COMMENT DUE DATE:
May 12, 2014
DATE:
April 30, 2014
Laura Brown, Adult and Family Services (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 14-01
The proposed policy is Emergency . This proposal is subject to the Administrative Procedures Act
SUBJECT: CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 1. General Provisions
OAC 340:10-1-3 [AMENDED]
Subchapter 3. Conditions of Eligibility - Need
Part 5. Assistance Payments
OAC 340:10-3-57 [AMENDED]
OAC 340:10-3-59 [AMENDED]
(Reference WF 14-01)
SUMMARY:The proposed revisions to Chapter 10 Subchapter 1 amend the rules to:(1) add federal regulations, state statutes, and Oklahoma Department of Human Services (DHS) rules governing the Temporary Assistance for Needy Families (TANF) program; (2) add debit or electronic benefit transfer (EBT) card transaction restrictions to prevent use of cards containing federal or state funds in certain businesses per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C § 608(a)(12)), and Section 241.4 of Title 56 of Oklahoma Statutes (56 O.S. § 241.4); (3) define prohibited businesses and EBT card transaction; (4) add methods the DHS uses to inform applicants and recipients of EBT card transaction restrictions; (5) add policy references for recipient benefit reduction penalties and debit card and direct deposit procedures; (6) update terminology; and (7) add clarifying information regarding appeal rights.
The proposed revisions to Chapter 10 Subchapter 3 amends the rules to:(1) update and clarify rules regarding concurrent receipt of TANF and another form of public assistance; (2) add benefit reduction penalties resulting from use of the TANF benefit in a prohibited business per 42 U.S.C. § 608(a)(12) and 56 O.S. § 241.4; (3) add clarifying language regarding the parent or needy caretaker's eligibility when Child Welfare Services (CWS) removes a child from the home with an expectation of returning the child within four months; (4) update terminology including the removal of references to the Commission for Human Services; (5) add clarifying language regarding availability of funds, minimum TANF payments, and overpayments; and (6) add policy references regarding payment to minors, TANF benefit issuance methods, and debit or EBT card transaction restrictions.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested to comply with recently effective federal law and state statute changes regarding restrictions on the use of state and federal funds on debit cards used in designated, prohibited businesses and avoid a penalty for non-compliance.The benefit reduction penalty is part of DHS policies and practices to prevent TANF cash assistance from use in prohibited businesses.The penalty coincides with SB 1706, effective November 1, 2014.
LEGAL AUTHORITY:Director of Human Services; O.S. 56 § 162; Public Law 112-96 § 4004 (42 U.S.C. § 608(a)(12)); 7 U.S.C. § 2012; 56 O.S. § 241.4; and SB 1706 effective November 1, 2014.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:4/8/2014
Re:CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 1. General Provisions
OAC 340:10-1-3 [AMENDED]
Subchapter 3. Conditions of Eligibility - Need
Part 5. Assistance Payments
OAC 340:10-3-57 [AMENDED]
OAC 340:10-3-59 [AMENDED]
(Reference WF 14-01)
Contact: Laura Brown (405) 521-4396
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 10 Subchapter 1 amend the rules to:(1) add federal regulations, state statutes, and Oklahoma Department of Human Services (DHS) rules governing the Temporary Assistance for Needy Families (TANF) program; (2) add debit or electronic benefit transfer (EBT) card transaction restrictions to prevent use of cards containing federal or state funds in certain businesses per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C § 608(a)(12)), and Section 241.4 of Title 56 of Oklahoma Statutes (56 O.S. § 241.4); (3) define prohibited businesses and EBT card transaction; (4) add methods the DHS uses to inform applicants and recipients of EBT card transaction restrictions; (5) add policy references for recipient benefit reduction penalties and debit card and direct deposit procedures; (6) update terminology; and (7) add clarifying information regarding appeal rights.
The proposed revisions to Chapter 10 Subchapter 3 amends the rules to:(1) update and clarify rules regarding concurrent receipt of TANF and another form of public assistance; (2) add benefit reduction penalties resulting from use of the TANF benefit in a prohibited business per 42 U.S.C. § 608(a)(12) and 56 O.S. § 241.4; (3) add clarifying language regarding the parent or needy caretaker's eligibility when Child Welfare Services (CWS) removes a child from the home with an expectation of returning the child within four months; (4) update terminology including the removal of references to the Commission for Human Services; (5) add clarifying language regarding availability of funds, minimum TANF payments, and overpayments; and (6) add policy references regarding payment to minors, TANF benefit issuance methods, and debit or EBT card transaction restrictions.
Strategic Plan Impact.
The proposed rules achieve the DHS goals by supporting the DHS mission to maintain a culture of accountability, including fiscal integrity, at all DHS levels.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:10-1-3 is amended to:(1) add federal regulations, state statutes, and DHS rules governing the TANF program; (2) add debit or EBT card transaction restrictions to prevent use of cards containing federal or state funds in certain businesses; (3) define prohibited businesses and EBT card transaction; (4) add methods DHS uses to inform applicants and recipients of EBT card transaction restrictions; (5) add policy references for recipient benefit reduction penalties and debit card and direct deposit procedures; (6) update terminology; and (7) add clarifying information regarding appeal rights.
