Current through Vol. 41, No. 13, March 15, 2024
(a)
Change
reporting requirements. Section
273.12 of Title 7 of the Code of
Federal Regulations (7 C.F.R.
§
273.12) contains change reporting
requirements after application and during the certification period described in
(a) through (j) of this Section.
(b)
Applicant households.
Applicant households must report all changes related to their food benefit
eligibility and benefit amount. Households must report changes that occur after
the interview but before the date of the notice of eligibility, within
10-calendar days of the date of the notice.
(c)
Annual reporting households.
Annual reporting households are households in which all adult members are
elderly or disabled with no earned income.
(1)
Certification period. A
24-month certification period is automatically assigned to annual reporting
households. Annual reporting households must complete a mid-certification
renewal between certification periods to report current household
circumstances.
(2)
Change
reporting between renewal periods. Between the mid-certification renewal
and certification renewal reporting months, the household must report gross
income changes when the household's income exceeds the maximum gross income
scale for household size shown on Form 08MP006E, Information for Benefit
Renewal, and when the household wins substantial lottery or gambling winnings
as defined, per 7 C.F.R.
§
273.11(r) and
Oklahoma Administrative Code (OAC)
340:50-7-1, within 10-calendar
days of receipt of the first payment attributable to the change. The maximum
gross income scale is based on 130 percent of the monthly poverty income
guidelines.
(3)
Action taken
on reported changes. The worker must act on all changes reported by
households.
(A) The computer system
determines if the change results in an increase, decrease, or no change in
benefits.
(B) Between the
mid-certification renewal and certification renewal months, the changes the
worker makes do not decrease or close benefits until the mid-certification
renewal is due unless the:
(i) household's
income increase exceeds the maximum gross income scale for household size shown
on Form 08MP006E;
(ii) household
requested benefit closure;
(iii)
worker has information about the household's circumstances considered verified
upon receipt, per (h) of this Section;
(iv) a household member is identified as a
disqualified or ineligible person, per
7 C.F.R. §
273.12(a)(5)(vi) and OAC
340:50-5-10.1; or
(v) the worker verifies the household won
substantial lottery or gambling winnings as defined, per
7 C.F.R. §
273.11(r) and OAC
340:50-7-1(b).
When this occurs, refer to (j) of this Section, and OAC
340:50-7-1(b)
and 340:50-7-6, for information
regarding actions that are taken.
(C) The computer system applies all changes
that increase benefits. Before entering a change that increases benefits,
verification supporting the change must be provided, when
required.
(d)
Mid-certification renewal for annual reporting households. Annual
reporting households are sent notification in the 11th month of certification
that the mid-certification renewal is due. The notice explains methods the
household may choose to complete the renewal and required verification needed.
An interview is not required.
(1)
When
the mid-certification renewal is due. The household must complete the
benefit renewal and provide required verification by the last day of the 12th
month of certification.
(2)
Completion of mid-certification renewal. The worker reviews
benefit renewal information and verification provided to determine completeness
and continued eligibility.
(A) When the
renewal is complete and the household remains eligible, the worker acts on all
reported changes and the computer system applies any increase or decrease in
benefits.
(i) When the household fails to
provide sufficient information regarding a deductible expense requiring
verification, the worker processes the mid-certification renewal without regard
to the deduction.
(ii) When
benefits are decreased, an advance notice is sent, per Oklahoma Human Services
(OKDHS) Appendix B-2, Deadlines for Case Actions.
(iii) When a categorically eligible household
as defined in OAC
340:50-11-11(b)(1)
has income that now exceeds the maximum gross income standards for household
size per Appendix C-3, Maximum Food Benefit Allotments and Standards for Income
and Deductions, the worker uses the procedures in (k) of this
Section.
(B) When the
household is no longer eligible, the worker closes food benefits effective the
next advance-notice deadline date, per (OKDHS) Appendix B-2.
(C) When the renewal is incomplete, the
computer system closes food benefits effective the next advance-notice deadline
date, per (OKDHS) Appendix B-2.
(3)
When benefits may be
reopened. Food benefits may be reopened following closure when criteria
is met per (l) of this Section.
(e)
Semi-annual reporting
households. Food benefit households are considered semi-annual reporting
households unless they meet criteria per (b), (c), or (g) of this Section.
(1)
Certification period. A
12-month certification period is automatically assigned to semi-annual
reporting households.
