COMMENT DUE DATE:
July 29, 2008
DATE:
July 22, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
Non-APA WF 08-N
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 08-1-08.
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3. Conditions of Eligibility – Need
Part 5. Assistance Payments
OAC 340:10-3-56 [Instructions to Staff only Revised]
SUMMARY:
340:10-3-56 Instructions to Staff are revised to add clarifying information to: (1) add examples of blood-related children who are not eligible for Temporary Assistance for Needy Families (TANF); (2) better explain the worker's responsibility to discuss and request a hardship extension when the client is nearing or has reached the 60 month time limit to receive TANF benefits; (3) include the policy citation for alien income calculation; and (4) explain who is considered a recipient when a child is born ten months or more after receipt of cash assistance.
SUBCHAPTER 3. CONDITIONS OF ELIGIBILITY - NEED
PART 5. ASSISTANCE PAYMENTS
340:10-3-56. Structure of the assistance unit
Revised 6-1-06
(a) The structure of the assistance unit is defined in this Section.
(1) Individuals whose needs must be included in the assistance unit, unless otherwise excluded in accordance with paragraph (3) of this subsection, are:¢ 1
(A) at least one Temporary Assistance for Needy Families (TANF) eligible child;
(B) the natural or adoptive parent(s); and
(C) all blood-related minor siblings living in the home with the TANF eligible child(ren), including half brothers and half sisters unless eligibility for the half brothers and half sisters does not exist.¢ 2 & 3This does not apply to siblings of a minor parent when the minor parent is the adult in the assistance unit.
(2) Individuals whose needs may be included are:
(A) the caretaker relative-payee other than the natural or adoptive parent(s) with whom the child(ren) resides, if this individual meets the definition of needy and is of the specified degree of relationship.A caretaker other than stepparent may be included in the assistance unit only when the natural or adoptive parent(s) is absent from the home.A stepparent may be included in the assistance unit when the natural or adoptive parent(s) is incapacitated or absent;
(B) the caretaker relative or the natural or adoptive parent when the only dependent child(ren) residing in the home:
(i) receives Supplemental Security Income (SSI); or
(ii) has been removed from the home by a child protection action and the plan for the child(ren) is impending reunification;¢ 43
(C) the caretaker relative when the only child(ren) in the home receives federal or state foster care maintenance payments;
(D) the natural parent(s) when the only child(ren) in the home received benefits in the form of a voucher and has been removed from the cash benefit as a result of attaining 36 months of age;
(E) the adoptive parent(s) when the only dependent child(ren) receives a Title IV‑E or state adoption subsidy; or
(F) a family that includes any head of household or a spouse of the head of household who has received TANF benefits for a total of 60 cumulative months nationwide, whether or not consecutive, and a hardship extension is approved.¢ 54All other conditions of TANF eligibility must be met.The hardship extensions are:¢ 6
(i) under-employment.The participant is regularly working 30 hours or more per week and earning at least minimum wage or its equivalent, but the net income of the assistance unit is insufficient to close the TANF cash assistance;
(ii) chronically under-employed.The participant is under-employed over an extended period of time as a result of documented barriers;¢ 75
(iii) pending SSI or Social Security Administration (SSA) disability application.This extension is granted only if the Oklahoma Department of Human Services (OKDHS) determines the disability application has merit and the participant pursues all appeals through a decision by the SSA Appeals Council.¢ 86If an unfavorable decision is received from the SSA Appeals Council during the time period the participant is approved for a hardship extension, Family Support Services Division (FSSD), TANF Section, is notified and the TANF benefit is closed the next effective date;¢ 97
(iv) care of a disabled child(ren) or spouse.The participant is responsible for the care of a disabled child(ren) or spouse.This extension is granted only when verification has been provided to show the participant is needed in the home to care for this disabled individual and there is no alternative care available;¢ 108
(v) a clinical diagnosis of mental illness.The participant must be diagnosed with and receiving treatment for a mental disorder listed at Part 404, Subpart P, Appendix 1 of Title 20 of the Code of Federal Regulations.¢ 119This illness must interfere with the participant maintaining or obtaining gainful employment.If appropriate, the participant must participate in other work activities in conjunction with receiving treatment;
(vi) a substance abuse treatment plan.The participant has a treatment plan level of care which requires intensive aftercare treatment of nine hours or more per week in conjunction with other appropriate work activities, or outpatient treatment of nine hours or more per week in conjunction with other appropriate work activities, or is in full-time inpatient treatment; or¢ 1210
(vii) a continuing training or educational activity.The participant, during the 60th month, is regularly attending an approved training or educational activity which will be completed in less than 12 months.