OAC 340:10-3-57 is amended to:(1) update and clarify rules regarding concurrent receipt of TANF and another form of public assistance; (2) add a benefit reduction penalty as a result of using the TANF benefit in a prohibited businesses; (3) update terminology; and (4) add clarifying language regarding the parent or needy caretaker's eligibility when CWS removes a child from the home with an expectation of returning the child within four months.
OAC 340:10-3-59 is amended to:(1) update terminology including the removal of references to the DHS Commission; (2) add clarifying language regarding availability of funds, minimum TANF payments, and overpayments; and (3) add policy references regarding payment to minors, TANF benefit issuance methods, and debit or EBT card transaction restrictions.
Reasons.The proposed amendments are made to comply with 42 U.S.C. § 608(a)(12) that mandates states maintain policies and practices as necessary to prevent TANF cash assistance from being used in any EBT transaction in prohibited businesses and include this information in the TANF State Plan.The components of the Oklahoma TANF State Plan are contained in Chapter 10 and Chapter 65 rules.The benefit reduction penalty is part of DHS policies and practices to prevent TANF cash assistance from use in prohibited businesses.The penalty coincides with Senate Bill (SB) 1706, effective November 1, 2014.Other amendments made in the affected Sections update terminology and add clarity to the rules.
Repercussions.
Per 42 U.S.C § 608(a)(12), the State's TANF grant may be reduced by 5 percent if the state fails to implement and maintain required policies and practices.
Legal authority.Director of Human Services; O.S. 56 § 162; Public Law 112-96 § 4004 (42 U.S.C. § 608(a)(12)); 7 U.S.C. § 2012; 56 O.S. § 241.4; and SB 1706 effective November 1, 2014.
Emergency rulemaking approval is requested. Emergency rulemaking approval is requested to comply with recently effective federal law and state statute changes regarding restrictions on the use of state and federal funds on debit cards used in designated, prohibited businesses and avoid a penalty for non-compliance.The benefit reduction penalty is part of DHS policies and practices to prevent TANF cash assistance from use in prohibited businesses.The penalty coincides with SB 1706, effective November 1, 2014.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed rules are TANF applicants and recipients and DHS staff.The affected classes of persons bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who may benefit from the proposed rule are taxpayers opposed to government benefits being used in liquor stores, casinos, gaming establishments, retail establishments providing adult oriented entertainment, or retail establishments whose primary business is selling tobacco products and TANF children if the client has been using benefits in restricted places and stops doing so due to the proposed rule changes.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:If TANF recipients are penalized for using benefits in prohibited locations, TANF benefits reduce.A reduction in the benefit would have an economic impact on the assistance unit.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable DHS cost includes the cost of printing and distributing the rules, estimated to be less than $20 and mailing costs associated with client notification.Failure to comply with federal law may result in a 5 percent reduction in TANF funding.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivision be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:Small businesses, such as casinos and liquor stores, may experience minimal revenue loss if TANF recipients used DHS issued funds and stop doing so.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will have no effect on public health, safety, or environment risks if the adult recipient has not spent TANF funds in the designated prohibited businesses.Implementation of the proposed rules may reduce the risks to the public health, safety, and environment for children included in the TANF cash assistance benefit if the adult recipient spends the TANF benefit for basic needs instead of for products or services in prohibited businesses.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Failing to approve the proposed rules may reduce TANF recipients' and DHS staff awareness of the new restrictions on use of DHS issued funds.This may lead recipients to continue using funds in prohibited locations, thereby continuing to put themselves and their families at greater financial insecurity.In addition, federal TANF funding may be reduced resulting in a reduction of benefits and services to TANF clients and other citizens served by programs using TANF funds, such as Child Welfare Services and the Child Care Subsidy Program.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared 4/8/2014; modified 4/22/2014
SUBCHAPTER 1. GENERAL PROVISIONS
340:10-1-3. State Plan for Temporary Assistance for Needy Families (TANF)
Revised 5-1-04 7-1-14
The State Plan covering TANF encompasses the requirements listed in paragraph paragraphs (1) through (12)(13) of this Section.
(1) State-wide operation.The plan is in effect in all counties of the state as a state-administered program.
(2) Financing.The Oklahoma State Legislature appropriates funds for financing the TANF program.Federal money is provided by block grant funding in accordance with per federal laws and regulations relating to the TANF program.These state and federal funds are used for assistance and administration under the plan.
(3) Designated state agency.The state TANF program is administered by the Oklahoma Department of Human Services (OKDHS)(DHS), with at least one county office in each county in the state, operating under federal regulations per Sections 261.1 through 261.80 of Title 45 of the Code of Federal Regulations (45 §§ C.F.R. 261.1 through 261.80), Sections 230.50 through 230.78 of Title 56 of the Oklahoma Statutes (56 §§ O.S. 230.50 through 230.78) and DHS rules and regulations adopted by the Oklahoma Commission for Human Services (Commission) per Oklahoma Administrative Code (OAC) 340:10 and 340:65.
(4) Fair hearings Appeal rights.Any individual whose application Individuals applying for or receiving TANF is denied or is not acted upon with reasonable promptness, or who is dissatisfied with the amount of the cash assistance payment or with have the right to appeal any other action taken in regard to his or her assistance payment, is provided an opportunity for a fair hearing with OKDHS relating to the application for or receipt of TANF benefits.An applicant may also appeal a delay in processing an application timely.Refer to OAC 340:2-5 for fair hearing procedures.¢ 1
(5) Proper and efficient administration.OKDHS DHS operates under the State Merit System, which establishes and maintains personnel standards on a merit basis for certain federal grant-in-aid agencies, including OKDHS DHS.Employees of OKDHS DHS engaged in the administration of the TANF State Plan are covered by the Merit System.
