COMMENT DUE DATE:
January 5, 2016
DATE:
December 22, 2015
Laura Brown, Adult and Family Services (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 15-K
The proposed policy is Non-APA .
SUBJECT:Chapter 50. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Subchapter 5. Non-Financial Eligibility Criteria
Part 7. Related Provisions
OAC 340:50-5-64. [Instructions to Staff (ITS) - Amended]
OAC 340:50-5-67. [ITS - Amended]
Subchapter 7. Financial Eligibility Criteria
Part 1. Resources
OAC 340:50-7-1. [ITS - Issued]
Part 5. Determination of Income
OAC 340:50-7-45. [ITS - Amended]
(Reference WF 15-K)
SUMMARY:
Oklahoma Administrative Code (OAC) 340:50-5-64 ITS are amended to: (1) add clarifying language; and (2) give examples of Abled Bodied Adults Without Dependents (ABAWD) coding.
OAC 340:50-5-67 ITS are amended to add: (1) clarifying language; and (2) information regarding the Haitian Family Reunification Parole (HFRP) program per Food and Nutrition Services (FNS) Memo.
OAC 340:50-7-1 ITS are issued to explain the new resource standards that FNS adjusted for inflation effective 10/1/2014.
OAC 340:50-7-45 ITS are amended to add clarifying language.
SUBCHAPTER 5. NON-FINANCIAL ELIGIBILITY CRITERIA
340:50-5-64. Work requirements
Revised 6-1-09
(a) Able-bodied adults without dependents (ABAWDs). ABAWDs who are members of eligible households receiving food benefits must be exempt from or comply with work requirements to be eligible to participate as a member of any food benefit household for longer than three months, consecutive or otherwise, during any 36-month period. It is the worker's responsibility to explain to the applicant the household member's work requirements and responsibility. At each application the worker must establish that each household member:
(1) is working continuously 20 hours or more per week averaged monthly; ¢ 1
(2) participates in and complies with:
(A) Workforce Investment Act (WIA) Program assignment;
(B) Trade Adjustment Assistance Program assignment; or
(C) Employment and Training (E&T) Program, not including job search; or
(3) is exempt from the work requirements listed in (b) of this Section.
(b) Exemptions from the work requirements. A person is exempt from the work requirement provision of the Supplemental Nutrition Assistance Program if the person is:
(1) younger than 18 or 50 years of age and older;
(2) medically certified as physically or mentally unfit for employment.
(A) Persons who are physically or mentally incapable of gainful employment either on a permanent or temporary basis or participating in federal or state programs based on disability are considered exempt. ¢ 2
(B) Persons claiming exemption as unfit for employment must, in the absence of physical evidence, obtain documented evidence from medically qualified sources to substantiate the medical exemption. ¢ 3
(C) Persons claiming temporary exemption are required to comply when they are released by their medically qualified source to return to work;
(3) a parent or other member of a household with responsibility for care of a dependent child younger than 18 years or an incapacitated person of any age; ¢ 4
(4) pregnant;
(5) receiving or has applied for unemployment insurance benefits; ¢ 5
(6) a regular participant receiving treatment for drug or alcohol addiction in a rehabilitative program on a resident or non-resident basis; ¢ 6
(7) an eligible student enrolled at least half-time in any recognized school, training program, or institution of higher education; ¢ 7
(8) a household member registered for or participating in the Temporary Assistance for Needy Families (TANF) Work;
(9) employed a minimum of 30 hours per week or receiving weekly earnings which equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended, multiplied by 30 hours; or ¢ 8
(10) a resident living in a county approved for exemption of the work requirements by the United States Department of Agriculture (USDA). ¢ 9
(c) Participation without time limits. Food benefit participation without time limits applies to a person who:
(1) is exempt;
(2) works continuously 20 hours or more per week, averaged monthly; or ¢ 10
(3) participates in and complies with:
(A) WIA Program assignment;
(B) Trade Adjustment Assistance Program assignment; or
(C) (E&T), not including job search.