(2)
Change reporting between renewal periods. Between the
mid-certification renewal and certification renewal reporting months, the
household must report when:
(A) the
household's gross income exceeds the maximum gross income scale for household
size shown on Form 08MP006E and when the household wins substantial lottery or
gambling winnings as defined, per
7 C.F.R. §
273.11(r) and OAC
340:50-7-1, within 10-calendar
days of receiving the first payment attributable to the change. The maximum
gross income scale is based on 130 percent of the monthly poverty income
guidelines; and
(B) a decrease in
work hours below an average of 20 hours per week or 80 hours per month occurs
for any household member meeting the able-bodied adults without dependents
(ABAWD) work rules, per OAC
340:50-5-100, by the 10th of the
following month.
(3)
Action taken on reported changes. The worker must act on all
changes reported by households.
(A) The
computer system determines if the change results in an increase, decrease, or
in no change in benefits.
(B)
Between mid-certification renewal and certification renewal months, the changes
the worker makes do not decrease or close food benefits until the
mid-certification renewal is due unless:
(i)
the household's income increase exceeds the maximum gross income scale for
household size shown on Form 08MP006E;
(ii) the household requested benefit closure;
(iii) the worker has information
about the household's circumstances considered verified upon receipt, per (h)
of this Section;
(iv) an ABAWD must
be removed from the food benefit household because he or she does not meet the
ABAWD work rule, per OAC
340:50-5-100;
(v) a household member is identified as a
disqualified or ineligible person, per
7 C.F.R. §
27312(a)(5)(vi) and OAC
340:50-5-10.1;
(vi) a household member is identified as
failing to meet work registration requirements, per OAC
340:50-5-85 through OAC
340:50-5-87; or
(vii) the worker verifies the household won
substantial lottery or gambling winnings as defined, per
7 C.F.R. §
273.11(r) and OAC
340:50-7-1(b).
When this occurs, refer to (j) of this Section, and OAC
340:50-7-1(b)
and 340:50-7-6, for information
regarding actions that are taken.
(C) The computer system applies all changes
that increase benefits. Before entering a change that increases benefits,
verification supporting the change must be provided, when
required.
(f)
Mid-certification renewal for semi-annual reporting households.
Semi-annual reporting households are sent notification in the fifth month of
certification that the mid-certification renewal is due. An interview is not
required.
(1)
When the
mid-certification renewal is due. The household must complete the
benefit renewal and provide required verification by the last day of the sixth
month of certification.
(2)
Completion of mid-certification renewal. The worker reviews
benefit renewal information and verification provided to determine completeness
and continued eligibility.
(A) When the
renewal is complete and the household remains eligible, the worker acts on all
reported changes and the computer system applies any increase or decrease in
benefits.
(i) When the household fails to
provide sufficient information regarding a deductible expense requiring
verification, the worker processes the mid-certification renewal without regard
to the deduction.
(ii) When
benefits are decreased, the worker sends an advance notice, per OKDHS Appendix
B-2, Deadlines for Case Actions, deadline dates.
(iii) When a categorically eligible household
as defined in OAC
340:50-11-11(b)(1)
has income that now exceeds the maximum gross or net income standards for
household size per Appendix C-3, the worker uses the procedures in (k) of this
Section.
(B) When the
household is no longer eligible, the worker closes food benefits effective the
next advance-notice deadline date, per OKDHS Appendix B-2.
(C) When the renewal is incomplete, the
computer system closes food benefits effective the next advance-notice deadline
date, per OKDHS Appendix B-2.
(3)
When benefits may be
reopened. Food benefits may be reopened following closure when criteria
is met, per (l) of this Section.
(g)
Change reporting households.
Change reporting households are assigned a certification period other than 12
or 24 months. These households are required to report changes within
10-calendar days of when the change occurred.
(1)
Household characteristics.
Households not approved for a 12- or 24-month certification period include
households approved for:
(A) expedited
services for one or two months because verification was postponed, per OAC
340:50-3-2; and
(B) a three- or four-month certification
period because the household includes one or more ABAWDs that do not meet the
work rule, per OAC
340:50-5-100.
(2)
Required change reporting.
