Okla. Admin. Code § 340:10-3-57

Current through Vol. 42, No. 8, January 2, 2025

Section 340:10-3-57 - Special considerations

(a)Parent receiving or applying for State Supplemental Payment (SSP) for the aged, blind, or disabled. A person must not concurrently be included in a Temporary Assistance for Needy Families (TANF) assistance unit and SSP for the same month. The person may be included in the TANF assistance unit while an application is pending for SSP or Supplemental Security Income (SSI) when all eligibility requirements are met.

(1) When a parent lives in the home, receives SSP, and is not included in the TANF benefit, the worker does not consider the parent's income or resources as available to the TANF assistance unit.

(2) When a parent becomes ineligible for SSP and does not receive SSI, the worker considers the parent's income, resources, and deprivation status in determining TANF eligibility for the assistance unit and the parent.

(A) When adding the parent and his or her income causes the TANF assistance unit to be over income per Oklahoma Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX, the worker closes the TANF and medical benefit.

(B) When the parent's SSP benefit closed because of an overall Social Security increase and the parent cannot be added to the TANF benefit, the worker places the SSP benefit in Special Medical Status.

(3) When a parent becomes ineligible to receive SSP but continues to receive SSI, the worker does not consider the parent's income or resources as available to the TANF assistance unit. The parent must complete a separate SoonerCare (Medicaid) application to continue receiving medical benefits.

(b)Concurrent receipt of TANF and SSI. A person must not concurrently be included in a TANF benefit and receive an SSI payment for the same month. When a person included in a TANF application or an active TANF benefit meets the eligibility conditions for TANF and SSI, the person may choose to have eligibility determined for TANF or SSI benefits. The payee must inform OKDHS Adult and Family Services (AFS) worker when any member of the assistance unit makes application for, or becomes eligible to receive, SSI. 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.

(1) When the only dependent child(ren) receives SSI, the natural or adoptive parent(s) or needy caretaker relative may receive an adult-only TANF benefit when all other eligibility factors are met.

(2) When a TANF applicant is also an SSI applicant, he or she may be included in the TANF benefit, when eligible, until notified of SSI eligibility.

(3) When a TANF recipient is an SSI applicant, SSA notifies OKDHS of SSI eligibility to coordinate closure of the person's TANF benefit and approval of SSI and requests the amount of TANF benefits paid for each month of SSI eligibility. When the actual closure date 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 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 a SSP cash assistance benefit instead of TANF, when determined disabled by the Oklahoma Health Care Authority (OHCA) Level of Care Evaluation Unit (LOCEU) per OAC 317:35-5-4(1)(D).

(c)Concurrent receipt of state and tribal TANF. A person must not be concurrently included in a tribal TANF payment and a state approved TANF benefit in the same month. When the person meets the criteria of a tribal TANF service area and population, the entire assistance unit must be served by tribal TANF. When the household moves out of the tribe's service area, the worker coordinates certification of state TANF benefits.

(d)Concurrent receipt of TANF in more than one state. A person must not be included in a TANF benefit in Oklahoma and another state for the same month.

(e)Stepparent, needy caretaker's spouse, person acting in the role of a spouse, or parent(s) of a minor parent. The natural or adoptive parent's income is available to the TANF assistance unit, and the worker does not divert income to meet the needs of the stepparent or other dependents in the home. The worker does not count any income when the stepparent, needy caretaker's spouse, person acting in the role of a spouse, parent(s) of a minor parent, or his or her dependent is an SSI recipient.

(1)Stepparent or spouse of needy caretaker income. When a stepparent or the needy caretaker's spouse lives in the home with the child(ren) applying for or receiving TANF, the worker counts a portion of his or her verified gross earned and unearned income, after all applicable TANF income disregards and work-related expenses are subtracted, as income available to the assistance unit. To determine the amount to consider, the worker:

(A) subtracts the work-related expense, one-half of the remaining gross earned income, and any dependent care expense from the stepparent's or spouse of a needy caretaker's earned income per OAC 340:10-3-33;

(B) adds the net earned income to the gross unearned income of the stepparent or the spouse of a needy caretaker;

(C) subtracts the need standard for the appropriate number of persons per OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX.A. The need standard includes:

(i) the stepparent or needy caretaker's spouse; and

(ii) any dependents not included in the assistance unit but who:

(I) live in the home; and

(II) can be claimed on the personal income taxes of the stepparent or needy caretaker's spouse; and

(D) subtracts the verified alimony and child support payments to persons outside of the household to arrive at the stepparent's contribution to the assistance unit; and

(E) adds the contribution of the stepparent or spouse of a needy caretaker's to all other gross income of persons included in the TANF assistance unit to determine eligibility.

