Current through Vol. 42, No. 1, September 16, 2024
(a)
Alms
solicitation. Per Section
164 of
Title 56 of the Oklahoma Statutes, a recipient of a State Supplemental Payment
(SSP) for the blind must not solicit alms while receiving SSP. Soliciting alms
means collecting donations for one's personal benefit, selling minor articles
when selling is merely a subterfuge for collecting donations, and any similar
activities. It does not include house-to-house sale of articles carried on as a
regular established occupation. The client's statement regarding alms
solicitation is sufficient verification when there are no facts to the
contrary.
(b)
Minor child who
is blind or disabled. To determine SSP eligibility for a child who is
blind or disabled, the income and resources of the parent(s) with whom the
child is living is considered unless the parent(s) is included in a SSP or
Temporary Assistance for Needy Families (TANF) application or benefit.
(1)
Income deeming. When
determining SSP eligibility for a child younger than 18 years of age who is
blind or disabled, a natural or adoptive parent(s)', or step-parent's income
must be deemed to the child. An ineligible child's income is not deemed to the
eligible child who is blind or disabled. The parent(s)' income is not deemed
when the eligible child resides in a nursing care facility. Refer to Oklahoma
Administrative Code (OAC)
317:35-5-42(n)
and (o) for deeming computation
procedures.
(2)
Resource
deeming. When a minor child, who is blind or disabled lives with his or
her parent(s), the parent(s)' resources in excess of the resource standard, per
Oklahoma Human Services OKDHS Appendix C-1, Schedule VIII.D, are deemed to the
child unless the parent(s) receives Supplemental Security Income (SSI), SSP, or
is included in a TANF cash assistance payment or the child resides in a nursing
care facility. When there is more than one eligible child in the home, the
parent(s)' excess resource amount is prorated between the eligible children.
(3)
When the child is
ineligible for SSP. When a child with intellectual disabilities is
ineligible for SSP due to deeming his or her parent(s)' income and/or
resources, the child may be approved for SoonerCare (Medicaid) benefits under
the Home and Community-Based Waiver (HCBW) Services, per OAC 317:35-9. When the
child is not eligible for HCBW, the child may be eligible for SoonerCare
(Medicaid) benefits under the Tax Equity and Fiscal Responsibility Act of 1982
( Public Law 97-248), known as TEFRA, per OAC
317:35-5-4
and
317:35-7-36.
(c)
Age.
(1)
SSP age requirement for the
aged. A person must be 65 years of age and older to meet the age
requirement for SSP for Aid to the Aged. Eligibility is verified by the Social
Security Administration or other records, such as a birth certificate,
insurance policies, family records, or census records.
(2)
SSP age requirement for the
blind. There is no age requirement to receive SSP for the blind. When a
child who is blind is younger than 16 years of age, his or her age must be
verified in order to establish the need for designating a parent or guardian as
payee.
(3)
SSP age
requirement for persons with disabilities. To be eligible for a SSP for
the disabled, an applicant or recipient must be younger than 65 years of age. A
parent or guardian must be designated as payee when a child who is disabled is
younger than 16 years of age.
(d)
Fleeing felon. A fleeing
felon is not eligible for a SSP. Per Section 1382(e)(4) of Title 42 of the
United States Code, a fleeing felon is defined as a person who:
(1) is fleeing to avoid prosecution, custody,
or confinement after conviction, under the laws of the place from which the
person flees, for a crime, or an attempt to commit a crime, which is a felony
under the laws of the place from which the person flees, or in jurisdictions
that do not define crimes as felonies, is punishable by death or imprisonment
for a term exceeding one year regardless of the actual sentence
imposed;
(2) is violating a
condition of probation or parole imposed under federal or state law;
or
(3) lost SSI benefits due to
being a fleeing felon.
(e)
Overpayments. A client may
incur an SSP overpayment for any month in which he or she receives an SSP after
SSI benefits close and the client's income is above the SSP standard, per OKDHS
Appendix C-1, Schedule VIII.A, or the client received a larger SSP than he or
she was eligible to receive. The overpayment amount includes any premiums for
Health Insurance Benefits paid by the Oklahoma Health Care Authority on behalf
of an ineligible client. The Adult and Family Services Benefit Integrity and
Recovery Unit establishes and collects overpayment claims, per OAC
340:65-9.
Amended at 21 Ok Reg
2370, eff 7-1-04; Amended at 26 Ok Reg 814, eff
6-1-09
