Current through Vol. 41, No. 13, March 15, 2024
(a)
General. The Supplemental Nutrition Assistance Program (SNAP)
application process begins with a request for benefits and ends when the
household's eligibility is determined and the household is notified of the
decision.
(1) The application must be
processed no later than 30-calendar days after the signed application is
submitted to Oklahoma Human Services (OKDHS).
(2) Expedited services must be made available
to households in immediate need. Refer to Oklahoma Administrative Code (OAC)
340:50-11-1 through
340:50-11-6
for expedited service criteria and procedures.
(3) Persons having lawful alien status must
have their status verified through Systematic Alien Verification for
Entitlements (SAVE), per OAC
340:65-3-4.
(4) Benefits must be provided retroactively
to the application date for households who complete the application process and
are determined eligible for the application month.
(b)
Filing applications. Each
household wishing to participate in SNAP must file a separate application.
Refer to OAC
340:50-5-1
for household definition. The designated head of household is not required to
make the food benefit application. Applications may be made by a responsible
household member or authorized representative. A responsible household member
or authorized representative completes an authorization for release of
information at the time of application, when necessary. Applications may be
submitted in person, online, or by fax, mail, or email.
(1)
Right to same day filing.
Because the time limit for providing benefits starts on the date OKDHS receives
the application in the county office or online, the worker informs the
household at first contact of its right to submit an application on the contact
date and encourages the household to do so. The worker also informs the
household it does not have to be interviewed before filing the application and
that the household may file an incomplete application. At a minimum, an
incomplete application must contain the applicant's name, address, an adult
household member's signature or the household's authorized representative's
signature.
(A) Form 08MP001E, Request for
Benefits, is made readily accessible to potentially eligible households,
groups, and organizations that assist persons in completing applications for
food benefits.
(B) When the
household requests food benefits:
(i) by
phone, the worker first offers to submit an online application on behalf of the
household (by proxy). When the household does not have time to submit the
application by proxy, the worker informs the household it may submit an
application online at www.okdhslive.org or www.okbenefits.org, or the worker
can email or mail Form 08MP001E to the household the same day; or
(ii) in writing and provides a phone number,
the worker attempts to call the household to proxy the application. When the
household did not provide a phone number or the worker is unable to reach the
household, he or she mails Form 08MP001E to the household on the same day the
written request is received.
(C) To facilitate SNAP participation for
households in which all members are applying for a State Supplemental Payment
(SSP) or Temporary Assistance for Needy Families (TANF), these households must
be allowed to apply for food benefits at the same time they apply for financial
assistance. The household's eligibility and benefit level are based on food
benefit eligibility criteria and the household is certified per SNAP rules.
Refer to OAC
340:50-11-20 through
340:50-11-27
when processing food benefit applications for households approved for SSP
and/or TANF.
(D) Immediately upon
receipt in an OKDHS office, all applications are screened to determine if the
household is entitled to expedited services. All initial applicant households
that qualify, per OAC
340:50-11-1 must receive
expedited processing when certified for food benefits whether requested by the
household or not.
(2)
Head of household. A household may select, as head of household,
an adult parent of children of any age living in the food benefit household, or
an adult who has parental control over children 17 years of age and younger
living in the food benefit household, provided all adult household members
agree to the selection.
(A) Households select
their head of household at each certification action or when there is a change
in household composition.
(B) When
all adult members do not agree to the selection or decline to select an adult
head of household, the household may select another head of household or the
worker may designate a head of household.
(C) In no event does the failure to select an
adult who has parental control of children delay the certification or result in
the denial of benefits for an otherwise eligible household.
(3)
Authorized representative.
Per Section 273.2(n)(1) of Title 7 of the Code of Federal Regulations
(7 C.F.R. §
273.2(n)(1)) , an authorized
representative is an adult non-household member who can act on behalf of the
SNAP household. The authorized representative may complete the application
process, report changes, obtain benefits, and/or purchase food for the
household.
(A) The authorized representative
designation must be made in writing and be signed by the head of household,
spouse, or other responsible household member. The written designation must
clearly state what actions the household wants the authorized representative to
perform for it. The worker only allows the authorized representative access to
the household's food benefits, when the written statement clearly grants such
access. A household may allow any SNAP household member or non-household
member, when authorized, to purchase food or meals for the SNAP household with
the electronic benefits transfer (EBT) card, per
7 C.F.R. §
273.2(n)(3).
(B) A non-household member may be designated
as an authorized representative for the application process provided the person
is an adult who is knowledgeable of the relevant household circumstances. In
the event the only adult member of the household is classified as a
non-household member, per OAC
340:50-5-5,
he or she may be designated as the authorized representative for minor
household members.
