COMMENT DUE DATE:
November 4, 2013
DATE:
October 24, 2013
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 13-N
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is November 1, 2013.
SUBJECT:
Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5. NON-FINANCIAL ELIGIBILITY CRITERIA
Part 3. Special Households
OAC 340:50-5-26 Instructions to Staff (ITS) Only [AMENDED]
Part 7. Related Provisions
OAC 340:50-5-67 Instructions to Staff (ITS) Only [AMENDED]
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-22 Instructions to Staff (ITS) Only [AMENDED]
OAC 340:50-7-30 Instructions to Staff (ITS) Only [AMENDED]
OAC 340:50-7-31 Instructions to Staff (ITS) Only [AMENDED]
Part 5. Determination of income
OAC 340:50-7-45 Instructions to Staff (ITS) Only [AMENDED]
Subchapter 9. Eligibility and benefit determination procedures
OAC 340:50-9-5 Instructions to Staff (ITS) Only [AMENDED]
Subchapter 10. Electronic benefit transfer (EBT)
OAC 340:50-10-5. Instructions to Staff (ITS) Only [AMENDED]
OAC 340:50-10-11. Instructions to Staff (ITS) Only [AMENDED]
SUBCHAPTER 11. SPECIAL PROCEDURES
PART 1. HOUSEHOLDS ENTITLED TO EXPEDITED SERVICE
OAC 340:50-11-1. Instructions to Staff (ITS) Only [AMENDED]
RE:WF 13-N ITS only
SUMMARY:
340:50-5-26 Instructions to staff (ITS) only is revised to: (1) clarify the three agencies that approve drug and alcohol treatment centers and how to verify approval; (2) update the procedures and forms used to document which residents are receiving food benefits each month; and (3) update terminology due to agency reorganization.
340:50-5-67 ITS only is revised to explain further how Cuban and Haitian entrants who are paroled are both eligible and qualified aliens.
340:50-7-22 ITS only is revised to: (1) renumber ITS; (2) add Health Profession Opportunity Grants (HPOG) and other federally funded aid, services, and incentives, as other examples of exempt income; and (3) add policy cite reference OAC 340:50-7-45(c)(3) for an explanation of acceptable loan verification.
340:50-7-30 ITS only is revised to add clarifying language on how to calculate self-employment income that varies and when it is a new business.
340:50-7-31 ITS only is revised to clarify: (1) income and deductions for certain disqualified household members are not prorated; (2) how to consider transportation costs for elderly or disabled household members; (3) information regarding the homeless shelter deduction; and (4)how to consider certain shelter expenses.
340:50-7-45 ITS only is revised to reference Form 08AD103E, Loan Verification, which can be used to as proof of a loan, and what should be documented in the case record regarding the loan.
340:50-9-5 ITS only is revised to: (1) add clarifying language for when a change is reported; and (2) remove obsolete language, as counties are no longer allowed to be exempt from ABAWD rules effective 10-01-2013.
340:50-10-5 ITS only is revised to reference OAC 340:50-10-11(d) regarding electronic benefit transfer (EBT) card replacement mailing procedures when the client is homebound due to a medical condition.
340:50-10-11 ITS only is revised to: (1) clarify information given to clients leaving the state about accessing remaining food benefits; (2) update terminology due to agency reorganization; and (3) update information that must be reported and imaged for federal audit purposes when mailing an EBT replacement card to the client.
340:50-11-1 ITS only is revised to clarify coding requirements when, due to declared liquid resources, the household is not eligible for expedited services.
SUBCHAPTER 5. NON-FINANCIAL ELIGIBILITY CRITERIA
PART 3. SPECIAL HOUSEHOLDS
340:50-5-26. Drug addiction or alcoholic treatment centers
Revised 6-1-09
Residents of drug addiction or alcoholic treatment centers are certified for program participation through the use of an authorized representative who is an employee of, and designated by the publicly-operated, community mental health center or the private, non-profit organization or institution administering the treatment and rehabilitation program.The organization or institution receives and spends the food benefit allotment for food prepared by or served to a person who is drug or alcohol addicted.¢ 1
(1) Persons addicted to drugs or alcohol in treatment programs.Persons addicted to drugs or alcohol who regularly participate in publicly operated or private non-profit drug or alcoholic treatment and rehabilitative programs on a resident basis may voluntarily apply for the Supplemental Nutrition Assistance Program.¢ 2The child of a resident who lives with his or her parents in the treatment center may also qualify to participate.Residents have eligibility determined as a one person household or, when applicable, as a family unit.They may use all or part of the food benefits issued to them in the treatment center to purchase food prepared for them during the treatment program.
(A) Residents of treatment centers are certified using the same provisions that apply to all other applicant households except certification is completed through use of authorized representatives.
(B) Participants in a drug addict or alcoholic treatment and rehabilitative program are exempt from the work registration requirement.Participation must be verified through the organization or institution operating the program before granting the exemption if the information is inconsistent with other information on the application, previous application, or other documented information.
(2) Approved centers.The drug or alcohol treatment and rehabilitative center must be approved by the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), or by Food and Nutrition Services (FNS) as a retailer.¢ 3
(3) Center responsibility.All treatment and rehabilitative centers must provide the local human services center (HSC) with a list of currently participating residents on a monthly basis.This list must include a statement signed by a responsible center official attesting to the validity of the list.¢ 4
(4) When participant leaves the center.When a participant leaves a treatment center, the center:
(A) notifies the departing resident household they may have food benefits left in their Electronic Benefit Transfer (EBT) account.
(i) The departing household receives its full food benefit if no food benefits have been spent on behalf of that person's household.These procedures are applicable any time during the month.
(ii) The center accesses only half of the food benefits in the resident's EBT account prior to the 15th of the month.
(iii) If the resident remains in the facility after the 15th day of the month, the remaining food benefits may be accessed on behalf of the resident.
(iv) If the household leaves after the 16th day of the month and the food benefits have already been issued and used, the household does not receive any further food benefits for that month;
(B) is no longer allowed to act as that person's authorized representative;
(C) provides, if possible, the person with Form 08FB038E, Changes in Household Circumstances, and advises the person to complete the form showing his or her new circumstances and to return the form to the local HSC within ten calendar days;
(D) informs the departing household they must go to the local HSC to secure their own Access Oklahoma card;
(E) deactivates immediately the Access Oklahoma card by calling the phone number shown on the back of the card; and
(F) notifies the HSC the participant left the treatment center.
(5) Reporting changes.The treatment center must notify the HSC of changes in the household income or other household circumstances required to be reported as outlined in OAC 340:50-9-5.
(6) Treatment center liability. The organization or institution is responsible for any misrepresentation or fraud it knowingly commits in the certification of treatment center residents.
(A) As an authorized representative, the organization or institution must be knowledgeable about the households' circumstances and carefully review these circumstances with residents prior to applying on their behalf.
(B) The organization or institution is strictly liable for all losses or misuse of food benefits held on behalf of resident households and for all over issuances which occur while the households are residents of the treatment center.¢ 5
INSTRUCTIONS TO STAFF 340:50-5-26
Revised 6-1-0911-1-13
1.See Refer to Oklahoma Administrative Code (OAC) 340:50-5-7(b)(2)(B) for information regarding persons considered residents of institutions.
2.To be considered a resident of the drug or alcohol treatment center, the treatment plan must require a minimum 30-calendar day stay in the facility center.
3.(a) Prior to certifying any a resident for food benefits, the worker verifies the treatment center is approved as a treatment center by the:
(1) Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) as a treatment facility;
(2) United State Department of Agriculture (USDA) Food and Nutrition Services (FNS); or
(3) Adult and Family Services (AFS) Supplemental Nutrition Program (SNAP) Section.Facilities approved by ODMHSAS can be found on the ODMHSAS Web site. AFS SNAP Section staff approves faith-based treatment centers.
(b) The worker may view ODMHSAS, FNS, and AFS approved facilities on the Infonet under the AFS comprehensive job function page /SNAP.
4.At least once every calendar quarter the worker, designated by the county director of the local human services center (HSC), visits the treatment center to ensure the accuracy of the listings and the Oklahoma Department of Human Services (OKDHS) records are consistent and up to date.
(a) An employee of the treatment center completes and sends Form 08FB013E, Supplemental Nutrition Assistance Program (SNAP) Daily Census Report, to the local county office on a monthly basis within five calendar days of the end of the report month.The treatment center keeps the original copy and makes it available to AFS staff when requested.
(b) The worker designated by the county director visits the treatment center at least once every calendar quarter and completes Form 08FB014E, Supplemental Nutrition Assistance Program (SNAP) Record of On-Site Visit, to document the visit.The worker selects and compares one of the monthly Form 08FB013Es submitted to the county office within the last calendar quarter with the treatment center's records and notes all discrepancies and explanations offered by treatment center staff for the discrepancies on Form 08FB014E.