(6) Reports as required.The Finance Division DHS Financial Services:
(A) assists in fulfilling the requirements of state and federal laws by making necessary reports;
(B) cooperates with various federal agencies by providing current and special reports; and
(C) furnishes OKDHS DHS with data necessary for the operation of its programs.
(7) Safeguarding of information.Federal and state laws and the DHS rules and regulations adopted by the Commission restrict the use or disclosure of information concerning applicants for or recipients of TANF to purposes directly connected with the administration of the program.¢ 2
(8) Right to apply.An individual has the right to:
(A) make application for TANF;
(B) expect an investigation of eligibility; and
(C) a prompt decision by OKDHS DHS in regard to the application.
(9) Assistance under only one program.The needs of an eligible person can must only be included in one TANF or State Supplemental Payment (SSP) or TANF payment.
(10) Standards for determining eligibility and amount of payment.Uniform standards for determining eligibility and policies and procedures for such determination are provided in OAC 340:65, and this Chapter.As a means of promoting uniformity and accuracy in determining the basic needs, such as food, clothing, basic drugs, personal items, shelter, utilities, and household equipment of each TANF assistance unit, a flat grant consisting of these requirements is used.¢ 13
(11) Income and resources. In When determining need for TANF, OKDHS DHS takes into consideration considers any available income and resources of an individual requesting assistance, except income and resources required to be disregarded by federal or state law or by DHS rules of OKDHS.Income and resources received on behalf of a member of the assistance unit by another individual which that include, but is are not limited to, a guardian or conservator, is considered available to the assistance unit.
(12) Civil rights.The TANF program is administered in accordance with per the provisions of Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1975, as amended, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Title IX of the Education Amendments of 1972, as amended.
(13) Electronic benefit transfer (EBT) restrictions.Per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)), States are required to maintain policies and practices as necessary to prevent TANF cash assistance from being used in any EBT transaction in certain prohibited businesses. Section 241.4 of Title 56 of Oklahoma Statutes (56 O.S. § 241.4) also restricts the use of EBT transactions in these businesses and adds one additional prohibited business.
(A) Prohibited businesses include any:
(i) liquor store.The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor.The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods per 7 U.S.C. § 2012;
(ii) casino, gambling casino, or gaming establishment except for:
(I) a grocery store that sells groceries, including staple foods per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or
(II) any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;
(iii) retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or
(iv) retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products.This type of retail establishment is prohibited only by state statute.
(B) EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service.
(C) DHS informs applicants and recipients of this prohibition by including information about the prohibition in:
(i) Form 08MP003E, Rights, Responsibilities, and Signature for Benefits, of the application;
(ii) a poster displayed in the county office lobby;
(iii) the certification notice; and
(iv) a sign sent to identified prohibited businesses for use in educating staff and customers that the Oklahoma MasterCard is not accepted at their business.
(D) Refer to OAC 340:10-3-57(h) for recipient benefit reduction penalties when DHS determines a recipient used his or her debit card in a prohibited business.
(E) Refer to OAC 340:65-3-6 for debit card and direct deposit procedures, including information about accessing benefits, free services, and fees.
INSTRUCTIONS TO STAFF 340:10-1-3
Revised 5-1-04 7-1-14
1.In regard to fair hearings, refer to:
(1) Oklahoma Administrative Code (OAC) 340:65-3-5 for application processing time limits and delayed application rules;
(2) OAC 340:65-3-7 for denial of application rules;
(3) OAC 340:65-5-1 for closure and case change rules; and
(4) OAC 340:65-9 for overpayment rules.
2.Refer to OAC 340:65-1-2 for rules regarding safeguarding case information and information that may be disclosed.
13.See Refer to Oklahoma Department of Human Services (OKDHS) Appendix C-1, Schedule of Maximum Income, Resource and Payment Standards, Schedule IX.
SUBCHAPTER 3. CONDITIONS OF ELIGIBILITY - NEED
PART 5. ASSISTANCE PAYMENTS
340:10-3-57. Special considerations
Revised 12-5-12 7-1-14
(a) Concurrent receipt of State Supplemental Payment (SSP) for the aged, blind, or disabled.A person who is not a recipient of Supplemental Security Income (SSI) has an option to must not concurrently be included in a Temporary Assistance for Needy Families (TANF) assistance unit or may be a recipient of and SSP if all eligibility requirements are met for the same month.¢ 1The person may also be included in the TANF assistance unit while an application is pending determination of eligibility for SSP or Supplemental Security Income (SSI) if when all eligibility requirements are met.¢ 2
(b) Concurrent receipt of TANF and SSI.A person is must not concurrently be included in a TANF benefit for the same month he or she is included in an and receive a SSI payment for the same month.¢ 3When a person included in a TANF application or an active TANF benefit meets the eligibility conditions for TANF and SSI, the person has a choice to have eligibility determined for TANF or SSI benefits.The worker informs the payee of his or her responsibility to report to must inform the Oklahoma Department of Human Services (OKDHS)(DHS) if when any member of the assistance unit makes application for, SSI or becomes eligible for to receive, SSI.If any assistance unit member applies for TANF, or is receiving TANF when When the payee or a member of the assistance unit makes an application for SSI, the payee must inform the Social Security Administration (SSA) of TANF receipt.¢ 4
(1) When the only dependent child(ren) is receiving receives SSI, the natural or adoptive parent(s) or needy caretaker relative may receive an adult only TANF if benefit when all other eligibility factors are met.The assistance unit consists of the adult(s only).