(3) Individuals whose needs may not be included are:
(A) an individual who has received a State Supplemental Payment (SSP) for the same month;
(B) an individual who has received or is included in an SSI payment for the same month;¢ 1311
(C) the spouse of the payee if the payee is not the natural or adoptive parent;
(D) a child(ren) who is receiving foster care;
(E) an adopted child(ren) receiving an adoption subsidy;
(F) an alien who is not legally admitted to the United States (US) for permanent residence or does not meet alienage requirements;¢ 1412
(G) a caretaker other than a stepparent when the natural or adoptive parent is in the home;
(H) an individual whose period of ineligibility due to receipt of a lump sum payment has not expired;
(I) a stepparent when the natural or adoptive parent is in the home and not incapacitated;
(J) an individual in a household that is eligible to receive benefits under a tribal TANF program;¢ 1513
(K) a child(ren) born to a recipient after ten months from the date of application. ¢ 14Any such child(ren) is not eligible for the parent to receive cash benefits but is eligible for the parent to receive a non-cash voucher in the incremental amount the cash benefits would have been increased had the child(ren) been eligible for cash benefits.This voucher is issued for items of necessity for newborns until the age of 36 months.¢ 1615If a recipient gives birth to an additional child(ren) during the period in which the family is eligible for benefits or during a temporary penalty period of ineligibility, the increase in the amount of benefits is issued as a voucher.A child(ren) born within ten months of application is not considered an additional child(ren) for this provision.The first child(ren) born after ten months from the date of application to a minor child(ren) of an applicant or a recipient family is not considered an additional child(ren) for this provision and is added to the cash payment.Any subsequent child(ren) born to a minor child(ren) is added for voucher benefits;¢ 17
(L) a fugitive felon;¢ 1816
(M) a probation and/or parole violator;
(N) an individual convicted of having fraudulently misrepresented residence in order to obtain assistance in more than one state.The individual is ineligible for a ten year period that begins on the date of conviction;
(O) a family that includes any head of household or a spouse of the head of household who has received TANF benefits for a total of 60 cumulative months, whether or not consecutive, and a hardship extension is not approved; or¢ 1917
(P) a minor unmarried payee who has a dependent child(ren) in the minor's care and does not reside with a parent(s), legal guardian, or other adult relative age 18 or older.For the minor payee to be eligible for TANF benefits, the minor must live with the minor's natural or adoptive parent(s) or a stepparent, legal guardian, or other adult relative age 18 or older, or live in a foster home, maternity home, or other supportive living arrangement supervised by an adult.A supportive living arrangement is where a private family setting is maintained and an adult assumes the responsibility for the care and control of the minor and the minor's dependent child(ren) or provides supportive services such as counseling and guidance.The minor payee can reside elsewhere and be eligible for TANF if good cause is established because the:
(i) minor has no living parent or legal guardian whose whereabouts are known;
(ii) parent(s), legal guardian, or other adult relative does not allow the minor to live in the home;
(iii) physical or emotional health or safety of the minor or the minor's dependent child(ren) is jeopardized if the minor or the minor's dependent child(ren) lives in the home with the parent(s), legal guardian, or other adult relative age 18 or older;
(iv) minor parent has lived apart from the minor's parent(s), legal guardian, or other adult relative age 18 or older, for at least one year before the birth of any dependent child(ren), or before the minor applied for benefits; or
(v) minor parent is legally emancipated pursuant to Chapter 4, Title 10 of the Oklahoma Statutes.A minor is legally emancipated when the district court must have granted the minor the authority to act on the minor's own behalf.
