(a) Purpose. The purpose of the Oklahoma Human Services State Supplemental Payment (SSP) Program is to supplement the income of persons with disabilities, who are blind, or who are 65 years of age and older based on the eligibility rules contained in this Chapter. (b) Legal basis. The legal basis for the SSP Program is vested in Article XXV of the State of Oklahoma Constitution and Section 161 et seq. of Title 56 of the Oklahoma Statutes.

The following words and terms, when used in this Chapter, have the following meanings, unless the context clearly indicates otherwise. "Countable income" means the total unearned income plus the net earned income. The net earned income is gross earned income minus the $20 general income exclusion, $65 work exclusion, and one-half of the remainder. For individuals who are blind, refer to Oklahoma Administrative Code (OAC) 317:35-5-42(g)(3)(5), (9), and (10), for additional exemptions. "Disabled individual" means a person who meets the same definition, per Section 1382c(a)(3) of Title 42 of the United States Code that the Social Security Administration uses in determining eligibility for Supplemental Security Income disability benefits. "Earned income" means income the person receives from wages, salaries, commissions, or profits from activities he or she is engaged in, as a self-employed individual or as an employee. "Eligible couple" means two persons married to each other who are both 65 years of age and older, blind, or disabled and meet the income and resource standard for a money payment, per Oklahoma Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedules VIII.A and D. "Eligible individual" means a person who is 65 years of age and older, blind, or disabled and meets the income and resource standard for SSP, per OKDHS Appendix C-1, Schedules VIII.A and D. "Eligible individual with essential spouse" means an eligible individual living with a spouse who is not 65 years of age and older, blind, or disabled but has been continuously included in the case prior to 1974. The couple must meet the income and resource standards, per OKDHS Appendix C-1, Schedule VIII.A and D. "Eligible individual with ineligible spouse" means an eligible individual living with a spouse who is not 65 years of age and older, blind, or disabled and does not meet the definition of an essential spouse. The couple must meet the income and resource standard, per OKDHS Appendix C-1, Schedule VIII.A and D. "Eligible individual with ineligible spouse and dependent child(ren)" means a married couple who meets the definition of an eligible individual with an ineligible spouse that have a child(ren) younger than 18 years of age with the proper degree of relationship residing in the home full-time. The couple must meet the income and resources standard, per OKDHS Appendix C-1, Schedule VIII.A and D. "Ineligible child" means a child younger than 18 years of age who is not blind or disabled. "Minor eligible child who is blind or disabled" means a child younger than 18 years of age, who is blind or disabled and meets the income and resource standards for SSP, per OKDHS Appendix C-1, Schedules VIII.A and D.

The SSP plan encompasses the requirements listed in (1) through (11) of this Section. (1) State-wide operation. The SSP plan is a state-administered program in effect in all Oklahoma counties. (2) Financing. The State of Oklahoma provides all funding for the SSP Program. (3) Single-state agency. The SSP Program is administered by Oklahoma Human Services (OKDHS) Adult and Family Services, in offices throughout the state. (4) Fair hearings. An SSP applicant or recipient adversely affected by an OKDHS decision is provided an opportunity for a fair hearing, per Section 168 of Title 56 of the Oklahoma Statutes (56 O.S § 168). Adverse effects may include, when the applicant or recipient: (A) is denied benefits or the application is not acted upon within 30-calendar days for persons categorically related to Aid to the Aged, or 60-calendar days for persons categorically related to Aid to the Blind or Disabled; (B) disagrees with the approved payment amount; or (C) disagrees with any action taken regarding his or her payment. (5) Proper and efficient administration. OKDHS operates under the State Merit System that establishes and maintains personnel standards on a merit basis for certain state agencies, including OKDHS, per 56 O.S § 26.17. (6) Safeguarding information. Per 56 O.S § 183 and Oklahoma Administrative Code (OAC) 340:1-1-20 and 340:65-1-2, OKDHS restricts the use or disclosure of information concerning SSP applicants and recipients to purposes directly connected with SSP program administration. (7) Right to apply. A person has the right to: (A) apply for SSP and any other benefit he or she chooses; (B) expect an eligibility investigation; and (C) expect a decision regarding the SSP application within 30-calendar days for persons categorically related to Aid to the Aged or 60-calendar days for persons categorically related to Aid to the Blind or Disabled. (8) Assistance under only one program. An eligible