Current through Vol. 42, No. 1, September 16, 2024
(a)
Resource consideration.
Resources must be considered in determining Supplemental Nutrition Assistance
Program (SNAP) food benefit eligibility for households that:
(1) contain one or more sponsored aliens
whose sponsor's resources must be deemed to the sponsored alien, per Section
274.3(c) of Title 7 of the Code of Federal Regulations (7
C.F.R. §
273.4(c)) and
Oklahoma Administrative Code (OAC)
340:50-5-49;
and
(2) cannot be classified as a
categorically eligible household, per
7 C.F.R. §
273.2(j)(2)(vii) and OAC
340:50-11-111(d).
Non-categorically eligible households include households:
(A) that reapply for SNAP food benefits the
first time following closure due to substantial lottery or gambling winnings,
per OAC
340:50-7-1;
(B) that include a member who is disqualified
for an intentional program violation, per
7 C.F.R. §
273.16 and OAC
340:50-15-25;
(C) that include a member who is ineligible
for being a fleeing felon or probation violator, per
7 C.F.R. §
273.11(n) and OAC
340:50-5-10.1;
(D) that include a household member who 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
(E) whose 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.
(b)
Countable resources. When a
household meets one of the criteria, per (a) of this Section, it must verify
the value of non-excluded resources owned by a household member(s) and meet the
appropriate non-categorically eligible resource standard, per Oklahoma
Department of Human Services (OKDHS) Appendix C-3, Maximum Food Benefit
Allotments and Standards for Income and Deductions. Countable resources include
liquid and non-liquid resources per (1) and (2) of this subsection.
(1) Liquid resources include, but are not
limited to:
(A) cash on hand;
(B) money in checking or savings
accounts;
(C) savings
certificates;
(D) stocks or bonds;
and
(E) lump sum payments, such as
lottery or gambling winnings.
(2) The equity value of non-liquid resources
is considered unless the resource is excluded per (c) of this Section or is a
licensed vehicle excluded from the equity test per (E) of this paragraph. The
equity value is the fair market value less encumbrances. Non-liquid resources
include, but are not limited to:
(A) personal
property;
(B) boats;
(C) buildings, land, or other property that
are not excluded, per (c) of this Section;
(D) mobile homes other than home property;
and
(E) licensed and unlicensed
vehicles that are not excluded, per (c)(3) of this Section and
7 C.F.R. §
273.8(e)(3) and (f)(2). For
non-excluded licensed vehicles, the fair market value over $4,650, regardless
of any encumbrances on the vehicle, counts as a resource.
(i) Vehicles excluded from the equity test
but not the fair market value test include one licensed vehicle per adult
household member, ineligible alien, or disqualified household member, and any
other vehicle used by a household member younger than 18 years of age to drive
to work, school, training, or to look for work.
(ii) The worker determines the equity value
of non-excluded unlicensed and licensed vehicles, unless exempted from the
equity test, per (i) of this paragraph.
(iii) When the vehicle has a fair market
value of over $4,650 and an equity value, the worker counts the greater of the
two amounts as a resource.
(c)
Resource exclusions.
Resource exclusions include:
(1) the home and
surrounding property that is not separated from the home by intervening
property owned by others;
(2)
household goods, personal effects, the cash value of life insurance policies,
one burial plot and the value of one funeral agreement per household member,
and the cash value of pension or retirement plans or funds;
(3) licensed vehicles that:
(A) are used for income-producing purposes,
such as a taxi, fishing boat, or delivery vehicle or are required by the terms
of employment;
(B) annually produce
income consistent with their fair market value;
(C) are needed for long-distance travel for
work, other than daily commuting;
(D) are used as the household's home;
(E) are necessary to transport a
physically disabled household member or disqualified member regardless of the
transportation's purpose;
(F) are
needed to carry most of the household's fuel for heating or water for home use;
or
(G) would sell for less than
$1,500;
(4) property that
annually produces income consistent with its fair market value, such as rental
homes or vacation homes;
(5)
property that is essential to the employment or self-employment of a household
member, such as farm land or work-related equipment;
(6) installment contracts for the sale of
land or buildings when the contract or agreement produces income consistent
with its fair market value;
(7)
government payments designated to restore a home damaged in a
disaster;
(8) resources with a cash
value that is not accessible to the household, such as irrevocable trust funds,
security deposits on rental property, property in probate, and real property
that the household is making a good faith effort to sell;
(9) resources that are prorated as income,
such as for self-employed persons;
(10) Indian lands held jointly by the tribe
or land that can only be sold with the Bureau of Indian Affairs approval;
(11) resources excluded by federal
statute;
(12) federal, state, or
local earned income tax credits received by any household member are excluded
for 12 months, provided the household received SNAP benefits at the time of
receipt and continuously received SNAP food benefits during the 12-month
period. When the household was not receiving SNAP benefits during the month the
federal earned income tax credit was received, it is excluded for the month of
receipt and the following month;
(13) where a resource exclusion applies for a
household member, it also applies for an ineligible alien or disqualified
person whose resources are counted as part of the household's resources;
(14) energy assistance payments or
allowances excluded as income;
(15)
non-liquid assets against which a lien is placed for a business loan when the
household is prohibited from selling the assets;
(16) property, real or personal, to the
extent it is directly related to the maintenance or use of a vehicle excluded
per (C) of this subsection;
(17)
resources of a household member who receives Supplemental Security Income,
State Supplemental Payment, or Temporary Assistance for Needy Families;
and
(18) funds in a qualified
tuition program, per Section 529 of the Internal Revenue Code; a Coverdell
education savings account, per Section 530 of the Internal Revenue Code; and
any other education savings account Food and Nutrition Services determines to
be excludable.
(d)
Transfer of resources. At application, the worker asks the
household if a household member, an ineligible alien, or a disqualified person
whose resources are considered available to the household transferred
non-exempt resources within the three-month period immediately preceding the
application date. Households that transfer resources for the purpose of
qualifying or attempting to qualify for SNAP food benefits are disqualified
from SNAP participation for up to one year from the discovery of the transfer.
This includes when the household transfers all or some of its substantial
lottery or gambling winnings to a non-household member for this purpose. The
length of the disqualification period is determined based on the amount by
which the transferred resources, when added to other countable resources,
exceeds the allowable non-categorical resource standard per Appendix C-3. When
the amount of transferred resources equals:
(1) $0 to 249.99, the disqualification period
is one month;
(2) $250 to 999.99,
the disqualification period is three months;
(3) $1,000 to 2999.99, the disqualification
period is six months;
(4) $3,000 to
4,999.99, the disqualification period is nine months; or
(5) $5,000 or more, the disqualification
period is 12 months.
(e)
Substantial lottery and gambling winners. A household whose SNAP
benefits closed due to substantial lottery or gambling winnings is only
required to meet the resource requirements of this Section the first time it
reapplies for SNAP and is certified. When the household reapplies, it must
verify the substantial lottery or gambling winnings are spent down and its
countable resources are below the appropriate resource standard, per OKDHS
Appendix C-3. Once the household meets non-categorical resource requirements
and is certified, it regains categorical eligibility for future applications
and renewals unless (a)(1) or (2)(B) through (E) of this Section
applies.
(f)
Sponsored alien
resources. When a sponsor's resources must be considered, the worker
subtracts $1,500 from the sponsored alien's countable resources before
determining if the countable resources exceed the resource standard for
sponsored alien households, per Oklahoma Human Services Appendix C-3.