(b) In general, when an individual whose needs are included in a TANF assistance unit is temporarily absent from the home for the purpose of receiving training or education for employment, or certain medical services, he or she is considered part of the family and the budgetary requirements are not changed unless needs change by reason of circumstances unrelated to the temporary absence.Individuals temporarily absent from the home but included in the assistance unit are:¢ 2018
(1) an individual receiving training or education for employment during the period of time the training or educational activities are taking place;
(2) a child(ren) attending boarding school during the school term;
(3) a child(ren) absent from the home on visitation to the absent parent up to a maximum of three months.This consideration applies only to visitation and does not apply if the absent parent has physical and legal custody of the child(ren) during these three months;
(4) a child(ren) absent in order to attend school, other than boarding school.Factors considered in making this determination include the maintenance of normal ties between home and the child(ren) during the period of absence; whether the child(ren) continues under the control and guidance of the payee during the absence; and assumption of responsibility by the relative-payee for meeting thechild(ren)'s expenses during the school term.A child(ren) who attends the School for the Blind or the School for the Deaf is considered temporarily absent from the home in determining TANF eligibility;¢ 2119
(5) an individual absent from the home because of entrance into a private facility for counseling, rehabilitation, behavioral problems, or special training.If an assessment indicates care is projected for a period exceeding four months, the absence is not considered temporary.At any time an absence is determined as not temporary or no longer temporary, the needs of the individual cannot be included in the assistance unit;
(6) an individual absent from the home for medical services, other than institutionalization for treatment of mental illness, mental retardation, or tuberculosis, for up to six months.Six-month extensions may be allowed when verification indicates the individual may return to the home within the next six months;
(7) an individual absent from the home to receive substance abuse treatment for up to four months.A four-month extension may be allowed when verification indicates the individual will return to the home within the next four months; or
(8) an individual absent from the home to receive nursing care approved by the Oklahoma Health Care Authority, Level of Care Evaluation Unit.If it appears that the individual is disabled, an application for State Supplemental Payment is taken and a referral made to the SSA district office for an SSI application.
(c) A change in benefit is not made during a temporary absence from Oklahoma for three months or less, unless a change is necessary by reason of some change in circumstances not relating to such absence from Oklahoma.
INSTRUCTIONS TO STAFF 340:10-3-56
Revised 08-01-08
1.When a person is required to be included in two or more assistance units in the same household, the assistance units must be combined, and the case records consolidated.
2.(a) A child(ren) in common may not be included when deprivation cannot be established for the child(ren) because neither the natural or adoptive parent is disabled or incapacitated and neither parent can meet a work history requirement.In this situation, it is a stepparent case with only the adult and his or her child(ren) by a prior relationship included in the assistance unit.
3.(b) A child(ren) of the proper degree of relationship to the adult in the home who is not a blood-related sibling to the child(ren) in the assistance unit remains in his or her own case if one exists or a new application is taken.Refer to OAC 340:10-3-59(b).
(c) A blood-related minor sibling that receives Supplemental Security Income (SSI) or an ineligible alien blood-related sibling may not be included in the Temporary Assistance for Needy Families (TANF) benefit.
43.This provision applies to active Temporary Assistance for Needy Families (TANF) benefits only.Refer to OAC 340:10-3-57(ji) for more information about impending reunification.Impending reunification is the anticipated return of the child(ren) to the home within four months.
54.(a) Refer to In accordance with OAC 340:10-1-4 and OAC 340:10-7-1 a client is restricted to a lifetime limit of 60 months of TANF unless a hardship extension is approved.When In accordance with OAC 340:10-7-1, when a client person applying for TANF reports moving to Oklahoma from another state, the worker must contact with that state is required to determine concurrent receipt of TANF and the number of months of TANF received in that state.Form FSS-TANF-5 08TA005E, Out-of-State TANF Benefits, can be used to verify the number of months of out-of-state TANF receipt.
(1) If it is determined the client When a person applying for TANF has received 60 months or more of TANF benefits, whether in Oklahoma or out-of-state, no the worker discusses Part I of Form 08TW024E, Extension Request for Temporary Assistance for Needy Families (TANF), with the applicant along with other factors of eligibility during a face-to-face interview.
