COMMENT DUE DATE:
April 26, 2010
April 16, 2010
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Programs Administrator (405) 521-4326
Pat McCracken PMU (405) 522-1017
Non-APA WF 10-I
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 5-1-10.
CHAPTER 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5 Non-Financial Eligibility Criteria
Part 1. Household Definition
OAC 340:50-5-7[INSTRUCTIONS TO STAFF ONLY REVISED]
Part 7 Related Provisions
OAC 340:50-5-67 [INSTRUCTIONS TO STAFF ONLY REVISED]
OAC 340:50-5-7 Instructions to staff (ITS) are revised to clarify when a student is not considered institutionalized.
OAC 340:50-5-67 ITS are revised to: (1) change eligibility for Afghans and Iraqis admitted under special immigrant status to being treated as refugees; and (2) clarify Haitian orphans permitted to enter the United States under humanitarian parole on or after January 12, 2010 are treated as Cuban/Haitian entrants.
SUBCHAPTER 5. NON-FINANCIAL ELIGIBILITY CRITERIA
PART 1. HOUSEHOLD DEFINITION
340:50-5-7. Excluded households and/or household members
(a) Food distribution programs (FDP) operated by Indian tribal organizations (ITO).Several ITO operate FDP in the State of Oklahoma.Households or any member of a household participating in a FDP are not eligible to participate in the Oklahoma Department of Human Services (OKDHS) Supplemental Nutrition Assistance Program (SNAP) the same month.Households with at least one adult member of any Indian tribe, living within the boundaries of an ITO location either in a rural area or in a town with a population of less than 10,000, may elect to participate in the FDP.A household may switch between the FDP and SNAP as long as there is no dual participation for any member for the same month.To ensure that dual participation does not occur, monthly lists of recipients are exchanged between ITO and OKDHS.
(1) The worker is responsible for checking the ITO listing if there are indications that an applicant could meet the criteria for FDP eligibility.If the household is not on the listing, the worker makes a telephone inquiry to the appropriate ITO to verify the household has not been certified since the date of the last compiled list.Closure of an FDP case must also be verified by a telephone call to or written notice from the FDP office before a household can be certified for food benefits.
(2) The FDP office uses the OKDHS listing for the same verification procedure followed by a telephone call to the local human services center (HSC) to check on subsequent food benefit receipt.The worker provides any information pertinent to participation in or eligibility for either program.
(3) Dual receipt will result in a food benefit overpayment if the household was already receiving FDP benefits at the time of SNAP certification.
(b) Ineligible households.
(1) Boarders.Residents of a commercial boarding house and boarders as defined in OAC 340:50-5-5 are not eligible to participate in SNAP.
(A)A commercial boarding house is defined as an establishment which offers meals and lodging for compensation with the intention of making a profit.The number of boarders residing in a boarding house cannot be used to determine if a boarding house is a commercial enterprise.
(B) Households containing a boarder or the proprietor of a commercial boarding house may participate in the program separate and apart from the boarders or residents of the boarding house if that household meets all the eligibility requirements for participation.
(2) Residents of institutions.Persons are considered residents of an institution when the institution provides them with over 50% of three meals daily as part of the institution's normal services.Residents of institutions are not eligible for participation in the program unless they are:
(A) residents of federally subsidized houses for the elderly built either under Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act;
(B) persons addicted to drugs or alcohol, who for the purpose of participation in a drug addiction or alcoholic treatment and rehabilitation program, reside at a treatment center;¢ 1
(C) residents of group homes who are considered blind or disabled in accordance with OAC 340:50-5-4.Group home means a private or public non-profit residential setting that serves no more than 16 residents that is certified by the Oklahoma State Department of Health under regulations issued under Section 1616(e) of the Social Security Act;¢ 2
(D) persons who do not receive their meals from the institution but prepare their own meals or are participating in a delivered meals program or a communal dining program are eligible for food benefits if they meet other eligibility requirements;
(E) women or women with their children who are temporarily residing in a shelter for battered women and children.Shelter for battered women and children means a public or private non-profit residential facility that serves battered women and their children.If such a facility also serves other persons, a portion of the facility must be set aside on a long term basis to serve only battered women and children;¢ 3
(F) students who attend school away from home as long as they return home for at least part of each month; or¢ 4
(G) residents of public or private non-profit shelters for homeless persons.¢
INSTRUCTIONS TO STAFF 340:50-5-7
1.See OAC 340:50-5-26 for information regarding drug or alcohol treatment facilities.