(2) When a TANF applicant is also a SSI applicant, he or she may be included in the TANF eligibility must be determined and benefit, if when eligible, is included in the benefit until notified of SSI eligibility.¢ 3
(3) When a TANF recipient is a SSI applicant, SSA advises notifies OKDHS DHS of SSI eligibility, and requests the month of to coordinate closure of the person's TANF termination benefit and approval of SSI and requests the amount of TANF benefits paid for each month of SSI eligibility.¢ 54SSA considers a recipient removed from a TANF benefit effective with, and based on, the TANF termination date provided orally by the worker.If the actual closure date of termination is later than the date given orally to SSA, TANF payments to SSI recipients are TANF overpayments and must be recouped per Oklahoma Administrative Code (OAC) 340:65-9.
(4) When a TANF recipient is determined ineligible for SSI, the person may continue to be included in the TANF assistance unit if when all other conditions of eligibility are met.
(5) When a TANF recipient is determined ineligible for SSI for reasons other than a disability determination, the person may be included in an a SSP, instead of TANF, if all other eligibility conditions are met determined disabled by the Oklahoma Health Care Authority (OHCA) Level of Care Evaluation Unit (LOCEU) per OAC 317:35-5-4(1)(D).¢ 6
(c) Concurrent receipt of state and tribal TANF.A person must not concurrently be included in a tribal TANF payment is not included in another and a state approved TANF benefit in the same month.If When the person meets the criteria of a tribal TANF service area and population, the entire assistance unit must be served by tribal TANF.If When the household moves out of the tribe's service area, the worker coordinates certification of state TANF benefits.¢ 75
(d) Concurrent receipt of TANF in more than one form of public assistance state.A person must not be included in a TANF benefit is not included in another TANF or SSP benefit in Oklahoma and another state for the same period month.When a TANF applicant is eligible for TANF but has received a weekly or bi-monthly TANF benefit from another state for the same month the applicant is eligible in Oklahoma, the benefit from the other state is counted as unearned income.¢ 86A person who is the payee for a TANF benefit, but not included in that benefit, is not prevented from being a SSP recipient if the SSP eligibility requirements are met.When transferring a TANF recipient to SSP, the removal and approval date must agree.
(e) Stepparent, spouse of needy caretaker, person acting in the role of a spouse, parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances, or parent(s) of a minor parent.The natural or adoptive parent's income cannot be diverted to meet the needs of the stepparent or other dependents in the home, but is considered available to the TANF assistance unit.No income is considered if the stepparent, spouse of a needy caretaker, person acting in the role of a spouse, parent(s) of a minor parent, or his or her dependent is an a SSI recipient.¢ 97
(1) Stepparent or spouse of needy caretaker income.If a stepparent of the child(ren) or the spouse of a needy caretaker for whom TANF is requested lives in the home with the child(ren), the worker computes the verified gross earned and unearned income of the stepparent or spouse of a needy caretaker, after all applicable TANF income disregards and work related expenses, to determine the amount considered available to the assistance unit.The worker computes the stepparent's or spouse of a needy caretaker's income by:
(A) subtracting the work related expense, one-half of the remaining gross earned income, and dependent care expense from the stepparent's or spouse of a needy caretaker's earned income for full-time or part-time employment;[per OAC 340:10-3-33];
(B) adding the net earned income to the stepparent's or spouse of a needy caretaker's gross unearned income;
(C) subtracting the need standard for the appropriate number of persons, including the stepparent or spouse of a needy caretaker and dependents who are not included in the assistance unit, but are living in the home and can be claimed on the stepparent's or spouse of a needy caretaker's personal income taxes;¢ 108
(D) subtracting the actual amounts the stepparent or spouse of a needy caretaker paid to persons not living in the household, but claimed as tax dependents.It is the stepparent's or spouse of a needy caretaker's responsibility to identify and verify tax dependents;¢ 119
(E) subtracting the actual payments of alimony and child support to persons outside the household; and
(F) adding the stepparent's or spouse of a needy caretaker's remaining net income to all other gross income of persons included in the TANF assistance unit.If the income does not exceed the monthly maximum gross income, the remaining income of the stepparent or spouse of a needy caretaker is considered as a contribution to the assistance unit.¢ 1210
(2) Stepparent or spouse of a needy caretaker resources.The worker does not consider resources owned exclusively by the stepparent or spouse of a needy caretaker to determine the assistance unit's resource eligibility, but does consider the assistance unit's share of resources owned jointly with the stepparent or spouse of a needy caretaker.
(3) Person acting in the role of a spouse.The worker must count the income of a person acting in the role of a spouse who lives in the home with the natural or adoptive parent when he or she does not receive a TANF benefit on another case.
(A) For the purpose of this rule, "living in the home with" means that a person of the opposite sex is acting in the role of a spouse.¢ 1311
(i) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(I) they represent themselves to be a couple; or
(II) have a physical relationship with each other.