person's needs may be included in only one cash assistance benefit, either SSP or Temporary Assistance for Needy Families. (9) Standards for determining eligibility and payment amount. Refer to OAC 340 Chapters 15 and 65 for SSP eligibility determination rules and OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards for SSP payment amounts. (A) SSP standards are based on the mandatory "Pass-Along Provision" of Section 1618 of the Social Security Act (Section 1382g of Title 42 of the United States Code) that requires states to pass along cost of living adjustments (COLA) in Supplemental Security Income (SSI) benefits. OKDHS adjusts payment amounts during the calendar year, as needed, to maintain total SSP expenditures for SSP in a calendar year at the same level as the total expenditures in the previous year. (B) Maximum income and resource standards for persons who are 65 years of age and older, blind, or disabled are based on the federal benefit rates (FBR),per OKDHS Appendix C-1, Schedule VIII. (i) Countable income for SSP must be less than 100 percent of the FBR, plus the maximum SSP amount. (ii) Countable income must be equal to, or less than 300 percent of the FBR for certain persons who, since December, 1973: (I) were approved for care and continuously living in a licensed Title XIX nursing care facility, intermediate care facility (ICF), or ICF for individuals with intellectual disabilities (ICF-IID); (II) have continuously received Home and Community-Based Waiver Services for the intellectually disabled; or (III) were 65 years of age and older and have continuously resided in a mental hospital. (iii) Countable deemed income to a minor child with disabilities or who is blind must be less than 100 percent of the FBR. (iv) Maximum resources must be equal to, or less than 100 percent, of the SSI resource standards. (10) Income and resources. When determining need foran SSP, OKDHS considers the person's countable income and resources, per OAC 317:35-5-41 and 317:35-5-42, and federal and state law. (A) To determine income eligibility at application, the worker calculates the person's actual earned and unearned income received or expected to be received during the application month and compares it to the maximum income standard, per OKDHS Appendix C-1, Schedule VIII.A. (B) The worker only verifies an SSI recipient's income and resources when the recipient reports a change or the worker receives information indicating the person has income or resources not considered by the Social Security Administration at SSI approval or the most recent SSI review. (C) As an SSI Criteria state, Oklahoma is required to passively or auto renew the SSP and SoonerCare (Medicaid) eligibility of SSI recipients every 12 months without requiring them to provide any information when their case records contain reliable information or more current information is available to OKDHS, per Section 435.916 of Title 42 of the Code of Federal Regulations. (11) Civil rights. The SSP Program is administered,per provisions of Title VI of the Civil Rights Act.

(a) Eligibility for payment. Per Section 164 of Title 56 of the Oklahoma Statutes (O.S. 56 § 164), an individual is eligible for a SSP when he or she is, or would be, eligible for Supplemental Security Income (SSI) because of age or disability, is not ineligible per (b) of this Section, and meets all other eligibility conditions. (1) Required eligibility conditions include: (A) having countable income, including SSI, that is less than the SSP need standard,per Oklahoma Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule VIII.A; (B) meeting resource standards, per OKDHS Appendix C-1, Schedule D; and (C) taking all appropriate steps to obtain other benefits within 30-calendar days after he or she is notified of his or her potential eligibility. (2) The individual may: (A) be ineligible for SSI based on income; but have income less than the SSP maximum, per OKDHS Appendix C-1, Schedule VIII.A; (B) remain approved for care in a licensed Title XIX nursing care facility since December, 1973, and retain eligibility for a mandatory SSP. Refer to Appendix C-1, Schedule VIII.B., for the mandatory supplement standard; or (C) be a resident in the Oklahoma School for the Blind or the Oklahoma School for the Deaf. (b) Ineligible for payment. An individual is not eligible for SSP when he or she: (1) is a resident of a public facility operated by a government entity, such as a correctional, mental health, nursing care, or juvenile facility; (2) is a patient in a psychiatric facility or a psychiatric unit of an acute care hospital for more than 30-calendar days; (3) has countable income in excess of the SSP need standard, per OKDHS Appendix C-1, Schedule VIII.A; (4) has countable resources in excess of the SSP resource standard, per OKDHS Appendix C-1, Schedule VIII.D; (5) does not receive SSI because the applicant or the spouse disposed of resources for less than fair market value within 36 months of the application date, per Section 1382b(c) of Title 42 of the United States Code; (6) is not an Oklahoma