker must take prompt action to verify receipt of substantial lottery or gambling winnings and begin closure procedures when the household or a third party reports the household received substantial lottery or gambling winnings, as defined, per Oklahoma Administrative Code (OAC) 340:50-7-1(a)(3), for all types of reporting households.

(1) When the household reports substantial winnings, it is required to verify the winnings.The worker closes the Supplemental Nutrition Assistance Program (SNAP) food benefit for the entire household once verification is received even when the household states all of the winnings were spent.The worker also closes the SNAP food benefit when the household fails to provide verification after being given 10-calendar days to do so.

(2) When the worker receives information from a data match or other third party regarding the household's receipt of substantial lottery or gambling winnings, the action required depends on whether the information is unclear, per (i) of this Section.

(A) When the worker receives a direct match from a lottery or gambling entity and there is no question regarding which client received the winnings, the worker closes the SNAP food benefit effective the next advance notice deadline date, per OKDHS Appendix B-2.

(B) When the worker receives the information from a third party data match or another third party, the worker follows unclear information procedures per (i) of this Section.

(3) When the worker closes the SNAP food benefit due to substantial lottery or gambling winnings, the household must reapply and cannot be considered categorically eligible the first time it reapplies, per OAC 340:50-11-111(d).To regain eligibility, the household must reapply, meet non-categorical resource requirements, per 7 C.F.R. § 273.8 and OAC 340:50-7-6, and verify how the winnings were spent down below the appropriate resource standard, per Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions.This applies to all households, including households receiving Supplemental Security Income or Temporary Assistance for Needy Families.Once the household meets non-categorical resource requirements and is certified, it regains categorical eligibility for future applications and renewals unless the household contains a sponsored alien or meets criteria, per OAC 340:50-11-111(d).

56.For example, income changes must always be verified, but a shelter cost change does not need to be verified unless it is questionable.

67.(a) The household receives a computer-generated notice titled, 'Renew My Benefits.'The notice informs the household when the renewal is due, methods the household may choose to complete the renewal, and required verification.

(b) Methods the household may use to complete the mid-certification renewal include:

(1) submitting the benefit renewal electronically by:

(A) accessing www.okdhslive.org; or

(B) getting help from the ~~DHS~~ OKDHS or a community partner to access www.okdhslive.org;

(2) downloading Form 08MP004E, Renew My Benefits, from ~~DHS~~ OKDHS - Forms and Applications for Service and completing, signing, and delivering, mailing, or faxing it to ~~DHS~~ OKDHS;

(3) going into ~~the local~~ a county office for assistance; or

(4) phoning 405-487-5483.

78.(a) Once the household submits the mid-certification renewal, the information is analyzed to determine:

(1) what changes occurred;

(2) if the household signed the mid-certification renewal electronically or on the paper benefit renewal form;

(3) if the household provided all required verification; and

(4) what changes must be made on the computer system.

(b) After the worker analyzes the mid-certification renewal, he or she updates the benefit report action field to indicate the benefit renewal status and the action date using Systems Help Instructions located on Quest.The mid-certification renewal is coded:

(1) incomplete, when the household failed to sign the mid-certification renewal or did not provide all required verification;

(2) ready to work, when the household signed the mid-certification renewal and provided all required verification, but the worker has not completed the mid-certification renewal; or

(3) complete, after the worker:

(A) evaluates information contained on the mid-certification renewal, the verification provided, and on data exchange screens for changes;

(B) enters all mid-certification renewal information including changes, in the FACS Interview and Eligibility Notebooks; and

(C) documents changes made and how continued eligibility was determined in FACS Case Notes.

(c) Case Worker Activity (CWA) reports are available to help workers track the status of pending mid-certification renewals.Information regarding each CWA report is available on the Infonet by clicking on the Job Functions tab, choosing Quest, and typing CWA Specifications in the search field.

89.At negative action deadline, mid-certification renewals not coded as complete, are automatically closed the next effective date with reason code 36S.

(1) When the household submits an incomplete renewal and time permits, the worker may attempt phone contact to inform the household of information needed to complete the renewal.The worker does not send Form 08AD092E, Client Contact and Information Request, unless 10- or more calendar days remain before the negative action deadline, per ~~DHS~~ OKDHS Appendix B-2, Deadlines for Case Action.

(2) Prior to deadline, the worker records what information is lacking in the FACS Case Notes and any attempts made to obtain needed information.