(ii) When the client states the conditions in (A)(i) of this paragraph do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(I) assists in parenting the child child(ren), such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(II) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(III) shares joint bank accounts or real property ownership with the client; or
(IV) files a joint tax return with the client.
(B) The worker computes the income of this person the same as stepparent income.The person acting in the role of spouse is not eligible to receive the exemption of one-half of the remainder or a dependent care expense deduction in determining this person's countable earned income.
(C) If the parent or the person acting in the role of a spouse fails to provide information necessary to determine income eligibility, the application is denied or the cash assistance terminated.Provided however, the The income of non-relative adults of the opposite sex not receiving TANF may be excluded if when the adults have separate living quarters and demonstrate no characteristics of a person acting in the role of spouse.
(4) Parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances.The income, earned and unearned, of a parent who is ineligible as a result of a positive screen for the illegal use of a controlled substance or substances per OAC 340:10-4-1 is considered in its entirety.¢ 1412
(5) Parent(s) of a minor parent.When a minor parent is living in the home with his or her natural or adoptive parent(s) and the needs of the parent(s) are not included in the assistance unit, the parent's income is considered available to the assistance unit and computed the same as stepparent income.The income of a minor parent's stepparent is not considered.The parent of the minor parent may be designated as the substitute payee for the assistance unit.¢ 1513
(f) Allocating or diverting income.When family members are not included in the assistance unit, special consideration is required in determining the income available to the assistance unit.
(1) Income received by a person included in the assistance unit is not allocated or diverted to persons who are not in the assistance unit.All countable unearned and earned income of the person is considered available to the assistance unit.
(2) The net income of an alien parent excluded from the benefit because the citizenship or alienage requirement is not met is considered the same as stepparent income.The needs and income of disqualified alien siblings are not considered when determining eligibility of an otherwise eligible child(ren).¢ 1614
(3) The net income of a fugitive felon excluded from the benefit is considered the same as stepparent income.
(g) Benefit reduction as a result of program violation.The TANF benefit is reduced by 25% percent of the payment standard when a determination of program violation is made.The 25% percent penalty is removed the next effective date when compliance is documented or the penalty time period ends.¢ 1715When multiple types of program violations have occurred occur, a 25% percent for penalty of the payment standard is imposed for each type of violation.If the benefit reduction causes existing income to be in excess of the benefit amount, the case is closed using the reason for the benefit reduction.¢ 1816The amount of the payment standard reduction applies as Food Stamp Penalty Income (FSPI) in the Supplemental Nutrition Assistance Program (SNAP) per OAC 340:50-7-29(c)(1)(A). Reasons for benefit reduction are:¢ 1917
(1) refusal to cooperate in an effort to obtain child support per OAC 340:10-10-5(c);¢ 2018
(2) failure to apply for or provide a Social Security number per OAC 340:10-12-1;¢ 2119
(3) failure of a child(ren) kindergarten to 18 years of age to attend school per OAC 340:10-13-1;
(4) failure to provide verification of child(ren) immunizations per OAC 340:10-14-1; and
(5) intentional program violations determined as fraud by court action or an administrative disqualification hearing or administrative hearing waiver per OAC 65-9-2(d) and OAC 340:65-9-4(c)(1)(A-C).
(h) Benefit reduction penalty resulting from use of the TANF benefit in a prohibited business.Per Section 608(a)(12) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)) and Section 241.4 of Title 56 of Oklahoma Statutes (56 O.S. § 241.4), TANF recipients must not use a debit or electronic benefit transfer (EBT) card containing TANF cash assistance in prohibited businesses.Refer to OAC 340:10-1-3(13) for a list of prohibited businesses and the definition of an EBT transaction.
(1) When it is determined the parent or caretaker violated provisions per OAC 340:10-1-3(13), the TANF cash assistance payment standard is reduced:
(A) 25 percent for three months for the first violation;
(B) 35 percent for six months for the second violation;
(C) 50 percent for 12 months for the third violation; and
(D) permanently by deeming the parent or needy caretaker ineligible for TANF benefits for subsequent violations.
(2) When the parent or needy caretaker is permanently deemed ineligible to receive TANF cash assistance for this reason and all other factors of eligibility are met, he or she may receive child only benefits.The ineligible parent's earned and unearned income is considered in its entirety.
(3) The amount of the penalty reduction applies as FSPI for SNAP per OAC 340:50-7-29(c)(1)(A).
(h)(i) Parent living in the home receiving SSP.When there is a parent living in the home, but not included in the TANF benefit because of receipt of SSP and not SSI, no consideration is given to that parent's his or her individual income for the TANF benefit.When a parent in the SSP benefit becomes ineligible to continue to receive the SSP, the parent is included in the TANF benefit and all the income and resources of the parent are considered in determining eligibility for TANF.If consideration of the parent's income and resources causes the TANF benefit to be closed close, and the closure of the SSP benefit was a direct result of an overall Social Security increase, the SSP benefit is placed in Special Medical Status.If the parent is living in the home, but not included in the TANF benefit because of receipt of SSP and SSI, no consideration is given to the parent's income and the parent is not included in the TANF assistance unit as long as the parent remains eligible for SSI.
