WF 11-10

COMMENT DUE DATE:

February 16, 2012

DATE:

January 11, 2012

Laura Brown FSSD (405) 521-4396

Dena Thayer OIRP Programs Administrator (405) 521-4326

Pat McCracken OIRP (405) 522-1017

RE:

APA WF 11-10

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org.

The proposed policy is Permanent . This proposal will go to the Commission meeting on

CHAPTER 50 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 3. Application Process

OAC 340:50-3-1 through 340:50-3-3 [AMENDED]

Subchapter 5 Non-financial Eligibility Criteria

Part 1. Household Definition

OAC 340:50-5-3 [AMENDED]

Part 3. Special Households

OAC 340:50-5-28 [AMENDED]

Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees

OAC 340:50-5-45 [AMENDED]

Subchapter 7. Financial Eligibility Criteria

Part 3. Income

OAC 340:50-7-29 through 340:50-7-30 [AMENDED]

Subchapter 9. Eligibility and Benefit Determination Procedures

OAC 340:50-9-1 [AMENDED]

OAC 340:50-9-4 through 340:50-9-6 [AMENDED]

SUMMARY:The proposed revisions to Subchapter 3 of Chapter 50 amend the rules to: (1) add language regarding electronically filing applications; (2) correct the disqualification time period when a household fails to cooperate with an Office of Inspector General (OIG) Quality Control review; (3) update a policy citation; (4) add a policy citation regarding postponement of the interview when the household appears eligible for expedited services; (5) specify the time frame given and the form used to request proof of eligibility; (6) update language to current terminology; and (7) add clarifying language.

The proposed revisions to Subchapter 5 of Chapter 50 amend the rules to: (1) correct language regarding the age at which a child can be considered a separate household from adult household members; (2) remove language requiring shelters for battered women and children to provide the majority of the resident’s meals for residents to be eligible to receive food benefits; (3) reorder and clarify information regarding student classification; and (4) add policy citations regarding how to consider income and deductible expenses for ineligible students.

The proposed revisions to Subchapter 7 of Chapter 50 amend the rules to: (1) add language regarding how to consider guardianship and Department of Veterans Affairs (VA) Aid and Attendance payments; (2) remove obsolete terminology regarding military allowances; (3) add the definition of a self-employed person; (4) add clarifying language regarding self-employment income calculations; and (5) add clarifying language.

The proposed revisions to Subchapter 9 of Chapter 50 amend the rules to; (1) remove language regarding delayed applications from one Section and add revised language regarding delayed applications to another Section; (2) update language to current terminology; and (3) add clarifying language.

340:50-3-1 is amended to: (1) add language regarding electronically filing applications; (2) update a policy citation; (3) add a policy citation regarding postponement of the interview when the household appears eligible for expedited services; and (4) add clarifying language.

340:50-3-2 is revised to: (1) correct the disqualification time period when a household fails to cooperate with an OIG Quality Control review; (2) add language regarding electronic filing of applications; (3) update language to current terminology; (4) add clarifying language.

340:50-3-3 is revised to: (1) specify the time frame given and the form used to request proof of eligibility; and (2) update language to current terminology.Instructions to Staff are revised to clarify: (1) worker responsibility to specify the verification requested based on the household's circumstances; (2) steps taken when the household fails to provide all verification requested or new verification is needed; and (3) documentation requirements.

340:50-5-3 is revised to correct language regarding the age at which a child can be considered a separate household from adult household members.

340:50-5-28 is revised to remove language requiring a shelter for battered women and children to provide a majority of the resident’s meals for residents to be eligible to receive food benefits.

340:50-5-45 is revised to: (1) reorder and clarify information regarding student classification; and (2) add policy citations regarding how to consider income and deductible expenses for ineligible students.Instructions to Staff are revised to: (1) remove information added to rules; (2) add definitions for the term "at least half-time," "in compliance with," and (3) give an example of an employment and training program that meets "in compliance with" criteria.

340:50-7-29 is revised to: (1) add language regarding how to consider guardianship and VA Aid and Attendance payments; (2) remove obsolete terminology regarding military allowances; and (3) add clarifying language.

340:50-7-30 is revised to add: (1) the definition of a self-employed person; and (2) clarifying language regarding self-employment income calculations.

340:50-9-1 is revised to: (1) remove language regarding delayed applications; (2) update language to current terminology; and (3) add clarifying language.

340:50-9-4 is revised to: (1) add language regarding delayed applications; and (2) remove duplicate information.

340:50-9-5 is revised to update language to current terminology.

340:50-9-6 is revised to: (1) update language to current terminology and practice including the term certification renewal and information included on the expiration of benefits notice; and (2) add clarifying language regarding good cause for failure to timely renew benefits.

PERMANENT RULEMAKING APPROVAL IS REQUESTED.

LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Title 7 Code of Federal Regulations Section 271.2 (7CFR271.2); 7CFR 273.2(c), (d)(2), and (h); 7CFR273.5; 7CFR 273.9(b); and 7CFR 273.11.

Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Mary Stalnaker Division Director

Family Support Services Division

Date:January 11, 2012

Re:CHAPTER 50 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Subchapter 3. Application Process

OAC 340:50-3-1 through 340:50-3-3 [AMENDED]

Subchapter 5 Non-financial Eligibility Criteria

Part 1. Household Definition

OAC 340:50-5-3 [AMENDED]

Part 3. Special Households

OAC 340:50-5-28 [AMENDED]

Part 5. Students, Strikers, Resident Farm Laborers, Migrant Households, Sponsored Aliens, and School Employees

OAC 340:50-5-45 [AMENDED]

Subchapter 7. Financial Eligibility Criteria

Part 3. Income

OAC 340:50-7-29 through 340:50-7-30 [AMENDED]

Subchapter 9. Eligibility and Benefit Determination Procedures

OAC 340:50-9-1 [AMENDED]

OAC 340:50-9-4 through 340:50-9-6 [AMENDED]

(Reference APA WF 11-10)

Contact:Laura Brown 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed revisions to Subchapter 3 of Chapter 50 amend the rules to: (1) add language regarding electronically filing applications; (2) correct the disqualification time period when a household fails to cooperate with an Office of Inspector General (OIG) Quality Control review; (3) update a policy citation; (4) add a policy citation regarding postponement of the interview when the household appears eligible for expedited services; (5) specify the time frame given and the form used to request proof of eligibility; (6) update language to current terminology; and (7) add clarifying language.

Strategic Plan impact. The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes to achieve OKDHS efficiency.

Substantive changes.

340:50-3-3 is revised to: (1) specify the time frame given and the form used to request proof of eligibility; and (2) update language to current terminology.

340:50-5-3 is revised to correct language regarding the age at which a child can be considered a separate household from adult household members.

340:50-5-28 is revised to remove language requiring a shelter for battered women and children to provide a majority of the resident’s meals for residents to be eligible to receive food benefits.

340:50-7-30 is revised to add: (1) the definition of a self-employed person; and (2) clarifying language regarding self-employment income calculations.

340:50-9-1 is revised to: (1) remove language regarding delayed applications; (2) update language to current terminology; and (3) add clarifying language.

340:50-9-4 is revised to: (1) add language regarding delayed applications; and (2) remove duplicate information.

340:50-9-5 is revised to update language to current terminology.

Reasons. The proposed revisions provide staff with clear, concise, and up-to-date rules to facilitate the accurate delivery of benefits and services to persons who are in need.Rules regarding the disqualification period for a household that fails to cooperate with an OIG Quality Control review, the age at which a child can receive food benefits separately from adult household members, and requirements for battered women’s shelters to provide the majority of meals in order for residents to receive benefits were revised because OKDHS is out of compliance with federal regulations.

Repercussions. The proposed rules will make policy easier to understand for OKDHS staff and the public.If the proposed revisions are not implemented, some rules will be out of compliance with federal regulations.Failure to approve other changes made to update and clarify rules may lead to incorrect benefit processing and preventable errors if benefits are audited

Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Title 7 Code of Federal Regulations Section 271.2 (7CFR271.2); 7CFR 273.2(c), (d)(2), and (h); 7CFR273.5; 7CFR 273.9(b); and 7CFR 273.11.

Permanent approval. 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: The classes of persons most likely to be affected by the proposed rules are Supplemental Nutrition Assistance Program (SNAP) households and OKDHS staff. The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are SNAP households 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 fee change: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.

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 will result in enhanced delivery of services to SNAP households.

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: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of 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 as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory 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 complying with federal mandate.

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: Implementation of the proposed rule revisions will bring the rules into compliance with federal law and make rules more understandable.This will positively impact the health, safety, and well-being of SNAP households 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 rule revisions are not implemented, rules will not be in compliance with federal regulations and staff may not process benefits correctly.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 12, 2011. Modified December 15, 2011.Modified December 28, 2011.

SUBCHAPTER 3. APPLICATION PROCESS

340:50-3-1. The application process

Revised ~~6-1-09~~ 6-1-12

(a) General.The application process for the Supplemental Nutrition Assistance Program (SNAP) begins with a request for ~~an application form~~ benefits and ends with determining the household's eligibility and entering that determination into the computer system.

(1) The application must be processed no later than 30 calendar days after the signed application is ~~filed in~~ submitted to the Oklahoma Department of Human Services (OKDHS) ~~human services center (HSC)~~.¢ 1

(2) Expedited services must be available to those households who are in immediate need as defined in OAC 340:50-11-1 through 340:50-11-6.

(3) Persons having lawful alien status must have status verified through Systematic Alien Verification for Entitlements (SAVE) per OAC 340:65-3-4.

(4) Benefits must be provided retroactively to the date of application for households who have timely completed the application process and who have been determined eligible.

(b) Filing applications.Each household wishing to participate in SNAP must file a separate application.~~See~~ Refer to OAC 340:50-5-1 for household definition.The designated head of household is not required to make the food benefit application.Applications may be made by a responsible household member or authorized representative.A responsible household member or authorized representative completes an authorization for release of information at the time of application, if necessary.Applications may be filed in person, electronically, or by mail.¢ 2

(1) Right to same day filing.Since the time limit for providing benefits is calculated from the date the application is actually received in the human services center (HSC) or submitted online, households are advised of their right to complete and file an application on the same day they contact ~~the HSC~~ OKDHS.They are also advised they do not have to be interviewed before filing the application and they may file an incomplete application ~~form~~ as long as the ~~form~~ application contains the applicant's name, address, and signature of either an adult member of the household or the household's authorized representative.Food benefits households are encouraged to file the application ~~form~~ on the same day they or their authorized representative ~~contacts the HSC~~ contact OKDHS.~~¢ 3~~

(A) ~~Application forms are~~ Form 08MP001E, Request for Benefits, is made readily accessible to potentially eligible households, groups, and organizations that assist persons in completing ~~application forms~~ applications for food benefits.

(B) If the household ~~has contacted the HSC~~ contacts OKDHS by telephone but is unable to file an application online at www.okdhslive.org or at the HSC on the same day, or the household has requested food benefits in writing, ~~the~~ HSC staff mails Form 08MP001E, Request for Benefits, to the household on the same day the written request or telephone call is received.¢ 3

(C) To facilitate participation in SNAP, households in which all members are applying for a State Supplemental Payment (SSP) or Temporary Assistance for Needy Families (TANF) must be allowed to apply for food benefits at the same time they apply for financial assistance.However, the household's eligibility and benefit level are based on food benefit eligibility criteria and the household is certified ~~in accordance with~~ per SNAP policy.Policy for taking and processing food benefit applications for SSP and TANF households are provided in OAC 340:50-11-20 through ~~340:50-11~~-~~115~~ 340:50-11-27.

(D) Immediately upon receipt in ~~the HSC~~ an OKDHS office, all ~~application forms~~ applications are screened to determine whether ~~or not~~ the household is entitled to expedited services.~~HSC screening procedures are instituted for screening applications received through the mail and applications filed in the HSC.~~All initial applicant households that qualify under the provisions in OAC 340:50-11-1 through 340:50-11-6 must receive expedited processing if certified for food benefits whether requested by the ~~client~~ household or not.When the household appears eligible for expedited services and meets the criteria at OAC 340:50-3-2(c), the worker postpones the interview requirement and approves the household for initial benefits.

(2) Head of household. A household may select, as head of household, an adult parent of children of any age living in the food benefit household, or an adult who has parental control over children ~~under 18~~ 17 years of age and younger living in the food benefit household provided all adult household members agree to the selection.

(A) Households select their head of household at each certification action or when there is a change in household composition.

(B) If all adult members do not agree to the selection or decline to select an adult head of household, the household may select another head of household or the worker may designate a head of household.

(C) In no event does the failure to select an adult who has parental control of children delay the certification or result in the denial of benefits for an otherwise eligible household.

(3) Authorized representative.An authorized representative is a person who is knowledgeable of the household circumstances and who is designated in writing by the head of the household, spouse, or other responsible household member to act on behalf of the household in applying for and obtaining food benefits.In the event the only adult member of the household is classified as a non-household member, that person may be designated as the authorized representative for minor household members.

(A) When an authorized representative has been designated in writing to make application on behalf of a household, the household is informed they will be held liable for any overissuance which results from erroneous information given by the authorized representative.When possible, the head of the household or spouse prepares or reviews the application, even though the authorized representative actually files the application and is interviewed.

(B) Employees of OKDHS and their relatives who are authorized to accept food benefits may not act as authorized representatives without the specific written approval of the local county director after a determination has been made that no one else is available to serve as the authorized representative.

