COMMENT DUE DATE:
December 27, 2010
December 16, 2010
Laura Brown FSSD (405) 521-4396
Dena Thayer OIRP Programs Administrator (405) 521-4326
Pat McCracken OIRP (405) 522-1017
Non-APA WF 10-EE
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 1-1-11.
CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5. Non-Financial Eligibility Criteria
Part 7. Related Provisions
OAC 340:50-5-66 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 11. Special Procedures
Part 1. Households Entitled To Expedited Service
OAC 340:50-11-6 [INSTRUCTIONS TO STAFF ONLY REVISED]
Part 7. Replacement When Food Purchased with Food Stamp Benefits Is Destroyed
OAC 340:50-11-64 [INSTRUCTIONS TO STAFF ONLY REVISED]
SUMMARY:OAC 340:50-5-66 Instructions to staff (ITS) is revised to clarify an out-of-state inquiry is required for persons who indicate they have lived in another state in the past 12 months.
OAC 340:50-11-6 ITS is revised to correct language regarding the length of the certification period for households that provide waived information.
OAC 340:50-11-64 ITS is revised to: (1) require completion of Form 08FB012E, Request for Destroyed Food Replacement, prior to replacement of benefits following a disaster; and (2) add the time frame in which the replacement must be made.
Residency requirements must be verified, except in unusual cases such as migrant farm worker households newly arrived in an area, where verification of residency cannot reasonably be accomplished.Verification of residency is accomplished to the extent such as, but not limited to, utility expenses or identity.If verification cannot be accomplished in conjunction with the verification of other information, then the worker uses a collateral contact or other readily available documentary evidence.Documents used to verify other factors of eligibility should normally suffice to verify residence as well.Any document or collateral contact which reasonably establishes the applicant's residency must be accepted and no requirement for a specific type of verification may be imposed.No durational residency requirement may be established.
(1) No individual may participate as a member of more than one household or in more than one county in any month unless an individual is a resident of a shelter for battered women and children and was a member of a household containing the abusive person.¢ 1
(2) Residency is not dependent on an intent to permanently reside in the state or county.Moreover, the county cannot impose any durational residency requirements.A fixed residence is not required.For example, migrant camp sites verify the residency requirements; however, persons in a county solely for vacations will not be considered residents.If it is questionable that the household resides at the address or finding location given on the application, verification must be accomplished in accordance with Subchapter 3 of this Chapter, covering verification of questionable information.
(3) It will not be possible to verify residency for homeless households, however, the case record should contain as much information as possible about the household's situation.
INSTRUCTIONS TO STAFF 340:50-5-66
1.The worker must take extra care to avoid duplicate participation.If the household has lived in another state in the past 12 months, the worker must verify there are no open cases in the other state.The worker documents in Family Assistance/Case Services (FACS) case notes:
(1) the date of case closure;
(2) the last date benefits were received;
(3) the type of benefits received;
(4) how the information was obtained; and
(5) any other pertinent information.
SUBCHAPTER 11. SPECIAL PROCEDURES
PART 1. HOUSEHOLDS ENTITLED TO EXPEDITED SERVICE
340:50-11-6. Issuance for households entitled to expedited services
After the household is determined eligible for expedited services, the social services specialist processes the certification and benefits are made available in the household’s account.When the issuance is for the initial month, the benefit is prorated.When proration causes the household to be ineligible for the month of application, the case is denied for that month and approved for expedited issuance for the following month.Households who receive an expedited prorated benefit, then later provide all necessary verification, must receive their second month's benefit no earlier than the first working day of the second month’s benefit or within seven working days of providing the verification, whichever is later.¢ 1
INSTRUCTIONS TO STAFF 340:50-11-6
1.The computer will identify these cases and the benefit will be issued accordingly. 21.(a) TELEPROCESSING EXPEDITED SERVICES.When all needed verifications have been provided prior to teleprocessing, the approval is entered using action code 1, reason code EO, and the appropriate certification period.
PROCESSING OF EXPEDITED SERVICES APPLICATIONS.Households eligible for expedited service with needed verification waived must receive the prorated benefit for the month of application.When verifications or the interview are waived, these applications are the application is approved by entering an action code of S, reason code EO, and a certification period of one month.When waived verifications are received and the waived interview is completed, the worker certifies the household with a regular certification period is extended an additional two months per OAC 340:50-9-1(f).
PART 7.REPLACEMENT WHEN FOOD PURCHASED WITH FOOD STAMP BENEFITS IS DESTROYED
340:50-11-64.Destroyed food purchased with benefits
In households where food purchased with benefits is destroyed in a household misfortune such as a fire, tornado, or flood, a replacement of the actual value of loss, not to exceed the household's monthly allotment, may be made if the loss is reported within ten days of the loss and the loss is verified.Food loss through loss of electricity or malfunction of appliances unless caused by a storm, does not qualify as a household misfortune and the food loss may not be replaced.¢ 1
INSTRUCTIONS TO STAFF 340:50-11-64
1.(a) To reissue benefits for the purpose of replacing destroyed food purchased with benefits, the Food Stamp Replacement (FSRP) transaction is processed by
the county office human services center staff.
(b) Prior to issuing the replacement, a household member must complete Form 08FB0012E, Request for Replacement of Destroyed Food, attesting to the loss within ten days of the report of the loss.
(1) When the Oklahoma Department of Human Services (OKDHS) is not open for business on the 10th day, the form must be received by the next business day.
(2) The worker must issue the replacement within ten calendar days of the reported loss or within two business days of receiving the completed form, whichever is later.
(c) The worker documents in Family Assistance/Client Services case notes each request for replacement, the date, the reason, and whether the replacement was provided.