resident; (7) does not meet citizenship or alien status requirements, per Oklahoma Administrative Code (OAC) 317:35-5-25 and 56 O.S. §71; (8) does not take all appropriate steps to obtain other benefits with 30-calendar days after being notified of his or her potential eligibility; or (9) is a child in OKDHS custody placed in out-of-home care paid for by OKDHS. (c) SSP payment amount. The SSP payment amount varies depending on the amount of other income the individual(s) receives. The maximum payment must not exceed the maximum payment shown on OKDHS Appendix C-1, Schedule VIII.A. for an individual. Payment may be authorized retroactively based on an appeal decision or to correct an administrative error. Payment may not be authorized retroactively when the client fails to report information affecting eligibility within 10-calendar days of the date the change occurs. Refer to OAC 340:65-3-6 for payment methods and issuance dates. (1) Eligible couple. Income eligibility is determined by comparing the couple's total countable income with the SSP standard for an eligible couple. When the couple's income is: (A) equal to or greater than the standard, the worker denies the application or closes the SSP benefit; or (B) less than the standard, the worker deducts the couple's income from the standard to compute the payment amount. The SSP for each member of the couple is one-half of the remainder. When the SSP cannot be divided equally, one member of the couple receives a higher SSP, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. (2) Eligible individual. The worker determines an individual's income eligibility by comparing his or her total countable income with the SSP standard for an eligible individual. When the individual's countable income is: (A) equal to or greater than the SSP standard, the worker denies the application or closes the SSP benefit; or (B) less than the SSP standard, the worker deducts the individual's total countable income from the standard to compute the payment amount, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. (3) Eligible individual with essential spouse. The worker determines the income eligibility for an individual with an essential spouse by comparing the total countable income of the couple with the SSP standard for the eligible individual with an essential or ineligible spouse. When the couple's countable income is: (A) equal to or greater than the standard, the worker denies the application or closes the SSP benefit; or (B) less than the standard, the worker deducts the couple's total countable income from the standard to compute the payment amount, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. (4) Eligible individual with ineligible spouse. The worker determines income eligibility for an individual with an ineligible spouse by comparing the total countable income of the individual with the SSP standard for the eligible individual. When the individual's countable income is: (A) equal to or greater than the SSP standard for the eligible individual, the worker denies the application or closes the SSP benefit; or (B) less than the SSP standard for the individual, the worker compares the total countable income of the couple with the SSP standard for an eligible individual with an essential or ineligible spouse. When the couple's total countable income is: (i) equal to or greater than the standard, the worker denies the application or closes the SSP benefit; or (ii) less than the standard, the worker deducts the total countable income of the couple from the SSP standard for an eligible individual with an essential or ineligible spouse to compute the payment amount, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. Exception: When the ineligible spouse is included in a Temporary Assistance for Needy Families (TANF) benefit, the worker deducts the individual's countable income from the SSP standard for the eligible individual and does not consider the spouse's income. (5) Eligible individual with ineligible spouse and dependent child(ren). The worker determines income eligibility for an individual with an ineligible spouse and dependent child(ren) by comparing the individual's total countable income with the SSP standard for an eligible individual. (A) When the individual's countable income is equal to or greater than the standard, the worker denies the application or closes the SSP benefit. (B) When the individual's countable income is less than the SSP standard for an eligible individual, the worker determines the spouse's countable income by following (i) through (v) of this paragraph. (i) When the spouse and dependent child(ren) are included in a TANF benefit, their income is considered for the TANF benefit and none is deemed to the eligible individual. The worker deducts the individual's total countable income from the SSP standard to compute the SSP benefit amount, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. (ii) When the spouse's needs are not included in the TANF benefit with the child(ren), the portion of the spouse's income considered in