(2) When the client meets all other factors of eligibility and requests a hardship extension, the worker and applicant complete and sign Part I of Form 08TW024E at the face-to-face interview.No action is taken on the application until a request for a hardship extension is completed and approved decision is made regarding the extension request.
(A) The worker gathers information to determine whether the applicant meets hardship criteria shown on Form 08TW024E and verification of the number of months of previous TANF receipt.
(B) When additional documentation is needed to support the hardship request, the worker gives the applicant Form 08AD092E, Client Contact and Information Request, requesting needed documentation.
(C) The worker documents the interview and reasons why a hardship extension is requested in Family Assistance/Client Services (FACS) Case Notes.
(D) The worker sends Form 08TW024E to the Family Support Services Division (FSSD) TANF Section, along with the case record and all supporting documentation received, to request a hardship extension decision.It is the responsibility of the worker to ensure all assessments, diagnostic tests, and verifications are documented in the case record prior to sending it to FSSD TANF Section.
(2) If the client declines a hardship extension, the TANF application is denied.
(3) When the months and years of out-of-state TANF receipt are verified after the other case information has already been sent, the worker faxes this information is faxed to the Family Support Services Division (FSSD), TANF Section or e-mailed e-mails it to TANF@OKDHS.org.
(E) The FSSD TANF Section staff reviews all documentation provided, completes Part II of Form 08TW024E showing whether the hardship extension request was approved or disapproved, and returns the case record and all documentation to the worker.
(i) If the request is approved, Form 08TW024E shows when the extension request must be reviewed.The worker enters an ET&E authorization in FACS using the appropriate TANF Work extension component to designate the reason for the extension and enters the review date shown on Form 08TW024E.If the approval is based on an agreement for the client to participate in a work activity, the worker must open an appropriate authorization for that activity to track hours of participation and to pay the client a participation allowance.
(ii) If the request is disapproved, the worker denies the application using code 29A "TANF extension not approved - receipt of TANF benefits for 60 months."
(3) When the applicant marks on Form 08TW024E that an extension is not requested, the worker submits Form 08TW024E to the FSSD TANF Section and denies the application using code 29 "TANF extension not requested – receipt of TANF benefits for 60 months."FSSD TANF Section staff reviews Form 08TW024E and returns it to the worker with Part II completed showing that no request for an extension was received.
(b) When the TANF benefit is active at the time Form TW-24, Extension Request for Temporary Assistance for Needy Families, is signed, and the client is approaching the 60 month time limit, the system sends an automatic notice in the 57th month of benefit receipt.The notice advises the client to contact the worker as benefits are ending soon.The worker's CWA Report 57 lists all cases where TANF clients are within 90 calendar days of the 60 month time limit.When a case appears on the worker's CWA, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request a hardship extension request.
(1) When the client participates in a face-to-face interview and requests an extension, the worker follows the same procedures outlined in (a)(2) of this Instruction.the The TANF benefit remains active until a decision is made by the FSSD, TANF Section.
(2) When the client fails to respond to the interview request or marks on Form 08TW024E that an extension request is not requested, the worker closes the TANF benefit for the next effective date and follows the same procedures outlined in (a)(3) of this Instruction.If the client requests a fair hearing during the ten-day period following the issuance of the adverse notice, the benefit can remain open until a decision is made by the Appeals Unit.Refer to OAC 340:65-5-1.
(A) When the client requests TANF within 30 calendar days from the effective date of closure, the worker and client complete and sign Part I of Form 08TW024E at a face-to-face interview.The worker follows the same procedures outlined in (a)(2) of this Instruction.
(B) The date of the client's signature on Form 08TW024E is used as the application date of the hardship extension request.No action is taken on the hardship extension request until a decision is reached by the FSSD TANF Section.
(i) If the hardship request is approved, the worker reopens the TANF benefit using the appropriate administrative reopening code.