(C) A disqualified person may not act as an authorized representative during the period of disqualification unless the person disqualified is the only adult member of the household able to act on its behalf and the ~~HSC staff~~ worker determines there is no one else available to serve as an authorized representative.

(4) Documentation and control of authorized representatives. The worker ensures an authorized representative is properly designated and has not been disqualified.¢ 4Limits are not placed on the number of households an authorized representative may represent.Care is taken by the worker to ensure the household:

(A) has freely requested the assistance of the authorized representative;

(B) circumstances are correctly reported; and

(5) Disqualification of authorized representative.An authorized representative is disqualified from serving as an authorized representative in SNAP for up to one year when evidence demonstrates the person has misrepresented a household's circumstances, has knowingly provided false information pertaining to the household, or has made improper use of benefits.Information indicating that a person should be disqualified as an authorized representative is forwarded to the Family Support Services Division (FSSD) SNAP Section, for a decision.The HSC is notified in writing of the decision.If the person is disqualified, appropriate notification is mailed to the household by FSSD SNAP Section staff.This provision does not apply to persons serving as authorized representatives for group homes or drug addiction and alcoholic treatment programs.

(c) Processing initial applications.The application date for online submissions is the date the household submits the application via the OKDHSLive! website as shown on the OKDHSLive! report form.When the HSC receives an application ~~form is received~~ that contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative, the ~~date of~~ household's application date is the date it is received and stamped into the HSC except as stipulated at per OAC 340:50‑9‑1(c) and ~~OAC~~ 340:50-9-6(e).When the application form has been signed by the responsible person or authorized representative for a household who is also applying for SSP or TANF, the application is processed ~~in accordance with~~ per OAC 340:50-11.¢ 5

(1) Normal processing standard for initial applications.The worker must provide eligible households who complete the initial application process with food benefits within 30 calendar days following the date the initial application was filed.

(2) Withdrawing of application.A household may voluntarily withdraw its application at any time prior to the determination of eligibility.¢ 6

(d) Second 30 days.A new application is not needed when a household fails to complete the application process within 30 calendar days if they provide the required verification within 60 calendar days.This includes verification waived for expedited services.When there is a break in the certification, the worker changes the application and certification dates ~~are changed~~ to the date the verification is provided.

INSTRUCTIONS TO STAFF 340:50-3-1

Revised ~~6-1-10~~ 6-1-12

1.The worker helps the household complete the application process ~~involves such actions as~~ by:

(1) making ~~application forms~~ applications available;

(2) ~~assisting a~~ helping the household ~~in the completion of an~~ complete the application;

(3) interviewing members of the household or the authorized representative;

(4) ~~providing~~ making necessary collateral contacts ~~for~~ or otherwise helping the household gather required verification as requested; ~~and~~

(5) providing Form 08MP006E, Information for Benefit Renewal, to the household and explaining benefit renewal procedures; and

~~(5)~~(6) preparing necessary documents to authorize the household to receive and use food benefits.

2.~~Forms 08MP001E, Request for Benefits; 08MP002E, Eligibility Information for Benefits; and 08MP003E, Responsibilities and Signature for Benefits, are used for an initial month application form.~~Methods the applicant may use to apply for food benefits include:

(1) completing the application electronically by:

(A) accessing www.okdhslive.org; or

(B) getting help from a community partner to complete the application on www.okdhslive.org;

(2) downloading a paper application from OKDHS - Forms and Applications for Service and completing, signing, and bringing, mailing, or faxing it to OKDHS; or

(3) going into the local human services center (HSC) to complete the application with a worker using the Family Assistance/Client Services (FACS) system.

3.If a person makes an oral request for benefits and states he or she cannot come to the HSC to file the application that day, the worker ~~can preserve this date as the date of application when a hardship exists~~ advises the person to file an application electronically at www.okdhslive.org or call 1-877-653-4798 to file an application by telephone.The worker can preserve this date as the date of application when a hardship exists.A hardship exists when the household states no one can come to the local ~~human services center (~~HSC) to file a signed application because of a situation beyond the household's control such as illness, disability, or lack of transportation.The worker must document in the Family Assistance/Client Services (FACS) case notes why the oral request date was used as the application date.

4.(a) The worker must enter information about the authorized representative in the Information Management System (IMS) using the computer transaction EBTU before an electronic benefit transfer (EBT) card can be issued and must enter the person's name and authorized representative designation in the ~~Family Assistance/Client Services (~~FACS) Case Information tab of the Interview Notebook.

(b) When the household reports it no longer wants an authorized representative or requests a new authorized representative, the worker must remove the authorized representative as soon as possible. This is done by removing the authorized representative's name from the FACS Case Info tab and deactivating the person on transaction EBTU.Immediate card cancellation helps avoid misuse of the ~~client's~~ household's food benefits by the current authorized representative.

5.(a) Initial month means the first month the household applies for food benefits following any period of time the household was not certified.

(b) When there is not an existing case number, the application is registered on the computer system through case number assignment.

(c) When there is an existing case number, the worker uses the existing case number ~~is used~~ and immediately registers the application ~~is registered immediately~~.

6.The worker documents in FACS case notes the reason for withdrawal, if ~~any was given by~~ the household gave a reason, and that contact was made with the household to confirm or attempt to confirm the withdrawal.~~The~~ When the worker makes contact, he or she advises the household ~~is advised~~ of its right to reapply at any time.

340:50-3-2. Interview process

Revised ~~6-1-11~~ 6-1-12

(a) Face-to-face interview.All households initially applying for food benefits, including those submitting applications electronically or by mail, must have a face-to-face interview with a worker except when the household:

(1) requests the face-to-face interview be waived because the household is unable to appoint an authorized representative and does not have a household member able to come into the human services center (HSC) because of hardship conditions.Hardship conditions include, but are not limited to:

(A) education, training, or work hours that make it difficult to come into the HSC during office business hours;

(B) illness or the need to care for a family or household member;

(D) transportation problems of any kind;

(E) residence in a rural area; or

(F) advanced age or disability; or

(2) is being recertified for food benefits.At ~~recertification~~ certification renewal, the interview may be conducted face-to-face or over the telephone.~~Recertification~~ Certification renewal interviews may be waived for households when all adult members are elderly or disabled and have no earned income.¢ 1

(b) Waiver of face-to-face interview.When the face-to-face interview is waived, the worker conducts the interview as soon as possible either by phone or at a location convenient to the household, such as a home visit.¢ 2

(1) The seven day expedited service or 30 calendar day processing standards apply.

(2) The home visit or telephone interview is scheduled in advance with the household.

(3) The household must provide the required verification.If the household is unable to furnish the required verification, the worker provides assistance.

(c) Postponed interviews.Households applying for food benefits ~~who~~ that complete and sign an online application or drop off, mail, or fax a complete and signed Form 08MP001E, Request for Benefits, to the HSC and appear eligible for expedited services per OAC 340:50-11-1 may have the interview postponed in certain circumstances.

(1) The interview may be postponed when the:

(A) ~~the~~ applicant's identity is verified; and

(B) ~~the~~ worker is unable to contact the household or determines that an interview cannot be scheduled within seven calendar days.¢ 3

(2) When the interview is postponed, the worker sends the household ~~is sent~~ Form 08AD092E, Client Contact and Information Request, setting an interview date and listing verification that must be provided before further benefits are approved.Per OAC 340:50-3-1 and 340:50-11-5, the interview must be completed and postponed verification provided within 30 calendar days of the application date in order to avoid a break in benefits.If the household completes the interview ~~is completed~~ and provides postponed verification ~~provided~~ within 60 calendar days of the date of application, a new application is not needed.Benefits are prorated from the date the interview is completed and verification provided.¢ 4

(d) Who must be interviewed.The person interviewed may be the head of the household, spouse, any other responsible member of the household, or an authorized representative who knows the household's circumstances.The household may bring any person of their choice to the face-to-face interview.

(e) Worker responsibilities during the interview.During the face-to-face interview, the worker:¢ 5

(1) reviews with the household the information on the application and resolves unclear and incomplete information;

(2) inquires whether changes have occurred in the household's income, deductions, or other circumstances since the application was filed;

(3) advises the household of its rights and responsibilities, including reporting requirements;

(4) conducts the face-to-face interview as an official and confidential discussion of household circumstances limited to facts related to food benefit eligibility factors;

(5) gives Form 08MP006E, Information for Benefit Renewal, to the household and explains benefit renewal procedures; and

~~(5)~~(6) ensures the household's right to privacy is protected.

(f) Scheduling interviews.The worker schedules the face-to-face interview or alternate interview method ~~is scheduled~~ as promptly as possible after the filing of the application to ensure the household, if eligible, may participate within 30 calendar days following the date of application.If When the person to be interviewed is employed, the worker schedules an appointment to minimize the person's absence from work even if it must be scheduled outside normal business hours.If When the person is unable to attend a scheduled face‑to-face interview for any of the reasons stated in (a) of this Section, the worker offers to waive the face-to-face interview and schedule a telephone interview or home visit.

(1) Timely ~~reapplications~~ certification renewals.A When the household ~~making~~ submits a timely ~~reapplication~~ certification renewal, ~~has~~ the worker schedules the interview ~~scheduled~~ as early as possible, but not later than the last day of the month.

(A) If the household fails to appear for the first interview, ~~further interviews are not scheduled~~ the worker does not reschedule the interview unless the household requests another appointment by the 30th calendar day after the application date.¢ 6

(B) Upon request, the worker reschedules the interview at the earliest possible date.

(2) Untimely ~~reapplications~~ certification renewals and initial applications.A When the household ~~making~~ submits an untimely ~~reapplication~~ certification renewal or an initial application ~~is scheduled for~~, the worker schedules an interview as early as possible, but not later than 20 calendar days from the application date.

(A) If the household fails to appear for the scheduled interview, ~~further interviews are not scheduled~~ the worker does not reschedule the interview unless the household requests another appointment by the 30th calendar day after the application date.¢ 6

(B) Upon request, the worker reschedules the interview at the earliest possible date.

(g) Household cooperation.To determine eligibility, the application must be completed and signed, the household or its authorized representative must be interviewed, and required information on the application verified to determine eligibility.

(1) If the household refuses to cooperate with the worker in completing this process, the application is denied at that time.

(A) For a determination of refusal to be made, the household must be able to cooperate, but clearly demonstrate that it will not take the necessary actions required to complete the application process.

(B) The household is also ineligible if it refuses to cooperate in any subsequent ~~review of eligibility~~ benefit renewal, ~~including~~ ~~reviews~~ review generated by reporting changes, ~~recertifications~~ certification renewals, or an Office of Inspector General Quality Control (QC) review.

(2) If an application is denied or food benefits are ~~terminated~~ closed for refusal to cooperate, the household may reapply, but may not be determined eligible until it cooperates.

(3) If food benefits have been ~~terminated~~ closed for refusing to cooperate with the QC reviewer and ~~reapplication is made~~ the household reapplies after 95 125 calendar days from the end of the QC review period, October 1 through September 30, the household must provide verification of eligibility factors only for the ~~reapplication~~ new application.For example, if a household had a QC review during the October ~~2009~~ 2010 through September ~~2010~~ 2011 annual QC review period and food benefits were ~~terminated~~ closed for refusal to cooperate with the QC review, the household is required to only provide verification for the ~~reapplication only~~ new application if it is filed after ~~January 2, 2011~~ February 2, 2012.

INSTRUCTIONS TO STAFF 340:50-3-2

Revised ~~6-1-11~~ 6-1-12

1.(a) ~~Recertification~~ Certification renewal interviews may be waived for households in which all adult members are elderly or disabled and have no earned income when:

(1) the ~~recertification~~ certification renewal is complete and received timely by the Oklahoma Department of Human Services (OKDHS) per OAC ~~340:50-9-1 and~~ 340:50-9-3 and 340:50-9-4;

(2) an interview has not been requested by the household or authorized representative;

(3) all required verification, if requested on Form 08AD092E, Client Contact and Information Request, is acceptable and received within ten calendar days; and

(4) the household continues to be eligible to receive benefits.

(b) An interview must be completed when:

(1) the household or authorized representative requests an interview;

(2) any information appears questionable, contradictory, or incomplete; or

(3) it appears the household is ineligible for continued benefits.

2.When the human services center (HSC) face-to-face interview is waived and an alternate interview method is used, the worker must document in the Family Assistance/Client Services (FACS) case notes the reason the person was unable to come to the HSC for the face-to-face interview and the alternate interview method used.

3.(a) The worker documents in FACS case notes:

(1) all attempts to contact the household; and

(2) the reason for postponing the interview.

(b) The worker certifies the SNAP tab in the FACS Eligibility Notebook with an S in the Action Taken field and an EO in the Reason field.

4.When the interview is postponed, the worker must schedule an interview within 30 calendar days of the application date.

5.In order to conduct an in-depth interview, the worker must review previous applications, other information contained in the food benefit case record, and all related case records prior to the interview.

6.If a member of the food benefit household or the household's authorized representative fails to appear for, or comply with the first scheduled interview, the worker puts the application in FDENY status using reason 59.This will issue the Notice of Missed Interview (NOMI).

340:50-3-3. Verification

Revised ~~6-1-10~~ 6-1-12

(a) General standards for verification.Verification is the use of third party information or documentation to confirm the accuracy of statements made on the application ~~form~~.For specific policy regarding required verification of non-financial eligibility criteria ~~see~~ refer to OAC 340:50-5, and ~~for~~ of financial eligibility criteria ~~see~~ refer to OAC 340:50‑7.~~The~~ When the household ~~is provided a clear written statement explaining what the household must do to cooperate in obtaining verification and completing the application~~ must provide documentation to verify eligibility before receiving or continuing to receive benefits, the worker provides Form 08AD092E, Client Contact and Information Request, to the household giving at least ten calendar days to provide needed verification.¢ 1

(b) Sources of verification.Sources of verification that provide the worker with evidence that may be used to establish eligibility include, but are not limited to (1) through (4) in this subsection.