determining the child(ren)'s TANF benefit is not considered for the SSP benefit. (iii) When the dependent child(ren) does not receive TANF, the worker deducts the child(ren)'s allocation, minus the child(ren)'s income, from the spouse's income before determining the amount of the spouse's income to consider for the SSP benefit. Refer to OKDHS Appendix C-1, Schedule VIII.C for the child(ren)'s allocation amount. (iv) The individual's total countable income and the spouse's countable income after subtracting the amount considered for the dependent child(ren), is compared with the SSP standard for an eligible individual with an essential or ineligible spouse, per OKDHS Appendix C-1, Schedule VIII.A. When the countable income is: (I) equal to or greater than the SSP standard, the worker denies the application or closes the SSP benefit; or (II) less than the SSP standard, the worker deducts the countable income from the standard to compute the payment amount, subject to the maximum payment, per (OKDHS) Appendix C-1, Schedule VIII.A. (v) The dependent child(ren)'s income is never deemed to the adult. (6) Minor who is blind or disabled. The worker determines a minor's income eligibility by adding the child's income to the amount deemed from the child's parents and compares the total to the SSP standard for an eligible individual. When the countable income is: (A) equal to or greater than the standard, the worker denies the application or closes the SSP benefit; or (B) less than the standard, the worker deducts the total countable income from the SSP standard to compute the payment amount, subject to the maximum payment, per OKDHS Appendix C-1, Schedule VIII.A. (d) Concurrent receipt of more than one cash assistance payment. An individual must not be included in more than one SSP or TANF benefit for the same time period. (1) An individual meeting SSP eligibility requirements may receive SSP and be the payee for a TANF benefit when his or her needs are not included in the TANF cash assistance. (2) When a TANF recipient is transferred from TANF to SSP or an SSP recipient is transferred from Aid to the Disabled to Aid to the Aged or Blind, the effective date must be the same for the removal from one category and the beginning of payment from the other category. (e) Non-conditioning of payment. OKDHS does not restrict in any way how the client uses the assistance payment. (f) Application and renewal processing. Refer to OAC 340:65-3-1 for application processing rules and OAC 340:65-3-8 for renewal processing rules.

(a) Alms solicitation. Per Section 164 of Title 56 of the Oklahoma Statutes, a recipient of a State Supplemental Payment (SSP) for the blind must not solicit alms while receiving SSP. Soliciting alms means collecting donations for one's personal benefit, selling minor articles when selling is merely a subterfuge for collecting donations, and any similar activities. It does not include house-to-house sale of articles carried on as a regular established occupation. The client's statement regarding alms solicitation is sufficient verification when there are no facts to the contrary. (b) Minor child who is blind or disabled. To determine SSP eligibility for a child who is blind or disabled, the income and resources of the parent(s) with whom the child is living is considered unless the parent(s) is included in a SSP or Temporary Assistance for Needy Families (TANF) application or benefit. (1) Income deeming. When determining SSP eligibility for a child younger than 18 years of age who is blind or disabled, a natural or adoptive parent(s)', or step-parent's income must be deemed to the child. An ineligible child's income is not deemed to the eligible child who is blind or disabled. The parent(s)' income is not deemed when the eligible child resides in a nursing care facility. Refer to Oklahoma Administrative Code (OAC) 317:35-5-42(n) and (o) for deeming computation procedures. (2) Resource deeming. When a minor child, who is blind or disabled lives with his or her parent(s), the parent(s)' resources in excess of the resource standard, per Oklahoma Human Services OKDHS Appendix C-1, Schedule VIII.D, are deemed to the child unless the parent(s) receives Supplemental Security Income (SSI), SSP, or is included in a TANF cash assistance payment or the child resides in a nursing care facility. When there is more than one eligible child in the home, the parent(s)' excess resource amount is prorated between the eligible children. (3) When the child is ineligible for SSP. When a child with intellectual disabilities is ineligible for SSP due to deeming his or her parent(s)' income and/or resources, the child may be approved for SoonerCare (Medicaid) benefits under the Home and Community-Based Waiver (HCBW) Services, per OAC 317:35-9. When the child is not eligible for HCBW, the child may be eligible for SoonerCare (Medicaid) benefits under the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248), known as TEFRA, per OAC 317:35-5-4 and 317:35-7-36. (c) Age. (1) SSP age requirement for the aged. A person must be 65 years of age