These households must report changes in:
(A)
sources of income;
(B) unearned and
earned income of the income reporting threshold, per Appendix C-3;
(C) household composition, such as an
addition or loss of a household member;
(D) residence and shelter costs;
(E) the legal obligation to pay child
support;
(F) the work hours of an
ABAWD subject to benefit time limits, per OAC
340:50-5-100 when they fall below
20 hours per week; and
(G)
resources when the household wins substantial lottery or gambling winnings as
defined, per 7 C.F.R. §
273.11(r) and OAC
340:50-7-1(b).
When this occurs, refer to (j) of this Section, and OAC
340:50-7-1(b)
and 340:50-7-6, for information
regarding actions that are taken.
(3)
Action taken on case
changes. The worker must act on changes reported by the household within
10-calendar days of the date the household reported the change and provided
necessary verification.
(A) When the
household fails to report a change within the 10-calendar day period and, as a
result, receives benefits to which it is not entitled, an overpayment claim is
referred to Adult and Family Services (AFS) Benefit Integrity and Recovery, per
OAC 340:50-15.
(B) When the worker
fails to take timely action on a reported change and benefits are lost, the
worker supplements the household's food benefits.
(4)
Changes that increase
benefits. When the household reports a change that increases benefits
the household must verify the information before the worker makes the change.
The worker gives the household 10-calendar days to verify the
information.
(5)
Changes that
decrease or close benefits. When the household reports a change in
household circumstances that decreases or closes food benefits, the worker
gives or sends the household Form 08AD092E, Client Contact and Information
Request, giving the household 10-calendar days to provide verification of the
change. When the household provides required verification, the worker reduces
or closes food benefits based on the verification provided. When the household
does not provide required verification, the worker closes the food benefits
based on the household's failure or refusal to provide verification.
(A) When a household's benefit decreases or
closes, an advance notice of adverse action is required unless exempt from such
notice for a reason listed in (i) or (ii) of this subparagraph. Per
7 C.F.R. §
273.13, advance notice of adverse action is
considered timely when the notice is mailed at least 10-calendar days before
the action becomes effective. The household retains its right to a fair hearing
and continuation of benefits when a fair hearing is requested within
10-calendar days of the change notice. An adverse action notice may be mailed
just prior to the date the household receives or would have received benefits
when the:
(i) OKDHS receives a clear written
statement signed by a responsible household member:
(I) stating the household no longer wishes to
receive food benefits; or
(II)
giving information that requires closure or reduction of food benefits and
stating that the household understands the food benefit will be reduced or
closed; or
(ii) worker
closes or reduces food benefits per notice requirements at (m)(3)(A) of this
Section.
(B) When an
advance notice is required, the benefit decrease or closure is effective the
next advance notice deadline date, per OKDHS Appendix B-2. When the household
reports a change:
(i) 10-calendar days or
more before the advance-notice deadline, per OKDHS Appendix B-2, the worker
decreases or closes the food benefit effective the first of the following
month; or
(ii) less than
10-calendar days before the advance-notice deadline, per OKDHS Appendix B-2,
the worker must take action before the advance-notice deadline the following
month.
(C) When a
reported change increases food benefits, the worker makes the change by the
non-advance-notice deadline date, per OKDHS Appendix
B-2.
(h)
Changes considered verified upon receipt. Verified upon receipt
means the information is not questionable and the provider is the primary
source of the information. For example, when OKDHS receives Social Security and
Supplemental Security Income verification through data exchange with the Social
Security Administration (SSA), it is considered verified upon receipt because
SSA is the primary source. When the worker receives information considered
verified upon receipt, he or she makes the change within 10-calendar days of
notification using OKDHS Appendix B-2 deadline dates.
(i)
Required action on unclear
information. During the certification period, the worker may obtain
unclear information about a household's circumstances that may affect the
household's continued eligibility or benefit amounts. The worker may receive
the unclear information from a third party, such as a data exchange
discrepancy, an employer, or a person claiming knowledge of the household's
circumstances. Unclear information is information that is not verified or is
verified but the worker needs additional information before acting on the
change.
(1) Per
7 C.F.R. §
273.12(c)(3)(i), when the
worker receives unclear information in a non-report month for semi-annual or
annual reporting households or any month for change reporters, he or she sends
Form 08AD092E to the household to verify its circumstances within 10-calendar
days only when the unclear information:
(A)
significantly conflicts with the information used at the time of the
certification, indicating the household may have failed to report eligibility
information at application; or
(B)
is fewer than 60-calendar days old, relative to the current participation month
and, when true, must be reported under the household's reporting
responsibilities.