910.(a) The worker is responsible for identifying the household's reporter status and explaining benefit renewal requirements at application and certification renewal.

(b) The computer recognizes the semi-annual status, automatically assigns a 12-month certification period, and identifies the household as a semi-annual reporting household by entering "S" in the reporter status field.

1011.When the household contains an able-bodied adult without dependents (ABAWD), the worker informs the household at the certification and certification renewal interviews of the ABAWD work rule and change reporting requirements.When an ABAWD's work hours decrease below 80 hours per month, he or she must report the decrease by the 10th of the following month.

(1) When the household reports the ABAWD's work hours decreased, the worker determines when the work hours decreased below an average of 20 hours per week or 80 hours per month.

(2) When the worker determines the ABAWD is eligible to receive the initial three 'free' months, food benefits continue.The worker completes a desk review during the third month prior to advance notice deadline to determine if the ABAWD meets work requirements or must be removed from the food benefit.

(3) When the worker determines the ABAWD received all food benefits for which he or she is eligible, the worker removes the ABAWD from the food benefit effective the next advance-notice deadline date, per ~~DHS~~ OKDHS Appendix B-2.When the ABAWD is the only person in the food benefit household, the worker closes the food benefit effective the next advance-notice deadline date, per ~~DHS~~ OKDHS Appendix B-2.

1112.When the household reports an address change, the worker must offer voter registration services, per Oklahoma Administrative Code ~~(OAC)~~ 340:65-11-3.

1213.When the household reports a change, the worker determines if the change affects the household's eligibility or the food benefit amount.The worker documents all reported changes in FACS Case Notes.When the household reports the change on Form 08FB038E, the worker must provide the household with another Form 08FB038E.

1314.(a) When a change is reported, the worker:

(1) makes the change effective no later than the first issuance to be delivered 10-calendar days after the date the household reports or verifies the change, whichever is later; and

(2) issues a supplement when appropriate.

(b) When the change increases the food benefit and the household:

(1) provides the required verification within 10-calendar days of reporting the change, the worker issues the supplement by the 10th calendar day following the date the change was reported, or the date the regular roll benefit is to be received, whichever is later;

(2) provides the required verification within 10-calendar days prior to the regular roll issuance, but later than the 10th calendar day, the worker issues the supplement within 10-calendar days of the date the household provides the verification; or

(3) does not provide the required verification prior to the regular roll issuance date, the worker does not issue a supplement.

1415.A notice of adverse action is computer-generated except when the reason for the change is death, code 01, or other, code 69.When code 69 is used, the worker hand issues Form 08MP038E, Client Notice of Action.

1516.(a) Types of information considered verified upon receipt include, but are not limited to:

(1) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA);

(2) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from the SSA;

(3) Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);

(4) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC);

(5) workers' compensation documents from Workers' Compensation Court;

(6) changes in household composition reported by the household; and

(7) actions processed for food benefits or other ~~DHS~~ OKDHS programs affecting food benefit expenses, such as:

(A) a decrease in the child care family share co-payment, resulting in a smaller dependent care deduction; or

(B) the determination of an intentional program violation.

(b) Examples of information that are NOT verified upon receipt are:

(1) Oklahoma Wage Link (OWC and OWL), quarterly wage match data, unless criteria per (i)(2) and (4) of this Section applies;

(2) wage data obtained from BENDEX, unless criteria per (i)(2) and (4) of this Section applies;

(3) New Hire List (NHL) matches.For example, an NHL data exchange message is received during a non-report month indicating a household member started working.When counted, the income would decrease the food benefit.However, because the information is NOT considered verified upon receipt, the worker does not take action to decrease food benefits in a non-report month, unless the NHL screen shows the person's salary or rate of pay and scheduled hours and the projected monthly income may make the household over income, per ~~DHS~~ OKDHS Appendix C-3 or criteria per (i) of this Section applies;

(4) changes in shelter and utility costs.For example, when the client reports the rent decreased from $1000 to $600 per month in a non-report month it does not cause a decrease in benefits, as this information is NOT considered verified upon receipt; and

(5) a prisoner's (PRS) or date of death (DOD) data match from SSA as information may be old or incorrect.This is considered unclear information per (i)(4) of this Section.

1617.Examples of unclear information that significantly conflicts with information used at certification include when the worker receives:

(1) data exchange information indicating a household member started a new job or was working at a job the month before or the month of application and did not report the information; or

(2) information from the client's neighbor who reports that the client's husband is working and never left the home as reported by the client.