and older to meet the age requirement for SSP for Aid to the Aged. Eligibility is verified by the Social Security Administration or other records, such as a birth certificate, insurance policies, family records, or census records. (2) SSP age requirement for the blind. There is no age requirement to receive SSP for the blind. When a child who is blind is younger than 16 years of age, his or her age must be verified in order to establish the need for designating a parent or guardian as payee. (3) SSP age requirement for persons with disabilities. To be eligible for a SSP for the disabled, an applicant or recipient must be younger than 65 years of age. A parent or guardian must be designated as payee when a child who is disabled is younger than 16 years of age. (d) Fleeing felon. A fleeing felon is not eligible for a SSP. Per Section 1382(e)(4) of Title 42 of the United States Code, a fleeing felon is defined as a person who: (1) is fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed; (2) is violating a condition of probation or parole imposed under federal or state law; or (3) lost SSI benefits due to being a fleeing felon. (e) Overpayments. A client may incur an SSP overpayment for any month in which he or she receives an SSP after SSI benefits close and the client's income is above the SSP standard, per OKDHS Appendix C-1, Schedule VIII.A, or the client received a larger SSP than he or she was eligible to receive. The overpayment amount includes any premiums for Health Insurance Benefits paid by the Oklahoma Health Care Authority on behalf of an ineligible client. The Adult and Family Services Benefit Integrity and Recovery Unit establishes and collects overpayment claims, per OAC 340:65-9.

(a) Children and Youth with Special Health Care Needs (CYSHCN). Per Sections 504 and 1615 of the Social Security Act, Sections 704 and 1382d of Title 42 of the United States Code, and Section 175.5 of Title 10 of the Oklahoma Statutes, CYSHCN is a federally funded social services program for children with special health care needs and is supported by the Maternal and Child Health Services Title V Block Grant. (b) Eligibility. Any child from birth to 18 years of age may be eligible for CYSHCN services when the child receives a Supplemental Security Income (SSI) payment or has a special health care need. The Social Security Administration (SSA) establishes financial and medical eligibility for the SSI disability payment. When the child becomes 18 years of age, he or she is no longer eligible for CYSHCN services. The service provider and Health Related and Medical Services (HR&MS) staff considers many factors in deciding which services or equipment to approve including, but not limited to: (1) the child's needs; (2) the availability of other resources; (3) whether the child is in a stable or temporary living situation; (4) the cost of the service or equipment; and (5) the availability of funding. (c) Service plan. When the child does not have a current service plan with another program within Oklahoma Human Services (OKDHS) or another agency, such as early intervention services through SoonerStart or special education services through the local public school, HR&MS staff completes a service plan prior to providing services to the child. (1) The HR&MS staff interviews the parent, guardian, or caretaker by phone, in the office, or during a scheduled home visit to complete Form 08MA017E, CYSHCN Service Plan. The service plan is reviewed yearly. (2) Within OKDHS, the child may receive services from Child Welfare Services (CWS), Developmental Disabilities Services (DDS), or Aging Services (AS) for State Plan Personal Care. When a child is in OKDHS custody and OKDHS retains the child's SSI, the child's SSI is used to pay for needed services and equipment prior to accessing CYSHCN funds. When applicable, the provider collaborates with CWS or DDS to: (A) address the child's current and future social service needs; and (B) avoid duplicative services. (d) Services. CYSHCN provides funding for the services and equipment described in this subsection. The parent, guardian, or caretaker requests services and equipment through the provider. An Adult and Family Services (AFS) worker provides the provider's contact information when requested. A third-party service provider accepts the request for professional services and adaptive equipment, pre-approves services and equipment, and delivers any equipment or formula. Due to budget constraints, services are available as a temporary supplement on a short-term basis. (1) Formula. A health care professional provides a prescription naming the brand of formula the child needs for oral consumption. The parent, guardian, or caretaker must provide an updated prescription each year. (2) Professional services. Non-medical services aimed at strengthening the child physically or mentally; providing opportunities for social interaction; or assisting with mobility may be approved when recommended by an education or health care professional and the recommendation clearly defines the goals and objectives for