Current through Vol. 41, No. 13, March 15, 2024
The SSP plan encompasses the requirements listed in (1)
through (11) of this Section.
(1)
State-wide operation. The SSP plan is a state-administered program
in effect in all Oklahoma counties.
(2)
Financing. The State of
Oklahoma provides all funding for the SSP Program.
(3)
Single-state agency. The SSP
Program is administered by Oklahoma Human Services (OKDHS) Adult and Family
Services, in offices throughout the state.
(4)
Fair hearings. An SSP
applicant or recipient adversely affected by an OKDHS decision is provided an
opportunity for a fair hearing, per Section
168 of
Title 56 of the Oklahoma Statutes (56 O.S § 168). Adverse effects may
include, when the applicant or recipient:
(A)
is denied benefits or the application is not acted upon within 30-calendar days
for persons categorically related to Aid to the Aged, or 60-calendar days for
persons categorically related to Aid to the Blind or Disabled;
(B) disagrees with the approved payment
amount; or
(C) disagrees with any
action taken regarding his or her payment.
(5)
Proper and efficient
administration. OKDHS operates under the State Merit System that
establishes and maintains personnel standards on a merit basis for certain
state agencies, including OKDHS, per 56 O.S § 26.17.
(6)
Safeguarding information.
Per 56 O.S § 183 and Oklahoma Administrative Code (OAC)
340:1-1-20 and
340:65-1-2,
OKDHS restricts the use or disclosure of information concerning SSP applicants
and recipients to purposes directly connected with SSP program
administration.
(7)
Right to
apply. A person has the right to:
(A)
apply for SSP and any other benefit he or she chooses;
(B) expect an eligibility investigation;
and
(C) expect a decision regarding
the SSP application within 30-calendar days for persons categorically related
to Aid to the Aged or 60-calendar days for persons categorically related to Aid
to the Blind or Disabled.
(8)
Assistance under only one
program. An eligible person's needs may be included in only one cash
assistance benefit, either SSP or Temporary Assistance for Needy
Families.
(9)
Standards for
determining eligibility and payment amount. Refer to OAC 340 Chapters 15
and 65 for SSP eligibility determination rules and OKDHS Appendix C-1, Maximum
Income, Resource, and Payment Standards for SSP payment amounts.
(A) SSP standards are based on the mandatory
"Pass-Along Provision" of Section 1618 of the Social Security Act ( Section
1382g of Title 42 of the United States Code) that requires states to pass along
cost of living adjustments (COLA) in Supplemental Security Income (SSI)
benefits. OKDHS adjusts payment amounts during the calendar year, as needed, to
maintain total SSP expenditures for SSP in a calendar year at the same level as
the total expenditures in the previous year.
(B) Maximum income and resource standards for
persons who are 65 years of age and older, blind, or disabled are based on the
federal benefit rates (FBR), per OKDHS Appendix C-1, Schedule VIII.
(i) Countable income for SSP must be less
than 100 percent of the FBR, plus the maximum SSP amount.
(ii) Countable income must be equal to, or
less than 300 percent of the FBR for certain persons who, since December, 1973:
(I) were approved for care and continuously
living in a licensed Title XIX nursing care facility, intermediate care
facility (ICF), or ICF for individuals with intellectual disabilities
(ICF-IID);
(II) have continuously
received Home and Community-Based Waiver Services for the intellectually
disabled; or
(III) were 65 years of
age and older and have continuously resided in a mental hospital.
(iii) Countable deemed income to a
minor child with disabilities or who is blind must be less than 100 percent of
the FBR.
(iv) Maximum resources
must be equal to, or less than 100 percent, of the SSI resource
standards.
(10)
Income and resources. When determining need for an SSP, OKDHS
considers the person's countable income and resources, per OAC
317:35-5-41
and
317:35-5-42,
and federal and state law.
(A) To determine
income eligibility at application, the worker calculates the person's actual
earned and unearned income received or expected to be received during the
application month and compares it to the maximum income standard, per OKDHS
Appendix C-1, Schedule VIII.A.
(B)
The worker only verifies an SSI recipient's income and resources when the
recipient reports a change or the worker receives information indicating the
person has income or resources not considered by the Social Security
Administration at SSI approval or the most recent SSI review.
(C) As an SSI Criteria state, Oklahoma is
required to passively or auto renew the SSP and SoonerCare (Medicaid)
eligibility of SSI recipients every 12 months without requiring them to provide
any information when their case records contain reliable information or more
current information is available to OKDHS, per Section 435.916 of Title 42 of
the Code of Federal Regulations.
(11)
Civil rights. The SSP
Program is administered, per provisions of Title VI of the Civil Rights
Act.
Amended at 9 Ok Reg
3247, eff 7-15-92 (emergency); Amended at 10 Ok Reg 2849, eff 6-25-93; Amended
at 13 Ok Reg 297, eff 5-18-95 (emergency); Amended at 13 Ok Reg 2617, eff
6-28-96; Amended at 13 Ok Reg 3231, eff 7-1-96 (preemptive); Amended at 21 Ok
Reg 2370, eff 7-1-04; Amended at 23 Ok Reg 1834, eff 7-1-06; Amended at 26 Ok
Reg 814, eff 6-1-09; Amended at 27 Ok Reg 1004, eff
6-1-10