1718.(a) Examples of when the worker is required to send Form 08AD092E to the household to clarify its circumstances because the unclear information is fewer than 60-calendar days old include, when:

(1) the client reports that a household member who is an able-bodied adult without dependents stopped working or reduced his or her hours below 20 hours per week;

(2) ~~DHS~~ OKDHS receives a State New Hire (SNH) G1DX discrepancy on July 1, 2018, showing that a household member began working on May 5, 2018, and the employee detail page of the SNH screen indicates the household member's earnings place the household's income above the maximum income standard, per ~~DHS~~ OKDHS Appendix C-3.This situation meets the 60-calendar day requirement even when the worker does not review the discrepancy and send Form 08AD092E until July 15th, because the discrepancy was transmitted to ~~DHS~~ OKDHS within 60-calendar days of the employment start date; (3) an acquaintance of the client calls on June 3, 2018, to report that the client started working 40 hours per week at a job on April 30, 2018, and makes $15 per hour.The caller would need to provide enough specifics, such as the employer's name and where the business is located, in order for the worker to act on the information.The client must verify if he or she works at the reported business, since the report was received within 60-calendar days of the reported start date and, when true, the reported income would make the client ineligible for food benefits; or

(4) the client calls or completes Form 08FB038E to report starting a new job and the reported income would make the household over income for food benefits.The client must verify the income after receiving a full pay check since the job started within 60-calendar days of the report date.

(b) Examples of unclear information that do not require the worker to send Form 08AD092E to request information are included in (1) and (2) of this subsection.The worker must document the circumstances in FACS case notes as a reminder to verify the information at the next mid-certification or certification renewal.

(1) A semi-annual reporting client reports on May 1, 2018, that she started working 30 hours per week at $10 per hour on April 10, 2018.Since the reported income does not make the client ineligible for food benefits, the household is not required to verify the income until the next mid-certification renewal or certification renewal is due.

(2) ~~DHS~~ OKDHS receives a SNH G1DX discrepancy on June 10, 2018, showing the client started working on March 28, 2018, and the employer detail page indicated the earnings may place the household above the maximum income standard, per ~~DHS~~ OKDHS Appendix C-3.The worker does not require the client to verify the income in a non-report month because the unclear information was not received within 60-calendar days of the client's start date.

1819.PRS and DOD data matches appear as alerts on G1DX.Whenever the worker receives one of these alerts, he or she must attempt to confirm the accuracy of the information before taking action.SSA receives and sends information to ~~DHS~~ OKDHS:

(1) regarding PRS data matches from some, but not all, prisons, jails, and other penal institutions or correctional facilities, certain mental health institutions, andvarious third parties including media sources.SSA maintains this data to identify Supplemental Nutrition Assistance Program (SNAP) clients who 'are currently' or 'have been incarcerated.'The worker accesses the incarceration dates by typing PRS next to the SSN on the G1DX results and hitting enter.A detail screen displays the incarceration dates; and

(2) regarding DOD data matches from local State Departments of Health.The G1DX screen displays date of death for persons reported as deceased by SSA, but who appear to be receiving ~~DHS~~ OKDHS benefits.

1920.When the food benefit closes because of administrative error, the worker:

(1) reopens the FACS SNAP tab using "R" in the Action Taken field and "18A" in the Reason field;

(2) enters any required changes; and

(3) updates the benefit and status fields in the Household tab for persons included in the benefit household.

2021.(a) When the food benefit closes because the household did not complete the mid-certification renewal timely, the worker:

(1) reopens the SNAP tab using "R" in the Action Taken field, "18O" in the Reason field, and the date the mid-certification renewal was completed in the Effective Date field;

(2) enters any required changes; and

(3) updates the benefit and status fields in the Household tab for persons included in the benefit household.

(b) When the household waits until after the last day of the month of closure to provide needed information, the household must reapply.

2122.The worker uses the FSSR transaction to issue a supplement.To access the FSSR screen, the worker types M space FSSR in the information management system (IMS) and hits enter.The worker enters the appropriate case information on the Request for Supplemental/Retro SNAP benefits screen and hits enter to issue the supplement.

2223.Examples of mass changes include changes in:

(1) the maximum income limitation or basis of issuance tables;

(2) cost-of-living increases in SSA, Veteran, Railroad Retirement, or SSI benefits; and

(3) Temporary Assistance for Needy Families cash assistance or State Supplemental Payments.

