COMMENT DUE DATE:
September 28, 2007
DATE:
September 14, 2007
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
Non-APA WF 07-Z
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 10-1-07.
CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-1 [Instructions to staff REVISED]
Subchapter 10. Electronic Benefit Transfer (EBT)
OAC 340:50-10-5 [Instructions to staff REVISED]
Subchapter 11. Special Procedures
Part 3. Simplified Food Stamp Program (SFSP) for Temporary Assistance for Needy Families (TANF) and Companion State Supplemental Payment (SSP) Recipient(s)
OAC 340:50-11-27 [Instructions to staff REVISED]
SUMMARY:
OAC 340:50-9-1 Instructions to staff (ITS) are revised to clarify the need for:(1) a new application if the client is ineligible the month he or she applies and the following month; (2) the worker to send a Notice of Missed Interview prior to a case being denied for failure to complete a face-to-face interview; and (3) the client to complete a new food benefit application at the time of the State Supplemental Payment case review.
OAC 340:50-10-5 ITS are revised to: (1) update information about how replacement electronic benefit transfer (EBT) cards are issued; (2) update the vendor name and phone number for the EBT card; and (3) clarify benefits used on a lost or stolen card cannot be replaced.
OAC 340:50-11-27 ITS are added to: (1) clarify that a new food benefit application is required at the Temporary Assistance to Needy Families case review; and (2) update a form number.
SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES
340:50-9-1.Determining the food stamp benefit allotment and teleprocessing certifications
Revised 9-1-05
(a) Cases with unverified deductible expenses.
(1) Food stamp benefits without deductions.If a deductible expense cannot be verified before the 30-day processing standard for applications expires, the worker determines the household's benefit level without giving a deduction for the claimed but unverified expense.If the household:
(A) is eligible without allowing the expense, an allotment which does not reflect deduction of the expense is provided within 30 calendar days after the application is filed; or
(B) chooses to claim expenses for an unoccupied home, the worker verifies the household's utility expenses for the unoccupied home and uses the appropriate utility standard.
(2) Benefits delayed.If a deductible expense cannot be verified before the 30-day processing standard for applications expires and the household is ineligible unless the expense is allowed, the household application is held pending or denied.
(b) Determining household eligibility.In calculating net monthly income, cents are used in determining each source of each individual's monthly income and the household's monthly dependent care, shelter, or medical expense.When the monthly amount of each individual's source of income or each of the household's expenses is established, and at all other steps of the net income computation, cents are rounded to the nearest dollar, 1 cent through 49 cents is rounded down and 50 cents through 99 cents is rounded up.For example an individual's weekly earnings of $99.90 are multiplied by the number of checks that will be received in a month's time and the cents rounded to the nearest dollar, $99.90 x 4.3 = $429.57 rounded to $430.Due to changes in composition or circumstances, households certified under gross income standards may become subject to net income standards during the certification period or vice versa.The worker is required to change the one income standard to the other when any change is made in the case to adjust the household's eligibility, benefit level, or certification period, or at recertification, whichever is earlier.
(1) Households without elderly or disabled members.If the household does not have an elderly or disabled member, the household's total gross monthly income and household size are the first basis for determining eligibility.The household is not eligible if the total gross income exceeds the Maximum Gross Income Standard for the appropriate household size as shown on Oklahoma Department of Human Services (OKDHS) Appendix C-3, Maximum Food Stamp Allotments and Standards for Deductions, Maximum Income, and Utilities (Food Stamps).After gross income, resource, and non-financial conditions of eligibility are established, the net food stamp monthly income is computed and compared to the Maximum Net Income Standard for the appropriate household size as shown on OKDHS Appendix C-3.If the net food stamp income does not exceed this standard, the household is determined eligible.The steps in (A) through (H) of this paragraph are used to determine the household's net food stamp monthly income if the household does not include an elderly or disabled member.
(A) Add gross monthly income earned by all household members including any net self-employment income minus the earned income exclusions to determine the household's total gross earned income.
(B) Multiply the total gross earned income by the appropriate earned income deduction according to OKDHS Appendix C-3 and subtract that amount to determine the net monthly income.The earned income deduction is not allowed on any portion of income earned under a work supplementation or support program that is attributable to public assistance.
