Current through Vol. 41, No. 13, March 15, 2024
(a)
Cases with unverified deductible
expenses.
(1)
Food benefits
without deductions. When a deductible expense that must be verified, per
Oklahoma Administrative Code (OAC)
340:50-7-31 cannot be verified
within the 30-day processing standard for applications, the worker determines
the household's benefit level without giving a deduction for the claimed, but
unverified expense.
(2)
When
the household is ineligible unless deductible expense is allowed. When a
deductible expense cannot be verified before the 30-day processing standard for
applications expires and the household is ineligible unless the expense is
allowed, the worker:
(A) denies the
application on the 30th day when the worker gave the household at least
10-calendar days to verify the expense; or
(B) delays making a decision until the
10-calendar day verification period expires.
(b)
Determining household
eligibility. The worker determines the household's eligibility based on
gross or net monthly income standards per (3) or (4) of this subsection unless
the household is considered a categorically eligible household, per OAC
340:50-11-113(a) and
(2) of this subsection. When changes in
household composition or other circumstances occur, households certified under
gross income standards may become subject to net income standards during the
certification period or vice versa. The worker changes the income standard when
making other changes to the household's eligibility, benefit level, or
certification period, or at certification renewal, whichever is earlier.
(1)
Income and expense
calculation. The worker calculates the household's gross income before
subtracting deductible expenses to arrive at the net monthly income for the
household.
(A) The worker calculates each
source of monthly gross income separately for each person, using dollars and
cents, and then rounds cents to the nearest dollar. The worker rounds one cent
through 49 cents down and 50 cents through 99 cents up.
(B) The worker uses the same rounding method
for each deductible expense. Deductible expenses are subtracted from gross
income to arrive at the net monthly household income. Deductible expenses may
include dependent care, shelter, legally-binding child support payments, or
medical expenses.
(2)
Categorically eligible households. Per Section 273.2(j) of Title 7
of the Code of Federal Regulations and OAC
340:50-11-113(a),
categorically eligible households in which all household members receive
Temporary Assistance for Needy Families (TANF) or Supplemental Security Income
(SSI) are not subject to the gross or net income standards per (3) or (4) of
this subsection.
(3)
Households without elderly or disabled members. Households that do
not include an elderly or disabled member and are not considered categorically
eligible per (2) of this subsection are not eligible for food benefits when the
household's total gross monthly income exceeds the gross monthly income
standard by household size on Table I of the Oklahoma Department of Human
Services (DHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for
Income and Deductions. When the household meets the gross income standard and
non-financial conditions of eligibility, per OAC 340:50-5, the worker computes
the household's net monthly income to determine eligibility. When the net food
benefit income does not exceed the net income by household size on the food
benefit allotment chart on the Appendix C-3, the household is determined
eligible. The worker follows steps (A) through (H) to determine the household's
net food benefit monthly income.
(A) Add
gross monthly income earned by all household members, per (1) of this
subsection including any net self-employment income, per OAC
340:50-7-30 to determine the
household's total gross earned income.
(B) Subtract the appropriate earned income
deduction per DHS Appendix C-3 to determine the net monthly earned income. The
household is not eligible for the earned income deduction on any portion of
income earned under a work supplementation or support program that is
attributable to public assistance.
(C) Add the net monthly earned income and the
total monthly unearned income of all household members, minus income
exclusions, per OAC
340:50-7-22.
(D) Subtract the standard deduction, per DHS
Appendix C-3.
(E) Subtract monthly
dependent care expenses. A dependent care deduction is not allowed when
dependent care expenses are reimbursed or paid for under an employment and
training (E&T) program or other source.
(F) Subtract verified legally-binding child
support payments made to someone outside the food benefit household.
(G) Add together the allowable shelter
expenses, including the appropriate utility standard, to determine the
household's total shelter costs. Subtract from the total shelter costs 50
percent of the adjusted income, the household's monthly income after all of the
deductions given in (A) through (F) of this paragraph are subtracted. The
remaining amount, if any, is the excess shelter costs. When there are no excess
shelter costs, the net monthly income is determined. When there are excess
shelter costs, proceed to the next step.
(H) When the total shelter costs exceed the
maximum shelter cost deduction shown in DHS Appendix C-3, only the amount not
exceeding the maximum shelter cost deduction is deducted.
(4)
Households with an elderly or
disabled member. When a household that includes an elderly or disabled
member meets the non-financial conditions of eligibility, per OAC 340:50-5, the
household's net food benefit monthly income, and household size are the basis
for determining eligibility. The worker compares the household's net food
benefit monthly income to the Maximum Net Income Standards for the appropriate
household size shown on Table II of DHS Appendix C-3. When the net food benefit
income does not exceed this standard, the household is determined eligible. The
worker follows steps (A) through (H) of this paragraph to determine the
household's net food benefit income.
(A) Add
gross monthly income earned by all household members per (1) of this subsection
including any net self-employment income, per procedures at OAC
340:50-7-30, to determine the
household's total gross earned income.
(B) Subtract the appropriate earned income
deduction, per DHS Appendix C-3 to determine the net monthly earned income. The
household is not eligible for the earned income deduction on any portion of
income earned under a work supplementation or support program that is
attributable to public assistance.
(C) Add the net monthly earned income and the
total monthly unearned income of all household members, minus income
exclusions, per OAC
340:50-7-22.
(D) Subtract the standard deduction as shown
in DHS Appendix C-3.
(E) Subtract
medical expenses that exceed $35 for elderly or disabled household members
only. The worker subtracts the $35 only once for the household rather than for
each household member.
(F) Subtract
monthly dependent care expenses. A dependent care deduction is not allowed when
dependent care expenses are reimbursed or paid for under an E&T program or
other source.