(2)
When the household provides the requested verification in a non-report month,
the worker determines what action to take per requirements at (c)(3) and (e)(3)
of this Section.
(3) When the
worker sends Form 08AD092E, per (i)(1)(A) or (B) of this Section, and the
household does not respond or responds but refuses to provide sufficient
information to clarify its circumstances, the worker closes the household's
food benefits effective the next advance-notice deadline date, per OKDHS
Appendix B-2;
(4) Per 7 C.F. R.
§ 273.12(c)(3)(iii), when the worker receives a data match that indicates
a household member may have died or may be incarcerated for more than
30-calendar days, the worker sends Form 08AD092E to the household notifying it
of the discrepancy and requesting information regarding the household member.
(A) When the household is a change reporting
household and:
(i) fails to respond to Form
08AD092E or responds but refuses to provide sufficient information to clarify
the person's household status, the worker closes the household's food
benefits;
(ii) responds and
verifies the person is not dead or incarcerated, no action is taken;
or
(iii) responds and confirms the
accuracy of the data exchange information, the worker removes the person from
the food benefit and determines if an overpayment referral is needed, per OAC
340:50-15.
(B) When the
household is an annual or semi-annual reporting household and:
(i) fails to respond to Form 08AD092E or
responds but refuses to provide sufficient information to clarify the person's
household status, the worker removes the person and his or her income from the
household and adjusts the food benefits;
(ii) responds and verifies that the person
did not die or is not incarcerated, no action is taken; or
(iii) responds and confirms the accuracy of
the data exchange information, the worker removes the person and his or her
income from the household, adjusts the food benefits, and determines if an
overpayment referral is needed, per OAC
340:50-15.
(j)
Required action on substantial
lottery or gambling winnings. The worker must take prompt action to
verify receipt of substantial lottery or gambling winnings and begin closure
procedures when the household or a third party reports the household received
substantial lottery or gambling winnings, per OAC
340:50-7-1(b),
for all types of reporting households.
(1)
When the household reports substantial winnings, verification of the winnings
is required. The worker closes the SNAP food benefit for the entire household
when verification is received even when the household states all of the
winnings were spent, per 7 C.F. R. § 273.11(r). The worker also closes the
SNAP food benefit when the household fails to provide verification after being
given 10-calendar days to do so.
(2) When the worker receives information from
a data match or other third party regarding the household's receipt of
substantial lottery or gambling winnings, the action required depends on
whether the information is unclear, per (i) of this Section.
(A) When the worker receives a direct match
from a lottery or gambling entity and there is no question regarding which
client received the winnings, the worker closes the SNAP food benefit effective
the next advance notice deadline date, per OKDHS Appendix B-2.
(B) When the worker receives the information
from a third party data match or another third party, the worker follows
unclear information procedures per (i) of this Section.
(3) When the worker closes the SNAP food
benefit due to substantial lottery or gambling winnings, the household must
reapply and may not be considered categorically eligible the first time it
reapplies, per 7 C.F. R. § 273.11(r), OAC
340:50-7-1(a)(2)
and 340:50-11-111(d).
To regain eligibility, the household must meet non-categorical resource
requirements, per 7 § C.F.R. 273.8 and OAC
340:50-7-6, and verify how the
winnings were spent down below the appropriate resource standard, per OKDHS
Appendix C-3. This applies to all households, including households receiving
Supplemental Security Income or Temporary Assistance for Needy Families. When
the household meets non-categorical resource requirements and is certified, it
regains categorical eligibility for future applications and renewals unless the
household contains a sponsored alien or may not be considered categorically
eligible, per OAC
340:50-7-1(a)(2)
and 340:50-11-111(d).
(k)
Categorically eligible household
changes. When categorically eligible households, per OAC
340:50-11-111(b),
report changes in income, workers do not close the SNAP case due to the
household exceeding the gross or net income standards for the household size
per Appendix C-3. The worker updates the system with the new income
information. When the categorically eligible household exceeds the income
standard, the system:
(1) reduces the monthly
allotment to the minimum benefit for one- and two- person households;
and
(2) does not issue a benefit
for three or more person households. The SNAP case remains open with no
benefit.
