COMMENT DUE DATE:
March 2, 2010
DATE:
February 9, 2010
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 10-03
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 3 Conditions of Eligibility – Income
Part 3. Income
OAC 340:10-3-40 [AMENDED]
Subchapter 10 Conditions of Eligibility – Deprivation
OAC 340:10-10-5 [AMENDED]
OAC 340:10-10-7 [AMENDED]
Subchapter 15 Conditions of Eligibility – Citizenship and Alienage
340:10-15-1 [AMENDED]
(Reference APA WF 10-03)
SUMMARY:The purpose of the proposed revisions to Subchapters 3, 10 and 15 of Chapter 10:(1) clarify what educational assistance is disregarded as income; (2) update language to current terminology; (3) clarify how child support received in excess of the monthly court ordered amount is considered; (4) clarify how child support received in excess of monthly current ordered support is considered; (4) remove outdated language; and (6) update eligibility for Iraqis and Afghans admitted as special immigrants for Temporary Assistance for Needy Families (TANF) benefits.
340:10-3-40 proposed revisions:(1) clarify what educational assistance is disregarded as income; (2) update language to current terminology; and (3) clarify how child support received in excess of monthly current ordered support is considered.
340:10-10-5 proposed revisions:(1) clarify how child support received in excess of monthly current ordered support is considered; (2) remove outdated language; and (3) update language to current terminology.
340:10-10-7 proposed revisions:(1) clarify how child support received in excess of monthly current ordered support is considered and (2) update language to current terminology.
340:10-15-1 proposed revisions supersede the emergency rule and are revised to update eligibility for Iraqis and Afghans admitted as special immigrants for Temporary Assistance for Needy Families (TANF) benefits.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 7301 of Public Law 109-171, Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009, and Sec 8120 of PL 111-118.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Director
Family Support Services Division
Date:February 17, 2010
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3 Conditions of Eligibility – Income
Part 3. Income
340:10-3-40 [AMENDED]
Subchapter 10 Conditions of Eligibility – Deprivation
340:10-10-5 [AMENDED]
340:10-10-7 [AMENDED]
Subchapter 15 Conditions of Eligibility – Citizenship and Alienage
340:10-15-1 [AMENDED]
(Reference APA WF 10-03)
Contact:Laura Brown, Telephone: 521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The purpose of the proposed revisions to Subchapter 3 of Chapter 10 is to:(1) clarify what educational assistance is disregarded as income; (2) update language to current terminology; and (3) clarify how child support received in excess of the monthly court ordered amount is considered.
The purpose of the proposed revisions to Subchapter 10 of Chapter 10 is to:(1) clarify how child support received in excess of monthly current ordered support is considered; (2) remove outdated language; and (3) update language to current terminology.
The purpose of the proposed revision to Subchapter 15 of Chapter 10 is to update eligibility for Iraqis and Afghans admitted as special immigrants for Temporary Assistance for Needy Families (TANF) benefits.
Strategic Plan impact.The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.
Substantive changes.
OAC 340:10-3-40 is revised to:(1) clarify what educational assistance is disregarded as income; (2) update language to current terminology; and (3) clarify how child support received in excess of monthly current ordered support is considered.
OAC 340:10-10-5 is revised to:(1) clarify how child support received in excess of monthly current ordered support is considered; (2) remove outdated language; and (3) update language to current terminology.
OAC 340:10-10-7 is revised to:(1) clarify how child support received in excess of monthly current ordered support is considered and (2) update language to current terminology.
OAC 340:10-15-1 proposed revisions supersede the emergency rule and are revised to update eligibility for Iraqis and Afghans admitted as special immigrants for Temporary Assistance for Needy Families (TANF) benefits.
Reasons.The proposed rules are being updated to: (1) comply with changes in federal law regarding Iraqis and Afghans in special immigrant status; (2) correspond with a federal option taken by Oklahoma Child Support Services (OCSS) as allowed under the Deficit Reduction Act of 2005 in how to consider child support received by TANF recipients in excess of monthly current court ordered support; and (3) provide staff with clear and concise rules to facilitate the accurate delivery of benefits.
Repercussions. If the proposed rules are not implemented, OKDHS will be out of compliance with federal law and TANF rules will not match OCSS rules regarding consideration of child support for TANF recipients.
Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 7301 of Public Law 109-171, Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009, and Sec 8120 of PL 111-118.
Permanent rulemaking approval is requested.
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:TANF applicants and recipients will be affected.
C.A description of the classes of persons who will benefit from the proposed rule: TANF applicants and recipients will be affected.
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 of printing and distributing the rules is estimated to be less than $10.
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: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 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.
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 nonregulatory 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 promoting family safety and stability.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If these rules are not implemented OKDHS will be out of compliance with federal law and TANF rules will not match OCSS rules regarding consideration of child support for TANF recipients.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared January 19, 2010.Modified February 9, 2010.
SUBCHAPTER 3. CONDITIONS OF ELIGIBILITY – NEED
PART 3. INCOME
340:10-3-40. Income disregards
Revised 6-1-09 7-1-10
Income that is disregarded in determining eligibility for Temporary Assistance for Needy Families (TANF) is:
(1) the food benefit allotment under the Food and Nutrition Act of 2008;
(2) any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(3) education educational assistance including grants, including work study, and scholarships, that are fellowships, educational loans on which payment is deferred, veterans education benefits, and the like if receipt is contingent upon the student regularly attending school and the money received is intended to offset the costs of education and expenses as identified by the institution, school, program, or other grantor.¢ 1If the money is not intended to be a reimbursement and is a gain to the client, it is considered income.¢ 2When the educational assistance is serving the same purpose as TANF cash assistance such as when the client receives a stipend for living expenses, the stipend is countable income.The student's classification as a graduate or undergraduate is not a factor;
(4) loans, regardless of use, if a bona fide debt or obligation to pay can be established.
(A) Criteria to establish a loan as bona fide includes an acknowledgment of obligation to repay or evidence that the loan was from a person or financial institution in the loan business.
(B) If the loan was from a person(s) not in the loan business, the borrower's acknowledgment of obligation to repay, with or without interest, is required to indicate that the loan is bona fide.
(C) If the loan agreement is not written, Form 08AD103E, Loan Verification, must be completed by the borrower attesting that the loan is bona fide and signed by the lender verifying the date and amount of loan.
(D) When copies of written agreements or Form 08AD103E are not available, detailed case documentation must include information that the loan is bona fide and how the debt amount and date of receipt was verified;
(5) Indian payments, which include judgment funds or funds held in trust, distributed per capita by the Secretary of the Interior, Bureau of Indian Affairs (BIA) or distributed by the tribe subject to approval by the Secretary of the Interior.For purposes of this paragraph, per capita is defined as each tribal member receiving an equal amount.
(A) Any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds is disregarded.
(B) Any income from mineral leases or from tribal business investments is disregarded as long as the payments are paid per capita.
(C) Any interest or income derived from the principal or produced by purchases made with the funds after distribution is considered as any other income;
(6) special allowance(s) for school expenses made available upon petition in writing from trust funds of the student;
(7) income from trusts of a child(ren) included in a TANF benefit if it is determined by the worker that funds are to be used for educational purposes for the child(ren).Any court established trust must be examined to determine if the court has restricted the trust for other purposes.The worker must verify at application and redetermination if funds have been withdrawn.¢ 13Any funds withdrawn are treated as lump sum unearned income unless it can be documented the funds were used for the child(ren)'s educational purposes;¢ 24
(8) income from accounts, stocks, and bonds held under the control of a third party if the funds are designated for educational purposes for a child(ren) in a TANF benefit even if the child(ren)'s name is on the account and the third party holder is required to access the funds;
(9) benefits from state and community programs on aging from Title III and Title V. Title III and Title V are under the Older Americans Act (OAA) of 1965 amended by Public Law (P.L.) 100‑175 to become the OAA as amended 2000.Each state and various organizations receive some Title V funds.These organizations include:
(A) Experience Works;
(B) National Council on Aging;
(C) National Council of Senior Citizens;
(D) American Association of Retired Persons (AARP);
(E) United States (US) Forest Service;
(F) National Association for Spanish Speaking Elderly;
(G) National Urban League;
(H) National Council on Black Aging; and
(I) National Council on Indian Aging.