(1) Documentary evidence.The worker uses documents, whenever possible, as the primary source of verification.Examples of documentary evidence include wage stubs, rent receipts, and utility bills.

(A) Although documentary evidence is the primary source of verification, verification cannot be limited to a single document or source.

(B) When information from another source contradicts statements made by the household, the household is immediately afforded the opportunity to resolve the discrepancy.

(C) When documentary evidence cannot be obtained, the worker uses alternate sources of verification, such as collateral contacts and home visits.

(D) In all cases, the worker records the method of verification in the case record.

(2) Collateral contacts.The worker has the responsibility to verify all factors of eligibility for food benefits which may require one or more collateral contacts.The client's signature on the application for food benefits grants the necessary authorization for securing required information or verification.

(A) A collateral contact is a verbal confirmation of a household's circumstances by a person outside the household.The collateral contact may be made either in person or over the phone.

(B) The acceptability of a collateral contact is not restricted to a particular person, but may be anyone that can be expected to provide an accurate third party verification of the household's statement.Examples of acceptable collateral contacts are:

(i) employers;

(ii) community action groups;

(iii) migrant service agencies;

(iv) neighbors of the household; or

(v) other persons outside the household.

(C) If the collateral source is one which requires written authorization before supplying information to the Oklahoma Department of Human Services (OKDHS), the worker obtains the household member's signature ~~of the client~~ on Form 08AD060E, Request for Release of Information~~, must be obtained~~. If information is needed regarding another adult household member, that person may need to sign Form 08AD060E before the collateral source agrees to release information.

(3) Home visits.A home visit can be used as verification if documentary evidence cannot be obtained from other sources and the visit is scheduled in advance with the household.

(4) Field investigation.The worker conducts an intensive field investigation when a household is suspected of withholding information or of intentional program violations.A field investigation is made after the worker has exhausted all other methods of verification and still does not have enough evidence to certify, deny, or close food benefits.

(A) The intensive field investigation includes all questionable factors of eligibility.The worker makes every effort to obtain the most reliable second-party verification available.Contacts may include, but are not limited to, the applicant or recipient, other adult household members, employers, banks, government agencies, landlords, neighbors, and utility companies.The ~~client~~ household does not have to provide specific written authorization unless it is required by the collateral source before they can or will furnish the requested information.

(B) Persons who are contacted for information related to a ~~client's~~ household's eligibility must be advised of the reason the information is needed and how it will be used.If the person providing the information is unwilling to have his or her identity revealed to the ~~client~~ household, the information is not used to make an eligibility decision nor is it recorded in the case record.The worker must attempt to verify the information using an alternate source.

(C) The worker contacts the ~~client~~ household when the information gathered during the investigation differs from that given by the ~~client~~ household.The ~~client~~ household is given the opportunity to clear up conflicting information when possible.When the ~~client~~ household cannot be contacted, the worker documents, in the case record, what attempts were made.

(D) The worker documents in the case record all verified evidence gathered during the course of the investigation.This documentation must include:

(i) what information was received, dates related to the information, source of the verification, and the date the information was received;

(ii) a complete explanation of conflicting information and what attempts were made to resolve the differences with the ~~client~~ household; and

(iii) when the ~~client~~ household refuses to cooperate in determining eligibility, information to clearly show that the ~~client~~ household was given the opportunity to cooperate and was able to do so.

(E) When the eligibility determination is delayed due to a field investigation, the worker manually issues Form 08MP039E, Notice to Client of Action Taken, informing the ~~client~~ household of the pending status of the application.

(1) Household responsibility. The household has primary responsibility for providing documentary evidence to support its income statements and to resolve any questionable information.Households may supply documentary evidence in person, through the mail, or through an authorized representative.

(2) Worker responsibility.The worker assists the household in obtaining this verification provided the household is cooperating with the worker.

(A) The worker accepts any reasonable documentary evidence provided by the household and is primarily concerned with how adequately the verification confirms ~~the statement~~ statements on the application.

(B) If it would be too difficult or impossible for the household to obtain documentary evidence in a timely manner, the worker offers assistance to the household in obtaining the documentary evidence.

(C) The household is not required to provide multiple sources of verification when the household has already provided information which adequately supports the statements on the application.However, the worker may require households to provide additional verification when the existing verification is incomplete.

(D) An application is never denied solely because a person outside the food benefit household fails to cooperate in providing information, verification, or other help needed to process an application. Disqualified or ineligible persons are considered members of the food benefit household for this provision.

(d) Documenting case files.

(1) Case files.Case files must be documented in detail to support eligibility, ineligibility, and benefit level determinations.¢ 2

(2) Documentation.Documentation must include:

(A) sources of verification, dates of the sources of verification, and amounts verified;

(B) computations used to arrive at monthly income deductions;

(D) what documentation was used to resolve the questionable information; and

(E) the reason an alternate source of documentation, such as a collateral contact or home visit, was made.

(e) Questionable information.Prior to certification, the worker must verify questionable factors of eligibility, including all factors affecting household composition, only if these would affect a household's entitlement.A household's report of expenses which exceed its income prior to deductions may be grounds for a determination that further verification is required.

(1) Questionable information. To be considered questionable, the information on the application must be inconsistent with:

(A) statements made by the applicant;

(B) other information in the case record; or

(2) Documentation. There must be documentation as to:

(A) the reason the information was considered questionable;

(B) what documentation was used to resolve the questionable information; and

(3) Determination. When determining if information is questionable, the worker bases the decision on each household's individual circumstances.

INSTRUCTIONS TO STAFF 340:50-3-3

Issued ~~6-1-08~~ 6-1-12

1.The worker completes and gives Form 08AD092E, Client Contact and Information Request, to the ~~client~~ household listing what verification is needed to determine eligibility.The worker individualizes the form and only checks the items required for that household based on program specific policy.For example, the worker does not check resources when resources are not a factor of eligibility or self-employment when the household did not report that someone in the household was self-employed.

(1) When the household fails to provide all or part of the requested verification, the worker does not send a new Form 08AD092E.

(2) When the worker requests verification not listed on the original Form 08AD092E, he or she must provide a new Form 08AD092E giving the household at least ten calendar days to provide the additional information.

(3) When the client contacts the worker to check on the status of the application, the worker verbally advises the client of any required verification still needed and what is the 30th calendar date following the application date.The worker may also resend the original Form 08AD092E with the verification not provided circled when there is a reasonable period of time for the household to receive the form and respond.

(4) In order to provide better customer service, when time permits, the worker may initiate a call to the client to advise him or her of still needed verification and what is the 30th calendar date following the application date.The worker does not resend the original Form 08AD092E unless he or she is first able to explain why it is being sent and there is a reasonable period of time for the household to receive the form and respond.

(5) The worker must record all face-to-face, verbal, and written household contacts in Family Assistance/Client Services (FACS) Case Notes including:

(A) the date of the contact;

(B) whether the contact was face-to-face, verbal, or in writing;

(C) the name of the person contacted;

(D) whether the contact was worker or client initiated; and

(E) when verbal:

(i) any information provided by the client regarding eligibility;

(ii) what the worker advised the client regarding outstanding verification, if applicable;

(iii) whether the worker resent the original Form 08AD092E or sent a new Form 08AD092E requesting additional verification; and

(iii) any other information the worker gave regarding the application process and time frame.

2.When the worker determines that information is questionable, he or she must explain ~~in the Family Assistance/Client Services (~~FACS) Case Notes why the information is considered questionable.

SUBCHAPTER 5. NON-FINANCIAL ELIGIBILITY CRITERIA

PART 1. HOUSEHOLD DEFINITION

340:50-5-3.Persons who cannot be separate food benefit households

Revised ~~6-1-11~~ 6-1-12

Separate food benefit household status may not be granted to persons living together, as described in (1) through (4), even if they customarily purchase food and prepare meals for home consumption separate and apart from the others, except as otherwise specified in this ~~section~~ Section.Separate status may not be granted to:

(1) a spouse, ceremonial or common law, of a household member;

(2) children, 21 years of age and ~~under~~ younger, living with their natural or adoptive parent(s) or stepparent(s);

(3) children, 18 17 years of age and ~~under~~ younger who live with and are under the parental control of an adult who is someone other than their natural or adoptive parent(s) or stepparent(s).~~¢ 1~~

(A) Per Chapter 4 of Title 10 of the Oklahoma Statutes, a minor may be considered emancipated if the district court confers upon the minor the rights of majority.

(B) The worker considers the child to be under parental control for purposes of this provision when he or she is financially or otherwise dependent on a member of the household.¢ 2 1

(C) This provision does not apply to foster children or children placed in the home by the Developmental Disabilities Services Division (DDSD); or

(4) persons who live together and customarily purchase and prepare meals together except ~~as described in~~ per OAC 340:50-5-1(5).

INSTRUCTIONS TO STAFF 340:50-5-3

Issued ~~08-1-11~~ 6-1-12

1.~~Children 18 years of age or older can be a separate household in this instance.~~

2. (a) When the adult provides financial support for the child, the worker must also consider the relationship between the adult and child before determining ~~that~~ the adult exercises parental control over the child.For example, a 16 year old girl lives with her 19 year old boyfriend.There are no other adults in the home.Due to the nature of their relationship as a couple, there is no parental control.The 16 year old is acting as an adult and can be considered head of her own household.

(b) Otherwise dependent means the adult provides guidance and exercises responsibility for the child as a parent does.For example, a 17 year old boy lives with his aunt and she provides guidance and exercises responsibility for him.He cannot be considered a separate food benefit household even if she does not provide financial support.

PART 3. SPECIAL HOUSEHOLDS

340:50-5-28. Shelter for battered women and children

Revised ~~6-1-11~~ 6-1-12

Residents of shelters for battered women and children may file an application and are certified using program requirements applicable to any other household.~~To be eligible for special eligibility rules in this Section, the shelter for battered women and children must provide a majority of the residents' meals.¢ 1~~Residents of shelters providing meals voluntarily apply for food benefits on their own behalf.They may name a shelter member or other person to act as an authorized representative for application and certification purposes; however, the residents are expected to control the use of their own ~~allotment~~ food benefits.

(1) Verification for shelter status.~~Human services center (HSC)~~ Oklahoma Department of Human Services (OKDHS) staff are responsible for verifying ~~that~~ the shelter for battered women and children meets the definition specified in OAC 340:50-5-7(b).

(A) Verification of non-profit status is accomplished by seeing correspondence from Internal Revenue Service (IRS) stipulating ~~that~~ the organization is tax-exempt as a charitable or educational entity under Section 501(c)(3) of the IRS code.

(B) If IRS documentation is not available, the worker sends a copy of the shelter's by-laws to the Family Support Services Division Supplemental Nutrition Assistance Program (SNAP) Section.

(D) ~~HSC~~ OKDHS staff are responsible for keeping a list of shelters in their county for battered women and children ~~in their county~~ whose status has been verified and must also keep documentation of that verification.

(2) Separate households. Shelter residents who are included in another active household may participate as a separate household if the active household which includes them is the household containing the person who subjected them to abuse. They may receive an additional allotment as a separate household only once a month.The worker takes prompt action to remove shelter residents from the active household's composition and allotment.

(3) Income and expenses.The worker certifies residents applying as a separate household solely on the basis of their own income and the expenses for which they are responsible.Income and the expenses of their former household are ~~disregarded~~ excluded.Room payments to the shelter are considered as shelter expense.

~~INSTRUCTIONS TO STAFF 340:50-5-28~~

~~Issued 8-1-11~~

1.Residents of shelters for battered women and children may receive benefits regardless of whether the shelter provides the majority of the meals as long as the shelter meets the requirements described in this Section.

PART 5. STUDENTS, STRIKERS, RESIDENT FARM LABORERS, MIGRANT HOUSEHOLDS, SPONSORED ALIENS, AND SCHOOL EMPLOYEES

340:50-5-45. Students

Revised 6-1-10

(a) Student classification.Persons are classified as students when they are enrolled at least half-time in an institution of higher education ~~are considered students through vacation and breaks as well as normal periods of class attendance~~.Persons who graduate, are expelled or suspended, dropout, or do not intend to register for the next normal school term, excluding summer school, are no longer considered students.Student enrollment status begins on the first day of the school term of the ¢ 1

(1) An institution of higher education. includes:~~¢ 1~~

(A) business, technical, trade, or vocation school that normally requires a high school diploma or equivalency certificate to enroll.Schools or courses that do not require a high school diploma or equivalency certificate are not considered an institution of higher education; ¢ 2 or

~~(1)~~(B)A a college or university ~~which~~ that offers degree programs ~~is considered an institution of higher education~~ even when a high school diploma or equivalency certificate is not required to enroll.A college includes a junior, community, two-year, or four-year college, or university.

~~(A)~~(i) Students enrolled at least half time in the regular curriculum are considered enrolled in higher education.

~~(B)~~(ii) Persons enrolled at a college or university in special programs~~, such as courses for English as a second language, or other courses which are not part of the regular degree programs~~ are not considered enrolled in higher education.~~¢ 2~~Special programs include:

(I) courses for English as a second language;

(II) other courses not part of the regular degree programs; or

(III) Temporary Assistance for Needy Families (TANF) Special Projects Expansion Project.