(ii) If the hardship extension request is disapproved, the worker denies the TANF request using code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(3) When the client requests an extension and it is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(4) When the hardship extension request is requested and disapproved, the or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.The worker is notified to close the TANF benefit with the appropriate closure code the next effective date.If the client requests a fair hearing during the ten-day period following the issuance of the adverse notice, the benefit can remain open until a decision is made by the Appeals Unit.Refer to OAC 340:65-5-1.makes a home visit to determine the family's circumstances and offers any appropriate services.The worker documents the interview and current family circumstances in FACS Case Notes.
(c) When the TANF benefit has closed as a result of reaching the 60-month time limit and the client requests TANF within 30 days from the effective date of closure, Form TW-24 must be completed.The date of the client's signature or the stamp-in date, if mailed, on Form TW-24 is used as the application date of the request.No action is taken on the TANF application until a decision is made by FSSD, TANF Section.
(1) If the TANF benefit is approved, the worker is notified to reopen the TANF benefit using the appropriate administrative error code.
(2) If the request is disapproved, the worker is notified to deny the TANF application.
(d) When the client requests TANF more than 30 days from the effective date of closure and the closure was for a reason other than reaching 60 months or closes after being approved for a hardship extension and does not meet the situation described in Instructions to Staff (ITS) 6(d) of this instruction, a new Form FSS-1, Comprehensive Application and Review, and Form TW-24 are completed.Form TW-24, all supporting documentation, and the case record are mailed to FSSD, TANF Section.
(1) If the request is approved, the worker is notified to certify the TANF benefit if all other factors of eligibility are met.
(2) If the request is disapproved, the worker is notified to deny the TANF benefit using the appropriate denial code.
(e) When an extension is approved, the worker enters an ET&E authorization on Family Assistance/Client Services (FACS) using the appropriate TANF Work component to designate the reason for the extension.The authorization review date is entered to agree with the review date as shown on Form TW-24, Part II.In the month of the review, Form TW-25, Extension Review/Disposition, Part I, is completed, signed, and dated by the participant and worker and routed to FSSD, TANF Section for consideration.FSSD, TANF Section notifies the worker by Form TW-25, Part II, to either update the authorization review date to continue an extension or to close the benefit.
(c) When the FSSD TANF Section approves the hardship extension request and the reason for the extension changes during the extension period, the worker and client complete and sign a new Part I of Form 08TW024E.The worker sends the extension request with supporting documentation and the active case record to the FSSDTANF Section for a decision.
(1) If the new request is approved, the worker closes the ET&E authorization with the previously approved TANF Work extension component and enters a new ET&E authorization with the new TANF Work extension component and the new review date.
(2) If the new request is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."
(d) When the client's hardship extension approval time frame is completed, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request an additional hardship extension.
(1) If the client requests an additional extension, the worker and client complete and sign Part I of Form 08TW025E, Extension Review/Disposition.The worker gives Form 08AD092E to the client when additional supporting documentation is needed.The worker sends Form 08TW025E, any supporting documentation, and the active case record to the FSSD TANF Section for a decision.FSSD TANF staff reviews the request and completes Part II of Form 08TW025E approving or disapproving the request and sends back to the worker this form and all information submitted.
(A) If the continued extension is approved, the worker updates the ET&E authorization to show the new review date for the TANF Work extension component and makes updates as needed to any open ET&E authorizations to track hours of participation.
(B) If the extension request is disapproved, the worker closes the TANF benefit for the next effective date using the code 29C "receipt of 60 months of TANF.Extension time frame completed."
(2) When the client fails to respond to the interview request or marks on Form 08TW025E that a continued extension request is not requested, the worker closes the TANF benefit for the next effective date using code 29C "receipt of 60 months of TANF.Extension time frame completed."
(3) When a hardship extension was requested and disapproved or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.The worker makes a home visit to determine the family's circumstances and offers any appropriate services.The worker documents the interview and current family circumstances in FACS Case Notes.
(e) When a hardship extension request is approved and the client fails, without good cause as described at OAC 340:10-2-2, to follow through with the employment plan as authorized by the extension approval, the worker closes the TANF benefit for the next effective month using code 29B "TANF extension – failed or refused to meet TANF work requirements" and notifies the FSSD TANF Section by e-mail.
(1) When there has been no contact with the person within 30 calendar days after the effective date of closure, the worker makes a home visit to determine the family's circumstances and offers appropriate services.