(10) unearned income received by a child(ren) in a TANF benefit, such as a needs based payment, cash assistance, compensation in lieu of wages, or allowance from a program funded by the Workforce Investment Act (WIA) including Job Corps income and WIA earned income received as wages;
(11) payments for supportive services or reimbursement for out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides, or senior companions, and to persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE);
(12) payments to volunteers under the National and Community Service Trust Act of 1993 (NCSTA), unless the gross amount of AmeriCorps*VISTA payments equals or exceeds the state or federal minimum wage, whichever is greater;¢ 35
(13) the value of supplemental food assistance received under the Child Nutrition Act or the special food service program for children under the National School Lunch Act;
(14) any portion of payments, made under the Alaska Native Claims Settlement Act to an Alaska Native, which are exempt from taxation under the Settlement Act;
(15) any income of an adult or child(ren) in the family group living in the home and receiving Supplemental Security Income (SSI) is not considered in determining the TANF benefit.His or her individual income is considered by the Social Security Administration in determining eligibility for SSI.This includes any payment made by the Developmental Disabilities Services Division through the Family Support Assistance Payment Program on behalf of a child(ren) receiving SSI and any other earned or unearned income of the person;
(16) Experimental Housing Allowance Program (EHAP) payments made under Annual Contributions Contracts entered into prior to January 1, 1975, under Section 23 of the US Housing Act of 1937, as amended;
(17) earnings of a child(ren) in a TANF benefit who is a full-time student;
(18) government rental or housing subsidies by governmental agencies, for example, Housing and Urban Development (HUD) which are received in-kind or in cash for rent, mortgage payments, or utilities;
(19) reimbursements from an employer, the Department of Labor, or the Bureau of Indian Affairs, for out-of-pocket expenditures and allowances for travel, training, meals, or supplies, which could include uniforms, to the extent the funds are used for expenses directly related to such travel, training, meals or supplies;
(20) Low Income Home Energy Assistance Program (LIHEAP) payments for energy assistance and payments for emergency situations under Emergency Assistance to Needy Families with Children;
(21) advance payments of Earned Income Tax Credit (EITC) or refunds of EITC as a result of filing a federal income tax return;
(22) refunds of state EITC as a result of filing a state income tax return;
(23) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.);
(24) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from the exposure to radiation from nuclear testing and uranium mining;
(25) federal major disaster and emergency assistance provided by Section 5515(d) of Title 42 of the United States Code (U.S.C.) and comparable disaster assistance provided by states, local governments, and disaster assistance organizations;
(26) interests of individual Indians in trust or restricted lands;
(27) income up to $2,000 per calendar year received by individual Indians, which is derived from leases or other uses of individually owned trust or restricted lands.Any remaining disbursements from the trust or the restricted lands are considered as unearned income;
(28) payments received under the Civil Liberties Act of 1988.These payments are made to persons of Japanese ancestry who were detained in internment camps during World War II;
(29) payments made to persons because of their status as victims of Nazi persecution;
(30) interest accrued from the deposits made by an person into an Individual Development Account (IDA) up to $2,000;¢ 46
(31) stipends paid to students participating in the Indian Vocational Education Program (IVEP) through the Carl D. Perkins Vocational and Applied Technology Education Act;
(32) payments made from the crime victims compensation program as amended in section 1403 of the Victims of Crime Act of 1984, Section 10602 of Title 42 of the U.S.C.;
(33) reimbursements made to a foster care parent(s) or a potential foster care parent(s)¢ 57; and
(34) payments as described in Section 1823(c) of Title 38 of the U.S.C. provided to certain persons who are children of Vietnam War veterans.; and
(35) child support, including cash medical support, received by Oklahoma Child Support Services (OCSS) in excess of the monthly court ordered support for family members included in the assistance unit.
INSTRUCTIONS TO STAFF 340:10-3-40
Revised 11-1-09 7-1-10
1.Exempt student income includes:
(1) any money from Title IV of the Higher Education Act including federal or state work study;
(2) educational assistance funded through the Veterans Administration (VA) such as the Montgomery GI Bill;
(3) grants;
(4) scholarships;
(5) subsidized and unsubsidized Stafford loans;
(6) federal PLUS loans;
(7) TRIO grants;
(8) Robert C. Byrd Honors Scholarship Program;
(9) Bureau of Indian Affairs (BIA) student assistance;
(10) money from the Carl D. Perkins Vocational Education Act.