(2) ~~Business, technical, trade, or vocational schools which normally require a high school diploma or equivalency certificate for enrollment in the curriculum are also considered higher education.¢ 3~~Student status begins on the first day of the school term for students who have:

(A) not attended an institution of higher education previously; or

(B) had a break of more than a semester since they last attended.

(3) ~~Courses in business, technical, trade, or vocational schools which do not require a high school diploma or equivalency certificate for enrollment are not considered higher education.¢ 4~~Persons are classified as students during normal periods of class attendance and through vacations and other breaks.

(4) Persons who graduate, are expelled or suspended, dropout, or have completed school and do not intend to register for the next normal school term, excluding summer school, are no longer considered students.

(b) Students not subject to eligibility restrictions.The students described in this subsection may participate in the Supplemental Nutrition Assistance Program (SNAP) if all other eligibility criteria are met.Eligibility restrictions discussed in subsection (c) of this Section do not apply if the students are:

(1) under age 18 or age 50 or older;

(2) physically or mentally unfit.

(A) If mental or physical unfitness is claimed and the unfitness is not evident to the worker, verification may be required.

(B) Appropriate verification may consist of:

(i) receipt of temporary or permanent disability benefits issued by governmental or private sources;

(ii) participation in a state vocational rehabilitation (VR) program; or

(iii) a statement from a physician or licensed or certified psychologist;

(3) attending high school;

(4) participating in an on-the-job training (OJT) program.Students are considered participating in OJT programs only during the period of time the students are being trained by the employer;

(5) attending an institution of higher education less than half-time; or

(6) enrolled half-time or more in schools and training programs which are not institutions of higher education.

~~(1)~~ Persons between the ages of 18 and 50 who are physically and mentally fit and are enrolled at least half-time in an institution of higher education may participate in the SNAP only if:

~~(A)~~(1) employed for an average of 20 hours per week or 80 hours per month and paid for that employment. Earning wages equal to the federal minimum wage times 20 is not a substitute for this restriction; ¢ 53

~~(B)~~(2) self-employed for an average of 20 hours per week or 80 hours per month and receives weekly earnings at least equal to the federal minimum wage times 20;

~~(C)~~(3) participating in a state or federally financed work study program during the regular school year.

~~(i)~~(A) To qualify under this provision, the students must be approved for work study at the time of application for food benefits.

~~(I)~~(i) The work study must be approved for the school term and the students must anticipate actually working during the school term.

~~(II)~~(ii) The exemption begins with the month the school term begins or the month work study is approved, whichever is later.

~~(III)~~(iii) Once begun the exemption continues until the end of the month the school term ends, or it becomes known the students have refused an assignment.

~~(ii)~~(B) The exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in a work study program during the break;

~~(D)~~(4) responsible for the care of a dependent household member under the age of six.Only one person may be considered as responsible for a dependent child.The caretaker need not be the person providing for the child's support;¢ 64

~~(E)~~(5) responsible for the care of a dependent household member six through 11 years of age when the worker determines that adequate child care is not available to enable the student to attend class and work an average of 20 hours per week or participate in a state or federally financed work study program.The reasons for lack of adequate child care include, but are not limited to, location of the nearest child care facility or availability of funds to pay child care expenses.Determination of availability of adequate child care is made on a case-by-case basis.Only one person may be considered as responsible for a dependent child.The caretaker need not be the person providing for the child's support;¢ 75

~~(F)~~(6) single parents enrolled in an institution of higher education on a full‑time basis as determined by the institution and responsible for the care of a dependent child under age 12, regardless of the availability of child care.

~~(i)~~(A) This provision applies in those situations where only one natural, adoptive, or stepparent regardless of marital status is in the same food benefit household as the child.

~~(ii)~~(B) If no natural, adoptive, or stepparent is in the same food benefit household as the child, another full-time student in the same food benefit household as the child may qualify for eligible student status under this provision if he or she has parental control over the child and is not living with his or her spouse;

~~(G)~~(7) Temporary Assistance for Needy Families (TANF) recipients; or

~~(H)~~(8) assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the employment and training programs identified in (A) through (E) of this paragraph."In compliance with" means the person self-enrolled in the school during the period of time he or she was enrolled in an employment and training program and the program has a component for enrollment in an institution of higher education and accepts the placement.¢ 6Employment and training programs include:

~~(i)~~(A) the Workforce Investment Act (WIA) Program;

~~(ii)~~(B) a food benefit employment and training program;

~~(iii)~~(C) the Job Opportunities and Basic Skills (JOBS) program under Title IV of the Social Security Act;

~~(iv)~~(D) a program under Section 236 of the Trade Act of 1974 currently known as The Trade Adjustment Assistance Program and administered by the Oklahoma Employment Security Commission; or

~~(v)~~(E) a state or local employment or training program, as determined appropriate by the United States Department of Agriculture, Food and Nutrition Service (FNS).

~~(2) Only one person may be considered as responsible for a dependent child.The caretaker need not be the person providing for the child's support.~~

(d) Income and deductible expenses of an ineligible student.When the student is not eligible to receive food benefits, he or she is considered a non-household member per OAC 340:50-5-5.His or her income is not considered and household expenses may be prorated per OAC 340:50-5-6.

INSTRUCTIONS TO STAFF 340:50-5-45

Revised ~~6-1-10~~ 6-1-12

1.~~Student status begins on the first day of the school term for students who have:~~

~~(1) not attended an institution of higher education previously; or~~

~~(2) had a break of more than a semester since they last attended.~~

The term "at least half-time" is determined by each institution of higher education and most often is at least six hours.

2.~~Persons participating in a Non-Temporary Assistance for Needy Families (TANF) Special Projects Expansion Project are not considered enrolled in higher education.~~

3.(a) "Normally Requires" means a student is required to have a high school diploma or equivalency certificate, but if the student does not have either, he or she may be enrolled by passing a special entrance examination.If a high school diploma or equivalency certificate is only required prior to completion of coursework, as opposed to required for enrollment, students are not considered to be attending an institution of higher education.In addition, programs designed to help a person pass the General Educational Development (GED) test do not qualify the person as attending an institution of higher education.

4.(b) Students engaging in ~~on-line~~ online courses or telecourses are considered attending an institution of higher education if the school requires the student to have a high school diploma or equivalency certificate for enrollment and the student is enrolled at least half time.

53.The pay can be at any rate but the hours worked must average 20 per week or 80 per month.

64.The dependent child must be included in the food benefit.A dependent child is defined as the biological, step, or adopted child of the student.

75.When both parents are students, only one parent can be exempt as caretaker of a child.In order for both parents to be exempt as caretaker, there must be at least two children under age six and each parent is caretaker for a different child at a different time of day.For example, the mother attends school at night and watches one of the children during the day, while the other child is in kindergarten and the father is in school.The father watches both children in the evening while the mother is in school.

6.An example of an employment and training program that meets the "in compliance with" criteria is the Workforce Investment Act (WIA) Program.The WIA program does not assign or place persons in an institution of higher education, but have a higher education component and its staff encourage self-enrollment in institutions of higher education described at (a)(1)(A) and (B) of this Section for some, if not all, of its enrollees.

SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA

PART 3. INCOME

340:50-7-29. Income inclusions

Revised ~~6-1-11~~ 6-1-12

(a) Sources of income considered. The worker considers all household income, unless specifically excluded at OAC 340:50-7-22, in determining monthly gross income.Income is classified as earned or unearned.

(1) When one or more household members are absent from the home, before deciding whether to consider the absent household member's income, the worker must determine if the person returns to the home for part of the month.

(A) ~~When the household member does not return for part of the month, per~~ Per OAC 340:50-5-2, the worker does not include the absent member in the benefit amount and only counts the portion of his or her income that he or she makes available to the rest of the household when the household member does not return for part of the month.¢ 1

(B) When the household member returns for part of each month, the worker includes him or her in the benefit amount and counts all of his or her income unless excluded at per OAC 340:50-7-22.

(2) Per OAC 340:50-5-5, the household has the option of including a child receiving a foster payment, that includes a payment for kinship care, in the food benefit.When the household chooses not to include the child receiving a foster care payment in the food benefit, the worker does not count the child's income, including the foster payment.

(3) When the household adopts a child previously in the custody of the Oklahoma Department of Human Services (OKDHS) and receives an adoption subsidy payment for the child, the worker includes the child in the food benefit and counts the child's income, including the adoption subsidy payment.~~¢ 2~~

(4) When a member of the household becomes the guardian of a child and receives a guardianship payment from OKDHS, the payment is considered as income.The child for whom the payment is received must be included in the food benefit.

(b) Earned income.Earned income is income which a household receives in the form of wages, commission, self-employment, or training allowances and for which a person puts forth physical labor.Temporary disability insurance payments and temporary worker's compensation payments are considered earned income if payments are employer funded and the person remains employed.The types of earnings listed in (1) through (4) of this subsection, including money from the sale of whole blood or blood plasma, are considered earned income.

(1) Wages.The worker counts as earned income all wages and salaries for services performed as an employee, including sick pay paid by the employer to an employee who plans to return to work when recovered. ¢ 32This includes wages garnisheed or diverted and paid to a third party for a household's expenses.¢ 43Countable wages for military personnel include ~~Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ), and~~ any allowance included on the earnings statement, such as the Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS).

(2) Self-employment.The worker determines the household's total gross income from a self-employment enterprise per procedures described at per OAC 340:50-7-30.

(3) Title I payments of the Domestic Volunteer Services Act.Countable earned income includes payments paid to a household member under Title I of the Domestic Volunteer Services Act of 1973 as amended [Public Law (P.L.) 93-113] unless excluded per OAC 340:50-7-22.

(4) On-the-job training (OJT).The worker counts income earned in ~~on-the-~~job training OJT positions as earned income.This includes ~~on-the-job training~~ OJT provided under Section 204(b)(1)(c) or Section 264(c)(1)(A) of the Workforce Investment Act for persons 19 years of age or older.¢ 54

(c) Unearned income.In general, unearned income is that income which a household receives and is not in the form of wages, self-employment, or training allowances and for which a person does not put forth physical labor.The types of income listed in (1) through ~~(5)~~(6) of this subsection, while not all inclusive, are considered unearned.

(1) Assistance payments.The worker counts payments from a federally aided public assistance program, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or assistance programs based on need, such as State Supplemental Payments as unearned income.

(A) A household's food benefit amount does not increase when the benefit received from another program is reduced, suspended, or terminated because of a penalty imposed for an intentional failure to comply with a requirement of that program.The other program must be a means-tested, federal, state, or local welfare or public assistance program which is governed by welfare or public assistance laws or regulations and which distributes public funds, such as, SSI and TANF.OAC 340:10‑2‑2 explains the TANF penalty considered for Supplemental Nutrition Assistance Program (SNAP).¢ 65

(i) When a worker is not able to obtain the necessary information and cooperation from another federal, state, or local means‑tested welfare, or public assistance program to comply with the provision in (A) of this paragraph, ~~Oklahoma Department of Human Services (~~OKDHS) is not held responsible.The worker must make a good faith effort to get the needed information and record the details and results of this effort in the case file.

(ii) The worker does not reduce, suspend, or terminate the household's current food benefit amount when the benefits under another assistance program are decreased.

(iii) When the worker adds eligible members to the food benefit, the benefit must be adjusted regardless of whether the household is prohibited from receiving benefits for the additional member under another federal, state, or local welfare or public assistance means-tested program.

(iv) Changes in the household circumstances which are not related to the penalty imposed by another federal, state, or local welfare or public means-tested assistance program are not affected by the provision in (A) of this paragraph.

(v) The application of the provision in (A) of this paragraph applies for the duration of the imposed penalty.

(B) The provision in (A) of this paragraph does not apply to persons or households subject to disqualification from SNAP for noncompliance with a comparable work requirement under Title IV of the Social Security Act or an unemployment compensation work requirement.

(2) Pension and Social Security.Annuities, pensions, retirement, veterans' or disability benefits, workers' or unemployment compensation, survivors' or Social Security benefits, and strike benefits are unearned income.The worker considers disability payments as:

(A) unearned income when the person is no longer considered an employee of the company and an agency outside of the company pays the disability benefits; and

(B) earned income when the person is still considered an employee of the company and the company pays the disability benefits.

(3) Support and alimony.The worker counts as unearned income support and alimony payments paid directly to the household from non-household members.¢ 76The worker also counts as unearned income, money deducted or diverted to a third party to pay a household expense when the court order directs ~~that~~ the payment be made to the household.The worker does not count as income money the court order states must be paid to a third party.¢ 87

(4) Grants, dividends, royalty, and interest payments.Payments from government sponsored programs, such as Agricultural Stabilization and Conservation Service Programs, grants, dividends, royalties, interest, and all other direct money payments from any source which can be construed to be a gain or profit are considered as income.The worker treats income from these sources as unearned income.The household must provide proof of income from these sources so income can be averaged to determine monthly countable income.

(5) Monies which are withdrawn or dividends which are or could be received by a household from trust funds.Dividends which the household has the option of either receiving as income or reinvesting in the trust are considered as income in the month they become available to the household.

(6)Department of Veteran's Affairs (VA) Aid and Attendance.When a person receives VA Aid and Attendance income and does not pay someone outside the food benefit household to care for him or her, this is countable income.Any portion of the VA Aid and Attendance paid to someone outside the food benefit household for care is excluded.