(C) When a
household member designates an authorized representative in writing to apply
for SNAP benefits on the household's behalf, the worker informs the household
it will be held liable for any over-issuance that results from erroneous
information given by the authorized representative. When possible, the head of
the household or spouse prepares or reviews the application, even though the
authorized representative actually files the application and is
interviewed.
(4)
Restrictions on authorized representatives. The worker ensures an
authorized representative is properly designated and has not been disqualified
for an intentional program violation, per OAC
340:50-5-10.1
and
340:50-15-25
or is not restricted from serving as an authorized representative, per
7 C.F.R. §
273.2(n)(4) and information
included in (A) through (E) of this subsection.
(A) Limits are not placed on the number of
households an authorized representative may represent. The worker takes care to
ensure the household:
(i) freely requested
the authorized representative's assistance;
(ii) circumstances are correctly reported;
and
(iii) receives the correct
amount of benefits.
(B)
OKDHS employees involved in certification or issuance processes and retailers
authorized to accept food benefits may not act as authorized representatives
without the specific written approval of the county director and only after the
county director determines no one else is available to serve as the authorized
representative.
(C) A person
disqualified for an intentional program violation may not act as an authorized
representative during the disqualification period unless the person
disqualified is the only adult member of the household able to act on its
behalf and the worker determines there is no one else available to serve as an
authorized representative. The worker must separately determine if the person
is needed to apply for or to obtain benefit on behalf of the household.
(D) An authorized representative
is disqualified from serving as an authorized representative in SNAP for up to
one year when evidence demonstrates he or she misrepresented a household's
circumstances, knowingly provided false information pertaining to the
household, or made improper use of benefits.
(i) Information indicating that a person
should be disqualified as an authorized representative is forwarded to Adult
and Family Services (AFS) SNAP, for a decision. The worker is notified in
writing of the decision.
(ii) When
the person is disqualified, appropriate notification is mailed to the household
by AFS SNAP staff.
(iii) This
provision does not apply to persons serving as authorized representatives for
group homes or drug and alcoholic treatment centers. However, authorized
representatives for group homes or drug and alcohol treatment centers who
intentionally misrepresent household circumstances may be prosecuted under
applicable federal and state statutes for their acts.
(E) Homeless meal providers,such as soup
kitchens, temporary shelters, or contracted restaurants, are known as
authorized or private, non-profit establishments. These authorized or private,
non-profit establishments may not act as authorized representatives for
homeless food benefit recipients.
(c)
Processing initial
applications. The application date for online submissions is the date
the household submits the application to the OKDHSLive website at
www.okdhslive.orgor www.okbenefits.org. When the county office receives an
application that contains the applicant's name and address, and is signed by a
responsible member of the household or the household's authorized
representative, the household's application date is the date it is received and
stamped into the county office except as stipulated, per OAC
340:50-9-1(c)
and
340:50-9-6(e).
When the application is signed by the responsible person or authorized
representative for a household also applying for SSP or TANF, the application
is processed, per OAC 340:50-11.
(1)
Normal processing standard for initial applications. The worker
must provide eligible households who complete the initial application process
with food benefits within 30-calendar days following the date the initial
application is submitted.
(2)
Withdrawing application. A household may voluntarily withdraw its
application at any time prior to the eligibility
determination.
(d)
Second 30-calendar day period. A new application is not needed
when a household completes the application interview within 30-calendar days,
is denied for failing to provide verification, and then provides the required
verification within 60-calendar days. When the household waits until the second
30-calendar day period to provide the verification, there is a break in
benefits and the worker changes the application and certification dates to the
date the verification is provided. Refer to OAC
340:50-11-5
when the verification is postponed for an expedited certification.
Amended at 10 Ok Reg 3619, eff 7-25-93 ; Amended at 10 Ok
Reg 4851, eff 9-8-93 (preemptive) ; Amended at 11 Ok Reg 4587, eff 9-1-94
(emergency) ; Amended at 13 Ok Reg 305, eff 6-1-95 (emergency) ; Amended at 12
Ok Reg 1723, eff 6-12-95 ; Amended at 13 Ok Reg 1537, eff 3-7-96 (emergency) ;
Amended at 13 Ok Reg 2631, eff 6-28-96 ; Amended at 14 Ok Reg 220, eff 10-1-96
(preemptive) ; Amended at 15 Ok Reg 165, eff 11-1-97 (emergency) ; Amended at
15 Ok Reg 1623, eff 5-11-98 ; Amended at 20 Ok Reg 872, eff 6-1-03 ; Amended at
25 Ok Reg 937, eff 6-1-08 ; Amended at 26 Ok Reg 840, eff 6-1-09 ; Amended at
29 Ok Reg 794, eff 7-1-12 ; Amended at 30 Ok Reg 670, eff
6-1-13