2324.AFS SNAP staff may also announce SNAP changes through the media so the general public and food benefit recipients are notified.

SUBCHAPTER 11. SPECIAL PROCEDURES

PART 1. HOUSEHOLDS ENTITLED TO EXPEDITED SERVICE

340:50-11-5. Procedures for expediting services

Revised ~~9-16-19~~5-1-20

To expedite the certification process, the worker must verify the applicant's identity and conduct the household's interview as soon as possible to ensure the household, when eligible, receives expedited service timely.¢ 1

(1) Reasonable pursuit of verification. ~~All~~ The worker makes reasonable efforts to verify, within the seven-calendar day expedited processing standard, the household's residency, income ~~declaration~~ statement, ~~how the household is meeting their needs when their expenses exceed income or there is no income,~~ and all other eligibility factors ~~of eligibility are made~~, per Section 273.2(i) of Title 7 of the Code of Federal Regulations, before certification.This effort includes evaluating the household's explanation of how the household meets its needs when declared expenses exceed reported income or when the household reports no household income.

(A) The worker verifies eligibility factors ~~by seeing~~ through documentary evidence or, when documentary evidence is not readily available, through a collateral contact ~~when documentary evidence is not readily available~~.

(B) The worker may postpone verifying eligibility factors other than identity that could not be verified within the ~~seven-calendar day~~ expedited service processing time limit.In most instances, it is expected that the applicant verify at least residence and income, within the time limit.

(C) ~~Benefits cannot be delayed~~ The worker must not delay certification up to, or beyond the time limit, solely because factors other than identity were not verified.When the household is unlikely to be able to provide the required verification within the expedited service timeframe, the worker must postpone verification.

(2) Postponed verification.When verification is postponed, the worker gives or sends the household Form 08AD092E, Client Contact and Information Request, to request the postponed verification before further benefits are approved.

~~(1)~~(A) ~~Households entitled to expedited service are asked to furnish~~ When a household member, who is not a newborn, needs to provide a Social Security number ~~for each person applying for benefits~~ (SSN) that was postponed, the household must furnish the SSN or proof that an application was filed with the Social Security Administration before the second full month of participation ~~with the exception of newborns~~.¢ 12

~~(2) The worker certifies households who furnish all necessary verification for determining continued eligibility for a normal certification period.~~¢ 2

(3) Per Oklahoma Administrative Code 340:50-3-2, when the interview is postponed, the worker provides the household with Form 08AD091E, Interview Notice, or Form 08AD093E, Support Center Interview Notice, setting an interview date and time as quickly as possible to ensure the interview can be completed by the last day of the expedited certification period.¢ 3When, after the interview, the household needs to provide verification, the worker gives or sends the household Form 08AD092E, Client Contact and Information Request, requesting the postponed verification.

(B) When verification is postponed, the worker certifies the household for a one- or two-month expedited certification period, per Oklahoma Administrative Code (OAC) 340:50-11-6. To avoid a break in benefits, when the household is certified for:

(i) one ~~or two months~~ month, ~~because:~~

~~(A) the interview was postponed, the interview must be completed by the last day of the expedited certification period.~~¢ ~~4When the interview is not completed last day of the expedited certification period, the household must reapply for food benefits; or~~

~~(B) verification was postponed,~~ the household must furnish the postponed verification within 30-calendar days of the application date; ¢ 3 or

(ii) two months,by the last day of the expedited certification period.¢ 4

(C) When the household does not provide the verification within 30-calendar days of the application date for a one month certification, or by the last day of the expedited certification period for a two month certification, but does provide it within 60-calendar days of the application date, benefits are prorated from the date the verification is provided.The household must complete a new application in order to receive further benefits when the verification is not received within 60-calendar days of the application date.¢ 3 & 4

~~(4)~~(D) When the household ~~completes the interview and~~ provides postponed verification timely, the worker approves the household, when eligible, for a normal certification period within seven-calendar days of receipt of the verification ~~and completion of the interview~~.¢ 2

(3) Normal certification period.When the household is eligible for expedited services and verification is not postponed, the worker certifies the household for a normal certification period.¢ 5

~~(5)~~(4) Multiple expedited services certifications.There is no limit to the number of times a household ~~can~~ may be certified using expedited procedures, as long as prior to each expedited certification the household completes the interview requirement~~, when postponed~~, and provides the postponed verification from the last expedited certification~~.When the household fails to complete the postponed interview or provide postponed verification, the household must be~~ or is certified using normal processing standards, per ~~Oklahoma Administrative Code~~ OAC 340:50-3-1 ~~before the household is again eligible for an~~ between expedited ~~certification~~ certifications.