(d) Participation with time limits. Persons who are not exempt or fail to comply with work participation requirements are eligible for only three months, consecutive or otherwise, during any 36-month period. ¢ 11 Once the three-month eligibility limit has been reached, eligibility can be regained for at least an additional three consecutive months if the person: ¢ 11
(1) works 80 hours or more in any 30-day period; or ¢ 12
(2) participates for 80 hours or more in and complies with:
(A) WIA Program assignment;
(B) Trade Adjustment Assistance Program assignment; or
(C) E&T, not including job search.
(e) Persons who regain eligibility. A person can regain eligibility only one time for an additional three consecutive months during the 36-month period by meeting the requirements of (1) or (2) of subsection (d). A person who regains eligibility maintains eligibility by complying with the requirements of subsection (c). If eligibility is subsequently lost, the person may receive food benefits only if one of the exemptions listed in subsection (b) is met or the 36-month period has expired. ¢ 13
INSTRUCTIONS TO STAFF 340:50-5-64
Revised 10-4-131-1-16
1.WorkingA person who is considered an able-bodied adult without dependents (ABAWD) meets the work requirement when he or she works an average of 20 hours per week or 80 hours per month for some form of compensation is considered meeting the work requirement.
(1) Prior to October 1, 2013, Oklahoma was exempt from applying ABAWD work requirements.Beginning October 1, 2013, ABAWD work requirements are reinstated.
(2) The first time an ABAWD applies for SNAP food benefits after October 1, 2013, and meets the work requirement the worker codes the person's 'ABAWD Work Requirement field F172' in the Family Assistance/Client Services (FACS) ABAWD tab as 'W – Initial ABAWD Meeting Work Rule, not countable.' An ABAWD whose work requirement field is coded with a 'W' is eligible for SNAP food benefits without time limits unless he or she regularly stops working at least 20 hours per week or 80 hours per month.
(3) Example:John Doe initially applies for SNAP food benefits on September 13, 2015.He is 37 years of age and does not meet exemption criteria per (b) of this Section.He works 23 hours per week at minimum wage.Since he works at least 20 hours per week, he meets ABAWD work requirements.The worker codes John as 'W – Initial ABAWD Meeting Work Rule, not countable' and certifies him for 12-calendar months as a semi-annual reporter per Oklahoma Administrative Code (OAC) 340:50-9-1.
2.Examples of federal and state programs based on disability are:
(1) vocational rehabilitation;
(2) Veterans Benefits Administration disability compensation;
(3) Social Security disability benefits; and
(4) Supplemental Security Income.
3.A doctor's statement giving a diagnosis is best, but when. When the client is unable to obtain a doctor's statement, a statement from another medically- qualified source is sufficient.
(1) Other medicallyMedically-qualified sources may include, but are not limited to:
(A) therapists;
(B) counselors; and
(C) medical social workers.
(2) The statement does not need to state the person cannot work, but does need togive information indicatingmust indicate the person has a physical or mental problem that may limit the person's ability to work.The statement is not required to say the person cannot work.
4.More than one household member may be exempt as caretaker for the same person, as long as they share caretaker responsibility.
5.This exemption includes persons who are involved in the unemployment insurance benefits (UIB) appeals process.
6.Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings qualify when they are a part of the treatment plan.
7.Refer to Oklahoma Administrative Code (OAC) 340:50-5-45 to determine student eligibility.
8.A person working 30 or more hours per week automatically qualifies as exempt regardless of the amount earned or how the person is paid, such as work performed in exchange for rent or other goods and services.
(1) The amount a person earns is relevant in determining exempt status only when the employed or self-employed person works less than 30 hours per week.
(2) A person who works less than 30 hours per week must earn weekly wages at least equal to the federal minimum wage times 30 hours in order to qualify as exempt.
(3) Volunteer work or court-ordered community service is not considered.
9.Per Section 241.3 of Title 56 of the Oklahoma Statutes, effective October 1, 2013, the Oklahoma Department of Human Services (DHS) must not request a waiver of the able-bodied adults without dependents (ABAWD) work requirements from the United States Department of Agriculture.This means counties are no longer approved for an exemption.