2.See OAC 340:50-5-27 for information regarding group homes.Residents of for-profit group homes may be eligible to receive food benefits if the facility allows them to elect whether they want to receive the majority of their meals from the institution.A resident who:
(1) chooses not to receive a majority of his or her meals from the for-profit facility is entitled to receive food benefits; or
(2) elects to receive the majority of his or her meals from the for-profit group home is not eligible for food benefits.
3.See OAC 340:50-5-28 for information regarding shelters for battered women and children.
4.Students who are required to purchase a meal plan are not considered institutionalized.For example, a college student who must purchase a meal plan due to living in campus housing or because of a campus job is not considered institutionalized.
45.See OAC 340:50-5-30 for information regarding providers of meals for the homeless.
PART 7. RELATED PROVISIONS
340:50-5-67. Citizenship and alien status
(a) To be eligible for food benefits an individual must be:
(1) a United States (U.S.) citizen;¢ 1
(2) a U.S. non-citizen national;¢ 2
(3) an alien who is both qualified and eligible; or¢ 3
(4) an alien not required to meet qualified alien status.¢ 4
(b) Pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes, all persons 14 years of age and older must declare whether they are residing in the U.S. lawfully and may be required to sign Form 08MP005E, Citizenship Affidavit, in accordance with OAC 340:65-3-1(g).
INSTRUCTIONS TO STAFF 340:50-5-67
1.(a) A United States (U.S.) citizen is a person, other than a foreign diplomat, born in the U.S., Puerto Rico, Guam, the U.S. Virgin Islands, or Northern Mariana Islands, who has not renounced or otherwise lost his or her citizenship.A person born outside the U.S.is a U.S.citizen if at least one parent is a U.S.citizen at the time of the child's birth.
(b) The applicant or recipient must declare the citizenship or alien status of all household members requesting food benefits on the application form.Form 08MP022E, Declaration of Citizenship Status, is used to declare citizenship or alien status when new household members are added to the food benefits after certification.
(c) If a household member's U.S. citizenship is questionable, the household member must provide verification.Verification of citizenship is made by examining:
(1) birth certificate;
(2) baptismal certificate;
(3) U.S. passport; or
(4) certification of citizenship or naturalization provided by the U.S. Citizenship and Immigration Services (USCIS), such as identification card for use of the resident citizen of the U.S., USCIS Form I-179, or USCIS Form I-197.
(d) If verification of citizenship cannot be obtained and the household provides a reasonable explanation for why verification is not available, the worker accepts a signed statement from someone who is a U.S. citizen who declares under penalty of perjury that the person in question is a U.S. citizen.The signed statement must contain a warning that "if you intentionally give false information to help this person get food benefits, you may be fined, imprisoned, or both."When the person is 14 or older, he or she may also be required to complete Form 08MP005E, Citizenship Affidavit, in accordance with OAC 340:65-3-1(g).
(e) Members of the household whose citizenship is in question are ineligible and their income and resources are considered available to any remaining household member in accordance with policy for eligible aliens until proof of U.S. citizenship is obtained.
(f) When the applicant declares that some or all of the household members applying for benefits are aliens, the worker must follow the SAVE procedures described at OAC 340:65-3-4 to determine if the documents provided to verify legal alien status are valid.
2.A U.S.non-citizen national is a person born in outlying possessions of the U.S.on or after the U.S.acquired possession or his or her parent(s) is a U.S.non‑citizen national.Examples of outlying possessions are American Samoa or Swains Island.