(C) Add the net monthly earned income and the total monthly unearned income of all household members, minus income exclusions.
(D) Subtract the standard deduction as shown in OKDHS Appendix C-3.
(E) Subtract monthly dependent care expenses, if any, up to the maximum amount allowed as shown in OKDHS Appendix C-3.A dependent care deduction cannot be allowed for dependent care expenses which are reimbursed or paid for under an Employment and Training Program or other source.
(F) Subtract verified legally-binding child support payments made to someone outside the food stamp household.
(G) Add the allowable shelter expenses to determine the total shelter costs.Subtract from the total shelter costs 50% of the adjusted income, the household's monthly income after all of the deductions given in subparagraphs (A) through (F) of this paragraph have been subtracted.The remaining amount, if any, is the excess shelter costs.If there are no excess shelter costs, the net monthly income has been determined.If there are excess shelter costs, go to the next step.
(H) To apply the excess shelter costs, subtract excess shelter costs from the adjusted income if the total of excess shelter costs does not exceed the maximum shown in OKDHS Appendix C-3.If the total of the shelter costs exceeds the standard shown in OKDHS Appendix C-3, only the amount not exceeding the standard is deducted.
(2) Households with elderly or disabled members.
(A) The steps listed in (i) through (ix) of this subparagraph are used to determine the household's net food stamp income if the household includes an elderly or disabled member.
(i) Add gross monthly income earned by all household members, including any net self-employment income minus the earned income exclusions, to determine the household's total gross earned income.
(ii) Multiply the total gross earned income by the appropriate earned income deduction from OKDHS Appendix C-3 and subtract that amount to determine the net monthly income.The earned income deduction is not allowed on any portion of income earned under a work supplementation or support program that is attributable to public assistance.
(iii) Add the net monthly earned income and the total monthly unearned income of all household members, minus income exclusions.
(iv) Subtract the standard deduction as shown in OKDHS Appendix C-3.
(v) Subtract medical expenses which exceed $35 for the elderly or disabled household members only.Thirty-five dollars is subtracted only once for the household rather than for each household member.
(vi) Subtract monthly dependent care expenses, if any, up to the maximum amount allowed as shown in OKDHS Appendix C-3.A dependent care deduction cannot be allowed for dependent care expenses which are reimbursed or paid for under an Employment and Training Program or other source.
(vii) Subtract verified legally-binding child support payments made to someone outside the food stamp household.
(viii) Add the allowable shelter expenses to determine the total shelter costs.Subtract from the total shelter costs 50% of the adjusted income, the household's monthly income after all of the deductions in (i) through (vi) of this subparagraph have been subtracted.The remaining amount, if any, is the excess shelter costs. If there are no excess shelter costs, the net monthly income has been determined.If there are excess shelter costs, go to the next step.
(ix) To apply the excess shelter costs, subtract excess shelter costs from the adjusted income.
(B) When a household that includes an elderly or disabled member meets the other resource and non-financial conditions of eligibility, the household's net food stamp monthly income and household size are the basis for determining eligibility.The net food stamp monthly income is compared to the Maximum Net Income Standards for the appropriate household size as shown on OKDHS Appendix C-3.If the net food stamp income does not exceed this standard, the household is determined eligible.
(c) Food stamp benefit allotment.
(1) Initial month proration.
(A) Initial month means the first month the household is certified for food stamp benefits following any period during which the household was not certified.Food stamp benefit allotments for an initial month are based upon the date of the application and prorated from the date of application.Proration of benefits from the application date applies to the new case if one food stamp household separates into two or more food stamp households.Migrant and seasonal farm workers are not prorated when the household has received food stamp benefits in the prior month.While a household's eligibility for the initial month is determined by considering the household's circumstances for the entire month of application, the benefit is based on the day of the month the household applies for benefits.¢ 1The monthly benefit that the recipient would be eligible to receive if proration did not apply must be determined prior to computation by using the prorated benefit on OKDHS Appendix B, Proration Table for TANF and Food Stamp Benefits; or by using the formula: (31 minus the application date) x monthly benefit divided by 30 = the prorated benefit.
