Current through Vol. 42, No. 1, September 16, 2024
(a)
Excluded household members. Excluded household members may not
participate as a separate food benefit household. When excluded members live
with the food benefit household, they are excluded from the household's size
when determining benefits and comparing the household's monthly income with the
income eligibility standards. Depending on the reason they are excluded, all or
a portion of their income is included as countable income for the food benefit
household and deductible expenses may be prorated, per Section 273.11(c) of
Title 7 of the Code of Federal Regulations (7 C.F.R. §
273.11(c)) . Refer to
Oklahoma Administrative Code (OAC)
340:50-7-29(d),
to determine how the income and expenses of excluded household members is
counted.
(b)
Disqualified
household members. A household member may be disqualified for
Supplemental Nutrition Assistance Program (SNAP) food benefits, per
7 C.F.R. §
273.1(b)(7) for:
(1) committing an intentional program
violation or fraud, per OAC
340:50-15-25;
(2) failing to meet work registration
requirements, per OAC
340:50-5-85
through OAC
340:50-5-89;
(3) being a fleeing felon. Per
7 C.F.R. §
273.11(n)(1), for a person
to be considered a fleeing felon, the worker must verify:
(A) there is an outstanding arrest warrant
for the person issued for his or her arrest by a federal, state, or local law
enforcement agency or court and, the underlying cause for the warrant is for
committing or attempting to commit a crime that is a felony under the law of
the place from which the person is fleeing, or a high misdemeanor under the law
of New Jersey;
(B) the person is
aware of, or should have reasonably expected that a felony warrant was, or
would have been, issued;
(C) the
person took some action with intent to avoid being arrested or jailed;
and
(D) a federal, state, or local
law enforcement agency is actively seeking the person. "Actively seeking" is
when a federal, state, or local law enforcement agency:
(i) informs Oklahoma Human Services (OKDHS)
that it intends to enforce an outstanding felony warrant, as described in
(b)(3)(A) of this Section, within 20-calendar days of submitting a request for
information about the person to OKDHS;
(ii) presents a felony arrest warrant to
OKDHS that conforms to one of the National Crime Information Center uniform
offense classification codes, to obtain information on the location of and
other information about the person named in the warrant. National Crime
Information Center uniform offense classification codes are:
(I) escape, code 4901;
(II) flight to avoid prosecution,
confinement, and such, code 4902; or
(III) flight-escape, code 4999; or
(iii) states it intends to enforce
an outstanding felony warrant within 30-calendar days of the date of the
request from OKDHS about a specific outstanding felony warrant; or
(4) being a probation or
parole violator meeting criteria of this paragraph. Per
7 C.F.R. §
273.11(n)(2), to be
considered a probation or parole violator, the Adult and Family Services
director's designee must determine that:
(A)
the person violated a condition of his or her probation or parole imposed under
federal or state law; and
(B)
federal, state, or local law enforcement authorities are actively seeking the
person to enforce the conditions of the person's probation or parole. "Actively
seeking" is when a federal, state, or local law enforcement agency:
(i) informs OKDHS that it intends to arrest a
person for a probation or parole violation within 20-calendar days of
submitting an information request about the person to OKDHS; or
(ii) states that it intends to arrest the
person for a probation or parole violation within 30-calendar days of the
request date from OKDHS about a specific outstanding felony warrant or parole
violation.
(c)
Ineligible household
members. Ineligible household members are persons living in the
household that do not meet a program requirement, such as:
(1) failure to obtain, or refusal to provide
a Social Security number, per OAC
340:50-5-68;
(2) being an ineligible alien, per OAC
340:50-5-67;
(3) being an able-bodied adult without
dependents and not meeting work requirements, per OAC
340:50-5-100;
or
(4) failure to cooperate with
providing requested verification when information is unclear, per OAC
340:50-9-5(i)(4).
Added at 15 Ok Reg
165, eff 11-1-97 (emergency); Added at 15 Ok Reg 1623, eff 5-11-98; Amended at
17 Ok Reg 46, eff 9-7-99 (emergency); Amended at 17 Ok Reg 1265, eff 6-1-00;
Amended at 18 Ok Reg 3639, eff 9-7-01 (emergency); Amended at 19 Ok Reg 1119,
eff 5-13-02; Amended at 27 Ok Reg 1241, eff
6-1-10