(d) Income of disqualified or ineligible household members.OAC 340:50-5-10.1 gives a complete list of reasons for disqualification of household members.~~Income~~ The worker counts the income of disqualified persons and unqualified aliens ~~is counted~~ as indicated in paragraphs (1) and (2) of this subsection.

(1) Income of a person disqualified for failure to comply with food benefit Employment and Training (E&T) Program requirements, a fleeing felon disqualification, or willful misrepresentation or fraud.All income of a person disqualified for failure to comply with food benefit E&T requirements, a fleeing felon disqualification, or willful misrepresentation or fraud, is counted in it's entirety as available to the remaining household members.The worker does not prorate utility, medical, dependent care, and excess shelter deductions.

(2) Income of persons disqualified for reasons other than willful misrepresentation, a fleeing felon disqualification, or failure to comply with E&T requirements. The worker prorates the income of persons disqualified for reasons other than those stated in paragraph (1) of this subsection among all household members.

(A) A pro rata share of the income of a disqualified person is considered as income available to the remaining members.The worker calculates the pro rata share by first subtracting the allowable exclusions from the disqualified member's income and dividing the income evenly among the household members, including the disqualified member.

(B) The worker counts all but the disqualified member's share as income available to the remaining household members.The earned income deduction from OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, applies to the prorated income attributed to the household if it was earned by the disqualified member.

(C) The portion of the household's allowable shelter and dependent care expenses that are either paid by or billed to the disqualified member is divided evenly among the household members, including the disqualified member.When the household is using the utility standard, it ~~too~~ is evenly prorated.All but the disqualified member's share is considered as a deductible shelter expense for the remaining household members.

(3) Determining eligibility and benefit level.The worker does not consider the needs of a disqualified or ineligible household member when determining the household's size for purposes of assigning a benefit level to the household or comparing the household's monthly income with the income eligibility standard.

INSTRUCTIONS TO STAFF 340:50-7-29

Revised ~~6-1-11~~ 6-1-12

1.(a) Examples of household members who do not return for part of the month include persons away from home due to military deployment or employment in another state.

(b) When the absent member makes all or part of his or her income available to the rest of the household, the worker counts it as a contribution.

(c) When the absent member deposits his or her wages in a joint bank account, the worker only counts the portion of the wages the absent member states is for the household's use.

2.When a member of the household becomes the guardian of a child and receives a guardianship payment from the Oklahoma Department of Human Services (OKDHS), the payment is considered as income and the child must be included in the food benefit.

32.Only the excess benefit allowance, after all insurance costs are deducted, is considered as income for persons whose employers pay a benefit allowance to purchase insurance.Examples of insurance include life, health, dental, vision, accidental death and dismemberment, and insurance for dependents.

43.Examples of wages garnisheed or diverted and paid to a third party for a household's expenses include wages withheld to pay:

(1) child support;

(2) rent, even if the employer is also the landlord; or

(3) the employer for uniforms or tools required to be purchased for use on the job.

54.This provision does not apply to household members ~~under 19~~ 18 years of age and younger who are under the parental control of another adult household member, regardless of school attendance.For the purpose of this provision, earnings include monies paid under the Workforce Investment Act and monies paid by the employer.

65.~~See~~ Refer to OAC 340:10-2-2 to determine when Temporary Assistance for Needy Families (TANF) penalty income can be removed.

76.The worker counts child support as income to the parent, not the child.The worker counts cash medical payments as income when the child does not receive a SoonerCare (Medicaid) benefit.The worker verifies if the household receives cash medical by viewing the KI1 screen.

(1) The worker documents child support in Family Assistance/Client Services (FACS) case notes and codes it as income in FACS on the Income tab for the child, even though it is considered income to the parent, if the child is included in the food benefits unless:

(A) child support is paid to a parent whose child is no longer in the food benefit; or

(B) the parent is an ineligible or disqualified household member.

(2) In the circumstances listed in (A) or (B) of this Instruction, the worker codes the child support on the Income tab for the adult as a contribution.

87.(a) This is an example of when a payment to a third party counts as income.The household receives $400 in court-ordered monthly child support payments.At ~~review~~ benefit renewal the household reports that the non-custodial parent now pays $200 of the $400 directly to a creditor of the food benefit household.In this instance the worker continues to count the entire $400 as unearned income because the payment is taken from money that is owed to the household.

(b) This is an example of when a payment to a third party does not count as income.The household receives $400 in court-ordered child support.In addition, the court order directs the non-custodial parent to pay $200 to a bank for repayment of a loan.The worker does not count the additional $200 as income because the court order did not direct this payment be made to the household.

340:50-7-30. Self-employed households

Revised ~~6-1-11~~ 6-1-12

(a) A person is considered self-employed when:

(1) he or she declares himself or herself to be self-employed;

(2) there is an employer/employee relationship and the employer does not withhold income taxes or Federal Insurance Contributions Act (FICA), even if required by law to do so; or

(3) the employer withholds taxes and the person provides proof he or she files taxes as self-employed.

(b) ~~Households~~ Self-employment income received by household members whose income is derived ~~either wholly or in part~~ from a self-employment enterprise owned solely or in part by the household member or when the household member works for an employer, but is considered self-employed per (a) of this Section, are treated ~~in accordance with~~ per the procedures listed in paragraphs (1) through (10) of this subsection.~~¢ 1~~

(1) Capital gains.The worker counts as income the proceeds from the sale of capital goods or equipment ~~is income for program purposes~~ and ~~is calculated~~ calculates it in the same manner as a capital gain for federal income tax purposes.Even though a percentage of the proceeds from the sale of capital goods or equipment is are taxed for federal income tax purposes, the worker counts the full amount of capital gain as income.

(2) Profit sharing.Households who operate S corporations, general or limited partnerships, or limited liability companies may receive profit sharing that is reported on the household's personal income tax return.When a household member:

(A) actively participates in the operations, the income from profit sharing is considered part of the household's self-employed earned income; or

(B) does not actively participate in the operations, the income from profit sharing is considered part of the household's unearned income.

(3) Self-employed farm income.To be considered a self-employed farmer, the farmer must receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise.

(A) Farming is defined as cultivating or operating a farm for profit either as owner or tenant.

(B) A farm includes stock, dairy, poultry, fish, fruit, and truck farms, and plantations, ranches, ranges, and orchards.

(i) A fish farm is an area where fish are grown or raised and where they are artificially fed, protected, and cared for, and does not include an area where they are only caught or harvested.

(ii) A plant nursery is a farm for purposes of this definition.

(C) A loss of income for a self-employed farmer cannot be used to offset income from other household income.When a self-employed farmer reports a loss instead of a profit on the business, the worker does not deduct the loss from other household income.

(4) Monthly self-employment income.Self-employment income received on a monthly basis, but which represents a household's annual support, is normally averaged over a 12-month period.If the averaged amount does not accurately reflect the household's actual monthly circumstances because the household has experienced a substantial increase or decrease in business, the worker calculates the self-employment income based on anticipated earnings.

(5) Seasonal self-employment income.Self-employment income intended to meet the household's needs for only part of the year is averaged over the period of time it is intended to cover.For example, the income of self-employed vendors who work only in the summer and supplement their income from other sources during the balance of the year is averaged over the summer months rather than a 12‑month period.

(6) Annualized self-employment income.Self-employment income which represents a household's annual support must be annualized over a 12-month period, even if the income is received in a shorter period of time.For example, self‑employment income received by crop farmers must be averaged over a 12‑month period if the income represents the farmer's annual support.

(A) If the averaged annualized amount does not accurately reflect the household's actual circumstances because the household has experienced substantial increase or decrease in business, the worker calculates the self-employment income on anticipated earnings.

~~(B) The worker does not calculate self-employment income on the basis of prior earnings such as income tax returns when an increase or decrease of business has occurred.~~

~~(i)~~(A) If When the household's self-employment ~~enterprise has been in existence~~ income has been received for less than a year, the income ~~from that self-employment enterprise~~ must be averaged over the period of time ~~the business has been in operation~~ received and the monthly amount projected for the coming year.¢ 1

~~(ii)~~(B) If When the ~~business has been in operation~~ household's self-employment income has been received for a short time and there is insufficient data to make a reasonable income projection, ~~self-employment~~ the worker does not consider income ~~is recomputed at each new certification until a full year's information is available~~ from this source until the benefit renewal or certification renewal month.At benefit renewal or certification renewal, the worker averages the income over the number of months received until a full year's information is available.~~¢ 2~~

(7) Anticipated income.When a household who would normally have the self-employment income annualized experiences a substantial increase or decrease in business, the worker calculates the self-employment income based on anticipated earnings.

(A) For those households whose self-employment income is calculated on an anticipated basis, the worker adds any capital gains the household anticipates it will receive in the next 12 months, starting with the date the application is filed, and divides this amount by 12.This amount is used in successive certification periods during the next 12 months except that a new average monthly amount must be calculated over this 12-month period if the anticipated amount of capital gain changes.

~~(B) The worker adds the anticipated monthly amount of capital gains to the anticipated monthly self-employment income, and subtracts the cost of producing the self-employment income.~~

~~(8)~~(7) Determining net monthly annualized self-employment income.When the household has business expenses associated with its self-employment income, the business expenses must be deducted before determining whether the household meets the maximum gross income standards shown on Oklahoma Department of Human Services (OKDHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions.When the household does not have business expenses, the gross self-employment income is used.

(A) When the household has filed an income tax return on its self-employment income for the most recent year, the worker uses the net self-employment income shown on the income tax return and divides the net self-employment income by the number of months to be averaged.¢ 32

(B) When the household did not file an income tax return on its self-employment income for the most recent year, the worker uses (i) through (iii) to determine the net monthly self-employment income.

(i) The worker computes gross self-employment income, including capital gains, using the ~~client's~~ household's self-employment business records or employer records, if applicable.

(ii) If the ~~client~~ household declares incurred business expenses, the worker subtracts 50% of the gross self-employment income as business expenses.If the household did not incur business expenses, a business expense deduction is not given.

(iii) The worker then divides the net self-employment income by the number of months to be averaged.

(C) The worker adds monthly net self-employment income to all other earned income received by the household.When the household reports a loss instead of a profit on the business, the worker does not deduct the loss from other household income.

(i) The worker adds the total monthly earned income less the earned income deduction according to OKDHS Appendix C-3 to all other monthly income received by the household.

(ii) The worker subtracts the standard deduction, dependent care, and shelter costs as for any other household per OAC 340:50-7-31 to determine the monthly net income of the household.

(8) Anticipated income.When a household who would normally have the self-employment income annualized experiences a substantial increase or decrease in income, the worker does not calculate self-employment income on the basis of prior earnings such as income tax returns.Instead, the worker calculates the self-employment income using only the income that can reasonably be anticipated to project future earnings.The worker uses procedures at (b)(7)(B) and (C) of this Section to determine net monthly self-employment income.

(9) Household with income from boarders.A household that operates a commercial boarding house may be considered a food benefit household and self-employed as shown in paragraph (8) of this subsection.A household with boarders or roomers that is not a commercial boarding house may receive food benefits as shown in subparagraphs (A) through (C) of this paragraph.

(A) The worker excludes a person paying a reasonable amount for room and board from the household and counts payments from the boarder as self-employment income when determining the household's eligibility and benefit level.

(i) The income from a boarder includes all direct payments to the household for room and meals, including contributions to the household for part of the household shelter expense.

(ii) The worker does not count expenses paid directly by a boarder to someone outside the household as income to the household.

(B) The worker excludes 50% of the boarder payment as the cost of doing business.

(i) The worker computes the shelter cost incurred by the household, even if the boarder contributes part of the shelter expense, to determine if the household qualifies for a shelter deduction.

(ii) The shelter and utility cost must not include any expense billed to and directly paid by the boarder to a third party.

(10) Income from rental property.The worker considers income received from rental property as self-employment income.

(A) The worker treats rental income as earned income if a member of the household actively manages the property an average of at least 20 hours per week.

(B) When a household member does not actively manage the property at least 20 hours each week, the worker considers the income as unearned.The person is eligible for business expenses described at paragraph (8) of this Section.

INSTRUCTIONS TO STAFF 340:50-7-30

Revised ~~8-1-11~~ 6-1-12

1.~~A person is considered self-employed when:~~

~~(1) he or she declares him or herself to be self-employed;~~

~~(2) there is an employer/employee relationship and the employer does not withhold income taxes or Federal Insurance Contributions Act (FICA), even if required by law to do so; or~~

~~(3) the employer withholds taxes and the person provides proof he or she files taxes as self-employed.~~

2. (a) To average the income and expenses ~~for a~~ when the self-employment ~~enterprise that~~ has ~~not~~ been ~~in business~~ received for less than a full year, the worker divides the total income by the number of months ~~in business~~ received.For example, a self-employment ~~business has been in operation~~ income was received from February 18 to the application month of November.The income is averaged for 9 nine months, February through October.It is correct to count the first month ~~of business~~ income was received through the last complete month when computing an annualized figure for a new ~~business~~ self-employment income.

(b) The worker documents in the Family Assistance/Client Services (FACS) Case Notes how income was calculated and why the full 12-month average was not used.

32.Self-employment income tax return forms include, but are not limited to:

(1) Form 1040 with Schedule C for sole proprietors and some limited liability companies;

(2) Form 1065 with Schedule 8865 K-1 for partnerships;

(3) Form 1120-S with Schedule K-1 for S corporations; or

(4) Form 1040 with Schedule F for farmers.

SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES

340:50-9-1. Determining the food benefit allotment

Revised ~~6-1-11~~ 6-1-12

(a) Cases with unverified deductible expenses.