3.(a) A qualified alien is a person who at the time he or she applies for or receives food benefits is:
(1) lawfully admitted for legal permanent residence (LPR) in the U.S. under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988;
(2) granted asylum under Section 208 of the Immigration and Nationality Act (INA);
(3) an alien whose deportation is being withheld under Section 243(h) of the INA as in effect before April 1, 1997, or removal is withheld under Section 241(b)(3) of the INA;
(4) a refugee who is admitted under Section 207 of the INA;
(5) a Cuban or Haitian entrant under Section 501(e) of the Refugee Education Assistance Act of 1980, including Haitian orphans permitted to enter they U.S. under humanitarian parole on or after January 12, 2010;
(6) paroled into the U.S.under Section 212(d)(5) of the INA for at least one year;
(7) granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;
(8) a battered spouse, battered child or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or Section 244(A)(3) of the INA; or
(9) a victim of a severe form of trafficking and/or his or her eligible relatives.
(A) A victim has a letter of certification issued by Office of Refugee Resettlement (ORR).The victims and their eligible relatives also have a T Visa.
(B) To verify the validity of ORR issued letters and to inform ORR of the benefits for which the victims have applied, call the victims verification toll-free number 1-866-401-5510.
(b) To be eligible, a qualified alien must meet at least one of the criteria listed in (1) through (9) of this Instruction to Staff (ITS) and is not limited in participation unless otherwise stated.The qualified alien:
(1) is a veteran of the U.S.military who was honorably discharged for a reason(s) other than alienage.The veteran must have at least 24 months of active service or if the veteran was called to active duty for a specified time less than 24 months had completed the specified number of months of service.The veteran's spouse and unmarried dependent children are also eligible with no time limits.The term veteran also includes:
(A) military personnel who die during active duty service; and
(B) persons who served in the Philippine Commonwealth Army during World War II or as a Philippine scout following the war;
(2) is an unmarried dependent child of a deceased veteran or person who died during active duty service;
(3) is the surviving spouse of a deceased veteran or person who died during active duty service who has not remarried and who was married to the veteran:
(A) for at least one year;
(B) before the end of a 15-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated; or
(C) for any period of time if a child was born of the marriage or before the marriage;
(4) is on active military duty, not including active duty for training, the alien's spouse, or an unmarried dependent child;
(5) can be credited with 40 qualifyingquarters of coverage under Title II of the Social Security Act.
(A) Quarters may be used both by the person working them and the persons to whom they are deemed.
(B) Quarters worked after December 31, 1996 are not counted or credited as part of the 40-quarter fulfillment if the alien, his or her parent(s), or spouse received any means‑tested public benefit during that quarter.Means-tested public benefits are:
(i) Supplemental Security Income (SSI);
(ii) food benefits;
(iii) Temporary Assistance to Needy Families (TANF);
(iv) SoonerCare (Medicaid); and
(v) the Food Assistance Program in Puerto Rico, American Samoa, and the Northern Mariana Islands.
(C) Quarters credited may be:
(i) earned by the person;
(ii) earned by a spouse during the period of the legal marriage including common law;
(iii) earned by a spouse now deceased during their marriage if the surviving spouse has not remarried;
(iv) earned by parents, natural or adoptive, while the alien child was under 18 years of age and unmarried.This includes quarters earned before the birth of the person.The alien child can continue to count these quarters after he or she reaches age 18;
(v) earned by a stepparent during the marriage to the alien child's natural or adoptive parent.The alien child can continue to count these quarters after he or she reaches age 18.The step relationship is based on the marriage of the child's parent to the stepparent.The quarters can be credited from the quarter in which the marriage occurred through the quarter the child attains age 18.During a marital separation, the quarters are counted.If the marriage ended by the death of the stepparent, the stepparent's quarters are counted.If the marriage ended because of divorce, the stepparent's quarters are not counted; or
(vi) deemed back and forth within the family group, from spouse to spouse, and parent to child, but not from child to parent.For example, mom and dad each have 20 countable quarters which can be deemed to each other as well as any of their minor children living in the home, making them all eligible;
(6) is currently receiving disability or blindness payments under programs described in OAC 340:50-5-4(a)(2) through (a)(8)(B);
(7) has resided in the U.S. as a qualified alien for five years since date of entry;
(8) has been admitted to the U.S. as:
(A) a refugee to the U.S. under Section 207 of the INA;
(B) an alien granted asylum under Section 208 of the INA;
(C) an alien whose deportation is being withheld under Section 243(h) or 241(b)(3) of the INA;
(D) an Amerasian admitted pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988;
(E) a Cuban or Haitian entrant under Section 501(e) of the refugee Education Assistance Act of 1980, including Haitian orphans permitted to enter the U.S. under humanitarian parole on or after January 12, 2010; or
(F) a victim of a severe form of trafficking and his or her eligible relatives; or
(9) is a child under age 18 regardless of when he or she was admitted.