10.Working an average of 20 hours per week or 80 hours per month forThe person must receive some form of compensation is considered meetingfor the work performed to meet the work requirement.The personcompensation may receivebe in-kind income or cash earnings for the work, but actual work must be performed.Volunteer work or court-ordered community service is not considereddoes not meet the work requirement as the person does not receive compensation.
11.The 36-month period begins with the first full month the ABAWD receives food benefits are received and the person is not meetingis not exempt from ordoes not meet the work requirement or not considered exempt.
(1) The worker certifies the ABAWD for three full months of food benefits, or four months when the first month's benefits are prorated and codes the person's 'ABAWD Work Requirement field F172' in the FACS ABAWD tab with 'K= initial ABAWD not meeting work rule (countable).'
(2)Any initial 'K' month in which an ABAWD does not receive a full month of benefits must not be consideredWhen the initial month's benefits are prorated, the system does not count the prorated month as a countable month.For example, when benefits are prorated during the month of application, the prorated month is not a countable month.
(3) Example:Jane Doe initially applies for food benefits on September 15, 2015.She states she lost her job on July 31, 2015.The worker certifies Mr. Doe for food benefits for four months since the first month's benefits are prorated and codes the 'ABAWD Work Requirement field F172' with 'K= initial ABAWD not meeting work rule (countable).'The ABWI screen will indicate her countable K months were October, November, and December, 2015.
12.Eligibility may be regained only after the person has received the initial three months of benefits, without being exempt or meeting the work requirement.A person cannot regain eligibility while receiving food benefits.
13.The additional three months must be consecutive.When the person receives less than three months, the person is not entitled to receive the additional month(s) at a later date.When the person regains eligibility and is:
(1) not working at least 20 hours a week or 80 hours a month, the worker certifies the person for three continuous months and codes the person as 'Y - regained eligibility for three continuous months' in the 'ABAWD Work Requirement field F172';
(2) working at least 20 hours per week or 80 hours per month, the worker certifies the person for 12 months and codes the 'ABAWD Work Requirement field F172' with 'M- regained eligibility-maintaining 20 hours per week employment.' The person is eligible to receive SNAP benefits as long as he or she works at least 20 hours per week or 80 hours per month.
(A) Example 1:John Q. Public received his initial three countable 'K months' of SNAP in February, March, and April, 2015. He reapplies on September 12, 2015, is not working, and does not meet an exemption.He states he worked in May, 2015 and provides all May paystubs. The paystubs show he worked 100 hours in the month of May. Because Mr. Public did not receive SNAP benefits in May and worked at least 80 hours in a 30-calendar day period, he regained eligibility. The worker certifies him for three months and codes the 'ABAWD Work Requirement field F172' with 'Y - regained eligibility for three continuous months.'
(B) Example 2:John Q. Public received his initial three 'K months' of SNAP in February, March, and April, 2015. He reapplies on July 12, 2015 and reports he started working 25 hours per week the first week of May. The worker verifies that he worked 100 hours per month since June, 2015. Because he did not receive SNAP benefits in June and worked at least 80 hours in a 30-calendar day period, he regained eligibility. Since Mr. Public works at least 20 hours per week, the worker certifies him for 12 months as a semi-annual reporter and codes the 'ABAWD Work Requirement field F172 with 'M - regained eligibility-maintaining 20 hours per week employment (not countable).'
(D) Example 4:Susie Q. Public regained eligibility and her 'ABAWD Work Requirement field F172' is coded with 'M - regained eligibility - maintaining 20 hours per week employment (not countable) for March, April, May, June, July, and August, 2015. She reported on her mid-certification renewal that she is no longer working.The worker closes her SNAP food benefit effective September 1, 2015 on reason '80-ABAWD without work history' and documents the circumstances in FACS case notes.
(E) Example 5:On October 5, 2015, John Q. Public reapplies for SNAP and states he is working 20 hours per week at $7.25 per hour. He is not eligible for SNAP because he already 'regained eligibility' and lost this status. Since he lost his regain status, he must meet one of the exemption criteria in (b) of this Section or the 36-month period described in (a) of this Section must end before he is eligible again.This means he must work at least 30 hours per week or receive weekly earnings equal to minimum wage in order to meet an exemption due to employment.Since he does not meet an ABAWD exemption, the worker denies his application on reason '80-ABAWD without work history.'