(1) Food benefits without deductions.If a deductible expense that must be verified per OAC 340:50-7-31 cannot be verified before the 30-day processing standard for applications expires, the worker determines the household's benefit level without giving a deduction for the claimed, but unverified expense.If the household:

(A) is eligible without allowing the expense, an allotment that does not reflect deduction of the expense is approved within 30 calendar days after the application is filed; or

(B) chooses to claim expenses for an unoccupied home, the worker verifies the household's utility expenses for the unoccupied home and uses the appropriate utility standard.

(2) Benefits delayed.If a deductible expense cannot be verified before the 30-day processing standard for applications expires and the household is ineligible unless the expense is allowed, the household application is held pending or denied.

(b) Determining household eligibility.In calculating net monthly income, cents are used in determining each source of each person's monthly income and the household's monthly dependent care, shelter, legally binding child support payments, or medical expense.When the monthly amount of each person's source of income or each of the household's expenses is established, and at all other steps of the net income computation, cents are rounded to the nearest dollar,. 1 The worker rounds one cent through 49 cents ~~is rounded~~ down and 50 cents through 99 cents ~~is rounded~~ up.¢ 1Due to changes in household composition or circumstances, households certified under gross income standards may become subject to net income standards during the certification period or vice versa.The worker is required to change one income standard to the other when any change is made to adjust the household's eligibility, benefit level, or certification period, or at ~~recertification~~ certification renewal, whichever is earlier.

(1) Households without elderly or disabled members.If the household does not have an elderly or disabled member, the household's total gross monthly income and household size are the first basis for determining eligibility.The household is not eligible if the total gross income exceeds the Maximum Gross Income Standard for the appropriate household size as shown on Oklahoma Department of Human Services (OKDHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions.After gross income and non-financial conditions of eligibility are established, the net food benefit monthly income is computed and compared to the Maximum Net Income Standard for the appropriate household size as shown on OKDHS Appendix C-3.If the net food benefit income does not exceed this standard, the household is determined eligible.The steps in (A) through (H) are used to determine the household's net food benefit monthly income.

(A) Add gross monthly income earned by all household members including any net self-employment income minus the earned income exclusions to determine the household's total gross earned income.

(B) Multiply the total gross earned income by the appropriate earned income deduction according to the OKDHS Appendix C-3 and subtract that amount to determine the net monthly income.The earned income deduction is not allowed on any portion of income earned under a work supplementation or support program that is attributable to public assistance.

(C) Add the net monthly earned income and the total monthly unearned income of all household members, minus income exclusions.

(D) Subtract the standard deduction as shown in OKDHS Appendix C-3.

(E) Subtract monthly dependent care expenses.A dependent care deduction cannot be allowed for dependent care expenses which are reimbursed or paid for under an employment and training (E&T) program or other source.

(F) Subtract verified legally-binding child support payments made to someone outside the food benefit household.

(G) Add the allowable shelter expenses to determine the total shelter costs.Subtract from the total shelter costs 50% of the adjusted income, the household's monthly income after all of the deductions given in subparagraphs (A) through (F) of this paragraph have been subtracted.The remaining amount, if any, is the excess shelter costs.If there are no excess shelter costs, the net monthly income has been determined.If there are excess shelter costs, proceed to the next step.

(H) To apply the excess shelter costs, subtract excess shelter costs from the adjusted income if the total of excess shelter costs does not exceed the maximum shown in OKDHS Appendix C-3.If the total of the shelter costs exceeds the standard shown in OKDHS Appendix C-3, only the amount not exceeding the standard is deducted.

(2) Households with an elderly or disabled member.When a household that includes an elderly or disabled member meets the non-financial conditions of eligibility, the household's net food benefit, monthly income, and household size are the basis for determining eligibility.The net food benefit monthly income is compared to the Maximum Net Income Standards for the appropriate household size as shown on OKDHS Appendix C-3.If the net food benefit income does not exceed this standard, the household is determined eligible.The steps listed in (A) through (I) of this paragraph are used to determine the household's net food benefit income if the household includes an elderly or disabled member.

(A) Add gross monthly income earned by all household members, including any net self-employment income minus the earned income exclusions, to determine the household's total gross earned income.

(B) Multiply the total gross earned income by the appropriate earned income deduction from OKDHS Appendix C-3 and subtract that amount to determine the net monthly income.The earned income deduction is not allowed on any portion of income earned under a work supplementation or support program that is attributable to public assistance.

(C) Add the net monthly earned income and the total monthly unearned income of all household members, minus income exclusions.

(D) Subtract the standard deduction as shown in OKDHS Appendix C-3.

(E) Subtract medical expenses that exceed $35 for elderly or disabled household members only.Thirty-five dollars is subtracted only once for the household rather than for each household member.

(F) Subtract monthly dependent care expenses.A dependent care deduction cannot be allowed for dependent care expenses that are reimbursed or paid for under an E&T program or other source.

(G) Subtract verified legally-binding child support payments made to someone outside the food benefit household.

(H) Add the allowable shelter expenses to determine the total shelter costs.Subtract from the total shelter costs 50% of the adjusted income, the household's monthly income after all of the deductions in (A) through (G) of this paragraph have been subtracted.The remaining amount, if any, is the excess shelter costs.If there are no excess shelter costs, the net monthly income has been determined.If there are excess shelter costs, go to the next step.

(I) To apply the excess shelter costs, subtract excess shelter costs from the adjusted income.

(1) Initial month proration.

(A) Initial month means the first month the household is certified for food benefits following any period during which the household was not certified.Food benefit allotments for an initial month are ~~based upon the date of the application and~~ prorated from the date of application.

(i) Proration of benefits from the application date applies to the new case if one food benefit household separates into two or more food benefit households.

(ii) Migrant and seasonal farm worker's food benefits are not prorated when the household has received food benefits in the prior month.¢ 2

(iii) ~~While a~~ For the initial month, the worker considers the household's ~~eligibility for the initial month is determined by considering the household's~~ circumstances for the entire month of application, even though the benefit is based on the day of the month the household applies for benefits.

(iv) Per OAC 340:65-3-5(4), Temporary Assistance for Needy Families (TANF) cash assistance payments are also prorated from the date of application.~~The monthly benefit that the recipient would be eligible to receive if proration did not apply must be determined prior to computation by using the prorated benefit on~~ When the worker certifies the household for TANF and food benefits for the same month, the worker uses OKDHS Appendix B, Prorated TANF and Food Benefits:Proration Payment Form, or ~~by using~~ the formula: (31 minus the application date) x monthly benefit divided by 30 ~~= the prorated benefit~~ to determine TANF countable income for the initial month.

(B) The prorated benefit is rounded down to the lower dollar.If the answer is less than $10, the household is denied for the month of application but certified for the next month.If the household applies on the 31st day of the month, use the 30th for the application date for purposes of this provision.Households that apply after the 15th of the month are issued the prorated benefits for the month of application and the benefits for the first full future month on the same day.

(C) When a the worker certifies the household ~~is certified~~ for the month following the month of initial application because the household failed to furnish necessary information, benefits are prorated from the date the household furnished the information.The application date becomes the date information was furnished to OKDHS.

(2) Monthly benefit.The monthly benefit for all months except the initial month is the amount listed on OKDHS Appendix C-3 for the appropriate household size and net income.

(d) Delayed applications.Applications that are not approved or denied by the 30th calendar day are considered delayed applications.On the 30th calendar day following the application date, every delayed application is assessed to determine who caused the delay.The purpose of this assessment is to determine if the benefits are denied and what date is used to prorate benefits if the household is determined eligible at a later date.~~¢ 3~~

(1) Delay caused by OKDHS.When the processing delay is caused by OKDHS, the application remains in pending status.At the end of the first 30 calendar days the household is notified of the reason the application is still pending using Form 08MP039E, Notice to Client of Action Taken.If the household is later determined eligible, the case is certified back to the date of application.~~¢ 4OKDHS caused delays include, but are not limited to, the circumstances given in (A) through (F) of this paragraph.~~

(A) The household's first interview was scheduled on or before the 20th day following the date of application.The household appeared for the interview but subsequently failed to provide the required verification.During the interview the worker did not explain to the household or provide the information in writing regarding:

~~(i) what factors must be verified;~~

~~(ii) what is considered acceptable verification; or~~

~~(iii) by what date the information must be supplied.~~

~~(B) An interview was never scheduled for the household.~~

(C) The worker did not offer or provide assistance to the household in obtaining the verification as required or did offer assistance but failed to follow through on collateral contacts or release of information.

~~(D) The worker discovered that additional information was required after the~~ ~~interview but the client did not have ten calendar days between the request for the verification and the 30th calendar day of the application process.~~

(E) The household missed their first interview on or before the 30th calendar day and requested that the interview be rescheduled.The human services center (HSC) was unable to schedule the second interview date until after the 30th calendar day.

~~(F) The eligible household provided all the required verification on or before the 30th day, and the application was not approved or denied.~~

(2) Delay caused by the household.When the processing delay is caused by the household, the application is denied on the 30th calendar day.The household is notified by computer-generated notice that the application is denied.When the household provides the required verification in the second 30 calendar days, a new application is not required.If the household is determined eligible, the food benefit allotment is prorated from the date the household provided the verification.Household caused delays include, but are not limited to, the circumstances given in (A) through (C) of this subparagraph.

(A) The household's first interview was scheduled on or before the 20th calendar day following the date of application.The household appeared at the interview but subsequently failed to provide the required verification.The worker provided the household with a statement of required verification, offered to assist the household in obtaining the verification, and also allowed the household sufficient time to provide the verification.

(B) The household missed their first interview and requested on or before the 30th calendar day that the interview be rescheduled.The interview was rescheduled to be held on the 30th calendar day; however, the household did not provide all the required verification at the rescheduled interview.

(C) The household missed their first interview and requested on or before the 30th calendar day that the interview be rescheduled.The household stated they could not come in until after the 30th calendar day.

~~(e)~~(d) Certification periods.Definite certification periods are established for each eligible household to receive benefits.At the expiration of each certification period, entitlement to food benefits is established ~~only upon a recertification~~ based upon a newly completed application, an interview, and required verification provided per OAC 340:50-3-2 and 340:50-3-3.~~[OAC 340:50‑3‑2]~~Under no circumstances are benefits continued beyond the end of a certification period without ~~a redetermination of eligibility~~ completion of a certification renewal.

(1) Month of application.The month of application is the first month in the certification period for initial applicants if eligibility is determined within the 30-day period.

(A) Because of anticipated changes, a household may be eligible for the application month, but ineligible for the subsequent month.In this situation, the household is certified for the application month only.

(B) If a household is found to be ineligible and is denied benefits for the application month, but is eligible for subsequent months, a new application is not needed and ~~the case is certified~~ the worker certifies food benefits effective the month following the application month.¢ 53

(2) Missed interview. During the application process, a household who did not appear for their first scheduled interview may request a new interview date be scheduled through the 30th day following their application date.~~See~~ Refer to OAC 340:50-9-4 for information regarding delayed applications ~~in paragraph (d) of this Section~~ to determine the proration date of the food benefit allotment.¢ 64

(3) Information furnished after the application is denied.When the worker denies an application ~~is denied~~ because the household did not provide the requested information and the applicant furnishes the required information to determine eligibility within the second 30‑day period, a new application is not required.The worker certifies food benefits using the date the household provides required information or verification ~~is furnished~~ as the application, certification, or and proration date.

~~(f)~~(e) Length of certification periods.~~Households are assigned~~ The worker assigns the longest certification period possible based on the predictability of the household's circumstances.

(1) One month.A The worker assigns a one-month certification ~~is assigned~~ to:

(A) households eligible only for the application month; and

(B) migrant farm worker households, in the work stream, who apply before the 16th of the month.

(2) Two months.A The worker assigns a two-month certification ~~is assigned~~ to:

(A) households eligible only for the certification month and subsequent month; and

(B) migrant farm worker households, in the work stream, who apply after the 15th of the month.

(3) Twelve months.

(A) A The worker assigns a 12-month certification period ~~is assigned~~ to households at certification unless:

(i) the household includes an able-bodied adult without dependents (ABAWD) member who is not meeting the work requirement or is not otherwise exempt; or

(ii) all adult household members are elderly or disabled with no earned income.

(B) These households are required to complete a ~~review~~ benefit renewal at six-month intervals.They are known as semi-annual ~~reporters~~ reporting households.¢ 75

(4) Twenty-four months.A The worker assigns a 24-month certification period ~~is assigned~~ to households when all adult members are elderly or disabled with no earned income.These households are required to complete a ~~review~~ benefit renewal at 12‑month intervals.They are known as annual ~~reporters~~ reporting households.¢ 86

INSTRUCTIONS TO STAFF 340:50-9-1

Revised ~~6-1-11~~ 6-1-12

1.For example a person's weekly earnings of $99.90 are multiplied by the number of checks that will be received in a month's time and the cents rounded to the nearest dollar, $99.90 x 4.3 = $429.57 rounded to $430.

2.In order to issue the correct food benefit allotment amount, the application date on the Family Assistance/Client Services (FACS) system must be coded as if the household had applied on the first day of the application month regardless of the actual date of application.