(c) When the applicant declares that some or all of the household members applying for benefits are aliens, the worker must follow the SAVE procedures described at OAC 340:65-3-4 to determine if the documents provided to verify legal alien status are valid.
4.Aliens not required to meet qualified alien status are:
(1) American Indians born in Canada to whom the provisions of Section 289 of the INA [8 United States Code (USC) 1359] apply and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act. [25 USC 450(e)]This provision was intended to cover American Indians who are entitled to cross the U.S.border into Canada or Mexico.This includes among others, the:
(A) St. Regis Band of the Mohawk in New York State;
(B) Micmac in Maine;
(C) Abanaki in Vermont; and
(D) Kickapoo in Texas;
(2) persons who are lawfully residing in the U.S. and were members of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to the U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964 and ending May 7, 1975.The spouse or surviving spouse who has not remarried and unmarried dependent children of such person may also be eligible for food benefits;
(3) Iraqis admitted in special immigrant status as defined in Section 101(a)(27) of INA [8 U.S.C. 1101(a)(27)], and per Section 1059, Public Law (P.L.) 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 1244 of P.L. 110-181 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, and Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal year 2008, and the Department of Defense Appropriations Act of 2010 Section 8120 P.L. 111-119 are treated as refuges pursuant to Section 207 of the INA.
They may be eligible for food benefits for up to eight months from the date they are granted special immigrant status if they meet all other program requirements.If they meet qualified alien status, as shown in ITS 3 of this Section, they may be eligible for food benefits beyond the eight month time limit. (A) When the household includes members subject to the time-limit and members not subject to the time-limit, a normal certification period may be assigned. For example, when some but not all household members are under 18 or have been granted a qualified alien status, a normal certification period may be assigned. When all household members are subject to the time-limit, the maximum number of months the household is approved for benefits is eight months. (B) Examples of how to determine the number of months persons are eligible for benefits includes an Iraqi family who is granted special immigrant status in: (i) April and does not apply for benefits until July.The adults may be eligible for benefits for five months while the children in the family are not time-limited; or (ii) June and applies for benefits in July.The adults may be eligible for benefits for seven months while the children in the family are not time-limited; or
(4) Afghans admitted in special immigrant status as defined in Section 101(a)(27) of 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 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 the Department of Defense Appropriations Act of 2010 Section 8120 P.L. 111-119 are treated as refuges pursuant to Section 207 of the INA.
They may be eligible for food benefits for up to eight months from the date they are granted special immigrant status.If they meet qualified alien status, as shown in ITS 3 of this Section, they may be eligible for food benefits beyond the eight month time limit. (A) When the household includes members subject to the time-limit and members not subject to the time-limit, a normal certification period may be assigned. For example, when some but not all household members are under 18 or have been granted a qualified alien status, a normal certification period may be assigned. When all household members are subject to the time-limit, the maximum number of months the household is approved for benefits is eight months. (B) Examples of how to determine the number of months persons are eligible for benefits includes an Afghan family who is granted special immigrant status in: (i) April and applies for benefits in July.The adults may be eligible for benefits for five months while the children in the family are not time-limited; or (ii) June and applies for benefits in July. The adults may be eligible for benefits for seven months while the children in the family are not time-limited.