2.Student income that is not exempt includes:
(1) money that is paid directly to the student and not sent through the bursar’s account other than funds listed in Instructions to staff #1 of this section;
(2) institutional work study; or
(3) money intended as an incentive for school attendance or grades rather than the school expenses.
13.See OAC 340:10-3-6 for trust accounts policy.
24.See OAC 340:10-3-28 for lump sum payments policy.
35.See OAC 340:10-2-4(c)(2) for on-the-job training.
46.See OAC 340:10-3-5(a)(10) for Individual Development Accounts.
57.Such as a pre-service training stipend or Kinship Start Up Stipend (KSUS) payment.See OAC 340:75-7-24.
SUBCHAPTER 10. CONDITIONS OF ELIGIBILITY - DEPRIVATION
340:10-10-5. Requirement for assignment of support rights and cooperation
Revised 8-1-05 7-1-10
(a) As a condition of eligibility, when the reason for deprivation is absence, each applicant or recipient of Temporary Assistance for Needy Families (TANF) must assign to the Oklahoma Department of Human Services (OKDHS) any support rights, accrued, including cash medical, that is pending, and or continuing of for any other family member included in the assistance unit.This assignment excludes amounts ordered for past due or judgment amounts.Failure to assign support rights makes the assistance unit ineligible for TANF.This also includes Title IV-E benefits.Support rights may also be assigned for Medical Assistance (MA) and State Supplemental Payment (SSP) for the blind and disabled when the recipient is a minor with a parent absent from the home, as well as MA custody cases when OKDHS has temporary custody.
(b) As a condition of eligibility for TANF, each applicant or recipient must cooperate with OKDHS in obtaining support for each child of the individual.Failure of the applicant or recipient to cooperate without good cause may be indicated either during the intake interview or at any time further action by the recipient is necessary.¢ 1
(c) If the applicant or recipient refuses to cooperate with OKDHS without good cause, the cash assistance must be reduced by 25% of the TANF payment standard the next effective date.¢ 2 & 3
(d) The Child Support Enforcement Division (CSED) Oklahoma Child Support Services (OCSS) district office makes the determination that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order as required by Section 454(29) of the Social Security Act.¢ 43 Non-cooperation is indicated by:
(1) failure to appear at a CSED OCSS district office to provide information or evidence relevant to the case;
(2) refusal to complete and sign documents necessary to take legal action against the absent parent(s) when requested to do so by the CSED OCSS district office;
(3) failure to comply with an order for genetic testing for the individual and the appropriate child to determine paternity;
(4) failure to appear as a witness at an administrative or district court hearing or other proceeding when cooperation is essential for the next step in providing child support services;
(5) failure to provide information, or attest to lack of information, under penalty of perjury;
(6) failure to forward to CSED OCSS all child support payments received from the absent parent(s) after receiving the initial TANF benefit;
(7) refusal to make a repayment agreement or to comply with a repayment plan when child support payments are retained; and
(8) failure to notify CSED OCSS of the pursuit of private legal action affecting the status or amount of a support obligation.
(e) When CSED OCSS determines the individual is cooperating, the worker is notified and the 25% penalty is removed the next effective date.¢ 54
INSTRUCTIONS TO STAFF 340:10-10-5
Revised 8-1-05 7-1-10
1.If the worker becomes aware of a client's apparent non-cooperation, the worker notifies the local Child Support Enforcement Division (CSED) Oklahoma Child Support Services (OCSS) district office.
2.(a) The 25% penalty only applies if the applicant or recipient is the natural or adoptive parent of the child(ren).The 25% penalty applies to adult only cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or Supplemental Security Income (SSI).If the adult is receiving SSP and/or SSI, and fails to cooperate with CSED OCSS, the 25% penalty is coded on the child(ren) in the Temporary Assistance for Needy Families (TANF) benefit.
3.(b) OAC 317:35-5-7 states the TANF applicant or recipient is not included in the health benefit if good cause has not been determined by CSED OCSS.The worker updates the Family Assistance/Client Services (FACS) Household tab for the Medical Assistance SoonerCare (Medicaid) benefit to show "Income and resources are considered.Not included in the benefit."This does not apply to an applicant or recipient who is receiving pregnancy related services or is under age 19.When good cause has been approved and the applicant or recipient who has been removed from the health SoonerCare (Medicaid) benefit agrees to cooperate, the worker updates the FACS Household tab for the Medical Assistance SoonerCare (Medicaid) benefit to show "Added to the benefit."