5.Local HSC county office staff notifies the Family Support Services Division (FSSD) Supplemental Nutrition Assistance Program (SNAP) AFS SNAPSection when it has reason to believe an organization or institution is misusing food benefits in its possession.When the worker notes discrepancies on Form 08FB014E, he or she must submit a copy of the completed form to the AFS SNAP Section within 10 calendar days of the on-site visit.
340:50-5-67. Citizenship and alien status
Revised 6-1-11
(a) As defined in federal law, to be eligible for food benefits a person must be:
(1) a United States (U.S.) citizen;¢ 1
(2) a U.S. non-citizen national;¢ 2
(3) an alien who is both qualified and eligible; or¢ 3
(4) an alien not required to meet qualified alien status.¢ 4
(b) Pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes, all persons 14 years of age and older must declare whether they are residing in the U.S. lawfully and may be required to sign Form 08MP005E, Citizenship Affidavit, per OAC 340:65-3-1(g).
INSTRUCTIONS TO STAFF 340:50-5-67
Revised 6-1-1111-1-13
1.(a) A United States (U.S.) citizen is a person, other than a foreign diplomat, born in the U.S., Puerto Rico, Guam, the U.S. Virgin Islands, or Northern Mariana Islands, who has not renounced or otherwise lost his or her citizenship.A person born outside the U.S. is a U.S. citizen if when at least one parent is a U.S. citizen at the time of the child's birth.
(b) The applicant or recipient must declare the citizenship or alien status of all household members requesting food benefits on the application.Form 08MP022E, Declaration of Citizenship Status, is used to declare citizenship or alien status when new household members are added to the food benefits after certification.
(c) If When a household member's U.S. citizenship is questionable, the household member must provide verification.Verification of citizenship is made by examining the person's:
(1) birth certificate;
(2) baptismal certificate;
(3) U.S. passport; or
(4) certification of citizenship or naturalization provided by the U.S. Citizenship and Immigration Services (USCIS), such as an identification card for use of the resident citizen of the U.S., USCIS Form I-179, or USCIS Form I-197.
(d) If When verification of citizenship cannot be obtained and the household provides a reasonable explanation for why verification is not available, the worker accepts a signed statement from someone who is a U.S. citizen who declares under penalty of perjury that the person in question is a U.S. citizen.The signed statement must contain a the warning, that "if If you intentionally give false information to help this person get food benefits, you may be fined, imprisoned, or both."When the person is 14 years of age or older, he or she may also be required to complete Form 08MP005E, Citizenship Affidavit, per Oklahoma Administrative Code (OAC) 340:65-3-1(g).
(e) Members of the household whose citizenship is in question are ineligible and the worker counts their income for the food benefit household per OAC 340:50-5-8.1 until they provide proof of U.S. citizenship.
(f) When the applicant declares that some or all of the household members applying for benefits are aliens, the worker must follow the Systematic Alien Verification for Entitlement (SAVE) procedures described at per OAC 340:65-3-4(5) to determine if when the documents provided to verify legal alien status are valid.
2.A U.S. non-citizen national is a person born in outlying possessions of the U.S. on or after the U.S. acquired possession or his or her parent(s) is a U.S. non-citizen national.Examples of outlying possessions are American Samoa or Swains Island.
3.(a) A qualified alien is a person who at the time he or she applies for or receives food benefits is:
(1) lawfully admitted for legal permanent residence (LPR) in the U.S. under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988;
(2) granted asylum under Section 208 of the Immigration and Nationality Act (INA);
(3) an alien whose deportation is being withheld under Section 243(h) of the INA as in effect before April 1, 1997, or removal is withheld under Section 241(b)(3) of the INA;
(4) a refugee who is admitted under Section 207 of the INA;
(5) a Cuban or Haitian entrant:
(A refugee admitted under Section 501(e) of the Refugee Education Assistance Act of 1980, including Haitian orphans permitted to enter the U.S. under humanitarian parole on or after January 12, 2010; or
(B) parolee admitted under INA 212(d)(5) since October 19, 1980;
(6) paroled into the U.S. under Section 212(d)(5) of the INA for at least one year.Exception:Paroled Cubans or Haitians are not subject to the one year rule;
(7) granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;
(8) a battered spouse, battered child or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or Section 244(A)(3) of the INA; or
(9) a victim of a severe form of trafficking and/or his or her eligible relatives.
(A) A victim has a letter of certification issued by Office of Refugee Resettlement (ORR).The victims and their eligible relatives also have a T Visa.
(B) To verify the validity of ORR issued letters and to inform ORR of the benefits for which the victims have applied, call the victims verification toll-free number 1-866-401-5510.
(b) To be eligible, a qualified alien must meet at least one of the criteria listed in (1) through (9) of this Instruction Instructions to Staff (ITS) and is not limited in participation unless otherwise stated.The qualified alien:
(1) is a veteran of the U.S. military who was honorably discharged for a reason(s) other than alienage.The veteran must have at least 24 months of active service or if he when the veteran was called to active duty for a specified time less than 24 months had completed the specified number of months of service.The veteran's spouse and unmarried dependent children are also eligible with no time limits.The term veteran also includes:
(A) military personnel who die during active duty service; and
(B) persons who served in the Philippine Commonwealth Army during World War II or as a Philippine scout following the war;
(2) is an unmarried dependent child of a deceased veteran or person who died during active duty service;
(3) is the surviving spouse of a deceased veteran or person who died during active duty service who has not remarried and who was married to the veteran:
(A) for at least one year;
(B) before the end of a 15-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated; or
(C) for any period of time if when a child was born of the marriage or before the marriage;
(4) is on active military duty, not including active duty for training, the alien's spouse, or an unmarried dependent child;
(5) can be credited with 40 qualifyingquarters of coverage under Title II of the Social Security Act.
(A) Quarters may be used both by the person working them and the persons to whom they are deemed.
(B) Quarters worked after December 31, 1996, are not counted or credited as part of the 40-quarter fulfillment if when the alien, his or her parent(s), or spouse received any means-tested public benefit during that quarter.Means-tested public benefits are:
(i) Supplemental Security Income (SSI);
(ii) food benefits;
(iii) Temporary Assistance to Needy Families (TANF);
(iv) SoonerCare (Medicaid); and
(v) the Food Assistance Program in Puerto Rico, American Samoa, and the Northern Mariana Islands.
(C) Quarters credited may be:
(i) earned by the person;
(ii) earned by a spouse during the period of the legal marriage including common law;
(iii) earned by a spouse now deceased during their marriage if when the surviving spouse has not remarried;
(iv) earned by parents, natural or adoptive, while the alien child was under less than 18 years of age and unmarried.This includes quarters earned before the birth of the person.The alien child can continue to count these quarters after he or she reaches 18 years of age;
(v) earned by a stepparent during the marriage to the alien child's natural or adoptive parent.The alien child can continue to count these quarters after he or she reaches 18 years of age.The step relationship is based on the marriage of the child's parent to the stepparent.The quarters can be credited from the quarter in which the marriage occurred through the quarter the child attains 18 years of age.During a marital separation, the quarters are counted.If When the marriage ended by the death of the stepparent, the stepparent's quarters are counted.If When the marriage ended because of divorce, the stepparent's quarters are not counted; or
(vi) deemed back and forth within the family group, from spouse to spouse, and parent to child, but not from child to parent.For example, the mother and father each have 20 countable quarters that can be deemed to each other as well as any of their minor children living in the home, making them all eligible;
(6) is currently receiving disability or blindness payments under programs described in OAC 340:50-5-4(a)(2) through (a)(8)(B);
(7) has resided in the U.S. as a qualified alien for five years since the date of entry;
(8) has been admitted to the U.S. as:
(A) a refugee to the U.S. under Section 207 of the INA;
(B) an alien granted asylum under Section 208 of the INA;
(C) an alien whose deportation is being withheld under Section 243(h) or 241(b)(3) of the INA;
(D) an Amerasian admitted pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988;
(E) a Cuban or Haitian entrant under Section 501(e) of the refugee Education Assistance Act of 1980, including Haitian orphans permitted to enter the U.S. under humanitarian parole on or after January 12, 2010.This includes Cubans or Haitians paroled into the U.S. under INS 212(d)(5) since October 19, 1980; or
(F) a victim of a severe form of trafficking and his or her eligible relatives; or
(9) is a child under 18 years of age regardless of when he or she was admitted.
(c) When the applicant declares that some or all of the household members applying for benefits are aliens, the worker must follow the SAVE procedures described at OAC 340:65-3-4 to determine if when the documents provided to verify legal alien status are valid.
4.Aliens not required to meet qualified alien status are:
(1) American Indians born in Canada to whom the provisions of Section 289 of the INA [8 United States Code (USC) 1359] apply and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act. [25 USC 450(e)]This provision was intended to cover American Indians who are entitled to cross the U.S. border into Canada or Mexico.This includes among others, the:
(A) St. Regis Band of the Mohawk in New York State;
(B) Micmac in Maine;
(C) Abanaki in Vermont; and
(D) Kickapoo in Texas;
(2) persons who are lawfully residing in the U.S. and were members of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to the U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975.The spouse or surviving spouse who has not remarried and unmarried dependent children of such person may also be eligible for food benefits;
(3) Iraqis admitted in special immigrant status as defined in Section 101(a)(27) of INA [8 U.S.C. 1101(a)(27)], and per Section 1059, Public Law (P.L.) 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 1244 of P.L. 110-181 the National Defense Authorization Act for Fiscal Year 2008 pursuant to Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008, and Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal year 2008, and the Department of Defense Appropriations Act of 2010 Section 8120 P.L. 111-119 are treated as refuges pursuant to Section 207 of the INA.