(B) The prorated benefit is rounded down to the lower dollar.If the answer is less than $10, the household is denied for the month of application but certified for the next month.If the household applies on the 31st day of the month, use the 30th for the application date for purposes of this provision.Households that apply after the 15th of the month are issued the prorated benefits for the month of application and the benefits for the first full future month on the same day.
(C) When a household is certified for the month following the month of initial application because the household failed to furnish necessary information, benefits are prorated from the date the household furnished the information.The application date becomes the date information was furnished to OKDHS.
(2) Monthly benefit.The monthly benefit for all months except the initial month is the amount listed on OKDHS Appendix C-3 for the appropriate household size and net income.
(d) Certification periods.Definite periods of time are established for each eligible household to receive benefits.At the expiration of each certification period, entitlement to food stamp benefits is established only upon a recertification based upon a newly completed application, an interview, and required verification provided.[OAC 340:50‑3‑2]Under no circumstances are benefits continued beyond the end of a certification period without a redetermination of eligibility.The month of application is the first month in the certification period for initial applicants if eligibility is determined within the 30-day period.Because of anticipated changes, a household may be eligible for the month of application but ineligible for the subsequent month.In this situation, the household is certified for the month of application only.If a household is found to be ineligible and is denied benefits for the month of application but is eligible for subsequent months, a new application form is not needed and the case is certified effective the month following the month of application. n 2During the application process a household who did not appear for their first scheduled interview may request a new interview date be scheduled through the 30th day following their application date.See delayed applications in paragraph (1) of this subsection to determine the proration date of the food stamp benefit allotment.When an application is denied because the household did not provide the requested information and the applicant furnishes the required information and an eligibility determination can be made within the second 30‑day period, no new application is required.The case is then certified using the date the information or verification is furnished as the application, certification, or proration date.
(1) Delayed applications.Applications that are not approved or denied by the 30th calendar day are considered delayed applications.On the 30th calendar day following the application date, every delayed application is assessed to determine who caused the delay.The purpose of this assessment is to determine if the benefits are denied and what date is used to prorate benefits if the household is determined eligible at a later date.¢ 23
(A) Delay caused by the Oklahoma Department of Human Services (OKDHS).When the processing delay is caused by OKDHS, the application remains in pending status.At the end of the first 30 calendar days the household is notified of the reason the application is still pending using Form ABCDMS-37-A, Notice to Client of Action Taken.If the household is later determined eligible, the case is certified back to the date of application.¢ 34OKDHS caused delays include, but are not limited to, the circumstances given in (i) through (vi) of this subparagraph.
(i) The household's first interview was scheduled on or before the 20th day following the date of application.The household appeared for the interview but subsequently failed to provide the required verification.During the interview the worker did not explain to the household or provide the information in writing regarding:
(I) what factors must be verified;
(II) what is considered acceptable verification; or
(III) by what date the information must be supplied.
(ii) An interview was never scheduled for the household.
(iii) The worker did not offer or provide assistance to the household in obtaining the verification as required or did offer assistance but failed to follow through on collateral contacts or release of information.
(iv) The worker discovered that additional information was required after the interview but the client did not have ten calendar days between the request for the verification and the 30th calendar day of the application process.
(v) The household missed their first interview on or before the 30th calendar day and requested that the interview be rescheduled.The county was unable to schedule the second interview date until after the 30th calendar day.
(vi) The eligible household provided all the required verification on or before the 30th day, and the application was not approved or denied.
(B) Delay caused by the household.When the processing delay is caused by the household, the application is denied on the 30th calendar day.The household is notified by computer-generated notice that the application is denied.When the household provides the required verification in the second 30 calendar days, no new application is required.If the household is determined eligible, the food stamp benefit allotment is prorated from the date the household provided the verification.Household caused delays include, but are not limited to, the circumstances given in (i) through (iii) of this subparagraph.
(i) The household's first interview was scheduled on or before the 20th calendar day following the date of application.The household appeared at the interview but subsequently failed to provide the required verification.The worker provided the household with a statement of required verification, offered to assist the household in obtaining the verification, and also allowed the household sufficient time to provide the verification.
