COMMENT DUE DATE:
February 2, 2010
DATE:
January 20, 2010
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-26
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Language previously approved under the emergency rulemaking process is highlighted in Turquoise.
CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 through 340:10-2-2 [AMENDED]
OAC 340:10-2-4 [AMENDED]
OAC 340:10-2-7 [INSTRUCTIONS TO STAFF REVISED]
OAC 340:10-2-8 [AMENDED
Subchapter 3. Conditions of Eligibility – Need
Part 1. Resources
OAC 340:10-3-5 through 340:10-3-6 [AMENDED]
OAC 340:10-3-9 [INSTRUCTIONS TO STAFF REVISED]
Part 3. Income
OAC 340:10-3-31 [AMENDED]
OAC 340:10-3-33 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-58 [AMENDED]
Subchapter 9. Conditions of Eligibility – Relationship of Payee to Child
OAC 340:10-9-1 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-1 [AMENDED]
OAC 340:10-10-3 [AMENDED]
Subchapter 20. Diversion Assistance
OAC 340:10-20-1 [AMENDED]
(Reference APA WF 09-26)
SUMMARY:The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) clarify deprivation when both parents are ineligible aliens; (2) update information about the Work Opportunity Tax Credit; (3) update language to current terminology; (4) clarify that payment of flex funds are allowed as long as the service was rendered after application or request for flex funds; and (5) add clarifying language.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules to: (1) update language to current terminology; (2) clarify definition of exempt vehicles; (3) increase the allowable exclusion of a combination of irrevocable burial contracts, revocable prepaid burial contract, and cash value of life insurance; (4) explain that applicants are eligible to receive the same standard deduction for work related expenses as recipients; and (5) clarify how income is determined; and (6) add clarifying language.
The proposed revisions to Subchapter 9 of Chapter 10 clarify: (1) relation by marriage; and (2) verification of relationship.
The proposed revisions to Subchapter 10 of Chapter 10: (1) clarify which deprivation factors apply to one or two parent households; (2) clarify when both parents are ineligible aliens, the family does not qualify as a two parent family; and (3) specify what happens when the primary wage earner is not able to participate in TANF Work activities after certification.
The proposed revisions to Subchapter 20 of Chapter 10 clarify that a stepparent may be included in the diversion assistance benefit.
OAC 340:10-2-1 is revised to clarify deprivation when both parents are ineligible aliens.
OAC 340:10-2-2 and 340:10-3-31 are revised to update language to current terminology; and (2) add clarifying language.
OAC 340:10-2-4 is revised to update information about the Work Opportunity Tax Credit (WOTC).
OAC 340:10-2-7 Instructions to staff revised to add clarifying language that the first twelve months spent in vocational training as part of the employability plan may count as core hours.
OAC 340:10-2-8 is revised to clarify that payment of flex funds are allowed as long as the service was rendered after application or request for flex funds.
OAC 340:10-3-5 is revised to:(1) clarify definition of exempt vehicles to include motorcycles; (2) increase the allowable exclusion of a combination of irrevocable burial contracts, revocable prepaid burial contract, and cash value of life insurance; and (3) add clarifying language.
OAC 340:10-3-6 is revised to update language to current terminology.
OAC 340:10-3-9 Instructions to staff is revised to: (1) update language to current terminology; and (2) correct policy cites.
OAC 340:10-3-33 is revised to: (1) clarify that applicants are eligible to receive the same standard deduction for work related expenses as recipients.
OAC 340:10-3-58 is revised to clarify how income is determined.
OAC 340:10-9-1 is revised to clarify: (1) relation by marriage; and (2) verification of relationship.
OAC 340:10-10-1 is revised to clarify which deprivation factors apply to one or two parent households.
OAC 340:10-10-3 is revised to: (1) clarify when both parents are ineligible aliens, the family does not qualify as a two parent family; and (2) specify what happens when the primary wage earner is not able to participate in TANF Work activities after certification.
OAC 340:10-20-1 is revised to clarify that a stepparent may be included in the diversion assistance benefit.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 165, 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).
State of Oklahoma
DEPARTMENT OF HUMAN SERVICES
RULE IMPACT STATEMENT
TO:Programs Administrator
Policy Management Unit
FROM:Mary Stalnaker, Director
Family Support Services Division
DATE:January 16, 2010
RE:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 through 340:10-2-2 [AMENDED]
OAC 340:10-2-4 [AMENDED]
OAC 340:10-2-8 [AMENDED
Subchapter 3. Conditions of Eligibility – Need
Part 1. Resources
OAC 340:10-3-5 through 340:10-3-6 [AMENDED]
Part 3. Income
OAC 340:10-3-31 [AMENDED]
OAC 340:10-3-33 [AMENDED]
Part 5. Assistance Payments
OAC 340:10-3-58 [AMENDED]
Subchapter 9. Conditions of Eligibility – Relationship of Payee to Child
OAC 340:10-9-1 [AMENDED]
Subchapter 10. Conditions of Eligibility – Deprivation
OAC 340:10-10-1 [AMENDED]
OAC 340:10-10-3 [AMENDED]
Subchapter 20. Diversion Assistance
OAC 340:10-20-1 [AMENDED]
(Reference APA WF 09-26)
CONTACT:Laura Brown, Telephone: 405-521-4396
A.Brief description of the purpose of the proposed rule.