~~3.The assessment is recorded in FACS Case Notes.~~

~~4.(a) Food benefit certifications for the current or future month may be teleprocessed through the last day of the month.~~

~~(b) The FSSR transaction can be used to issue benefits back to the date of application but no more than two months prior to the month the case is processed.~~

~~(c) The FSLB transaction is used to request retroactive certifications that are more than two months prior to the current month.~~

~~(d) Instructions for the FSSR and FSLB transactions are found by entering M space FSSR or M space FSLB on the IMS network.~~

53.If The worker denies the application when the applicant is not eligible for the month of application or the following month~~, the application is denied~~.A new application is required for subsequent months.

64.If a member of the food benefit household or the household's authorized representative fails to appear for the first scheduled interview, the worker puts the application in FDENY status using reason 59.This will issue the Notice of Missed Interview (NOMI).

75.The worker gives or mails Form 08MP006E, Information for Benefit ~~Review Reporters~~ Renewal, to ~~households determined semi-annual reporters~~ the household.

86.(a) The worker gives or mails Form 08MP006E~~, Information for Benefit Review Reporters~~, to ~~households determined annual reporters~~ the household.

(b) If the ~~food benefit~~ household ~~is also receiving~~ receives a State Supplemental Payment (SSP) ~~at the time of the review for the SSP~~ and ~~the household remains eligible for both~~ food benefits, the worker completes a new food benefit application at the time of the SSP review.The worker updates the SNAP tab in FACS to show a new food benefit application.The new certification is then processed using a "1" action rather than a "c" change.

340:50-9-4. ~~Determining cause for processing delays~~ Delayed applications

Revised ~~6-1-03~~ 6-1-12

If the worker cannot make an eligibility determination within the 30 days provided for completion of an application, the worker determines the cause of delay, using the criteria in (1) through (2) of this subsection, and manually issues a notice to the client explaining the delay.

(1) Household fault.A delay is considered the fault of the household if the household has failed to complete the application process and the worker has taken all the action that is required to assist the household.

~~(2) Worker fault.The worker must take the actions in (A) through (D) of this paragraph before a delay can be considered the fault of the household.~~

~~(A) For households that fail to complete an application form, the worker must offer, or attempt to offer, assistance in its completion.~~

(B) If one or more members of the household fail to register for work, the worker must inform the household of the need to register for work and give the household at least ten days from the date of notification to register.

(C) In cases where verification is incomplete, the worker must provide assistance when required, and allow the household sufficient time to provide the missing verification.Sufficient time is at least ten days from the date of the worker's initial request for the particular verification that is missing.

(D) If the household fails to appear for an interview, but requests another appointment within 30 days of the date the application was filed, the rescheduled appointment date must be within the same 30 day period.

(a) Delayed applications.When applications are not approved or denied by the 30th calendar day, they are considered delayed applications.On the 30th calendar day following the application date, every delayed application is assessed to determine whether the Oklahoma Department of Human Services (OKDHS) or the household caused the delay.The purpose of this assessment is to determine:¢ 1

(1) whether to immediately deny the application or leave it pending in application status; and

(2) what date to certify benefits if the household is determined eligible at a later date.

(b) Delay caused by OKDHS.When the processing delay is caused by OKDHS, the application remains in pending status.At the end of the first 30 calendar days, the worker sends the household Form 08MP039E, Notice to Client of Action Taken, explaining why the application is still pending.If the household is later determined eligible, food benefits are approved back to the date of application.¢ 2OKDHS caused delays include, but are not limited to, the circumstances given in (1) through (6) of this subsection.

(1) The household's first interview was scheduled on or before the 20th day following the date of application.The household appeared for the interview, but subsequently failed to provide the required verification.During the interview the worker did not provide to the household Form 08AD092E, Client Contact and Information Request, and explain:

(A) what factors must be verified;

(B) what is considered acceptable verification; and

(2) The worker never scheduled an interview for the household.

(3) The worker did not offer to provide assistance to the household in obtaining the verification or offered assistance, but failed to follow through on collateral contacts or release of information.

(4) The worker discovered that additional information was required after the interview, but the household did not have ten calendar days between the request for the verification and the 30th calendar day of the application to provide the verification.

(5) The household missed their first interview on or before the 30th calendar day and requested the interview be rescheduled.The worker was unable to schedule the second interview date until after the 30th calendar day.

(6) The household provided all the required verification on or before the 30th day and the application was not approved or denied timely.

(c) Delay caused by the household.When the processing delay is caused by the household, the application must be denied by the 30th calendar day.The household receives a computer-generated denial notice.When the household provides the required verification in the second 30 calendar days, a new application is not required.If the household is determined eligible, the food benefit allotment is prorated from the date the household provided the verification.Household caused delays include, but are not limited to, the circumstances given in (1) through (3) of this subsection.

(1) The household's first interview was scheduled on or before the 20th calendar day following the date of application.The household appeared at the interview, but subsequently failed to provide the required verification.The worker provided the household with Form 08AD092E showing required verification, offered to assist the household in obtaining the verification, and allowed the household sufficient time to provide the verification. ¢ 3

(2) The household missed their first interview and requested the interview be rescheduled on or before the 30th calendar day.The worker rescheduled the interview on or before the 30th calendar day; however, the household did not provide all the required verification by the 30th day.

(3) The household missed their first interview and requested on or before the 30th calendar day that the interview be rescheduled.The household stated they could not come in or complete an interview over the telephone until after the 30th calendar day.

Instructions to staff 340:50-9-4

Issued 6-1-12

1.The worker records the assessment in Family Assistance/Client Services (FACS) Case Notes.

2.(a) Food benefit certifications for the current or future month may be teleprocessed through the last day of the month.

(b) The worker can use the FSSR transaction to issue benefits back to the date of application, but no more than two months prior to the month the worker certifies food benefits.

(c) The worker uses the FSLB transaction to request retroactive certifications that are more than two months prior to the current month.

(d) Instructions for the FSSR and FSLB transactions are found by entering M space FSSR or M space FSLB on the IMS network.

3.If the household was not notified of needed verification prior to the interview date or additional information is needed, the application must remain pending for ten calendar days after notification of needed verification per OAC 340:50-3-3.For example, if the worker first notified the client of the needed verification at the interview and the interview was conducted after the 20th day from the application date, the household must be given at least ten calendar days to provide the verification.

340:50-9-5. Changes after application and during the certification period

Revised ~~6-1-11~~ 6-1-12

(a) Applicant households.Applicant households must report all changes related to their food benefit eligibility and benefit amount.Households must report changes that occur after the interview but before the date of the notice of eligibility, within ten calendar days of the date of the notice.¢ 1

(b) Certified households.Those households assigned a certification period other than 12 or 24 months are required to report within ten calendar days changes in:

(1) sources of income;

(2) unearned income of $50 per month or more;

(3) earned income of more than $100 per month;

(4) household composition, such as an addition or loss of a household member;

(5) residence and resulting changes in shelter costs;

~~(6) the acquisition of licensed vehicles not fully excluded;~~ and

~~(7)~~(6) the legal obligation to pay child support.

(c) Change affecting food benefit. If a reported change affects the household's eligibility or food benefit amount, the household is notified of the adjustment to be made and the effective date.The worker has ten calendar days from the date the change is reported to take the necessary action.¢ 2

(1) If the household fails to report a change within the ten-day period and, as a result, receives benefits to which it is not entitled, an overpayment claim is referred to the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section.

(2) If the worker fails to take action on a reported change within the prescribed time limits and benefits are lost, they are restored to the household.

(d) Changes that increase benefits.Changes resulting in a benefit increase must be verified.The household is allowed ten calendar days to verify the information.¢ 3

(e) Changes that decrease or close benefits.Food benefits are closed, never suspended, if a change in household circumstances causes a household to be ineligible for food benefits.When a household's benefit decreases or closes, an advance notice is required unless exempt from such a notice for a reason listed in (1) and (2) of this subsection.When an advance notice is required, the decrease or termination of the benefit is effective no later than the month following the month in which the advance notice period expired.¢ 4When the change is reported less than ten calendar days before the advance notice deadline, the action must be taken before advance notice deadline the following month.Advance notice is not required when the:

(1) Oklahoma Department of Human Services (OKDHS) receives a clear written statement signed by a responsible household member stating he or she no longer wishes food benefits or gives information which requires closure or reduction of food benefits and stating that he or she understands the food benefit will be reduced or closed.The household retains its right to a fair hearing and continuation of benefits if a fair hearing is requested within ten calendar days of the change notice; and

(2) reduction or closure of food benefits is based on situations listed in (k) of this Section.¢ 5

(f) When benefits may be reopened following closure.The food benefit may be reopened following closure using current eligibility information when:

(1) policy and procedures were not administered correctly. The food benefit is reopened back to the first day of the month of closure;¢ 6 or

(2) the household provides all required verification by the last day of the month of closure for failure to complete the ~~review~~ benefit renewal.The food benefit is reopened and prorated from the date the ~~review~~ benefit renewal is completed.¢ 7

(g) Annual reporting households.Food benefit households with all adult members elderly or disabled with no earned income are known as annual reporters.¢ 8A 24‑month certification period is automatically assigned.These households are only required to report changes that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size unless it is the ~~review~~ benefit renewal or ~~recertification~~ certification renewal month.The worker must act on any changes reported by households that increase or decrease their benefits.The system determines if the change results in an increase or decrease in benefits.Between ~~review~~ benefit renewal or ~~recertification~~ certification renewal months, a decrease in benefits does not occur unless the:

(1) household has requested closure of the case; or

(2) worker has information about the household's circumstances considered verified upon receipt.¢ 9

(h) Benefit ~~review~~ renewal for annual ~~reporters~~ reporting households.Annual reporting households are sent notification in the 11th month of certification that the ~~review~~ benefit renewal is due.An interview is not required.In order to continue to receive benefits, the household must complete the ~~review, that~~ benefit renewal.This includes providing all required verification, by the last day of the 12th month of certification.~~OKDHS~~ The worker reviews information to determine whether changes are needed.¢ 10

(1) ~~Changes~~ The worker must act on changes reported at ~~review must be acted on~~ benefit renewal.

(2) If the reported changes result in a decrease or closure of benefits, an advance notice must be sent to the household.

(3) If the household fails to provide sufficient information regarding a deductible expense requiring verification, the ~~review is processed~~ worker processes the benefit renewal without regard to the deduction.

(i) Semi-annual reporting households.All food benefit households, except those considered annual reporters or certain households containing one or more ~~able bodied~~ able-bodied adults without dependents (ABAWD), are assigned a 12-month certification period.¢11

(1) Between the month of ~~review~~ benefit renewal or ~~recertification~~ certification renewal, households are only required to report changes that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size unless their household contains an ABAWD meeting the work rule per OAC 340:50-5-64(a).¢ 12Households with an ABAWD meeting the work rule at certification must report if the hours decrease below an average of 20 per week or 80 per month.¢ 10

(2) The worker must act on any changes reported by households that increase or decrease their benefits.The system determines if the change results in increase or decrease in benefits.

(3) Between the month of ~~review~~ benefit renewal or ~~recertification~~ certification renewal a decrease in benefits does not occur unless the:

(A) household has requested closure of the case; or

(B) worker has information about the household's circumstances considered verified upon receipt.¢ 9

(j) ~~Review~~ Benefit renewal for semi-annual ~~reporters~~ reporting households.Semi-annual reporting households are sent notification in the fifth month of certification that the ~~review~~ benefit renewal is due.¢ 12An interview is not required.In order to continue receiving benefits, the household must complete the ~~review,~~ benefit renewal that includes providing all required verification, by the last day of the sixth month of certification. ~~OKDHS~~ The worker reviews information provided to determine whether changes are needed.

(1) ~~Changes~~ The worker must act on changes reported at ~~review must be acted on~~ benefit renewal.

(2) If the reported changes result in a decrease or closure of benefits, an advance notice must be sent to the household.

(3) If the household fails to provide sufficient information regarding a deductible expense, the ~~review,~~ ~~is processed~~ worker processes the benefit renewal without regard to the deduction.

(k) Notice of adverse action not required.

(1) Mass changes.The individual notification requirement is waived when changes affecting the entire caseload or significant portions of the caseload are initiated because of changes or requirements in federal or state law.¢ 13In these situations, FSSD mails notices to the households informing them of the changes that are about to be made.¢ 14

(2) Notice of death.If the worker determines, based on reliable information, that all members of the household are deceased, notice of adverse action is not required.

(3) Moved out of ~~county~~ state.Notice of adverse action is not required when the worker determines, based on reliable information, ~~that~~ the household has moved out of ~~the county and that a transfer request has not been received~~ state.

(4) Completion of restoration of lost benefits.Notice of adverse action is not required if the household is previously notified in writing when restoration of lost benefits is completed and the household's food benefit is reduced due to completion of restoration of lost benefits.

(5) Variable food benefit.The household benefit amount varies from month to month within the certification period to take into account changes that were anticipated at the time of certification and the household was so notified at the time of certification.

(6) Willful misrepresentation.Notice of adverse action is not required if a person in the household is disqualified for willful misrepresentation.If there is more than one person in the household, the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.

(7) Food benefit recoupment.A notice of adverse action is not required if the household fails to make agreed upon cash or food benefit repayment of an overpayment.

(8) Drug or alcohol treatment center or group home loses approved status.If a household's eligibility is being terminated because the drug or alcohol treatment center or group home facility where they reside is no longer approved, an individual notice of adverse action is not required.

(l) Action on changes when fair hearings are requested.When a household requests a fair hearing within ten calendar days of the date shown on the adverse action notice, the household may continue to receive food benefits.