(i)(j) TANF eligibility when the child(ren) is placed in out-of-home care.¢ 22When Child Welfare (CW) staff removes the child(ren) is removed by a child protection action from the home and it is reasonably anticipated anticipates the child(ren) will return to the home within four months, the natural or adoptive parent or needy caretaker relative continues may continue to be eligible for to receive an adult only TANF benefit, if per OAC 340:10-3-56(a)(2)(B)(ii).The adult remains eligible when all other conditions of eligibility are met unless the child(ren) is placed with a relative requesting needy caretaker benefits.The child(ren) must be removed from the TANF benefit effective the next advance notice deadline date per Appendix B-2, Deadlines for Case Actions.¢ 2320
(1) A team consisting of the worker, Child Welfare (CW) worker specialist, natural or adoptive parent or needy caretaker relative, and any other appropriate partner(s) partner must meet to develop a mutually agreed upon plan of action.¢ 2421This The plan addresses must include the parent or needy caretaker's employability plan and strategies to correct the conditions that caused the child(ren) to be removed from the home.¢ 2522
(2) At the end of the four month period if the child(ren) has not been returned to the home, the adult(s)' needs are removed and the adult only TANF benefits are discontinued benefit is closed.¢ 2623
(j)(k) Strikers.The assistance unit is not eligible for TANF for any month the natural or adoptive parent, whether included in the benefit, is participating in a strike on the last day of that month.A person other than the natural or adoptive parent is not included in the benefit for any month if that person is participating in a strike on the last day of the month.
INSTRUCTIONS TO STAFF 340:10-3-57
Revised 12-5-12 7-1-14
1.The Adult and Family Services (AFS) worker is responsible for explaining the benefits of both programs, but the person is responsible for choosing the program that is most beneficial in meeting his or her needs.
2.(a) When transferring a Temporary Assistance for Needy Families (TANF) recipient to State Supplemental Payment (SSP), the worker opens the SSP benefit effective the same date the TANF benefit closes.
(b) Refer to Oklahoma Administrative Code (OAC) 340:10-2-8(c)(6) for information regarding the Disability Advocacy Program.
3.Refer to OAC 340:10-3-28(1) for non-recurring lump sum Supplemental Security Income (SSI) retroactive payments.
4.The local AFS worker notifies the Social Security Administration (SSA) District Office when the worker closes the Temporary Assistance for Needy Families (TANF) recipient is certified or terminated for cash assistance, if the benefit for a recipient has also applied for with a pending Supplemental Security Income (SSI) application.
54.(a) The AFS worker is responsible for providing the requested information to SSA, taking the appropriate action to adjust the benefit for the next effective date, and documenting the action in Family Assistance/Client Services (FACS) case notes.
(b) The person may be eligible for a partial SSI payment for each month the SSI application pended.Per OAC 340:10-3-28(1), the non-recurring lump sum SSI retroactive payment is not counted as income or a resource for TANF in the month paid or the following month.
6.Refer to OAC 317:35-5-4(1)(D) when SSI has already determined the person ineligible.
75.Tribal TANF serves only enrolled members of a tribe.The assistance unit To be eligible for tribal TANF, the assistance unit must consist of contain at least one enrolled member of a tribe.The tribal office determines if whether an individual is eligible to be included in the tribal TANF assistance unit.
86.A Per OAC 340:10-3-56(a)(3)(M), a person is denied assistance for ten years if found to have convicted of fraudulently misrepresented misrepresenting his or her residence in order to obtain assistance in more than one state is ineligible to receive TANF for 10 years beginning on the conviction date.Refer to OAC 340:10-3-56(a)(3)(M).
97.(a) The definition of a person acting in the role of a spouse is a non-relative adult of the opposite sex living in the home.
(1) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(A) they represent themselves to be a couple; or
(B) have a physical relationship with each other.
(2) When the client states the conditions in (a)(1)(A) and (B) do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(A) assists in parenting the child, such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(B) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(C) shares joint bank accounts or property ownership with the client; or
(D) files a joint tax return with the client.
(b) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable.
108.Refer to the Oklahoma Department of Human Services (OKDHS)(DHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX.A to determine the need standard.
119.The stepparent's or spouse of a needy caretaker's most recent income tax return may be used as documentation.
1210.(a) When the stepparent or spouse of a needy caretaker has earned income, the AFS worker enters on the FACS Income tab of the Interview Notebook:
(1) the total gross earned income amount in the designated earned income field and.The the computer calculates the work related expense and income disregards.;
(2) Any any unearned income is entered in the designated unearned income field;
(3) The AFS worker enters the need standard as indicated on OKDHS DHSAppendix C-1, Schedule IX, in the diverted income field for the appropriate number of persons and, if necessary when applicable, any exemptions in the diverted income field; and
(4) When any remaining income in the contribution field, when it is less than the need standard, enter the remaining income.
(b) Form 08TA008E, Stepparent TANF Income Computation, may be used to calculate countable income.
1311.(a) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable.When the worker requests verification of the relationship, he or she documents in FACS case notes why the client's statement is questionable.The reason is based on one or more of the factors described at (a) per (e)(3)(A) of this Instruction Section.