(4) Afghans admitted in special immigrant status as defined in Section 101(a)(27) of INA [8 U.S.C. 1101(a)(27)] and per Section 1059 P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act, 2009, pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act, 2009, and the Department of Defense Appropriations Act of 2010 Section 8120 P.L. 111-119 are treated as refuges pursuant to Section 207 of the INA.
SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA
PART 3. INCOME
340:50-7-22. Income exclusions
Revised 6-1-13
Only the payments listed in this Section are excluded from the household's income, from income of disqualified members whose income is counted, or from the income of ineligible aliens who would otherwise be household members.No other income is excluded.
(1) In-kind income.In-kind income is any gain or benefit that is not in the form of money payable directly to the household, including non-monetary or in-kind benefits, such as meals, clothing, public housing, or produce from a garden.
(2) Vendor payments.Vendor payments are payments in money on behalf of a household when a person or organization outside the household uses its own funds to make a direct payment to either a household's creditors or a person or organization providing a service to the household.¢ 1
(3) Educational assistance.Educational assistance including grants, work-study, scholarships, fellowships, educational loans on which payment is deferred, veteran's education benefits, and the like are exempt if receipt is contingent upon the student regularly attending school and the money received is intended to offset the costs of education and expenses as identified by the institution, school, program, or other grantor.¢ 2If the money is not intended to be a reimbursement, as described in paragraph (7) of this Section, and is a gain to the client, it is considered income.¢ 3
(4) Family Support Assistance Payment Program.Family Support Assistance Payment Program payments provided by Developmental Disabilities Services Division (DDSD) are excluded.
(5) Income excluded by law.Income excluded by law is:
(A) reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.[Public Law (P.L.) 91-646, § 216]Such payments are:
(i) payments to persons displaced due to the acquisition of real property;
(ii) relocation payments to a displaced home owner toward the purchase of a replacement dwelling if the owner purchased and occupied the dwelling within one year following displacement; and
(iii) replacement housing payments to displaced persons not eligible for a home owner's payment;
(B) payments received:
(i) under the Alaska Native Claims Settlement Act[P.L. 92-203 § 21(a)];
(ii) under the Sac and Fox Indian Claims Agreement [P.L. 94-189];
(iii) from the disposition of funds to the Grand River Band of Ottawa Indians[P.L. 94-540];
(iv) by members of the Confederated Tribes of the Mescalero Reservation[P.L. 95-433];
(v) under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation[P.L. 96-420]; or
(vi) by an individual as a lump sum or a periodic payment via the Cobell settlement per the Claims Resolution Act of 2010 [P.L. 111-291 § 101(f)(2)];
(C) any payment to volunteers under Title II, Retired and Senior Volunteer Program (RSVP), foster grandparents and others, of the Domestic Volunteer Services Act of 1973[P.L. 93-113] as amended;
(D) income derived from certain submarginal land of the United States which is held in trust for certain Indian tribes[P.L. 94-114, § 6];
(E) Indian per capita payments distributed from judgment awards and trust funds made pursuant to P.L. 98‑64.Also excluded is any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds.Any per capita payments, headrights of the Osage tribe, income from mineral leases or other tribal business ventures are excluded, as long as they meet the distribution requirements as stated in this paragraph.¢ 4Any interest or income derived from the funds after distribution is considered as any other income.The per capita exclusion applies per person rather than per family;
(F) income up to $2,000 per year received by individual Indians, which is derived from leases or other uses of individually-owned trust or restricted lands.The income exclusion applies to calendar years beginning January 1, 1994.Any remaining disbursements from the trust or restricted lands are considered as income;¢ 5
(G) allowances, stipends, earnings, compensation in lieu of wages, grants, and other payments made for participation in the Workforce Investment Act (WIA) or other federally funded workforce training program to persons of all ages and student status with the exception of income paid to persons 19 years of age and older for on-the-job training.This income is treated as any other earned income; ¢ 6
(H) payments, allowances, or earnings to persons participating in programs under Title I of the National and Community Service Act, such as University Year for Action (UYA), Senior Companion Program, AmeriCorps Volunteers in Service to America (VISTA) and other AmeriCorps Programs, are not included as income for purposes of determining food benefit eligibility and benefit level;
(I) payments or allowances made under any federal law for the purpose of energy assistance, Low Income Home Energy Assistance Program (LIHEAP) and utility payments, and reimbursements made by the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA);
(J) the amount of the mandatory salary reduction of military service personnel used to fund the G.I. Bill;
(K) all funds that are paid to persons under the Community Service Employment Program under Title V,P.L. 100-175.This program is authorized by the Older Americans Act.Each state and various organizations receive some Title V funds.These organizations include:
(i) Experience Works;
(ii) National Council on Aging;
(iii) National Council of Senior Citizens;
(iv) American Association of Retired Persons (AARP);
(v) U. S. Forest Service;
(vi) National Association for Spanish Speaking Elderly;
(vii) National Urban League;
(viii) National Council on Black Aging; and
(ix) National Council on Indian Aging;
(L) Earned Income Tax Credit (EITC) payments received as part of a tax refund and also EITC advance payments received as part of a paycheck[P.L. 100-435];
(M) refunds of the state EITC as a result of filing a state income tax return;
(N) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.);
(O) payments received under the Civil Liberties Act of 1988.These payments are made to persons of Japanese ancestry who were detained in interment camps during World War II;
(P) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from the exposure to radiation from nuclear testing and uranium mining;
(Q) payments for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act;
(R) payments made to persons because of their status as victims of Nazi persecution;
(S) funds distributed by Federal Emergency Management Assistance (FEMA) due to a disaster or emergency to persons directly affected by the event.This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations.For payments to be excluded, the disaster or emergency must be declared by the President of the United States;
(T) monetary allowances as described in Section 1823(c) of Title 38 of the United States Code (U.S.C.) provided to certain persons who are children of Vietnam War veterans;¢ 7
(U) Disaster Unemployment Assistance paid to persons unemployed as a result of a major disaster; and
(V) benefits paid to certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II by the Filipino Veterans Equity Compensation Fund.
(6) Payments which are not considered income.
(A) The payments in (i) through (iii) are not considered as income.
(i) Monies withheld from any income source to repay a prior overpayment from that same source.
(ii) Monies voluntarily or involuntarily returned to repay a prior overpayment received from that same income source.
(iii) Child support payments received by Temporary Assistance for Needy Families (TANF) recipients that are sent to Oklahoma Child Support Services (OCSS) to maintain TANF eligibility.
(B) Monies withheld or returned to repay overpayments in federal, state, or local means-tested assistance programs are counted when they are withheld or returned to repay overpayments resulting from intentional program violation as established by the agency administering the program.
(i) In the Supplemental Nutrition Assistance Program (SNAP), willful misrepresentation is considered as intentional program violation.
(ii) The State Supplemental Payment to the Aged, Blind, and Disabled and TANF programs define intentional program violation using the terms restitution, fraud, and willful misrepresentation.
(iii) The Social Security Administration (SSA) and Veterans Benefits Administration programs define intentional program violation as fraud.Supplemental Security Income (SSI) is a means-tested program within SSA.
(7) Reimbursements.
(A) Reimbursements for past or future expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household are not considered.¢ 8Examples are reimbursements for:
(i) job or training related expenses such as travel, per diem, uniforms, and transportation to and from job or training site.However, if these expenses are not reimbursements, they are considered income;
(ii) out-of-pocket expenses incurred by volunteers in the course of their work;
(iii) medical or dependent care; and
(iv) services provided by Title XX of the Social Security Act.
(B) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses.The amount of the reimbursement that exceeds the actual incurred expenses is counted as income.A reimbursement is not considered to exceed actual expenses unless the provider or household indicates the amount is excessive.
(8) Money received for third parties.Money received and used for the care and maintenance of a third party beneficiary who is not a household member is not considered.
(A) If the intended beneficiaries of a single payment are both household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member is excluded.
(B) If the non-household member's portion cannot be readily identified, as in TANF cash assistance payments, the payment is evenly prorated among intended beneficiaries.The exclusion is applied to the non-household member's pro rata share or the amount actually used for the non-household member's care and maintenance, whichever is less.
(9) Earnings of a child.Earned income of a child who is head of his or her own household is counted.The earned income of an elementary or high school student 17 years of age or younger who is under parental control of an adult household member is excluded.This exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break.If the child's earnings cannot be differentiated from those of other household members, the total earnings are prorated equally among the working members, and the child's prorated share is excluded.¢ 9
(10) Other types of excluded income.