INSTRUCTIONS TO STAFF 340:50-11-5

Revised ~~9-16-19~~5-1-20

1.Effective May 1, 2020, Food and Nutrition Services no longer allow states to postpone the interview requirement.

12.Households with a newborn must provide the newborn's Social Security number (SSN) or proof of application at the next certification renewal or within six months following the month the baby is born, whichever is later.All other household members unable to provide a SSN prior to the second full-month of participation are allowed to continue to participate only when they provide verification the household member applied for a SSN or made every effort to supply the necessary information to complete an application.Refer to Oklahoma Administrative Code (OAC) 340:50-5-68 for more information regarding SSNs.

~~2.Refer to OAC 340:50-9-1 for information regarding normal certification periods.~~

3.The worker in the local county office uses Form 08AD091E, Interview Notice, and the worker in a support center uses Form 08AD093E, Support Center Interview Notice, to schedule an interview.The worker in a: Example: The household applies on January 10th and is certified for a one month certification period from January 10th through January 31st.The household must provide the postponed verification by February 9th to avoid proration of food benefits.When the household provides the verification:

(1) local county office uses Form 08AD091E to set an interview date because it offers the option of an office or phone interview and instructs the applicant to send verification to the local county office address instead of the Customer Services Center address by February 9th, the "application date" field, IMS block C1, in the SNAP tab of the Family Assistance/Client Services (FACS) Eligibility Notebook remains January 10th and benefits are not prorated; or

(2) ~~in a support center uses Form 08AD093E to set an interview date because it only offers a phone interview and instructs the applicant to send verification to the DHS Customer Service Center.~~after February 9th but within 60-calendar days of the application date, the worker changes the "application date" field to the date the verification is provided and benefits are prorated; or

(3) after the 60th calendar day from the application date, the household must reapply.

4.(a) Example:A client applies for food benefits on March 15, 2018, and is certified for expedited food benefits for one month because the interview was postponed.The interview must be completed by March 31, 2018, to avoid a break in services since that is the last day of the certification period.This gives the client 16-calendar days from the application date to complete the interview.

(c) Example:A client applies for food benefits on January 18, 2018, and is given a two month certification period pending an interview.This means the client has to complete the interview before February 28, 2018, or complete a new application.If the client completes the interview on February 20, 2018, it is considered timely as the interview was completed by February 28th.To avoid the system recording an untimely certification date for the recertification action because the certification was not completed within 30-calendar days from the original application date, the worker changes the application date to February 20th, the day the interview was completed, and recertifies the household effective March 1, 2018.

Example:The household applies on March 16th and is certified for a two-month certification period from March 16th through April 30th. The household must provide the postponed verification by May 1st to avoid proration of benefits. When the household provides the verification:

(1) by April 14th, the "application date" field, in the SNAP tab of the FACS Eligibility Notebook remains March 16th, and benefits are not prorated;

(2) between April 15th and April 30, the worker changes the "application date" field to the date the household provides the postponed verification. Benefits do not prorate since the household already received the April SNAP benefit;

(3) on May 1st, the worker changes the "application date" field to May 1st.Benefits do not prorate since this is the first date of the month;

(4) between May 2nd and May 15th the worker changes the "application date" field to the date the verification is provided and benefits are prorated; or

(5) after May 15th, the household must reapply.

5.Refer to OAC 340:50-9-1 for information regarding normal certification periods.

340:50-11-6. Issuance for households entitled to expedited services

Revised ~~6-1-13~~5-1-20

When the household is determined eligible for expedited services, and the required ~~interview or needed~~ verification was postponed, the household is certified for a one or two-month certification period.¢ 1

(1) When the household applies between the:

(A) first and 15th of the month, the worker certifies the household for one month; or

(B) 16th and 31st of the month, the worker certifies the household for two months.

(2) The worker prorates the initial month's benefits when the household applies later than the first day of the month.

(3) When proration causes the household to be ineligible for the month of application, the application is denied for the month of application and approved for expedited issuance for the following month.

(4) The initial month's food benefits issue immediately when the household is eligible for expedited services.When the initial month's benefits are prorated and the household is assigned a two-month certification period, the second month's benefits issue on the first day of the second month.