(2) Persons who agree to participate within 60 calendar days of the date of the benefit termination may have their benefit recertified on reconsideration of the administrative action.The effective date of the recertification is dependent upon the successful participation of the person in an assigned work activity and the circumstances of the case.The FACS Case Notes and Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7, must document any requirement placed on the person prior to the recertification of the case.
(3) If the review of the hardship extension falls during the 60 calendar day time frame and the TANF benefit is reopened, a new Form 08TW025E must be completed and signed by the worker and client at the face-to-face interview.Form 08AD092E is given to the client when additional supporting documentation is needed.The worker sends the request with supporting documentation to the FSSD TANF Section for a decision.
(4) If the review of the hardship extension is due after this 60 calendar day time frame and the TANF benefit is reopened, the original review time frame and procedures are followed.Refer to OAC 340:10-2-2 Instructions to Staff (ITS) 5(2) for consideration of Food Stamp Penalty Income (FSPI) and ITS 6 for good cause reasons.
(f) When the client requests TANF more than 30 calendar days from the effective date of closure and the closure was for a reason other than reaching 60 months or closes after being approved for a hardship extension and does not meet the situation described in (e) of this Instruction, a new application and Form 08TW024E are completed and signed by the worker and client at the face-to-face interview.The worker follows the same procedures outlined in (a)(2) of this Instruction.
(g) When the worker closes the TANF benefit on failure to cooperate with TANF Work between the 57th and 60th calendar month of receipt of TANF benefits and the client requests to have the TANF benefit reopened, in addition to updating Form 08TW002E the worker and client complete and sign Part I of Form 08TW024E at the face-to-face interview.The worker follows the same procedures at (a)(2) of this Instruction.FSSD TANF staff wait to make a decision on this request until benefits are reopened.
(h) When the client has received 60 months of TANF benefits and benefits closed due to failure to cooperate with TANF Work (52A) rather than 29A "TANF extension not approved – receipt of TANF benefits for 60 months," and the client requests an extension within 60 calendar days of closure, a new application form is not required.Part I of Form 08TW024E and Form 08TW002E are completed and signed by worker and client at face-to-face interview.The worker follows the same procedures at (a)(2).The TANF benefit remains closed until the client is cooperating in a new TANF Work plan and the hardship extension approval is received by worker.
6.(a) The worker is required to have a face-to-face contact with each participant to complete Form TW-24, Part I.
(1) When Form TW-24, Part I, is completed and an extension is requested by the participant, it is the responsibility of the worker to assure all assessments, diagnostic tests, and verifications are documented in the case record prior to the request for an extension.
(A) The worker sends the request, with all appropriate information, to FSSD with the case record.
(B) Based on the documentation and information provided, FSSD notifies the worker of the decision and, if approved, the period of time for the extension.
(2) When Form TW-24, Part I, is completed and no extension is requested, it is the responsibility of the worker to submit Form TW-24 to FSSD for review and close the benefit the appropriate month.
(b) If the extension is not approved, FSSD notifies the worker to close the benefit.The worker, 30 days after the effective date of closure, makes a home visit to determine the family's circumstances and offers the appropriate services.
(c) If the reason for the extension changes, the worker is required to have a new Form TW-24, Part I, completed.The worker sends the request with the active case record to FSSD for a decision.The procedures described in ITS 6(a) and (b) are followed.
(d) If the participant fails, without good cause, to follow through with the employment plan as authorized by the extension approval, the worker closes the benefit the next effective month and notifies FSSD, TANF Section, by e‑mail.When there has been no contact with the individual 30 days after the effective date of closure, the worker makes a home visit to determine the family's circumstances and offers appropriate services.Individuals who agree to participate within 60 days of the date of the benefit termination may have their benefit recertified on reconsideration of the administrative action.The effective date of the recertification is dependent upon the successful participation of the individual in an assigned work activity and the circumstances of the case.If the review of the hardship extension falls during this 60-day time frame and the TANF benefit is reopened, a new Form TW-25 must be completed and sent to the TANF Section.If the review of the hardship extension is beyond this 60-day time frame and the TANF benefit is reopened, the original review time frame is followed.Refer to OAC 340:10-2-2 ITS 5(b) for consideration of Food Stamp Penalty Income (FSPI) and ITS 6 for good cause reasons.