43.Refer to OAC 340:25-5-114.
54.Refer to OAC 340:10-3-57(hg).
340:10-10-7.Oklahoma Department of Human Services (OKDHS) responsibilities in relation to support payments
Revised 6-1-08 7-1-10
(a) Referral to the Child Support Enforcement Division (CSED) Oklahoma Child Support Services (OCSS).Federal regulations require referral to CSED OCSS no later than two working days after the Temporary Assistance for Needy Families (TANF) benefit is issued based on deprivation due to absence.The appropriate completed CSED OCSS forms supplement the computer-generated referral and are submitted, with the exception of good cause, to CSED OCSS.Information which may have an effect on support enforcement may become known after the CSED OCSS district office referral has been made.¢ 1
(b) Receipt of child support or spousal support.For purposes of this Subchapter, child support is defined as voluntary monetary contributions or court-ordered obligations.When a child support order also contains an order for spousal support which may be referred to as alimony or support alimony in Oklahoma, the obligation for spousal support must also be assigned to the Oklahoma Department of Human Services (OKDHS).At the application interview, the applicant is informed of the responsibility to forward to the Oklahoma Centralized Support Registry (OCSR) any support payments received from the absent parent(s) after TANF certification.¢ 2
(1) Payments received during application period.All child Child support payments for current monthly court-ordered support reported by an applicant during the time prior to certification are considered as income.Voluntary child support payments are considered as income.For purposes of rules in this Chapter, certification is considered the date of the supervisor's signature authorizing payment.Support anticipated to be received after certification is not considered as the client has agreed by signing the application to submit any future payments to OCSR.¢ 3
(2) Payments received after certification.Any support payments brought to the human services center (HSC) by the client after certification must be forwarded to OCSR.Payments are not sent in the form of cash.
(3) Retained support payments.If the worker becomes aware that the client has retained assigned support payments, the CSED OCSS district office is contacted with this information.
(A) The client is considered as not cooperating if:
(i) assigned support paid directly to the client is retained;
(ii) he or she refuses to repay a retained support overpayment in full or sign a repayment plan;
(iii) he or she fails to make payments according to the repayment agreement; or
(iv) he or she retains assigned direct support payment even if any overpayment has been repaid in full or a repayment plan is being followed.
(B) The CSED OCSS district office determines whether non-cooperation has occurred and notifies the worker.When non-cooperation is determined, the TANF cash assistance is reduced by 25% of the TANF payment standard and the support is considered as income the next effective date.¢ 4
(C) When notified by CSED OCSS that the client has resumed cooperation, the worker removes the 25% penalty and no longer considers the support as income.The cash assistance is increased the next effective date.¢ 4
(4) Child support and other income exceeds cash assistance.When a support payment is received that is greater than or equal to that month's TANF cash assistance, the TANF cash assistance must be closed the next effective date unless part of the support payment is exempt in accordance with OAC 340:10-3-40(35).¢ 5If the TANF cash assistance is not closed timely, any child support payment received during that month or subsequent months is retained by CSED for reimbursement of TANF payments made for those months or any preceding months.¢ 6When child support, spousal support, or both, causes ineligibility, the family is entitled to continued medical benefits in accordance with OAC 340:10-3-75.Following reimbursement of all TANF cash assistance, any excess payment remaining is forwarded to the client.¢ 7
(5) Federal and/or state tax intercept payments.Federal and/or state tax intercept is used for the collection of current and past due child support payments, including interest owed.
(A) Tax intercept payments collected by CSED OCSS prior to the client's current receipt of TANF and held for six months may be distributed to the client and is considered as a resource the month following the month of receipt.¢ 86
(B) Tax intercept payments collected for interest owed on past due child support may be forwarded to the client when the principle amount of past due child support has been paid off.¢ 7
(c) Arrearage in child support payments.CSED determines the amount of child support owed by the absent parent, which includes any arrearages.Arrearages are amounts that are past due for previous months.When a child support payment received by OKDHS during any given month includes arrearages, paragraphs (1) through (2) of this subsection apply.