(ii) The household missed their first interview and requested on or before the 30th calendar day that the interview be rescheduled. ¢ 5 The interview was rescheduled to be held on the 30th calendar day; however, the household did not provide all the required verification at the rescheduled interview.
(iii) The household missed their first interview and requested on or before the 30th calendar day that the interview be rescheduled.The household stated they could not come in until after the 30th calendar day.
(2) Length of certification periods.Households are assigned the longest certification period possible based on the predictability of the household's circumstances.In (C) and (D) of this paragraph, the length of the incapacity must be expected to exceed the length of the certification period.
(A) One month.A one-month certification is assigned to:
(i) households eligible only for the month of application; and
(ii) migrant farm worker households, in the work stream, who apply before the 16th of the month.
(B) Two months.A two-month certification is assigned to:
(i) households eligible only for the month of certification and subsequent month; and
(ii) migrant farm worker households, in the work stream, who apply after the 15th of the month.
(C) Three to six months.A three to six-month certification is assigned to all households with circumstances not addressed in subparagraphs (A), (B), or (D) of this paragraph.Information used as guidelines for the length of certification periods for groups listed in this subparagraph is given in (i)(I) through (III) of this subparagraph.
(i) The worker reviews the case carefully to see if there have been overissuances or underissuances due to the household's failure to report:
(I) changes in income;
(II) changes in household composition; or
(III) moving from residence to residence, thereby changing the shelter expense.
(ii) The factors in (i)(I) through (III) of this subparagraph are some of the factors to be checked, but are not meant to be all inclusive.At the discretion of the worker, a shorter certification period may be assigned.The length of the certification period assigned groups in this subparagraph is based on review of the history of the household and the judgment of the worker.
(D) Twelve months.
(i) A 12-month certification period is assigned to non-public assistance (non‑PA) households at certification unless:
(I) the household includes an able-bodied adult without dependents member who is not meeting the work requirement or is not otherwise exempt; or
(II) all adult household members are elderly or disabled with no earned income.
(ii) These households are required to complete Form FSS-BR-1, Benefit Review Report, at six-month intervals.They are known as semi-annual reporters.¢ 46
(E) Twenty-four months.A 24-month certification period is assigned to non-PA households when all adult members are elderly or disabled with no earned income.These households are required to complete Form FSS-BR-1 at 12‑month intervals.They are known as annual reporters.¢ 5 7
INSTRUCTIONS TO STAFF 340:50-9-1
Revised 10-1-07
1.In order to issue the correct food stamp benefit allotment amount, the application date on the Family Assistance/Client Services (FACS) system must be coded as if the household had applied on the first day of the application month regardless of the actual date of application.
2.If the applicant is not eligible for the month of application or the following month, the application is denied.A new application is required for subsequent months.
23.The assessment is recorded in the case record.
34.Processing retroactive certifications.Food stamp benefit certifications for the current or future month may be teleprocessed through the last day of the month.
(1) The FSSR transaction can be is used to issue benefits back to the date of application but no more than two months prior to the month the case is processed.
(2) The FSLB transaction is used to request retroactive certifications that are more than two months prior to the current month.
(3) Instructions for the FSSR and FSLB transactions are found by entering M space FSSR or M space FSLB on the Information Management System (IMS) network.
5.If a member of the food benefit household or the household's authorized representative fails to appear for the first scheduled interview, the worker must issue a Notice of Missed Interview (NOMI) informing the household they have missed the scheduled interview.The NOMI must be sent prior to denying the application and it must inform the household they can schedule a second interview. A copy of the NOMI is filed in the case record.
46.The worker gives Oklahoma Department of Human Services (OKDHS) Appendix BR-38, Information For for Semi-Annual Reporters, to households determined semi-annual reporters.
57.(a) The worker gives OKDHS Appendix BR-38-A, Information For for Annual Reporters, to households determined annual reporters.
(b) If the food benefit household is also receiving a State Supplemental Payment (SSP) at the time of the review for the SSP and food benefits and the household remains eligible for both benefits, the worker completes a new food benefit application.The worker updates the Food Stamp tab in FACS to show a new food benefit application.The new certification is then processed using a "1" action rather than a "c" change.