INSTRUCTIONS TO STAFF 340:50-11-6

Revised ~~6-1-13~~5-1-20

1.(a) Effective May 1, 2020, Food and Nutrition Services no longer allows states to postpone the interview requirement.

~~(a)~~(b) When the household provides all needed ~~verifications have been provided~~ verification prior to ~~teleprocessing~~ certification, the ~~approval is entered using action code~~ worker enters a 1 in the "action taken" field, ~~reason code~~ an EO in the "reason" field, and the appropriate certification period in the "certification period" field of the Family Assistance/Client Services (FACS) SNAP tab.

~~(b)~~(c) When ~~verifications or the interview are waived~~ verification is postponed, the worker certifies the application ~~is approved~~ by entering an "S" in the "action ~~code of S~~ taken" field, an "EO" in the "reason" ~~code~~ EO field, and a certification period of one or two months in the "certification period" field of the FACS SNAP tab.When ~~waived verifications are~~ postponed verification is received ~~and the waived interview is completed~~, the worker certifies the household with a regular certification period, per Oklahoma Administrative Code (OAC) 340:50-9-1(e).

~~(c)~~(d) Once the household is determined eligible for a normal certification period, the next month's benefits issue, per OAC 340:10-1 Instructions to Staff # 1 and ~~OAC~~ 340:65-3-6.1 Instructions to Staff # 1~~(e)~~(g).

PART 12. CATEGORICALLY ELIGIBLE HOUSEHOLDS

340:50-11-111. Categorically eligible household

Revised ~~9-15-17~~5-1-20

(a) Purpose.This Part includes the requirements for establishing categorically eligible households for the Supplemental Nutrition Assistance Program (SNAP), per Section 273.2(j)(2) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(j)).

(b) Definitions.The following words and terms, when used in this Part, shall have the following meaning unless the context clearly indicates otherwise:

(1) "Categorically eligible household" means any household:

(A) ~~any household,~~ as defined, in per Oklahoma Administrative Code (OAC) 340:50-11-20, in which all members receive or are authorized to receive:

(i) Temporary Assistance for Needy Families (TANF) cash assistance; or

(ii) a combination of Supplemental Security Income (SSI) and TANF cash assistance;

(B) ~~any household~~ in which all members receive or are authorized to receive SSI; or

(C) ~~any household~~ in which members receive or are authorized to receive services through 2-1-1 Oklahoma, except as excluded in (d) of this Section.¢ 1

(2) "Authorized to receive" means the person was determined eligible for benefits and was notified of this determination even though the benefits have not yet been received.¢ 2

(c) Suspended, recouped, or benefit not issued.~~The fact that~~ A household whose TANF or SSI benefits ~~were~~ are suspended, recouped, or are less than the minimum amount paid ~~has no impact on a determination of~~ retain categorical eligibility.

(d) ~~Ineligible~~ Non-categorical households.A household is not classified as a categorically eligible household, ~~when the~~ per 7 C.F.R. § 273.2(j)(2)(vii):

(1) ~~entire household is institutionalized and the institution is not listed at OAC~~ ~~340:50-5-25~~ ~~as an institution where residents may participate in~~ the first time the household applies after SNAP benefits close because of substantial lottery and gambling winning, per 7 C.F.R. § 273.11(r), OAC 340-50-7-1, and 340:50-9-5(j); or

(2) ~~household contains a sponsored alien~~ when any household member is disqualified for an intentional program violation, per 7 C.F.R. § 273.16 and OAC 340:50-15-25;

(3) when any household member is disqualified for being a fleeing felon or probation or parole violator, per 7 C.F.R. § 273.11(n);

(4) when any household member is disqualified for being convicted of certain crimes as an adult after February 7, 2014, and is not in compliance with the terms of the sentence or the restrictions under 7 C.F.R. § 273.11(n), per 7 C.F.R. § 273.11(s); or

(5) the head of household is disqualified for failing to comply with work requirements per OAC 340:50-5-85 through 340:50-5-89. Refer to OAC 340:50-3-1(b)(2) for head of household information.

INSTRUCTIONS TO STAFF 340:50-11-111

Revised 9-15-17

1.Households that include household members that do not receive Supplemental Security Income or Temporary Assistance for Needy Families cash assistance are required to meet the income guidelines per Oklahoma Department of Human Services Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, Table 1 through Table 3.

2.When approved for food benefits, the certification notice advises households they are authorized to receive services through 2-1-1 Oklahoma.