(1) Any portion of the arrearages for months during which the family was receiving TANF is considered as reimbursement to OKDHS for the TANF received by the family.
(2) The only payment from such arrearages made to the family is that portion, if any, which exceeds the total TANF payments.
(dc) Child support services after TANF closure.At the time the TANF benefit is closed, the client is advised that he or she can receive non-TANF Child Support Services with no further application, no fee required, nor charge for collection deducted.This service occurs automatically unless the client specifically requests in writing that CSED OCSS not provide the service or the client becomes ineligible for non-TANF Child Support Services for some other reason.
INSTRUCTIONS TO STAFF 340:10-10-7
Revised 6-1-08 7-1-10
1.This information is reported by updating the absent parent information on the Deprivation tab on Family Assistance/Client Services (FACS) and forwarding attachments, if any, by memo to the appropriate Child Support Enforcement Division (CSED) Oklahoma Child Support Services (OCSS) district office.
2.Oklahoma Department of Human Services (OKDHS) Appendix 03AX016E (C‑16), Child Support Services and Responsibilities, is fully explained and given to the applicant at this time.When the client forwards payment to the Oklahoma Child Support Registry (OCSR), the client's name, case number, and the name of the absent parent making the payment must be included.OKDHS Appendix 03AX016E (C‑16), page 24, lists the address of the OCSR.
3.Child support income is coded on the case at certification and removed using the unfinished issuance process.Child support income remaining on the case after certification is removed the next effective date. The worker issues a supplement for the TANF benefit for each month counted in error.
4.Refer to OAC 317:35-5-7(a)(2)(F), OAC 340:10-10-5, and OAC 340:10-10-6 for eligibility for health SoonerCare (Medicaid) benefits.
5.(a) The amount of child Child support paid up to the amount of the monthly court ordered support is considered available.
(b) Any child support received above in excess of the monthly court-ordered support amount, including cash medical, is assigned to the Oklahoma Department of Human Services (OKDHS) for the reimbursement of prior months receipt of Temporary Assistance for Needy Families (TANF) exempt in accordance with OAC 340:10-3-40(35).
6.(c) A recipient is not allowed to return the TANF benefits for a month the child support payment exceeds the TANF payment standard as it is not considered a lump sum payment.
6.See OAC 340:10-3-2.
7.This excess payment is considered as a non-recurring lump sum payment.See OAC 340:10-3-28(3).
8.See OAC 340:10-3-2.
SUBCHAPTER 15. CONDITIONS OF ELIGIBILITY - CITIZENSHIP AND ALIENAGE
340:10-15-1. Citizenship and alien status
Revised 11-1-09 7-1-10
(a) A person eligible to be included in a Temporary Assistance for Needy Families (TANF) benefit, must be either:
(1) a citizen or a national of the United States (U.S.), including the 50 states, District of Columbia, commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa and Northern Mariana Islands.A person may be a citizen of the U.S. by being born in the U.S. or by being born in some other country but moving to the U.S. and being granted U.S. citizenship through the U.S. Citizenship and Immigration Services (USCIS) a bureau of the U.S. Department of Homeland Security; or
(2) a qualified alien described as:
(A) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);
(B) an alien who is paroled into the U.S. under Section 212(d)(5) of INA for a period of at least one year;
(C) an alien who is granted conditional entry pursuant to Section 203(a)(7) of INA as in effect prior to April 1, 1980;
(D) an alien who is granted asylum under Section 208 of INA;
(E) a refugee who is admitted to the U.S. under Section 207 of INA;
(F) an alien whose deportation is withheld under Section 241(b)(3) of INA;
(G) an alien who is a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980;
(H) battered aliens and their children or parents as defined in Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act as amended;[8 U.S.C. 1641(c)]
(I) an alien and his or her eligible relatives who are victims of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000 which was reauthorized and amended by the Trafficking Victims Protection Reauthorization Act of 2003; ¢ 1
(J) an Iraqi admitted under in special immigrant status pursuant to Section 525 of Division G of Public Law (P.L.) 110-161 of the Consolidated Appropriations Act of 2008, as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 1244 of P.L. 110-181, of the National Defense Authorization Act for Fiscal Year 2008 pursuant to Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008, Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008, and Section 8120 of P.L. 111-118.An Iraqi The person must be treated as a refugee for a time-limited period and may be eligible for benefits for up to eight months from the date he or she is granted special immigrant status if the person meets all other program requirements.After the time-limited eligibility period ends, the Iraqi is ineligible for a TANF benefit for a five year period beginning on the date of the alien'sentry into the U.S. with a qualified alien status;¢ 2 or