(A) Loans. All loans, including loans from private as well as commercial institutions, are excluded.Verification the income is a loan is required.¢ 10
(B) Irregular Income.Exclude any income in the certification period that is received too infrequently or irregularly to be reasonably anticipated that is $30 or less per quarter.
(C) Non-recurring lump sum payments.Exclude money received in the form of non-recurring lump sum payments, including but not limited to: income tax refunds, rebates, credits, retroactive lump sums from SSA, SSI, public assistance, Railroad Retirement pensions, or other payments, or retroactive lump sum insurance settlements.
(D) Cost of self-employment.Exclude the cost of producing self-employment income.¢ 1011
(E) Income of non-household members.The income of non-household members who have not been disqualified or are not ineligible aliens is not considered available to the household.¢ 1112
(F) Charitable contributions.Exclude cash contributions to a household from one or more private non-profit charitable organizations, not to exceed $300 in a federal fiscal year quarter.For the purposes of this provision a quarter includes these specific months:
(i) October, November, December;
(ii) January, February, March;
(iii) April, May, June; and
(iv) July, August, September.
(G) Department of Housing and Urban Development's (HUD) Family Self-sufficiency Program (FSS) escrow accounts.Families participating in the HUD FSS program may withdraw money from their escrow accounts prior to completion of the program.This money is excluded as income.¢ 1213
(H) Individual Development Account (IDA).Any funds deposited in an IDA operated under the Assets for Independence Act and the interest that accrues.
INSTRUCTIONS TO STAFF 340:50-7-22
Revised 6-1-1311-1-13
1.Examples of vendor payments that are excluded as income are:
(1) a friend, employer, agency, church, relative, or former spouse making payments for household expenses, such as rent or utilities directly to the landlord or utility company.When the payment is made from funds not owed to the household, it is a vendor payment and excluded as income;
(2) an employer paying a household's rent or house payment directly to the landlord or financial institution as compensation, in addition to paying regular wages.This is a vendor payment and excluded as income.If When the employer provides a house to an employee, the value of the housing is not considered income;
(3) a household receiving court-ordered monthly child support payments in the amount of $400.Later, $200 is diverted by the non-custodial parent and paid directly to a creditor of the food benefit household.The entire $400 is counted as unearned income to the household because the payment is taken from money that is owed to the household.Payments specified by a court order or other legally binding agreement to go directly to a third party rather than the household are excluded from income because they are not otherwise payable to the household.For example, a court awards support payments in the amount of $400 per month and, in addition, orders $200 paid directly to a bank for repayment of a loan.The $400 is counted and the $200 payment is not counted;
(4) payments by a government agency to a child care facility for the purpose of providing child care for a household member are considered vendor payments and excluded as income; and
(5) payments or allowances made by the Department of Housing and Urban Development (HUD) or by the Farmers Home Administration (FmHA) directly to mortgage holders, landlords, or utility providers are vendor payments and excluded as income.
2.Exempt student income includes:
(1) any money from Title IV of the Higher Education Act including federal or state work study;
(2) educational assistance funded through the Veterans Administration (VA), such as the Servicemen's Readjustment Act of 1944, commonly known as the Government Issue (GI) Bill;
(3) grants;
(4) scholarships;
(5) subsidized and unsubsidized Stafford loans;
(6) federal PLUS loans;
(7) TRIO grants;
(8) Robert C. Byrd Honors Scholarship Program;
(9) Bureau of Indian Affairs (BIA) student assistance;
(10) money from the Carl D. Perkins Vocational Education Act, such as the Native American Career and Technical Education Program (NACTEP); and
(11) Workforce Investment Act (WIA).
3.Student income that is not exempt includes:
(1) money that is paid directly to the student and not sent through the bursar's account other than funds listed in Oklahoma Administrative Code (OAC) 340:50-7-22 Instructions to Staff # 2;
(2) institutional work study; or
(3) money intended as an incentive for school attendance or grades rather than school expenses.
4.Per capita payments or income from tribal business ventures, such as some of the tribal gaming payments, do not always meet the distribution requirements to be exempt.When it is not known if the payments meet the distribution requirements of Public Law 98-64, the worker must contact the tribe to verify whether the payment meets the requirements.
5.(a) The client must provide proof of total disbursements received for the previous calendar year to determine how much, if any, of the income counts.If When the client received more than $2,000, the amount over $2,000 is divided by 12 to determine monthly countable income.For example, when total disbursements equaled $2,100, the calculation is $2,100 minus $2,000 equals $100.The $100 is then divided by 12 to determine monthly countable income.
(b) When other household members also receive disbursements, the first $2000 is disregarded for each household member before any income is counted.
6.(a) There are numerous programs for which income is excluded.Some of the more common examples include income received from Youthbuild, Summer Youth, Job Corps, and paid classroom training.For less common examples, the worker must determine if the program is a federally funded workforce training program.
(b) Income, aid, services, or incentives received by households participating in programs funded by Health Profession Opportunity Grants (HPOG) per Section 5507 of the Affordable Care Act (ACA) are exempt.HPOG may be granted to State agencies, workforce investment boards, community based organizations, or institutions of higher learning.
7.This includes income paid to children of Vietnam War veterans for any disability relating from spina bifida suffered by the child.
8.Kinship Startup Stipends are considered a reimbursement for food benefit purposes and are exempt.
9.(a) For purposes of this provision, an elementary or through high school student includes someone who attends classes to obtain a General Educational Development (GED), when these classes are recognized, operated, or supervised by the student's state or local school district.
(b) The earned income of the student must be counted beginning the month following the month the student reaches 18 years of age.This applies regardless of marital status as long as the student continues to live with a parent.
(c) Section 204(b)(1)(c) of the Workforce Investment Act (WIA) on-the-job training of a child who has not had his or her 19th birthday is exempt as long as the child is under the parental control of another household member regardless of student status.
10.Per OAC 340:50-7-45(c)(3), a statement signed by both parties indicating the payment is a loan and must be repaid is sufficient verification.Form 08AD103E, Loan Verification, may be used for this purpose.
1011.Refer to OAC 340:50-7-30(2) for information regarding self-employment determination.
1112.Refer to OAC 340:50-5-5 and 340:50-5-6 for information regarding which household members are considered non-household members and how to consider their income.
1213.Exempt income from the Department of Housing and Urban Development (HUD) Family Self Sufficiency (FSS) programs includes:
(1) Housing Choice Voucher Family Self Sufficiency Program; and
(2) Resident Opportunities and Self Sufficiency Program (ROSS).
340:50-7-30. Self-employed households
Revised 7-1-12
(a) Person considered self-employed. 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) Self-employment income. Self-employment income received by household members whose income is derived 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 per the procedures listed in paragraphs (1) through (10) of this subsection.
(1) Capital gains.The worker counts as income the proceeds from the sale of capital goods or equipment and 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 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) When the household's self-employment income has been received for less than a year, the income must be averaged over the period of time received and the monthly amount projected for the coming year.¢ 1
(B) When the household's self-employment income has been received for a short time and there is insufficient data to make a reasonable income projection, the worker does not consider income 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) 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.¢ 3
(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 household's self-employment business records or employer records, if applicable.
(ii) If the 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 in (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 (7) 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.
(C) The worker includes the net income from self-employment with other earned income minus the earned income deduction.
(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 (7) of this Section.
INSTRUCTIONS TO STAFF 340:50-7-30
Revised 6-1-1311-1-13
1.(a) To average the income and expenses when the self-employment has been received for less than a full year, the worker divides the total income by the number of months received.For example, varied self-employment income was received from February 18th to the application month of November.The income is averaged for nine months, February through October.It is correct to count the first month income was received the business started through the last complete month when computing an annualized figure for new 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.
2.(a) When the person is considered self-employed as a contract laborer, receives a set salary that does not vary, and has been employed for a period of time where sufficient data is available from the employer to make a reasonable income projection, but not sufficient to annualize income, earnings are anticipated by multiplying the amount received by the appropriate conversion factor.For example, the client starts a new self-employment contract labor job and he or she works 40 hours per week at $10 per hour.The client received two weekly checks in the amount of $400 each.The month is not over, but the employer states the person will continue to be paid $400 weekly.It is correct to use $400 X 4.3 to anticipate the person's monthly income.
(b) At mid-certification renewal or certification renewal, the worker averages the income over the number of months received until a full year's information is available.
3.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.
340:50-7-31. Deductions
Revised 6-1-11
(a) Deductible expenses from income include only certain costs of dependent care, shelter, the earned income allowance, a standard deduction, certain medical costs for elderly or disabled household members, and legally binding child support payments as described in OAC 340:50-7.
(1) The portion of the household's allowable shelter, utility, and dependent care expenses, paid by or billed to a disqualified household member, per OAC 340:50-7-29(c)(2), is divided evenly among the household members, including the disqualified member.All except the disqualified member's share is considered a deductible shelter expense for the remaining household members.¢ 1
(2) Business expenses for the self-employed are handled per OAC 340:50-7-30.