PURPOSE: The proposed revisions to Subchapter 2 of Chapter 10 amend the rules to: (1) clarify deprivation when both parents are ineligible aliens; (2) update information about the Work Opportunity Tax Credit; (3) update language to current terminology; (4) clarify that payment of flex funds are allowed as long as the service was rendered after application or request for flex funds; and (5) add clarifying language.
The proposed revisions to Subchapter 3 of Chapter 10 amend the rules to: (1) update language to current terminology; (2) clarify definition of exempt vehicles; (3) increase the allowable exclusion of a combination of irrevocable burial contracts, revocable prepaid burial contract, and cash value of life insurance; (4) explain that applicants are eligible to receive the same standard deduction for work related expenses as recipients; and (5) clarify how income is determined; and (6) add clarifying language.
The proposed revisions to Subchapter 9 of Chapter 10 clarify: (1) relation by marriage; and (2) verification of relationship.
The proposed revisions to Subchapter 10 of Chapter 10: (1) clarify which deprivation factors apply to one or two parent households; (2) clarify when both parents are ineligible aliens, the family does not qualify as a two parent family; and (3) specify what happens when the primary wage earner is not able to participate in TANF Work activities after certification.
The proposed revisions to Subchapter 20 of Chapter 10 clarify that a stepparent may be included in the diversion assistance benefit.
STRATEGIC PLAN IMPACT:The proposed rules support Oklahoma Department of Human Services mission to administer public resources in a fiscally responsible and ethical manner.
SUBSTANTIVE CHANGES:
OAC 340:10-2-1 is revised to clarify deprivation when both parents are ineligible aliens.
OAC 340:10-2-2 and 340:10-3-31 are revised to update language to current terminology; and (2) add clarifying language.
OAC 340:10-2-4 is revised to update information about the Work Opportunity Tax Credit (WOTC).
OAC 340:10-2-8 is revised to clarify that payment of flex funds are allowed as long as the service was rendered after application or request for flex funds.
OAC 340:10-3-5 is revised to:(1) clarify definition of exempt vehicles to include motorcycles; (2) increase the allowable exclusion of a combination of irrevocable burial contracts, revocable prepaid burial contract, and cash value of life insurance; and (3) add clarifying language.
OAC 340:10-3-6 is revised to update language to current terminology.
OAC 340:10-3-33 is revised to: (1) clarify that applicants are eligible to receive the same standard deduction for work related expenses as recipients.
OAC 340:10-3-58 is revised to clarify how income is determined.
OAC 340:10-9-1 is revised to clarify: (1) relation by marriage; and (2) verification of relationship.
OAC 340:10-10-1 is revised to clarify which deprivation factors apply to one or two parent households.
OAC 340:10-10-3 is revised to: (1) clarify when both parents are ineligible aliens, the family does not qualify as a two parent family; and (2) specify what happens when the primary wage earner is not able to participate in TANF Work activities after certification.
OAC 340:10-20-1 is revised to clarify that a stepparent may be included in the diversion assistance benefit.
REASONS:The proposed rules will better reflect current interpretation of TANF Work activities under the Deficit Reduction Act of 2005 and to provide staff with clear and concise rules to facilitate the accurate delivery of benefits.The increase in the allowable exclusion of a combination of irrevocable burial contracts, revocable prepaid burial contract, and cash value of life insurance is made as a result of a change in state statute.
REPERCUSSIONS:The proposed rules will make policy easier to understand for both OKDHS staff and the public.If the proposed revisions are not implemented staff may not properly process and maintain cases which could cause clients to receive an incorrect level of benefits and may cause errors if cases are audited.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 165, 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).
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 TANF applicants and recipients and OKDHS staff.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to benefit from the proposed rules are TANF applicants and recipients and OKDHS 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:The economic impact will be positive for TANF applicants and recipients.
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 willresult in enhanced delivery of services to TANF households.
F.A determination of whether implementation of the proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:There will be no economic impact on any political subdivisions nor will their cooperation be required in implementing or enforcing the rules.
G.A determination of whether implementation of the proposed rule may have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:The proposed rules will not have an adverse effect on small business.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non‑regulatory 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:The implementation of the proposed rules should have a positive effect on the public health, safety, and environment by facilitating the delivery of benefits and services to individuals who are in need.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rules are not implemented, families with children could be adversely affected if benefits are incorrectly processed.
K.The date the rule impact statement was prepared and if modified, the date modified:Prepared December 3, 2009.Modified December 10, 2009