INSTRUCTIONS TO STAFF 340:50-9-5

Revised ~~6-1-11~~ 6-1-12

1.At the interview, the worker must give each household Form 08FB038E, Changes in Household Circumstances.A change is considered reported the date the ~~human services center (HSC)~~ worker receives Form 08FB038E or is notified of the change by telephone or personal contact.In order to provide easier access, each human services center (HSC) must have a telephone number where collect calls are accepted.The phone number is:

~~(A)~~(1) provided on all notices such as those for certification, denial, and adverse action; and

~~(B)~~(2) shown on Form 08FB038E.

2.When the household reports a change ~~is reported~~, the worker determines if the change affects the household's eligibility or the food benefit amount.The worker must document all reported changes in Family Assistance/Client Services (FACS) Case Notes.If the household reports the change ~~was reported~~ on Form 08FB038E, the worker must provide the household ~~must be provided~~ with another Form 08FB038E.

3.When a change is reported:

(1) the worker makes the change ~~is made~~ effective no later than the first issuance to be delivered ten calendar days after the date the household reports or verifies the change ~~was reported or verified~~, whichever is later;

(2) the worker issues a supplement when the household reports a change that increases benefits ~~is reported~~ and it is too late to for the worker to verify and make the change by regular roll deadlines;

(3) if and the household provides verification ~~is provided~~ timely, the worker issues the supplement ~~is issued~~ by the tenth calendar day following the date the change was reported, or the date the regular roll benefit is to be received, whichever is later; and

(4) if and the household does not provide the required verification ~~is not provided~~ within ten calendar days, but ~~is provided~~ provides it at a later date, the worker issues the supplement ~~is issued~~ within ten calendar days of the date the household provides the verification ~~was provided~~, rather than from the date the change was reported.

4.When a change is reported ten calendar days or more before the advance notice deadline, on Oklahoma Department of Human Services (OKDHS) Appendix B-2, Deadlines for Case Actions, the worker takes action ~~is taken~~ in the same month the change is reported.

5.A notice of adverse action is computer-generated except when the reason for the change is death, code 01, or other, code 69.When code 69 is used, ~~Form 08MP038E, Notice to Client, is~~ the worker hand ~~issued by the worker~~ issues Form 08MP038E, Notice to Client.

6.When the food benefit closes because of administrative error, ~~it is reopened in~~ the worker reopens the SNAP tab of the FACS system using "R" in the Action Taken field and "18A" in the Reason field~~.Any~~ and enters any required changes ~~are entered~~ in the same action.~~It is~~ The worker must also ~~necessary to~~ update the benefit and status fields in the Household tab for persons included in the benefit household.

7.(a) When the food benefit closes because the ~~client~~ household did not complete the ~~review~~ benefit renewal timely, ~~it is reopened in~~ the worker reopens the SNAP tab using "R" in the Action Taken field, "18O" in the Reason field, ~~and~~ the date the ~~review~~ benefit renewal was completed in the Effective Date field~~.Any~~, and enters any required changes ~~are entered~~ in the same action.~~It is~~ The worker must also ~~necessary to~~ update the benefit and status fields in the Household tab for persons included in the benefit household.

(b) When the ~~client~~ household waits until after the last day of the month of closure to provide needed information, he or she must reapply.

8.The worker is responsible for determining which households are identified as annual r~~eporters~~ reporting households.The worker uses normal certification procedures.The computer recognizes the annual report status, automatically assigns a 24‑month certification period, and identifies the household as an annual ~~reporter~~ annual reporting household by entering "A" in the reporter status field.

9.(a) Verified upon receipt means that information is not questionable, and the provider is the primary source of the information.~~Action~~ The worker must ~~be taken~~ take action by the next effective date using normal adverse action processes.Types of information considered verified upon receipt include, but are not limited to:

(1) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA). For example, a BENDEX data exchange message is received during a non-report month indicating a household member is approved for Social Security benefits.This income results in food benefit decrease and the information is considered verified upon receipt;

(2) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from the SSA;

(3) Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);

(4) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC);

(5) workers' compensation documents from Workers' Compensation Court;

(6) information from the household, when reporting changes in household composition.For example, when the ~~client~~ household reports a person has left the household and the change results in a food benefit decrease.This information is considered verified upon receipt; and

(7) actions processed for food benefits or other OKDHS programs, that affect food benefit expenses such as:

(A) a decrease in the child care family share co-payment, that results in a smaller dependent care deduction; or

(B) the determination of an intentional program violation.

(b) Examples of information that are NOT verified upon receipt are:

(1) Oklahoma Wage Link (OWC and OWL), quarterly wage match data;

(2) any wage data obtained from BENDEX; and

(3) New Hire List (NHL) matches.For example, an NHL data exchange message is received during a non-report month indicating a household member has started to work.This income would decrease the food benefit; however, the information is NOT considered verified upon receipt.The action to decrease food benefits is not taken as it is a non‑report month.

10.(a) Methods the household may use to complete the ~~review~~ benefit renewal include:

(1) completing the ~~review~~ benefit renewal electronically by:

(A) accessing www.okdhslive.org; or

(B) getting help from OKDHS or a community partner to access www.okdhslive.org;

(2) downloading Form 08MP004E, Renew My Benefits, from ~~www.okdhslive.org~~ OKDHS - Forms and Applications for Service and completing, signing, and bringing, mailing, or faxing it to OKDHS; or

(3) going into the local HSC to complete the ~~review~~ benefit renewal with a worker using the FACS system.

(b) Food benefit cases in reporter status are displayed on CWA Report 17, for tracking purposes, the month the ~~review~~ benefit renewal is due.Food benefit ~~cases~~ case numbers are no longer displayed on CWA Report 17 when the benefit report action field is updated with "C" for complete.If the benefit report action field remains blank or is updated to "I" for incomplete, the case remains on the CWA Report 17 until the benefits close at negative action deadline.

(c) Once the ~~client~~ household completes the ~~review~~ benefit renewal, the information is analyzed to determine:

(1) what changes have occurred;

(2) whether the household signed the ~~review~~ benefit renewal electronically or on the paper ~~review~~ benefit renewal form;

(3) whether the ~~client~~ household provided all required verification; and

(4) what changes must be made on the system.

(d) The ~~review~~ benefit renewal is complete after:

(1) all ~~review~~ benefit renewal information has been entered in the Interview and Eligibility Notebooks of FACS;

(2) information contained on the ~~review~~ benefit renewal, in the verification provided, and on data exchange screens have been evaluated for changes;

(3) any additional information has been entered in FACS Case Notes to explain any changes made and how continued eligibility was determined; and

(4) the system is updated.If complete, the worker processes all changes, updates the benefit report action field with "C", and enters the date the action is shown as complete.

(e) When the ~~review~~ benefit renewal is determined incomplete because the ~~client~~ household failed to sign the ~~review~~ benefit renewal or did not provide all required verification, attempts are made to contact the ~~client~~ household to advise what is lacking.FACS Case Notes are documented with what is lacking and with all attempts to obtain needed information.The benefit report action field is updated with "I" indicating an incomplete ~~review~~ benefit renewal and the date the ~~client~~ household completed the ~~review~~ benefit renewal online or Form 08MP004E was received in the HSC.

(f) When the ~~client~~ household does not complete the ~~review~~ benefit renewal, the benefit report action field remains blank.When this field remains blank or shows an "I" at negative action deadline, the food benefits are automatically closed the next effective date with reason code 36S.

11.(a) The worker follows normal certification procedures.The computer recognizes the semi-annual status, automatically assigns a 12‑month certification period, and identifies the household as a semi-annual ~~reporter~~ reporting household by entering "S" in the reporter status field.

(b) Oklahoma is exempt from following able-bodied adult without dependents (ABAWD) rules at this time.

12.The worker informs the ABAWD who meets the work rule at the time of certification to report if his or her work hours decrease below 20 hours per week, averaged to 80 hours per month.ABAWDs are required to report this change within ten calendar days of the date of the change.Refer to OAC 340:50-5-64 for ABAWD work requirements.

(1) When the ~~client~~ household reports changes timely or untimely, the worker must review ~~the client's~~ prior ABAWD status to accurately determine if all food benefits for which the ~~client~~ ABAWD is eligible have been received, including the initial three 'free' months.If the worker determines the ~~client~~ ABAWD is eligible for the initial three 'free' months, then food benefits continue.The worker completes a desk review during the third month prior to advance notice deadline to review the ~~client's~~ person's ABAWD status.

(2) When the worker determines the ~~client~~ ABAWD has received all food benefits for which he or she is eligible, the ~~client~~ ABAWD is removed from the food benefit the next effective date.If the ~~client~~ ABAWD is the only person in the food benefit household, the worker closes the benefits the next effective date.

13.Examples of mass changes include changes in:

(1) the maximum income limitation or basis of issuance tables;

(2) Social Security or SSI benefits; and

(3) Temporary Assistance for Needy Families (TANF) or State Supplemental Payments.

14.The Family Support Services Division may also announce SNAP changes through the media so the general public ~~as well as~~ and food benefit recipients are notified.

340:50-9-6. Procedures relating to food benefit ~~recertification~~ certification renewals

Revised ~~6-1-08~~ 6-1-12

(a) Worker action.The worker completes the application process, approves or denies applications for ~~recertification~~ certification renewal, and provides eligible households with an opportunity to participate in a timely manner.The worker cannot continue benefits to the household beyond the certification period ~~unless~~ until the worker certifies the household ~~is recertified~~ again.

(b) Notice of expiration.

(1) After deadline the month prior to the last month of the certification period, ~~the Family Support Services Division prepares and mails Form 08FB036E,~~ a computer-generated Expiration of Food Benefits Notice ~~of Expiration of Eligibility,~~ is sent to all non-public assistance (non-PA) households receiving food benefits who have been certified for three months or more.~~Form 08FB36E has a section the household can complete and return to the local Oklahoma Department of Human Services (OKDHS) human services center office to reapply.~~The ~~form~~ notice informs households:

(A) ~~it has~~ they have the right to apply;

(B) ~~when~~ the date food benefits expire;

~~(D)~~ they ~~must reapply~~ may complete, sign, and return the notice by the ~~1st~~5th day of the last month of eligibility to avoid a ~~lapse of benefits~~ delay in receipt of further food benefits;

(D) the local Oklahoma Department of Human Services (OKDHS) office schedules interview appointments after receipt of the signed notice; and

(E) ~~that~~ further ~~entitlement to~~ food benefits ~~cannot be established without reapplication by~~ will not be issued until the household~~, an interview, and recertification of the household's eligibility~~ reapplies and is interviewed.

(2) Households certified for two months or less are notified by computer-generated notice of the effective date and expiration date of the certification.The notice is generated and mailed at the time the household is certified eligible.

(1) ~~Reapplications~~ Certification renewals are processed within the time frames described in (A) through (B) of this ~~subsection~~ paragraph.

(A) Prior certification of fewer than three months.A household with a prior certification period of fewer than three months ~~and~~ who ~~apply~~ applies by the 1stday of the last month of the certification period ~~are~~ is provided with the opportunity to participate, if eligible, no later than 30 calendar days after the date the household last had an opportunity to obtain its food benefits.

(B) Prior certification of three months or more.~~Reapplications~~ Certification renewals filed on or before the 1st day of the last month of the certification period are considered timely ~~reapplications~~.If the household meets all of the requirements and completes all the processing steps, the worker certifies or denies the application prior to the end of the certification period.

(i) Any eligible household who ~~reapplies~~ renews benefits timely is provided an opportunity to participate by its normal issuance date in the month following the end of the current certification period.

(ii) To retain this right to uninterrupted benefits, the household must have attended any interview and/or provided all required verification due on or after the deadline for filing timely ~~reapplications~~ certification renewals.

(iii) Although a household loses its right to uninterrupted benefits, it retains its right to complete the process and receive benefits, if eligible, within 30 calendar days of the application date.

(2) Households who have timely ~~reapplied~~ renewed but, due to worker error, are not timely determined eligible are ~~recertified and given an opportunity to participate~~ certified immediately upon being determined eligible.If the delay in ~~recertification~~ certification renewal extends into the following month, the certification is made retroactive to the first day of the month following expiration of the certification period.(3) A household applying for ~~recertification~~ certification renewal in the last month of its certification period is not entitled to expedited services.When the ~~recertification~~ certification renewal is teleprocessed on or before the last day of the month of the old certification period, the subsequent month's benefit is issued on the second working day of the month.

(d) Untimely ~~reapplication~~ certification renewal.A household who ~~fails to submit a timely application for recertification~~ submits an untimely certification renewal, without good cause, loses its right to uninterrupted benefits, and the worker has 30 calendar days to certify or deny the application ~~and provide an opportunity to participate if the household is eligible~~.~~If an application for recertification~~ When a certification renewal is not received until after the certification period expired, ~~then that~~ the application is considered an initial application and benefits for that month are prorated.~~Even though a household fails to make a timely recertification they are~~ The household is entitled to expedited service if the household qualifies ~~under~~ per OAC 340:50-11-1.

(e) Good cause for failure to timely ~~reapply~~ renew food benefits.~~If the worker determines that the household's failure to make~~ When the household had good cause for its failure to submit a timely ~~application~~ certification renewal or to otherwise complete the certification process ~~in a timely manner was for good cause,~~ and the household did not receive food benefits in the month following expiration of benefits, it is entitled to restoration of lost benefits ~~if, as a result of its failure, the household was unable to participate in the month following the expiration of its certification period~~ per OAC 340:50-11-4.~~Determination of~~ The worker determines good cause ~~is made~~ on a case-by-case basis~~, and includes, but is not limited to,~~.Good cause reasons may include failure to receive timely notice of expiration, or personal illness.