(b) The person acting in the role of a spouse is coded on the FACS Household tab as an "other adult residing in the household" in the Rel to Payee field, as "TANF - Temporary Assistance to Needy Families" in the benefit field and "Income/Resources are considered in benefit computation - person not included" in the status field.When the person has income, the AFS worker enters:
(1) If this person has earned income, the AFS worker enters the person's the total gross amount earnings in the designated earned income field on the FACS Income tab and the computer automatically calculates the work related expense.;
(2) Any any unearned income is entered in the designated unearned field.;
(3) The AFS worker enters the need standard as indicated on OKDHS DHS Appendix C-1, Schedule IX, in the diverted income field for the appropriate number of persons and when necessary applicable, any exemptions in the diverted income field.; and
(4) Any any remaining income in the contribution field, when it is considered available to the TANF assistance unit.
1412.The parent is not given any income deductions including a deduction for his or her own needs.
1513.Refer to OAC 340:10-3-56(a)(3)(O), 340:10-3-39(g), and 340:10-10-7 when the payee is an unmarried minor.
1614.To determine the need standard for the alien parent and/or any disqualified siblings who do not meet the citizenship and alienage requirement, refer to OKDHS DHS Appendix C-1, Schedule IX.
1715.A The worker issues a supplement is issued for the next month, if when compliance occurs after deadline.
1816.Refer to OAC 340:65-3-8 for review renewal periods.The AFS worker enters closure code, "penalty and other income" (14A) on the FACS Financial Assistance tab.
1917.The AFS worker initiates the 25% percent benefit reduction by checking the appropriate penalty block(s) on the FACS Household tab and entering a change action on the Financial Assistance tab for recalculation of the cash benefit.The computer updates the Food Stamp Penalty Income (FSPI) screen.
(1) When the program violation ends, the AFS worker must update the FACS, Household tab, to remove the penalty and make a change to the FACS Financial Assistance tab for recalculation of the cash benefit.
(2) The AFS worker must also enter an end date on the Food Stamp Penalty Update (FSPU) screen.
(3) When the TANF benefit closes and there is a program violation coded, the AFS worker must update FACS, Household tab, by removing the penalty and the FSPU screen with an end date.
2018.The 25% percent penalty only applies if the applicant or recipient is the natural or adoptive parent of the child(ren).
(1) The 25% percent penalty applies to adult only cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or SSI.
(2) If When the adult is receiving SSP and/or SSI, and fails to cooperate with Oklahoma DHS Child Support Services (OCSS)(CSS), the 25% percent penalty is coded on the child(ren) in the TANF benefit.
2119.Refer to OAC 340:10-12-1, 340:65-3-1(f), 340:65-3-4, 340:50-5-68, and 317:35-5-27 for more information about Social Security numbers.
22.Refer to OAC 340:10-3-56(a)(2)(B)(ii) for information about whose needs may be included in the TANF benefit.
2320.(a) The AFS worker is notified by the Child Welfare (CW) worker specialist must notify the AFS worker within five working business days from the filing of the petition to remove the child(ren) from the home.
(1) The child(ren) is removed from the TANF benefit.
(A) It is the responsibility of the AFS worker to determine if determines whether the adult(s) meets continuing eligibility requirements.
(B) If not met, the appropriate case action is taken.Effective the next advanced notice deadline date per Appendix B-2, Deadlines for Case Actions, when the adult(s):
(A) remains eligible, the worker removes the child(ren) from the TANF benefit; or
(B) is no longer eligible, the worker closes the TANF benefit.
(2) When the CW worker specialist informs the FSS AFS worker the child(ren) has been was placed in another relative's home and the relative requests child(ren) only TANF benefits are requested by this relative for the child(ren) only, the needy caretaker relative or the natural or adoptive parent, when eligible, is approved for continuing adult only TANF benefits.
(3) When the CW specialist informs the AFS worker the child(ren) was placed in a relative's home and the relative wants to be included in the TANF benefit as a needy caretaker, the worker closes the adult only TANF benefit and completes an application for the relative.
(b) When the adult(s) is determined continues to be eligible for TANF, the:
(1) worker:
(A) updates the FACS TANF Work tab is updated to reflect "TANF pending reunification" in the Payee/Spouse Grant Indicator field; and
(2)(B) uses the FF transaction to enter the expected date of return is updated by using the FF transaction for in PS2 block B80; and
(3)(2) computer recalculates the food benefits are recalculated using based on the adult only benefit amount; and
(4)(3) the adult(s) continues eligible for medical benefits.
(c) When the child(ren) is returned to the returns home and the family remains eligible for TANF, the worker:
(1) deletes the date entered in PS2 block B80 is deleted;
(2) updates the Payee/Spouse Grant Indicator field on the FACS TANF Work tab is updated to "Parent or Caretaker relative included in benefit" and is a required TANF Work participant; and
(3) adds the child(ren) is added back to the TANF benefit, if the family continues to meet eligibility criteria.
2421.The team must meet within 15 working business days of the filing of the petition.At a minimum, the team consists of the AFS worker, CW worker specialist, and the natural or adoptive parent or needy caretaker relative.The AFS worker must document the agreed upon plan of action agreed upon must be documented in FACS Case Notes.
2522.(a) Any When it becomes evident to the AFS worker at any time during the four-month period that it is evident the natural or adoptive parent or needy caretaker relative is not complying with the plan of action, the AFS worker notifies the CW worker specialist of the non-compliance and terminates the TANF adult only benefits.
(b) If The CW specialist is responsible for notifying the AFS worker if the CW plan changes any time during the four-month period to other than reunification,.When this occurs, the AFS worker is notified and closes the TANF adult only benefits are terminated per Appendix B-2, Deadlines for Case Actions, advance notice time frames.