SUBCHAPTER 10. ELECTRONIC BENEFIT TRANSFER (EBT)
340:50-10-5.Replacement of lost, stolen, or destroyed Electronic Benefit Transfer (EBT) cards
Issued 7-1-01
The county office replaces a lost, stolen, or destroyed EBT card within two business days following notice by the household.¢ 1
INSTRUCTIONS TO STAFF 340:50-10-5
Revised 10-1-07
1.(a) Before a replacement card is issued When the electronic benefit transfer (EBT) card is lost, stolen, or destroyed, the recipient must call Citibank HelpDesk and request cancellation of the active go to the local human services center (HSC) to obtain a replacement card.
(1) When the EBT card is stolen, the client must first call Affiliated Computer Services (ACS) Customer Call Center at 1-888-328-6551 to cancel the EBT card before the EBT specialist issues a replacement card.
(2) A Each time a recipient requests a replacement card, he or she can be required to go through training and wait 24 hours every time before the EBT specialist issues a replacement card is requested.
(b)(3) Replacement cards may take up to one hour before being activated.
(cb) When the payee changes on a case, a determination must be made by the social services specialist as to worker must determine whether to give the new payee should have access to the current account balance before the change is made.
(1) If the new payee needs access to the balance in the food stamp benefit account, he or she must be processed in the computer first be coded as the authorized representative using the EBTU transaction.
(2) When the remaining benefits are depleted, the new payee is removed as the authorized representative and another card is issued in the new payee’s name.
(c) Benefits used from the account of a stolen or lost card cannot be replaced.
PART 3. SIMPLIFIED FOOD STAMP PROGRAM (SFSP) FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) AND COMPANION STATE SUPPLEMENTAL PAYMENT (SSP) RECIPIENT(S)
340:50-11-27. Changes after application and during the certification period
Revised 7-1-06
Households are required to report changes in accordance with OAC 340:65-3-1.At each application or redetermination, households are advised of their reporting responsibilities.g 1 Households are given a supply of Form FSP-38, Changes in Household Circumstances, and advised to contact their worker to request additional forms as needed.
(1) Reported change results in closure of TANF.When the Temporary Assistance for Needy Families (TANF) cash assistance is closed:
(A)the worker closes the food benefits the same effective date as the TANF cash assistance closure when the TANF is closed as a result of:g 12
(i) death of the payee;
(ii) failure or refusal to participate in TANF Work;
(iii) the household moves out of state; or
(iv) the household requests closure of the TANF cash assistance and food benefits;g 23
(B) the computer converts the food benefits to transitional food benefits (TFB) when the TANF cash assistance is closed for reasons other than those listed in (A) of this paragraph and:g 34
(i) there is no companion State Supplemental Payment (SSP) case; or
(ii) the TANF case is the primary food benefit case, and the companion SSP case remains open.g 45
(C) the computer converts the food benefits to non-PA food benefits when the TANF cash assistance is closed for reasons other than those listed in (A) of this paragraph and the companion SSP case, which is the primary food benefit case, remains open.
(2) Reported changes during the TFB certification period.The household is not required to report changes timely while receiving TFB.If there is an application for TANF while in TFB status, at certification of the TANF cash assistance, food benefits are converted to Simplified Food Stamp Program (SFSP) as long as all household members are receiving cash assistance.g 56
(3) Notifications.The TANF applicant is given a copy of the signed and dated Form FSS-1, Comprehensive Application and Review, which informs the applicant food benefit eligibility is determined using information contained in Form FSS-1.Notification of eligibility is required at certification and any time the food benefit amount changes.The notice is computer-generated.g 67
INSTRUCTIONS TO STAFF 340:50-11-27
Revised 10-1-07
1.If at the time of the Temporary Assistance for Needy Families (TANF) review the household remains eligible for TANF and food benefits, the worker completes an application for food benefits. The Food Stamp tab in Family Assistance/Client Services (FACS) is updated by the worker to show a new food benefit application.Then the new certification is processed with a "1" action rather than a "c" change.