(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 who does not receive a TANF benefit on another case.

(A) For the purpose of this rule, a person is acting in the role of a spouse when one or both of these factors exist:

(i) the parent and the person represent themselves to be a couple; or

(ii) have a physical relationship with each other.

(B) When the client states the conditions in (A) of this paragraph do not exist, factors that may indicate the person is acting in the role of a spouse include, when he or she:

(i) assists in parenting the 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 parent; or

(iv) files a joint tax return with the parent.

(C) The worker computes the income of this person the same as stepparent income, per (1) of this Subsection. 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.

(D) When the parent or the person acting in the role of a spouse fails to provide information necessary to determine income eligibility, the worker denies the application or closes the cash assistance. The income of non-relative adults may be excluded when the adults have separate living quarters and demonstrate no characteristics of a person acting in the role of spouse.

(4)Parent(s) of a minor parent. When a minor parent lives with his or her natural or adoptive parent(s) and the needs of the parent(s) are not included in the assistance unit, the:

(A) parent's income is available to the assistance unit and computed the same as stepparent income, per (1) of this Subsection. The parent of the minor parent may or may not be designated as the substitute payee for the assistance unit; and

(B) income of a minor parent's stepparent is not considered.

(f)Allocating or diverting income. When family members are not included in the assistance unit, the worker follows these rules to determine 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, per (e)(1) of this Section. The income of disqualified alien siblings is not considered when determining eligibility of an otherwise eligible child(ren).

(3) The net income of a fugitive felon excluded from the benefit is considered the same as stepparent income, per (e)(1) of this Section.

(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. When multiple types of program violations occur, a 25 percent penalty of the payment standard is imposed for each type of violation. When 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. The 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:

(1) refusal to cooperate in an effort to obtain child support per OAC 340:10-10-5(c);

(2) failure to apply for or provide a Social Security number per OAC 340:10-12-1;

(3) failure of a child(ren) in 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 340:65-9-2(d) and 340:65-9-4.

(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 and Section 241.4 of Title 56 of Oklahoma Statutes, 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 the parent or caretaker has violated provisions per OAC 340:10-1-3(13), the worker reduces the TANF cash assistance payment standard by:

(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).

(i)TANF eligibility when the child(ren) is placed in out-of-home care. When Child Welfare Services (CWS) staff removes the child(ren) from the home and reasonably anticipates the child(ren) will return home within four months, the natural or adoptive parent or needy caretaker relative may continue to be eligible to receive an adult-only TANF benefit 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.

(1) A team consisting of the worker, CWS specialist, natural or adoptive parent or needy caretaker relative, and any other appropriate partner must meet to develop a mutually agreed upon plan of action. The plan 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.

(2) At the end of the four-month period when the child(ren) is not returned to the home, the adult-only TANF benefit is closed.

(j)Strikers. The assistance unit is not eligible for TANF for any month the natural or adoptive parent living in the home participates in a strike on the last day of that month. A caretaker relative is not included in the benefit for any month when that person is participating in a strike on the last day of the month.

Okla. Admin. Code § 340:10-3-57

Amended at 8 Ok Reg 1225, eff 4-15-91 (emergency); Amended at 9 Ok Reg 1543, eff 4-27-92 ; Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93 ; Amended at 11 Ok Reg 1023, eff 1-1-94 (preemptive); Amended at 12 Ok Reg 373, eff 12-1-94 (emergency); Amended at 12 Ok Reg 1159, eff 5-11-95 ; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok Reg 619, eff 9-1-95 (emergency) ; Amended at 13 Ok Reg 2167, eff 6-14-96 ; Amended at 14 Ok Reg 947, eff 2-1-97 (emergency); Amended at 14 Ok Reg 1310, eff 5-12-97 ; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1602, eff 5-11-98 ; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency); Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 18 Ok Reg 149, eff 12-1-00 (emergency); Amended at 18 Ok Reg 1222, eff 5-11-01 ; Amended at 22 Ok Reg 764, eff 5-12-05 ; Amended at 23 Ok Reg 980, eff 6-1-06 ; Amended at 25 Ok Reg 903, eff 6-1-08 ; Amended at 26 Ok Reg 1223, eff 6-1-09 ; Amended at 28 Ok Reg 781, eff 6-1-11 ; Amended at 29 Ok Reg 748, eff 7-1-12 ; Amended at 30 Ok Reg 338, eff 12-5-12 (emergency); Amended at 30 Ok Reg 1347, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 41, Issue 8, January 2, 2024, eff. 11/21/2023, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024