(K) an Afghan admitted under in special immigrant status pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act of 2008 and as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)] and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act, 2009, pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act, 2009, and Section 8120 of P.L. 111-118. The person must be treated as a refugee for a time-limited period and may be eligible for benefits for up to six months from the date he or she is granted special immigrant status if the person meets all other program requirements.After the time-limited eligibility period ends, the Afghan is ineligible for a TANF benefit for a five year period beginning on the date of the alien's entry into the U.S. with a qualified alien status.¢ 2
(b) A qualified alien who enters the U.S. on or after August 22, 1996, is not eligible for TANF benefits for a five year period beginning on the date of the alien's entry into the U.S. with a qualified alien status unless the alien is:
(1) admitted to the U.S. as a refugee;
(2) granted asylum;
(3) one whose deportation is being withheld;
(4) a Cuban or Haitian entrant;
(5) admitted to the U.S. as an Amerasian immigrant;
(6) lawfully residing in the state and is a veteran of the U.S. armed forces, on active duty, or is that person's spouse or unmarried dependent child; or
(7) is a victim of a severe form of trafficking.¢ 32
(c) A declaration of citizenship and alien status is required for all adults and children in the TANF benefit.This requirement is met when an adult member in the assistance unit completes and signs the application or review form attesting to the citizenship and alien status for all members of the assistance unit.Refer to OAC 340:65-3-1(g) for additional citizenship requirements for persons 14 years of age and older pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes.
(d) Declaration on behalf of a newborn child may be delayed provided the delay does not exceed the date of the assistance unit's next eligibility redetermination.
(e) Persons determined as having satisfactory alien status must have the status verified through Systematic Alien Verification for Entitlements (SAVE).In situations which require a written inquiry to the USCIS, the worker must not delay, deny, terminate, or reduce benefits to an alien pending USCIS verification of submitted documentation.¢ 43
(f) All persons born in the U.S. are, with rare exceptions, U.S. citizens.Documents of citizenship or national status of persons from certain U.S. territories or possessions listed in (a)(1) of this Section may not be in their possession nor available.Their status can usually be determined by birth certificate, passport, or other official document.¢ 54
INSTRUCTIONS TO STAFF 340:10-15-1
Revised 11-1-09 7-1-10
1.The Office of Refugee Resettlement (ORR) provides a certification letter to a person 18 years of age or older and an eligibility letter to a person who has not attained 18 years of age.These persons are also provided T Visas which indicates eligibility for federally funded or administered benefits to the same extent as a refugee.The T Visas are T-2, T-3, T-4, and T-5 referred to collectively as Derivative T Visas.To determine the validity of the letters issued by ORR and to inform ORR which benefits the person has applied for, the worker must call the toll-free trafficking verification number 1‑866‑401‑5510.
2.(a) Iraqi or Afghan families may be eligible for benefits for up to eight months from the date they are granted special immigrant status if they meet all other program requirements.Examples of how to determine the number of months Iraqi or Afghan families are eligible for benefits includes an Iraqi or Afghan family who is granted special immigrant status in:
(1) April and does not apply for benefits until July.Family members may be eligible for benefits for five months; or
(2) June and applies for benefits in July.Family members may be eligible for benefits for seven months.
(b) To help track when benefits must be closed for the family, the worker must enter in the Family Assistance/Client Services (FACS) Case Notes:
(1) the date the family entered the country;
(2) when special immigration status was granted;
(3) how this status was verified; and
(4) the last month family members are eligible for benefits.
32.Refer to OAC 340:10-15-1(a)(2)(I).
43.Refer to OAC 340:65-3-4(5) and 340:65-3-4, Instructions to Staff 15, for information regarding the Systematic Alien Verification for Entitlements (SAVE).
54.Any questions regarding whether any other official document provides reliable evidence of citizenship or national status are referred to Family Support Services Division Temporary Assistance for Needy Families Section.