(b) Deductions from income are allowed for the expenses listed in paragraphs (1) through (6) of this subsection.
(1) Standard deduction.The appropriate standard deduction as shown in Oklahoma Department of Human Services (OKDHS) Appendix C-3, Maximum Food Benefits Allotments and Standards for Income and Deductions, is deducted from the household's income.
(2) Earned income deduction.The appropriate amount of earned income deduction from OKDHS Appendix C-3 is deducted from the gross earned income to cover the cost of state and local income taxes, pensions, union dues, and work related expenses.The earned income deduction is not allowed on any portion of income that is attributable to public assistance.No other deduction is allowed from the gross earned income.
(3) Medical expense deduction.Medical expenses exceeding $35 per month incurred by elderly or disabled household members, per OAC 340:50-5-4, are deductible.The $35 is subtracted from medical expenses once per household even though the household has more than one elderly or disabled member.¢ 12 When the household does not know the amount of on-going medical expenses anticipated monthly during the certification period, the anticipated expense amount is determined by averaging at least the past two month's expenses.¢ 23
(A) Households report and verify medical expenses at certification and recertification.Households are not required to report changes in medical expenses during the certification period.¢ 34
(i) When a household voluntarily reports a change in medical expenses that will reduce the food benefit allotment, no verification is needed.However, the change does require notice of adverse action.
(ii) When a household voluntarily reports a change in medical expenses that will increase the food benefit allotment, the change must be verified before the change is made.
(iii) If OKDHS finds out about a change from a source other than the household, the change is acted on when verified upon receipt.The household is not contacted for additional information.When the change requires household contact for additional information or verification, a change is not made.
(B) If a household reports an anticipated medical expense at the time of certification, but is unable to provide the verification at that time, the household is told the expense will be allowed when the verification is provided during the certification period.Upon verification, a household may elect a one-time medical deduction or average the expense over the remaining months of the certification period.¢ 45 Allowable costs are:
(i) medical and dental care, including psychotherapy and rehabilitation services provided by a licensed practitioner or other qualified health professional authorized by state law;¢ 56
(ii) hospitalization or outpatient treatment, nursing care, and nursing home care, including payments by the household for a person who was a household member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state;¢ 67
(iii) prescription drugs and other over-the-counter medication, including insulin, when approved by a licensed practitioner or other qualified health professional authorized by state law.Costs of medical supplies, sick-room equipment, including rentals, or other prescribed equipment are also included;¢ 78
(iv) health, dental, and hospitalization policy premiums;¢ 89
(v) Medicare premiums, and any cost-sharing or spend-down expenses incurred by Medicare or SoonerCare (Medicaid) recipients;
(vi) dentures, hearing aids, and prosthetics;¢ 910
(vii) eye glasses prescribed by a licensed practitioner, and securing and maintaining a seeing eye or hearing dog, including the cost of dog food and veterinarian bills;¢ 1011
(viii) reasonable cost of transportation and lodging to obtain medical treatment or services; and¢ 1112
(ix) maintaining an attendant, homemaker, home health aide, child care services, or housekeeper due to age, infirmity, or illness.If this expense also qualifies as a dependent care expense as described in paragraph (4) of this subsection, it is considered as a medical expense rather than a dependent care expense.Additionally, if the household furnishes a majority of the caretaker's meals, an amount equal to one allotment is added to the medical expense for meals provided.The allotment used is the amount in effect at certification.
(C) Costs not allowable asmedical expense deductions include:
(i) costs associated with special diets;
(ii) premiums for health and accident insurance policies such as those payable in lump sum settlements for death or dismemberment;
(iii) premiums for income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled; or
(iv) items that can be purchased with food benefits such as dietary supplements.
(4) Dependent care.Dependent care is payment for the actual cost for the care of a child or other dependent when necessary for a household member to seek, accept, or continue employment or to attend training or education preparatory to employment.
(A) This deduction is applicable regardless of whether the household member is subject to the Supplemental Nutrition Assistance Program Employment and Training requirements.
(B) If this expense also qualifies as a medical expense, it is considered as a medical expense rather than a dependent care expense.
(C) There is no maximum dependent care deduction.The total reported by the client is an allowable expense as long as it meets the criteria in this Section.
(D) Dependent care is only verified when the expenses claimed actually result in a deduction and other information available to the worker is inconsistent with the household's claim that it incurs a dependent care expense
(5) Legally-binding child support.A deduction is allowed for verified legally-binding child support payments paid by a household member to or for a non-household member, including payments made to a third party on behalf of the non-household member.¢ 1213
(6) Shelter costs.A household is allowed a shelter deduction when the monthly shelter cost exceeds 50% of the household's income after all other deductions are allowed.The shelter deduction cannot exceed the maximum amount as shown in OKDHS Appendix C-3, unless the household has an elderly or disabled member.Households with an elderly or disabled member receive an excess shelter deduction for the monthly cost exceeding 50% of the household's income after the deductions listed in paragraphs (1) through (6) of this subsection are allowed.All homeless households who incur or expect to incur a shelter cost during the month are entitled to use the estimated homeless shelter deduction to determine food benefit eligibility and benefit level.This estimate covers shelter costs as described in this paragraph.If a homeless household is living in a vehicle for which they are making payments, the monthly payment is allowed as a shelter cost.If the household's actual verified shelter cost exceeds the estimated amount, the larger amount is used.¢ 14 Shelter costs only include:
(A) continuing charges for the shelter occupied by the household, including rent, mortgage, or other continuing charges leading to the ownership of the shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments.The charge for renting or buying the land on which a mobile home is located is also a shelter cost;¢ 1315
(B) property taxes, state and local assessments, and insurance on the structure except for the separate costs for insuring furniture or personal belongings.¢ 1416
(i) The cost of vehicle registration or tag for a mobile or motor home is not a shelter expense.
(ii) A mobile home is taxed as part of the property tax when the land is owned or being purchased, and is a shelter expense.
(iii) Unregistered mobile homes on rented land are taxed as personal property.The personal property tax for the mobile home is a shelter expense.No other personal property tax is a shelter expense;
(C) charges for heating, cooling, or cooking fuel; electricity; water, sewage, garbage, and trash collection fees; and the basic service fee and tax for one telephone.A household incurring an allowable utility expense receives the total amount of the utility standard specified in OKDHS Appendix C-3 for one of the mandatory utility standards in (i) through (iii) of this subparagraph.¢ 1517
(i) The standard utility allowance (SUA) is a single standard based on annual averages that include costs for heating or cooling; and cooking fuel, electricity, basic telephone service, water, sewage, and garbage.¢ 1618
(I) The SUA is used as long as the household is billed for heating or cooling during the year.Households billed less often than monthly for heating costs such as butane or propane may continue to use the utility standard between billing months.If the household reports they no longer incur a heating or cooling expense, but still have a utility expense, the standard must be changed to the basic utility allowance (BUA) or telephone standard.¢ 1719
(II) A household with utility expenses that are reimbursed or paid by an excluded payment such as a vendor payment, Housing and Urban Development (HUD), or Farmers Home Administration (FmHA) payment may use the SUA when heating or cooling costs exceed the excluded payment amount.
(ii) The BUA includes utility charges the household incurs other than for heating and/or cooling.¢ 1820
(iii) The telephone standard is used when the household is not entitled to use the SUA or BUA, but has a telephone cost; and¢ 1921
(D) the shelter costs for the home even when not actually occupied by the household, because of employment or training away from home, illness, or abandonment of the home due to disaster or casualty loss.¢ 2022
(i) For the cost of a vacated home to be included in shelter costs the:
(I) household must intend to return to the home;
(II) current occupants of the home, if any, must not be claiming the shelter costs during the absence of the household; and
(III) home must not be rented or leased during the absence of the household.
(ii) If a deductible expense must be verified and obtaining the verification may delay the household's certification, the worker advises the household that the household's eligibility and benefit level may be determined without providing a deduction for the claimed but unverified expense.
(iii) The appropriate utility standard is used if the household is entitled to claim it.
(c) The worker calculates a household's expenses based on the expenses the household expects to be billed for during the certification period.The worker anticipates expenses based on the most recent month's bills unless the household is reasonably certain a change will occur.
(d) Households may elect to have an expense that:
(1) is billed monthly and fluctuates, averaged;
(2) is billed less often than monthly, averaged forward over the interval between scheduled billings; or
(3) if there is no scheduled billing interval, averaged forward over the period the expense is intended to cover.
(e) A deduction is allowed in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense.
(1) For example, rent due each month is included in the household's shelter costs, even if the household has not yet paid the expense.
(2) Amounts carried forward from past billing periods are not deductible even if included in the most recent billing and actually paid by the household.
(3) A particular expense may be deducted only once.