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 11-1-131-1-2016
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 of the U.S. is a U.S. citizen 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) 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) When the household is unable to provide 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 the warning, "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 or recipient 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 per OAC 340:65-3-4(5) to determine whenif 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:
(A) refugee admitted under Section 501(e) of the Refugee Education Assistance Act of 1980, including Haitian:
(i) orphans permitted to enter the U.S. under humanitarian parole on or after January 12, 2010; or
(ii) family members permitted to enter the U.S. under the Haitian Family Reunification Parole (HFRP) program on or after February 2, 2015; 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 a child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or Section 244(A)(3) of the INA; or
(9) a victim of a severe form of trafficking and/or his or her eligible relatives.
(A) A victim has a letter of certification issued by Office of Refugee Resettlement (ORR).The victims and their eligible relatives also have a T Visa.
(B) To verify the validity of ORR issued letters and to inform ORR of the benefits for which the victims have applied, call the victims verification toll-free number 1-866-401-5510.
(b) To be eligible, a qualified alien must meet at least one of the criteria listed in (1) through (9) of this Instruction to Staff 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 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 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 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 tofor 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 when the surviving spouse has not remarried;
(iv) earned by parents, natural or adoptive, while the alien child was 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.When the marriage ended by the death of the stepparent, the stepparent's quarters are counted.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 inper 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 beenwas 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,.includingThis includes:
(i) Haitian orphans permitted to enter the U.S. under humanitarian parole on or after January 12, 2010;and
(ii) Haitian family members permitted to enter the U.S. under the Haitian Family Reunification Parole (HFRP) program on or after February 2, 2015; and
(iii)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 some or all of the household members applying for benefits are aliens, the worker must follow the SAVE procedures described atper OAC 340:65-3-4 to determine 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 and Section 1359 of Title 8 of the United States Code[(8 United States Code (USC)U.S.C. 1359]) apply and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act.and[(25 USCU.S.C. 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 refugesrefugees pursuant to Section 207 of the INA.
SUBCHAPTER 7. FINANCIAL ELIGIBILITY CRITERIA
PART 1. RESOURCES
340:50-7-1. Resources considered
Revised 6-1-11
(a) Resources are excluded in determining eligibility for the Supplemental Nutrition Assistance Program (SNAP) unless the household:
(1) applies for expedited service. The worker must include the household's liquid resources as defined at (b) of this Section to determine eligibility for expedited service per OAC 340:50-11-1; or
(2) contains one or more sponsored aliens whose sponsor's resources must be considered per OAC 340:50-5-49.
(b) The worker accepts the household's statement regarding the value of liquid resources to determine expedited eligibility. Liquid resources include:
(1) cash on hand;
(2) checking or savings account balances;
(3) the cash value of savings certificates; and
(4) the cash value of stocks or bonds.
(c) The household must verify the value of liquid and non-liquid resources per OAC 340:50-5-49 when the sponsor's resources must be considered. After subtracting $1,500 from countable resources, resources cannot exceed $3,000 for households that contain a member who is disabled or 60 years of age or older or $2,000 for all other households. ¢ 1
INSTRUCTIONS TO STAFF 340:50-7-1
Issued 1-1-2016
1.Effective October 1, 2014, the resource standard that applies to sponsored aliens per Oklahoma Administrative Code 340:50-5-49 was adjusted for inflation to be:
(1) $3,250 for households containing a member who is disabled or 60 years of age or older; and
(2) $2,250 for all other households.
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 11-1-131-1-2016
1.(a) Additional situations in which the worker may investigate the possibility of unreported income is investigatedare when:
(1) information contained on Form 08AD104E, Financial Management Worksheet, indicatesthe applicant, recipient, or authorized representative reports the household has paidpays expenses that exceed the amount ofreported 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 reporta household reports zero income; andor
(4)(3) other questionable situations occur.
(b) WhenPer Oklahoma Administrative Code 340:50-3-3, the worker may conduct a field investigation when the worker suspects the household is withholding information and all other methods of verification 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.