(G) Subtract verified
legally-binding child support payments made to someone outside the food benefit
household.
(H) Add together the
allowable shelter expenses, including the appropriate utility standard, to
determine the household's total shelter costs. Subtract from the total shelter
costs 50 percent of the adjusted income, the household's monthly income after
all of the deductions in (A) through (G) of this paragraph are subtracted. The
remaining amount, if any, is the excess shelter costs.
(i) When there are no excess shelter costs,
the net monthly income is determined.
(ii) When there are excess shelter costs,
subtract excess shelter costs from the adjusted income to determine the net
monthly income.
(c)
Food benefit allotment.
(1)
Initial month proration.
(A) Initial month means the first month the
household is certified for food benefits following any period the household was
not certified. Food benefit allotments for an initial month are prorated from
the date of application.
(i) Migrant and
seasonal farm worker's food benefits are not prorated when the household
received food benefits in the prior month.
(ii) For the initial month, the worker
considers the household's circumstances for the entire application month, even
though the food benefit allotment is based on the day of the month the
household applies for benefits.
(iii) Temporary Assistance for Needy Families
(TANF) cash assistance payments are also prorated from the application date,
per OAC 340:65-3-5(5).
When the worker certifies the household for TANF and food benefits for the same
month, the worker uses DHS Appendix B, Prorated TANF and Food Benefit Payment,
or the formula: (31 minus the application date) x monthly benefit divided by 30
to determine TANF countable income for the initial month.
(B) The prorated benefit is rounded down to
the lower dollar. When the prorated food benefit is less than $10, the worker
denies food benefits for the application month and certifies the household for
the next month.
(C) When the worker
certifies the household for the month following the month of initial
application because the household failed to furnish necessary information, the
worker:
(i) changes the application date to
the date the household furnishes the information to DHS; and
(ii) prorates benefits from the new
application date.
(2)
Monthly benefit. The monthly
benefit for all months except the initial month is the food benefit allotment
listed on DHS Appendix C-3 for the appropriate household size and net
income.
(d)
Certification periods. Certification periods are established for
each eligible household to receive benefits. When the certification period
ends, the household must complete a new application, be interviewed, and
provide required verification, per OAC
340:50-3-2 and
340:50-3-3, before the worker
determines continuing eligibility. Under no circumstances are benefits
continued beyond the end of a certification period without completion of a
certification renewal.
(1)
Month of
application. The month of application is the first month in the
certification period for initial applicants when eligibility is determined
within the 30-day period.
(A) Because of
anticipated changes, a household may be eligible for the application month but
ineligible for the subsequent month. In this situation, the worker certifies
the household for the application month only.
(B) When the worker determines a household is
ineligible for the application month, but is eligible for subsequent months, a
new application is not needed. The worker denies benefits for the application
month and certifies food benefits effective the month following the application
month.
(2)
Missed
interview. When a household misses the scheduled interview, the
household may request a new interview date be scheduled through the 30th day
following their application date. Refer to OAC
340:50-9-4 to determine the
proration date of the food benefit allotment when applications are delayed.
(3)
Information furnished
after the application is denied. When the worker denies an application
because the household did not provide the requested information and the
applicant furnishes the required information to determine eligibility within
the second 30-calendar day period, a new application is not required. The
worker certifies food benefits using the date the household provides required
information or verification as the application, certification, and proration
date.
(e)
Length
of certification periods. The worker assigns the longest certification
period possible based on the predictability of the household's circumstances.
(1)
One month. The worker
assigns a one-month certification to:
(A)
households eligible only for the application month; and
(B) migrant farm worker households in the
work stream, who apply before the 16th of the month.
(2)
Two months. The worker
assigns a two-month certification to:
(A)
households eligible only for the certification month and subsequent month;
and
(B) migrant farm worker
households in the work stream, who apply after the 15th of the month.
(3)
Three or four
months. The worker assigns a three- or four-month certification period
to households that include an able-bodied adult without dependents (ABAWD)
member who is not meeting the work requirement or is not otherwise exempt, per
OAC 340:50-5-100. This occurs when an
ABAWD:
(A) is eligible to receive his or her
initial three or four countable months of benefits; or
(B) regains eligibility for three-consecutive
countable months and is not meeting work requirements.
(4)
Twelve months.
(A) The worker assigns a 12-month
certification period to households at certification unless the household meets
criteria in (1), (2), (3) or (5) of this subsection.
(B) These households are required to complete
a mid-certification renewal at six-month intervals and are known as semi-annual
reporting households.
(5)
Twenty-four months. The
worker assigns a 24-month certification period to households when all adult
members are elderly or disabled with no earned income. These households are
required to complete a mid-certification renewal at 12-month intervals and are
known as annual reporting households.
Amended at 9 Ok Reg
3725, eff 2-12-92; Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended
at 10 Ok Reg 1821, eff 5-13-93; Amended at 11 Ok Reg 345, eff 10-15-93
(emergency); Amended at 11 Ok Reg 2667, eff 6-13-94; Amended at 11 Ok Reg 4587,
eff 9-1-94 (emergency); Amended at 12 Ok Reg 1577, eff 1-27-95 (emergency);
Amended at 12 Ok Reg 2443, eff 6-26-95; Amended at 14 Ok Reg 220, eff 10-1-96
(preemptive); Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at
19 Ok Reg 202, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1767, eff 6-14-02;
Amended at 20 Ok Reg 2924, eff 10-1-03 (emergency); Amended at 21 Ok Reg 841,
eff 4-26-04; Amended at 22 Ok Reg 805, eff 5-12-05; Amended at 22 Ok Reg 2767,
eff 9-1-05 (emergency); Amended at 23 Ok Reg 1896, eff 7-1-06; Amended 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; Amended at 29 Ok Reg
794, eff 7-1-12