(f) The portion of an expense paid by an excluded reimbursement or vendor payment is not deductible.The amount left after deducting the excluded payment is deductible and includes HUD and FmHA rent and utility payments.Expenses are only deductible if the service is provided by someone outside the household and the household makes a monetary payment for the service.¢ 2123
INSTRUCTIONS TO STAFF 340:50-7-31
Revised 8-1-111-1-13
1.(a) Per Oklahoma Administrative Code (OAC) 340:50-7-29(d)(1), income is counted in its entirety for a person disqualified because of:
(1) failure to comply with food benefit Employment and Training (E&T) Program requirements;
(2) a fleeing felon disqualification; or
(3) willful misrepresentation or fraud.
(b) The worker does not prorate utility, medical, dependent care, or shelter deductions for persons listed in (a) of this Instruction.
12.The worker enters the total verified monthly allowable medical expenses in the Family Assistance/Client Services (FACS) Expense tab "Elderly/Disabled Medical Expense."The computer automatically subtracts the a $35 medical expense deduction in addition to the worker entered medical expenses.
23.Ongoing monthly medical expenses may be anticipated by averaging at least the past two full calendar months' expenses.Expenses incurred each month may include prescription medication, monthly doctors' doctor visits, monthly blood tests, and insurance premiums.
(1) The household may choose to average regularly recurring expenses, such as medication purchased every other month or insurance premiums paid quarterly.For example,:The the client pays a premium for hospital insurance once every six months.The total premium of $192 may be divided by six, making the monthly average expense $32.
(2) The household also has the option to have the expense deducted during the month incurred or when the bill is due.
34.After certification, when the household reports changes in medical expenses of $25 or less, the worker makes the change without requiring verification unless the information provided is incomplete, inaccurate, inconsistent, or outdated.
45.(a) One-time medical expenses are those the household does not expect to recur.Some examples include hospital costs, purchase of prescription glasses, or dental work expenses.The worker explains to the client the options in (1) through (3) of this Instruction.The client may choose the option most beneficial to his or her household.The options are:
(1) allow the entire expense in the month incurred or when the bill becomes due;
(2) average the expense over the remaining months of the current certification period; or
(3) allow the expense over the scheduled length of a payment plan.
(b) One-time expenses are allowed at the time they are reported to the worker, only if when the bill is current and has not become past due.When a portion of the medical cost is paid by vendor payment or reimbursed by insurance, the deduction is not determined until the vendor payment or reimbursement is verified.
(c) The worker must verify the amount of any deductible medical expenses.Verification of other factors, such as allowing an expense or the eligibility of the person incurring the cost, is required only if when questionable.
56.These charges may also include, but are not limited to, office calls, hospital visits, house calls, special treatments, and chiropractic services.
67.Such costs may include, but are not limited to, room and board charges, drugs and medical supplies, therapy, surgery, and tests.
78.Over-the-counter medication must be a recommended part of the prescribed treatment plan, such as aspirin for arthritics.Medical supplies include, but are not limited to:
(1) needles and syringes used for insulin injection or other prescription medication;
(2) bandages and gauze for a surgical patient patients; and
(3) the cost of crutches, wheelchairs, hospital beds, colostomy bags, and portable oxygen.
89.Some health insurance policies cover household members who are not entitled to a medical deduction as well as those who are.When the portion of the premium paid for elderly or disabled members cannot be determined, the premium must be prorated among all members included on the policy.The prorated amount for one member must be multiplied by the number of elderly or disabled members.The resulting amount is considered a medical cost.
910.Other corrective devices are corrective braces worn on the limbs and braces worn on the teeth for orthodontic purposes.The cost of hearing aid batteries are considered a medical expense.
1011.Contact lenses prescribed by an opthamologist ophthalmologist or optometrist, are considered a medical expense.
1112.(a) Transportation costs are based upon the type of transportation used by the elderly or disabled member.If his or her own vehicle is used, the state's current mileage reimbursement rate is allowed.If the household member uses public transportation, the actual cost of the transportation is allowed.If the member pays a non-household member for transportation, the amount charged by the person is allowed.Verification must be obtained and adequately documented in the case record. When the elderly or disabled member:
(1) uses his or her own vehicle, the state's current mileage reimbursement is allowed;
(2) uses public transportation, the actual cost of the transportation is allowed; or
(3) pays a non-household member for transportation, the amount charged by the person is allowed.
(b) Lodging costs are allowed if when the elderly or disabled member is required to spend the night away from home to receive medical services.
(1) Verification The elderly or disabled member must provide proof that medical treatment did occur, occurred, and receipts verifying the lodging expense must be obtained.
(2) The cost of Allowed lodging does costs do not include meals or other incidentals.
1213.(a) For purposes of this policy, child support is any court-ordered money designated to be paid for the support of a child.This may include, but is not limited to:
(1) child support;
(2) child support arrearages;
(3) medical insurance or other health care premiums;
(4) child care obligations; or
(5) other obligations specified in individual court or administrative orders.
(b) Verification of the court-ordered amount is obtained along with verification of the actual support payments made each month.
(c) Child support also means money owed to a state for services provided for a child, including, but not limited to, Temporary Assistance for Needy Families, SoonerCare (Medicaid) benefits, and foster care.
14.The estimated homeless shelter deduction is removed from Appendix C-3, Maximum Food Benefits Allotments and Standards for Income and Deductions, effective October 1, 2013.For a homeless household living in a vehicle, the actual amount of the monthly car payment is allowed as a shelter deduction.
1315.When Examples of shelter expenses are include, but are not limited to:
(1) shelter expenses paid in advance.the The monthly shelter cost is allowed as if the payments were made monthly.
(2) Down down payments toward the purchase of a house.Down payments are not allowed as deductions as they are not continuing charges.
(3) Expenses are allowed if they are a shelter expense owed to someone outside the household and the.This is an allowable shelter expense when the household makes a monetary payment.For example, if When someone outside the household pays shelter expenses to the vendor, the expense is not allowable.Exception:If the unless the payment is considered a loan,.Per OAC 340:50-7-22(10)(A) and OAC 340:50-7-45(c)(3), the household must provide proof of the loan.When the household provides proof, the expense is allowed as a shelter deduction and the payment is excluded as income.
1416.These types of shelter expenses, which may be billed less often than monthly, may be averaged over the interval between scheduled billings.For example, property taxes billed and paid yearly may be averaged over a 12-month period.
1517.The worker prorates the appropriate utility allowance is prorated only when there is an ineligible or disqualified household member, or an ineligible student who is billed for contributing or paying the utility costs.
1618.To use the standard utility allowance (SUA) to calculate shelter costs, the utility charges for heating or cooling costs must be separate from the household rent or mortgage costs and actually incurred by the household.
(1) Cooling costs are limited to operation of room air conditioners and central air conditioning systems.
(2) Heating costs may be represented by a furnace, wood stove if when wood is purchased, fireplace, or electrical or kerosene space heater, if when the space heater is used as the primary source of heat.
1719.(a) The worker must assess the household's eligibility for the SUA at each application, reapplication, and when the household moves.
(b) Shared utility costs examples among more than one household are given in (1) through (4) of this Instruction.
(1) When more than one household shares the same living quarters and shares one or more of the utility costs that are billed separately from rent or mortgage payments, (A) or (B) of this Instruction applies.
(A) If When one household's name is on the utility bill and it alone pays the bill, allow the worker allows the full appropriate utility standard for that household.
(B) If When multiple households, whether receiving food benefits or not, are living live in the same residence and sharing share one or more of the utility costs billed separately from rent or mortgage payments, entitles each household to may receive the full appropriate utility standard amount, regardless of whose name is on the bill.
(2) When two or more families share a meter but have separate living quarters and the utility bill is addressed to only one family, accept the worker accepts the unaddressed household's statement of liability for the expense unless it is questionable.
(3) Households residing in low-income housing or other rental units with utilities included in the rent, but are liable for excess utilities are entitled to the basic utility allowance (BUA).
(4) If When a rental household is billed monthly by the landlord for actual usage of heating or cooling expense as determined through individual metering or by a utility company bill, the household is entitled to the SUA is used.If When the landlord bills the household is billed by the landlord for actual usage of utilities other than heating or cooling, the household is entitled to the BUA is used.
1820.Households who that do not incur heating or cooling costs, but are billed separately for utilities, such as cooking fuel, electricity not associated with cooling, water, sewage, garbage collection, and telephone costs are entitled to the BUA.
1921.If When the household's only telephone is a cellular phone, the telephone standard is given.
2022.Households maintaining two residences are allowed deductions for both residences if when they meet this criteria criterion.
2123.For example, the portion of rent or utility covered by excluded vendor payments or medical costs reimbursed by insurance is not calculated as part of the household's shelter cost or medical expenses.When only a portion of the medical cost is paid for by vendor payment or reimbursed by insurance, the amount not covered by the vendor payment or reimbursement is deductible at the time the amount of the vendor payment or reimbursement is verified.
PART 5. DETERMINATION OF INCOME
340:50-7-45. Income
Revised 6-1-10
(a) The methods in this Part are used to estimate income.The worker uses the method(s) that will best predict income for the current and future months.Actual income is used for the current and prior month, if known prior to teleprocessing the certification.When an extra check is received in the initial month due to a third or fifth week and the income is ongoing, it is converted to anticipated income.In the month of application, the anticipated income may be less than a full month's wages.In this case, use the actual or actual anticipated income for the month of application.For the remaining months of the certification period, the income is averaged and converted to a monthly amount to be used.If the household income is received more often than monthly, the income for future months of the certification period must be converted to a monthly amount, if the conversion represents the income anticipated to be received by the household.
