Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. This Part includes
the requirements for establishing categorically eligible households for the
Supplemental Nutrition Assistance Program (SNAP), per Section 273.2(j)(2) of
Title 7 of the Code of Federal Regulations (7 C.F.R. §
273.2(j)).
(b)
Definitions. The following
words and terms, when used in this Part, shall have the following meaning
unless the context clearly indicates otherwise:
(1)
"Categorically eligible
household" means any household:
(A) as
defined, per Oklahoma Administrative Code (OAC)
340:50-11-20, in which all
members receive or are authorized to receive:
(i) Temporary Assistance for Needy Families
(TANF) cash assistance; or
(ii) a
combination of Supplemental Security Income (SSI) and TANF cash
assistance;
(B) in which
all members receive or are authorized to receive SSI; or
(C) in which members receive or are
authorized to receive services through 2-1-1 Oklahoma, except as excluded in
(f) of this Section.
(2)
"Authorized to receive" means the person was determined eligible
for benefits and was notified of this determination even if the benefits have
not yet been received, authorized but not accessed, suspended or recouped, or
not paid because they are less than a minimum amount.
(c)
When to classify categorically
eligible households. Food benefit households are categorically eligible
households upon certification unless the households meet the criteria defined
in (f) of this Section. Households remain categorically eligible until the next
certification.
(d)
Financial
eligibility factors. When all household members meet categorical
eligibility per (b)(1) of this Section, they do not have to meet either the
gross or net income eligibility standards of SNAP. Income for the household
must be verified to determine benefit allotment.
(e)
Non-financial eligibility
factors.
(1) All household members must
meet the citizenship requirements per OAC
340:50-5-67. If a person's status
as a United States (U.S.) citizen or non-citizen national is questionable and
was verified for another program, the worker accepts participation in that
program as proof of citizenship or lawful alien status.
(2) Aliens who are otherwise ineligible for
food benefits are not automatically eligible for food benefits because they
receive Supplemental Security Income (SSI). The citizenship requirements
supersede the categorical eligibility requirements.
(3) A categorically eligible household
receiving SSI or Temporary Assistance for Needy Families is considered as
having met the Social Security number (SSN) information, sponsored alien
information, and residency requirements for food benefit purposes.
(f)
Non-categorical
households. Non-categorical households are subject to income limits per
OAC 340:50-9-1(b). A
household is not classified as a categorically eligible household, per
7 C.F.R. §
273.2(j)(2)(vii):
(1) the first time the household applies
after SNAP benefits close because of substantial lottery and gambling winning,
per 7 C.F.R. §
273.11(r), OAC 340-50-7-1,
and 340:50-9-5(j);
(2) when any household member is disqualified
for an intentional program violation, per
7 C.F.R. §
273.16 and OAC
340:50-15-25;
(3) when any household member is disqualified
for being a fleeing felon or probation or parole violator, per
7 C.F.R. §
273.11(n);
(4) when any household member is disqualified
for being convicted of certain crimes as an adult after February 7, 2014, and
is not in compliance with the terms of the sentence or the restrictions under
7 C.F.R. §
273.11(n), per
7 C.F.R. §
273.11(s); or
(5) the head of household is disqualified for
failing to comply with work requirements per OAC
340:50-5-85 through
340:50-5-89. Refer to OAC
340:50-3-1(b)(2)
for head of household information.
(g)
Excluded individuals from
non-categorical households. When a household is otherwise categorically
eligible, individuals excluded from the household, per
7 C.F.R. §
273.2(j)(2)(ix), include:
(1) an ineligible alien, per
7 C.F.R §
273.4 and OAC
340:50-5-67(c);
(2) an ineligible student, per
7 C.F.R. §
273.5 and OAC
340:50-5-45;
(3) a resident of an institution that is not
exempt, per 7 C.F.R. §
273.1(b)(7)(vi) and OAC
340:50-5-7.1; or
(4) an individual failing to comply with a
work requirement, per OAC
340:50-5-85 through OAC
340:50-5-89.
Added at 25 Ok Reg
937, eff 6-1-08; Amended at 26 Ok Reg 840, eff 6-1-09; Amended at 27 Ok Reg
1241, eff 6-1-10; Amended at 28 Ok Reg 850, eff
6-1-11