(l)
When
benefits may be reopened following closure. The food benefit may be
reopened following closure using current eligibility information, when:
(1) OKDHS did not administer policy and
procedures correctly. The food benefit is reopened effective the first day of
the month of closure;
(2) the
household fails to complete the mid-certification renewal timely but provides
all required verification by the first day of the month of closure. The food
benefit is reopened effective the first day of the month of closure;
or
(3) the household fails to
complete the mid-certification renewal timely but provides all required
verification by the last day of the month of closure. The food benefit is
reopened and prorated from the date the household completes the
mid-certification renewal and provides all required
verification.
(m)
Notice requirements. OKDHS is required to send a notice to the
household when food benefits increase, reduce, or close.
(1)
Advance notice of adverse action
required. Prior to reducing or closing food benefits during the
certification period, per 7
C.F.R. §
273.13, the worker must provide
timely advance notice unless circumstances described in (m)(2) or (3) of this
Section occur.
(A) Advance notice of adverse
action is considered timely when the notice is mailed at least 10-calendar days
before the action becomes effective. Refer to OKDHS Appendix B-2 for advance
notice processing deadlines.
(B)
When the household reports a change:
(i)
10-calendar days or more before the advance notice of adverse action deadline,
the worker decreases or closes the food benefit effective the first of the
following month. For example, when the household reports a change on May 18th,
the effective date of the change is June 1st; or
(ii) less than 10-calendar days before the
advance notice of adverse action deadline, per OKDHS Appendix B-2, the worker
decreases or closes the food benefit effective the first of the month after the
following month. For example, when the household reports a change on May 25th,
the effective date of the change action is July
1st.
(2)
Notice requirement when benefits increase. When a reported change
increases food benefits, the worker makes the change by the non-advance notice
deadline date, per OKDHS Appendix B-2. When the change is reported after the
non- advance notice deadline, the worker supplements food benefits.
(3)
Advance notice of adverse action
not required. Advance notice of adverse action is not required for
actions (A) through (H) of this paragraph, per
7 C.F.R. §
273.12(e) and
7 C.F.R. §
273.13(b).
(A)
Mass changes. When OKDHS
initiates mass changes because of changes or requirements in federal or state
law, the computer system closes benefits by the non-advance-notice deadline,
per OKDHS Appendix B-2. In these situations, the individual notification
requirement is waived and AFS mails generic notices to the affected households
informing them of the changes that are about to be made.
(B)
Deceased household members.
When the worker determines, based on reliable information, that all members of
the household are deceased, the worker closes benefits by the
non-advance-notice deadline, per OKDHS Appendix B-2.
(C)
Moved out of state. When the
worker determines, based on reliable information, the household moved out of
state, the worker closes benefits by the non-advance-notice deadline, per OKDHS
Appendix B-2.
(D)
Unfinished
issuance certification. When the unfinished issuance process is used at
certification, the worker adjusts the benefit to account for changes
anticipated at the time of certification. The certification notice informs the
household of all benefit changes included in this process.
(E)
Disqualified household
member. When the only household member is disqualified for an
intentional program violation or fraud, per OAC
340:50-15-25, food benefits are
closed by the non-advance-notice deadline, per OKDHS Appendix B-2. When there
is more than one person in the household, the remaining household members'
benefits are reduced or closed because of that household member's
disqualification by the non-advance-notice deadline, per OKDHS Appendix
B-2.
(F)
Facility loses
approval. When a household's food benefit closes because the drug or
alcohol treatment center or group home facility where the household resides is
no longer approved, the worker closes benefits by the non-advance-notice
deadline, per OKDHS Appendix B-2.
(G)
Household provides written
statement. The worker closes or reduces benefits by the
non-advance-notice deadline, per OKDHS Appendix B-2, when the household
provides a written statement:
(i) stating the
household no longer wants to receive food benefits; or
(ii) requesting closure or reduction in food
benefits to avoid or repay an overpayment.
(H)
Case transfer. When closing
and transferring food benefits from one case to another case without a decrease
or disruption in benefits, the worker closes food benefits by the
non-advance-notice deadline, per OKDHS Appendix
B-2.
(n)
Action on changes when fair hearings are requested. When a
household requests a fair hearing within 10-calendar days of the date shown on
an adverse action notice, the worker must reopen or restore food benefits to
the previous level pending the outcome of the hearing unless the household
specifically waives continuation of benefits, per 7 § C.F.R. 273.15(k).
Refer to OAC 340:2-5 for fair hearing procedures.