(e) If the time frame for the hardship extension approval has been completed and the participant does not request an additional extension, the cash benefit is terminated using the appropriate closure code.If the participant requests an additional extension, refer to procedures in ITS 6 (a) through (c).
75.Barriers can include, but are not limited to, learning disabilities, physical limitations, which can include a high risk pregnancy or late term pregnancy, or mental disorders observed by the Oklahoma Department of Human Services (OKDHS) staff or other community partners.Medical records are not required to document the observed mental disorder.
86.Examples of merit are when the participant has obtained legal representation for his or her Supplemental Security Income (SSI) or Social Security disability application or a determination has been made by the Disability Advocacy Program (DAP). See OAC 340:10-2-8(c)(6).Another example is when the Department of Rehabilitation Services has denied services to a participant because employment is unlikely.
97.The decision by the Social Security Administration Appeals Council to send the request back to the Administrative Law Judge is not an unfavorable decision.
108.The spouse or child(ren) does not have to be receiving disability benefits, however due to physical or mental impairment he or she cannot provide self-care.
119.The mental disorders at Part 404, Subpart P, Appendix 1, of Title 20 of the Code of Federal Regulations are:
(1) Section 12.03 - schizophrenia, paranoia, and other psychotic disorders;
(2) Section 12.04 - depression, manic disorder, or bipolar disorder;
(3) Section 12.06 - anxiety disorder, including post-traumatic stress disorder;
(4) Section 12.07 - somatoform disorder; and
(5) Section 12.08 - personality disorders.
1210.If the required nine hours or more per week of treatment is not available in the community, the participant continues eligible until the appropriate services are provided.
1311.When a recipient is approved for SSI, the removal date is the next effective date.If the initial SSI payment is received prior to the removal date, no overpayment exists.
1412.Refer to OAC 340:10-15-1 regarding alien status.See OAC 340:10-3-57(f)(2) regarding calculation of income.
1513.Refer to OAC 340:10-3-57(d).
14.Recipient includes SSI and ineligible alien mother.
1615.(a) The needs of a child(ren) receiving a TANF voucher benefit are automatically removed from the TANF voucher benefit the month after the child(ren) turns 36 months of age.The Household tab on FACS for the TANF voucher benefit status is automatically updated to "Income and resources are considered for benefit computation.Not included in benefit."This child(ren):
(1) is no longer eligible for a voucher or cash assistance as long as he or she continues to live in the home of his or her natural or adoptive parent(s); and
(2) continues to show on the Household tab as TANF voucher benefit with a benefit status of "Income and resources are considered for the benefit computation.Not included in the benefit," if the case closes and reopens and the cash assistance unit remains the same.
17.(b) The Information Management System transactions F17V, BMU, and CVRP are used to issue, remail, or replace vouchers.
(1) The F17V transaction is used to issue retroactive or supplemental vouchers.To access the F17V transaction, enter F17V space case number.
(2) Vouchers returned to the Finance Division are posted to the county office's human service center's (HSC) BML listing and the county office HSC staff is responsible for remailing or canceling the voucher using the BMU transaction.
(3) The CVRP transaction is used to request replacement of child vouchers for stop payment or expired vouchers.To access the CVRP transaction, enter CVRP and a formatted screen is returned for the worker to complete.
(4) Form ADM-44 10AD044E, Affidavit of Lost or Destroyed Warrant, is used when a recipient states that the vouchers were never received.
1816.Refer to OAC 340:65-1-2(b)(3)(B).
1917.Refer to OAC 340:10-1-4, OAC 340:10-3-56(a)(2)(F) and ITS 5.
2018.The worker is responsible for working with the parent or needy caretaker who is temporarily absent from the home to assure ensure the child(ren) receives the benefits for which he or she is eligible.If the parent or needy caretaker refuses or fails to make the benefit available, the TANF benefit is terminated.
2119.See OAC 340:50-5-2 for food stamp Food Stamp Program policy.