(b) Household income means income from all sources excluding only those items described in OAC 340:50-7-22.The income considered is that income which is expected to be received during the period of certification.When an applicant or recipient reports no income and/or the household's expenses such as rent or mortgage, utilities, other payments, or miscellaneous personal expenses exceed the income, the worker must determine with the household how these needs are met.
(c) Gross, non-exempt income is verified for all households prior to certification.In cases where all attempts to verify income have been unsuccessful because the person or organization providing the income fails to cooperate with the household, the worker determines the amount to be used based on the best available information.
(1) Method of verifying income.The worker uses documentary evidence as the primary source of verification.If other types of verification are used, the worker must document in the case why an alternate source was needed.
(A) Documents which can be used to verify earned income are:
(i) pay stubs;
(ii) employee W-2 forms;
(iii) wage tax receipts;
(iv) state or federal income tax returns;
(v) self-employed bookkeeping credits;
(vi) sales or expenditure records;
(vii) employer wage records;
(viii) statements from an employer;
(ix) Oklahoma Employment Security Commission (OESC) statements; or
(x) Oklahoma Tax Commission statements.
(B) Verification of other types of income, documents, or records generally available from the applicant are:
(i) award letters;
(ii) benefit payment checks;
(iii) correspondence on benefits;
(iv) income tax records;
(v) support and alimony payments as evidenced by court order;
(vi) divorce or separation papers; or
(vii) contribution checks.
(C) Other sources of income verification include;
(i) State Data Exchange (SDX) system;
(ii) Beneficiary and Earnings Data Exchange (BENDEX) system;
(iii) OESC wage records;
(iv) union records;
(v) workers' compensation records;
(vi) information received from the Department of Veterans Affairs records; or
(vii) tax records.
(2) Unreported income.When there is an indication other income which has not been reported is available to the household, the worker must explore the possibilities of unreported income.When the applicant states he or she has no earnings or other income and the applicant is employable or it appears he or she may be eligible for other benefits, such as Social Security, Supplemental Security Income (SSI), unemployment compensation, or public assistance, it may be necessary to verify the applicant is not receiving income from such sources.¢ 1
(3) Other required verification.When verifying income is exempt as a loan, a simple statement signed by both parties which indicates the payment is a loan and must be repaid is sufficient verification.If the household receives payment on a recurrent or regular basis from the same source, but claims the payments are a loan, the worker must require the provider of the loan sign an affidavit which state the payments are being made or that payments will be made in accordance with an established repayment schedule.¢ 2
INSTRUCTIONS TO STAFF 340:50-7-45
Revised 6-1-1011-1-13
1.(a) Additional situations in which the possibility of unreported income is investigated are when:
(1) information contained on Form 08AD104E, Financial Management Worksheet, indicates the household has paid expenses that exceed the amount of income reported;
(2) the worker has difficulty contacting any employable household member at home when seasonal employment in the area is at its peak;
(3) households report zero income; and
(4) other questionable situations occur.
(b) When all other methods of verification have been are exhausted, a field investigation may be required.
2.Form 08AD103E, Loan Verification, is an option to use as acceptable verification of a loan.The worker documents in case notes how the debt amount, date of receipt of the loan, and the obligation to repay was verified and the worker's judgment of whether the loan is bona fide.
SUBCHAPTER 9. ELIGIBILITY AND BENEFIT DETERMINATION PROCEDURES
340:50-9-5. Changes after application and during the certification period
Revised 6-1-13
(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 10 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 10 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; and
(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 10 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 10-day period and, as a result, receives benefits to which it is not entitled, an overpayment claim is referred to the Adult and Family Services AFS 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 10 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 10 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 that 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 10 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) OKDHS did not administer policy and procedures correctly. The food benefit is reopened back to the first day of the month of closure;¢ 6
(2) the household fails to complete the mid-certification renewal timely, but provides all required verification by the first day of the month of closure.The food benefit is reopened back to the first day of the month of closure; ¢ 7 or
(3) the household fails to complete the mid-certification renewal by the last day of the month of closure, but provides all required verification by the last day of the month of closure.The food benefit is reopened and prorated from the date the mid-certification 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 mid-certification renewal or 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 mid-certification renewal or certification renewal months, a decrease in benefits does not occur unless the:
(1) household requested benefit closure; or
(2) worker has information about the household's circumstances considered verified upon receipt.¢ 9
(h) Mid-certification renewal for annual reporting households.Annual reporting households are sent notification in the 11th month of certification that the mid-certification renewal is due.An interview is not required.In order to continue to receive benefits, the household must complete the benefit renewal.This includes providing all required verification by the last day of the 12th month of certification.The worker reviews information to determine whether changes are needed.¢ 10
(1) The worker must act on changes reported at mid-certification renewal.
(2) When 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 worker processes the mid-certification 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 adults without dependents (ABAWD), are assigned a 12-month certification period.¢11
(1) Between the mid-certification renewal or certification renewal months, 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).Households 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.¢ 12
(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 mid-certification renewal or certification renewal months, a decrease in benefits does not occur unless the:
(A) household requested benefit closure; or
(B) worker has information about the household's circumstances considered verified upon receipt.¢ 9
(j) Mid-certification renewal for semi-annual reporting households.Semi-annual reporting households are sent notification in the fifth month of certification that the mid-certification renewal is due.¢ 10An interview is not required.In order to continue receiving benefits, the household must complete the mid-certification renewal that includes providing all required verification, by the last day of the sixth month of certification.The worker reviews information provided to determine whether changes are needed.
(1) The worker must act on changes reported at mid-certification 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 worker processes the mid-certification renewal without regard to the deduction.
(k) Advance notice of adverse action not required.Advance notice of adverse action is not required when:
(1) mass changes are initiated because of changes or requirements in federal or state law.¢ 13In these situations, the individual notification requirement is waived and AFS mails generic notices to the households informing them of the changes that are about to be made;¢ 14
(2) the worker determines, based on reliable information, that all members of the household are deceased;
(3) the worker determines, based on reliable information, the household has moved out of state;
(4) 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) 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) 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) the household fails to make agreed upon cash or food benefit repayment of an overpayment;
(8) 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;
(9) circumstances occur per OAC 340:50-11-27;
(10) the client provides a written statement:
(A) stating the household no longer wishes to receive food benefits; or
(B) requesting closure or reduction in food benefits to avoid or repay an overpayment; or
(11) food benefits are closed in one case in order to transfer the food benefits to another case without a decrease or disruption in benefits.
(l) Action on changes when fair hearings are requested.When a household requests a fair hearing within 10 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 6-1-1311-1-13
1.At the interview, the worker must give each household Form 08FB038E, Changes in Household Circumstances.A change is considered reported the date the worker receives Form 08FB038E or is notified of the change by telephone or personal contact.In order to provide easier access, each county office must have a telephone number where collect calls are accepted.The phone number is:
(1) provided on all notices, such as those for certification, denial, and adverse action; and
(2) shown on Form 08FB038E.
2.When the household reports a change, 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 When the household reports the change on Form 08FB038E, the worker must provide the household with another Form 08FB038E.
3.When a change is reported:
(1) the worker makes the change effective no later than the first issuance to be delivered 10 calendar days after the date the household reports or verifies the change, whichever is later;
(2) the worker issues a supplement when appropriate;
(3) that increases the food benefit and the household:
(A) provides the required verification within 10 calendar days of reporting the change, the worker issues the supplement 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
(B) provides the required verification within 10 calendar days prior to the regular roll issuance, but is provided at a later date after the tenth calendar day, the worker issues the supplement within 10 calendar days of the date the household provides the verification; or
(C) does not provide the required verification prior to the regular roll issuance date, the worker does not issue a supplement.
4.When the household reports a change reported 10 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 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, the worker hand issues Form 08MP038E, Client Notice of Action Taken.
6.When the food benefit closes because of administrative error, the worker reopens the SNAP tab of the FACS system using "R" in the Action Taken field and "18A" in the Reason field and enters any required changes in the same action.The worker must also 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 household did not complete the mid-certification renewal timely, the worker reopens the SNAP tab using "R" in the Action Taken field, "18O" in the Reason field, the date the mid-certification renewal was completed in the Effective Date field, and enters any required changes in the same action.The worker must also update the benefit and status fields in the Household tab for persons included in the benefit household.
(b) When the household waits until after the last day of the month of closure to provide needed information, he or she the household must reapply.
8.The worker is responsible for determining which households are identified as annual 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 reporting household by entering "A" in the reporter status field.