2623.(a) A The adult only TANF case number appears on the worker's County Worker Activity (CWA) Report 80 notifies the AFS worker during the third month for action to be taken of the reunification plan to alert the worker it is time to close the adult only benefit or add the child(ren) back to the TANF benefit.It is the responsibility of the FSS worker to take appropriate timely action.If no action is taken by regular roll of the fourth month, the The case continues to appear on the CWA Report 80 until the worker takes action.
(b) The AFS worker must document the action taken in FACS Case Notes and, if applicable, the decision to not return child(ren) to the home reason reunification did not occur.
(c) The AFS worker explains other available support services and OKDHS DHS programs to the natural or adoptive parent or the needy caretaker relative and documents any referrals in FACS Case Notes.
340:10-3-59. Assistance benefits
Revised 6-1-08 7-1-14
(a) Availability of funds.If funds in any category of assistance are not sufficient to meet the full need of all persons in that category within the Oklahoma Department of Human Services (OKDHS) policy, the Commission for Human Services (Commission) specifies the percentage of total requirements for which funds are available.The formula for computing the assistance payment is the need standard multiplied by the percent specified by the Commission equals the payment standard.The payment standard minus the total available net income equals the amount of the assistance payment.The Oklahoma Temporary Assistance for Needy Families (TANF) Cash Assistance Program is funded by a federal TANF block grant.In the event of insufficient block grant funds, the program may be terminated or benefits not paid during the insufficiency period.
(b) Maximum benefits.The maximum benefit a Temporary Assistance for Needy Families (TANF) assistance unit is eligible to receive cannot exceed a nine-person payment standard.¢ 1A TANF eligible child(ren) who is not a blood-related sibling to the other TANF eligible child(ren) must have his or her own receive benefits in a separate case per Oklahoma Administrative Code (OAC) 340:10-3-56(a).¢ 2
(c) Minimum payments.The minimum TANF benefit paid to a recipient is $10 except for recoupment of an overpayment per OAC 340:65-9-6.No TANF benefit is issued when the family is eligible for a monthly benefit of less than $10.However, the The TANF case is eligible as an active case remains open and, when applicable per OAC 340:10-2, the parent or needy caretaker is subject to TANF Work participation rules.The assistance unit remains eligible for SoonerCare (Medicaid) and the family can may continue to receive food benefits in this case, if when eligible.¢ 32
(d) Payment to minors.Minors may be considered as the adult payee for TANF on behalf of others if when the person minor is assuming the responsibilities of an adult and meets all conditions of eligibility for TANF.Refer to OAC 340:10-3-56(3)(O) for rules regarding when a minor parent may not be considered part of the assistance unit.¢ 43
(e) Overpayments.The overpayment may be the whole or any part of the benefit or vendor payment made when When the recipient received assistance but did not meet all conditions of eligibility, refer to OAC 340:65-9 for overpayment procedures. ¢ 5
(f) Non-conditioning Flat grant system and useof benefits.The flat grant system of budgeting was developed to determine the extent of need based on the number of eligible persons and is not interpreted to restrict in any way the use the recipient makes of the TANF benefit.
(1) This also A flat grant precludes any agreement on the part of OKDHS Oklahoma Department of Human Services (DHS) to pay or guarantee payment for goods or services provided to recipients by vendors in lieu of a money payment.
(2) Per OAC 340:65-3-6, DHS issues TANF cash assistance by debit card or direct deposit.
(3) Except per OAC 340:10-1-3(13), DHS does not restrict in any way the use where the recipient makes of uses the TANF benefit.
INSTRUCTIONS TO STAFF 340:10-3-59
Revised 6-1-08 7-1-14
1.See OKDHS Refer to Oklahoma Department of Human Services (DHS) Appendix 08AX001E (C-1), Schedule of Maximum Income, Resource, and Payment Standards, Schedule IX.
2.See OAC 340:10-3-56, Instructions to Staff 3.
3.The computer automatically places the case into Special Medical or active status as changes occur.This type of benefit continues to be redetermined Special Medical active status cases must be renewed every 12 months to determine continued eligibility for Temporary Assistance for Needy Families (TANF), SoonerCare (Medicaid), and food benefits.
43.(a) Refer to OAC 340:10-3-56(3)(P) for rules on when a minor parent may not be considered part of the assistance unit.
(b) Using When available and appropriate, it is best practice to use an adult as substitute payee for the minor is best practice but not mandatory.See OAC Refer to Oklahoma Administrative Code 340:65-5-66 for more information about substitute payees.The worker must enter special coding in the Family Assistance/Client Services (FACS) system when a substitute payee is used.In the:
(c) (1) On the Household tab on Family Assistance/Client Services (FACS), enter the worker codes the "rel to payee" field for the minor parent as "applicant or recipient w/guardian, conservator, substitute payee."; and
(2) On the Case Information tab, the worker enters the name of the minor payee's guardian or substitute payee in the "guardian, substitute payee, conservator/extra address" field is updated to show the name of the minor payee's guardian or substitute payee and indicates in the "extra address indicator" field is updated to show "legal guardian," "natural guardian," or "substitute payee" depending on the relationship of the person to the minor payee.
5.See 340:65-9 for procedures involving overpayments.