12.The food benefits are closed by the computer when the Temporary Assistance for Needy Families (TANF) TANF cash assistance is closed for the reasons listed in (1) through (4) of this Instructions to Staff (ITS).The worker closes the food benefits for the reason listed in (5) of this ITS, or if the payee is disqualified for food benefits for due to an intentional program violation (IPV).The reason codes from OKDHS Appendix U, Reasons for Negative Case Actions, are:
(1) death (01);
(2) TANF extension – failed or refused to meet TANF work requirement (29B);
(3) moved out of state (42);
(4) failed or refused to meet TANF Work requirements (52A or 52B); or
(5) client requests closure of TANF and food benefits (46A, 46B, or 46C).
23.When the client requests closure of the TANF benefits, the worker must ask if he or she wants to receive the food benefits.If the client wants to continue receiving the food benefits, the worker must update the Food Stamp Tab in Family Assistance/Client Services (FACS) FACS."T" is entered in the Action Type block and the effective date of the TANF closure is entered in the Effective Date block.The computer automatically updates the case for transitional food benefits (TFB).
34.(a) The food benefits are converted by the computer, to TFB when the TANF cash assistance is closed for reasons other than those listed in ITS 1 of this Section.The computer updates the TFB certification period to three months for the next effective date and updates the Action Type block with T to indicate TFB.
(b) Income Countable income other than TANF cash assistance received prior to the month of closure continues to be considered in the TFB calculation for the duration of the TFB period.Any new income the client reports which causes the TANF cash assistance to be closed is automatically omitted by the computer to determine the TFB allotment.Examples of this calculation are when a client receiving TANF cash assistance who:
(1) has no income and requests closure of the TANF benefit.
(A) The TFB allotment is based on zero income as the TANF benefit is removed effective the date the TANF benefit is closed.
(B) The worker updates FACS Case Notes are updated to document the reason for the closure;
(2) has earned or unearned income considered against the TANF benefits and reports an increase in the income making him or her that makes the client ineligible for TANF.
(A) The computer removes the TANF benefit is removed and only the income considered prior to the closure of the TANF benefit is used to determine the TFB.
(B) The worker updates the increased income amount is updated on in FACS for the TANF benefit closure and FACS Case Notes are updated to document the reason for closure.
(C) The increased income is not considered in determining TFB;
(3) obtains employment and reports earnings in excess of the TANF benefit and Food Stamp Program (FSP) food benefit income guidelines.
(A) The worker updates the income is updated in FACS, and closes the TANF benefit is closed.,
(B) and updates FACS Case Notes are updated to document the reason for closure.
(CB) The TANF benefit is automatically omitted by the computer and the TFB is based on zero income.The new income is not used in the calculation of the TFB; or
(4) reports obtaining unearned income in excess of the TANF and FSP food benefit income guidelines.
(A) The worker updates the income is updated in FACS, and closes the TANF benefit is closed., and updates FACS Case Notes are updated to document the reason for closure.
(B) The TANF benefit is automatically omitted by the computer and the TFB is based on zero income.
(C) The new income is not used in the calculation of the TFB.
45.The worker enters C in the action taken field in FACS.The C code allows the computer to determine the length of the Non-Public Assistance (non-PA) certification period.
(1) The certification length is changed to 12 months if the food benefits are in the first through tenth month of certification.
(2) If the certification is in the 11th or 12th month, the certification length is changed to 14 months to ensure the client will receive Form FSP 36 08FB036E, Notice of Expiration of Eligibility.
56.During the three month TFB period, the TFB changes only when the client requests closure of the TFB and reapplies for food benefits or a household member leaves the home and applies for food benefits in another household.
(1) The worker explains the option to remain on TFB or to reapply for food benefits is explained to the client.
(2) The worker encourages the client to remain on TFB if it results in higher benefits.
(3) FACS and FACS Case Notes are updated and TFB is not affected when the client reports:
(A) a new household member.
(i) The worker documents the information regarding the new household member in FACS case notes Case Notes.
(ii) The new household member is not added to the food benefits until the TFB period has ended;
(B) income exceeding 130% of the poverty level as shown on OKDHS Appendix C-3, Maximum Food Stamp Allotments and Standards for Deductions, Income, and Utilities; or
(C) a household member has left the home and has not applied for food benefits in another household.
67.(a) See OKDHS Appendix B-2, Deadlines for Case Actions.
(b) See OAC 340:65-5-1 for notification requirements.