9.(a) Verified upon receipt means, that the information is not questionable, and the provider is the primary source of the information.The worker must 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 a 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, such as when the household reports a person 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 affecting food benefit expenses, such as:
(A) a decrease in the child care family share co-payment, that results resulting 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) wage data obtained from BENDEX;
(3) New Hire List (NHL) matches.For example, an NHL data exchange message is received during a non-report month indicating a household member 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; and
(4) changes in shelter and utility costs.For example, if when the client reports the rent decreased from $1000 to $600 per month in a non-report month it does not cause a decrease in benefits, as this information is NOT considered verified upon receipt.
10.(a) Methods the household may use to complete the mid-certification renewal include:
(1) submitting the 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 OKDHS - Forms and Applications for Service and completing, signing, and bringing, mailing, or faxing it to OKDHS; or
(3) going into the local county office to complete the benefit renewal with a worker using the FACS system.
(b) Once the household submits the mid-certification renewal, the information is analyzed to determine:
(1) what changes have occurred;
(2) whether the household signed the mid-certification renewal electronically or on the paper benefit renewal form;
(3) whether the household provided all required verification; and
(4) what changes must be made on the system.
(c) After the worker analyzes the mid-certification renewal, he or she updates the benefit report action field to indicate the benefit renewal status and the date of the action using instructions found on the Adult and Family Services (AFS) Application Development and Operations (ADO) InfoNet web page under Systems Help for FACS and OKDHSLive!.The mid-certification renewal is:
(1) coded incomplete when the household failed to sign the mid-certification renewal or did not provide all required verification;
(2) coded ready to work when the household has signed the mid-certification renewal and provided all required verification, but the worker has not completed the mid-certification renewal; or
(3) complete after:
(A) information contained on the mid-certification renewal, in the verification provided, and on data exchange screens have been evaluated for changes;
(B) all mid-certification renewal information, including changes, have been entered in the Interview and Eligibility Notebooks of FACS;
(C) any additional information has been entered in FACS Case Notes to explain any changes made and how continued eligibility was determined; and
(D) the system is updated.
(d) At negative action deadline, mid-certification renewals not coded as complete are automatically closed the next effective date with reason code 36S.Prior to deadline, the worker must record in FACS Case Notes the status of submitted mid-certification renewals and when incomplete, what information is lacking.When the worker tries to obtain needed information, he or she must document the attempts in FACS Case Notes.
(e) Case Worker Activity (CWA) reports are available to help workers track the status of pending mid-certification renewals.Information regarding each CWA report is available on the AFS Business Knowledge and User Support InfoNet web page under CWA and ACES Reports.
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 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 able-bodied adult without dependents (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 10 calendar days of the date of the change.Refer to OAC 340:50-5-64 for ABAWD work requirements.
(1) When the household reports changes timely or untimely, the worker must review prior ABAWD status to accurately determine if all food benefits for which the ABAWD is eligible have been were received, including the initial three 'free' months.When the worker determines the 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 person's ABAWD status.
(2) When the worker determines the ABAWD has received all food benefits for which he or she is eligible, the ABAWD is removed from the food benefit the next effective date.If the 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) cost-of-living increases in Social Security, Veteran, Railroad Retirement, or SSI benefits; and
(3) Temporary Assistance for Needy Families (TANF) cash assistance or Sate Supplemental Payments.
14.AFS staff may also announce SNAP changes through the media so the general public and food benefit recipients are notified.
SUBCHAPTER 10. ELECTRONIC BENEFIT TRANSFER (EBT)
340:50-10-5. Replacement of lost, stolen, or destroyed Electronic Benefit Transfer (EBT) cards
Issued 7-1-01
The county office replaces a lost, stolen, or destroyed EBT card within two business days following notice by the household.¢ 1
INSTRUCTIONS TO STAFF 340:50-10-5
Revised 4-1-0911-1-13
1.(a) When the electronic benefit transfer (EBT) card is lost, stolen, or destroyed, the recipient must go to the local human services center (HSC) county office to obtain a replacement card.When a client is homebound due to a medical condition that prevents him or her from coming to the county office to get the EBT card, it is permissible for the EBT specialist to follow mailing procedures per Oklahoma Administrative Code (OAC) 340:50-10-11 Instructions to Staff (1)(c).
(1) When the EBT card is stolen, it is recommended that the client calls phones 1-888-328-6551 to cancel the EBT card before going to the local HSC county office to request a replacement card.When the client goes to the HSC county office first, the EBT specialist cancels the EBT card through the Administrative Terminal before issuing a new EBT card.Refer to OAC 340:65-3-6.1.
(2) Each time a recipient requests a replacement card, he or she can be required to go through training and wait 24 hours, not to exceed two business days, before the EBT specialist issues a replacement card.
(3) Replacement cards may take up to one hour before being activated.
(4) When the client requests a replacement card, but leaves prior to receiving the printed card and does not return before the end of the business day, the EBT specialist destroys and logs the card that same day on Form 10EB002E, Daily Card Issuance Report.A new card is issued when the client returns to the HSC county office.
(5) Form 10EB001E, Daily Card Count, and Form 10EB002E are kept for audit and review purposes for a period of three years.
(b) When the payee changes on a case, the worker must determine whether to give the new payee access to the current account balance before the change is made.
(1) If When the new payee needs access to the balance in the food benefit account, he or she must first be coded as the authorized representative using the EBTU transaction.
(2) When the remaining benefits are depleted, the new payee is removed as the authorized representative and another card is issued in the new payee's name.
(c) Benefits used from the account of a stolen or lost card cannot be replaced unless the Office of Inspector General (OIG) notifies the Adult and Family Support Services Division (FSSD) (AFS) Supplemental Nutrition Assistance Program (SNAP) Section that a criminal investigation has determined that theft of the benefits occurred through no fault of the recipient.FSSD AFS SNAP Section staff notify HSC county staff when recipient food benefits are replaced for this specific reason.
340:50-10-11. Food benefit household leaves the state
Revised 6-1-10
When a household moves to another state and has food benefits remaining in their account, the household must either use the food benefits in Oklahoma prior to leaving or find a retailer in another state that accepts the Access Oklahoma card.The Access Oklahoma card can be used in most states as most major retailers accept the Access Oklahoma card.¢ 1
INSTRUCTIONS TO STAFF 340:50-10-11
Revised 6-1-1011-1-13
1.(a) If a household's benefits cannot be accessed because they have moved to a state that does not honor the Access Oklahoma card, the worker instructs the household to contact the local state agency that administers the Supplemental Nutrition Assistance Program in that state for help in locating a retailer that accepts the Access Oklahoma card.
(b) If When a household notifies the worker they are moving or have moved to another state, the worker instructs the household to use their the food benefits on the Access Oklahoma card in Oklahoma during the move. or When the household has already moved and has trouble locating a retailer that accepts the Access Oklahoma card, the worker gives the household the telephone number for the local food benefit office and suggests the household contact the state agency where they have moved office to locate a retailer that will accept accepts the Access Oklahoma card.
(c)(b) The worker may contact the Oklahoma Department of Human Services (OKDHS) Financial Services, Electronic Payment Systems (EPS) Unit to assist the household in locating a retailer that accepts the Access Oklahoma card.The new state may also be contacted for help in locating a retailer in their state that accepts the Access Oklahoma card.
(d)(c) If When the household moves out-of-state and reports they no longer have their Access Oklahoma card and need a card, the worker:
(1) asks the EBT specialist to make a new Access Oklahoma card and send itto the client with a Return Receipt Requested;
(2) notifies the OKDHS Financial Services EPS Unit of the case number, the mailing address the card was mailed to, and date the card was mailed for federal audit purposes;
(3) documents in Family Assistance/Client Services (FACS) case notes the date the Access Oklahoma card was made and mailed to the client and to what address it was mailed; and
(4) files images the return receipt in the case record to verify the Access Oklahoma card was received.
SUBCHAPTER 11. SPECIAL PROCEDURES
PART 1. HOUSEHOLDS ENTITLED TO EXPEDITED SERVICE
340:50-11-1. Criteria
Revised 6-1-10
These criteria apply to all households making application or reapplication for food benefits, including residents of approved drug and alcohol treatment centers and group homes.Households entitled to expedited services include households:
(1) with less than $150 gross income if their liquid resources do not exceed $100;¢ 1
(2) with migrant or seasonal farm workers who are considered destitute if their liquid resources do not exceed $100; and
(3) whose combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage and/or utilities.
INSTRUCTIONS TO STAFF 340:50-11-1
Issued 6-1-1111-1-13
1.(a) Liquid resources are declared, but not verified.See Refer to Oklahoma Administrative Code (OAC) 340:50-7-1 for the definition of liquid resources.The worker documents the amount of liquid resources declared by the household in Family Assistance/ Client Services (FACS) case notes.
(b) If When the household is not expedited eligible due to declared liquid resources, the worker codes the declared amount declared for the household, not to exceed $2,000 for households with no elderly or disabled members or $3,000 for households with elderly or disabled members in the Family Assistance/Client Services (FACS) Resource tab in FACS.Entering declared resources triggers the 30-calendar day processing standard.When declared resources exceed $2000, the worker enters $1999 to avoid system edits.