the child. Examples of such services include, but are not limited to: (A) swimming; (B) horseback riding lessons; (C) sports activities; or (D) a health club membership. (3) Adaptive equipment. Equipment approved through CYSHCN is used to aid the child in accessibility or mobility. The parent, guardian, or caretaker provides a written recommendation from an education or health care professional with knowledge concerning the child's equipment needs. Service provider staff does not approve requests for equipment the child can obtain through other sources, such as SoonerCare (Medicaid) or through the child's school. Examples of adaptive equipment include, but are not limited to: (A) developmental aids; (B) portable ramps; (C) adaptive utensils; and (D) communication mechanisms. (e) Exclusions. Items or supplies not in the scope of CYSHCN are not approved. Examples of excluded items or supplies include, but are not limited to: (1) learning programs; (2) psychological programs; (3) books; (4) video or audio tapes; (5) paper, pencils, or art supplies; (6) computers, tablet computers, or computer software; (7) televisions; and (8) video games. (f) Respite Voucher Program. The Respite Voucher Program provides financial assistance in the form of vouchers to families to pay for respite care. When the family appears eligible for the Respite Voucher Program, the worker gives the client Form 08RV001E, Respite Voucher Application for Children and Youth With Special Health Care Needs, to complete. AFS HR&MS determines eligibility for this Respite Voucher. When funding is not available, the worker advises the family to call a designated number to request a respite voucher application from Sooner SUCCESS for the Lifespan Respite Grant Voucher Program. CYSHCN, other OKDHS programs, and certain public and private agencies provide funding to the Respite Voucher Program. (1) The caregiver is the person who provides ongoing care for the child. He or she may be a parent, grandparent, other relative, or non-relative. (2) When respite care is approved the respite provider must be at least 18 years of age. Respite care is not: (A) designed to pay for ongoing care, such as child care, therapy, in-home assistance, housekeeping, or home health services; and (B) provided by a member of the child's household. (g) Phenylketonuria (PKU). Persons younger than 21 years of age who are diagnosed with the genetic disorder PKU may receive assistance for specialized formula supplements through CYSHCN funds when they do not qualify for SoonerCare (Medicaid). SoonerCare (Medicaid) recipients are automatically entitled to access the supplements through their SoonerCare (Medicaid) coverage. The AFS worker establishes eligibility. (h) CYSHCN notices. When a CYSHCN request is denied, the service provider notifies AFS HR&MS staff of the denial. HR&MS staff sends Form 08MP038E, Client Notice of Action Taken, to inform the child's parent, guardian, or caretaker the item is not approved for purchase through CYSHCN funding. The family may request a fair hearing by completing Form 13MP001E, Request for a Fair Hearing, within 30-calendar days from the issuance date of Form 08MP038E.

(a) Purpose. The purpose of this Chapter is to describe the rules governing the Oklahoma Human Services (OKDHS) Child Care Subsidy Program. (b) Legal basis. The legal basis for the Child Care Subsidy Program is granted under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193, the Child Care and Development Block Grant Act of 2014, P.L. 113-186, the Balanced Budget Act of 1997, P. L. 105-33, and Parts 98 and 99 of Title 45 of the Code of Federal Regulations. The Child Care Subsidy Program also receives funding from Title XX of the Social Security Act. (c) State Plan. OKDHS administers the Child Care Subsidy State Plan. OKDHS Child Care Services is responsible for directly administering and implementing all programs funded by the Child Care and Development Fund in collaboration with Adult and Family Services, Financial Services, and the Office of the Inspector General.

(a) Complaints. All household complaints or complaints made by others on a household's behalf about program rules application are handled, per Oklahoma Administrative Code (OAC) 340:2-5, which describes hearing procedures. The Oklahoma Human Services (OKDHS) Office of the Inspector General, Investigations Unit investigates alleged program abuses using procedures,per OAC 340:2-7. Complaints alleging lack of adequate child care by a child care provider are referred to the local licensing representative responsible for the facility in question. (b) Information disclosure. The use or disclosure of information concerning applicants or recipients of Child Care Subsidy program benefits is restricted to purposes directly connected with program administration, per federal and state laws and OKDHS rules and regulations.

(a) Strengthen the family and promote early childhood development. Subsidized child care is a benefit provided for children as a means to strengthen the family and promote early childhood development. Providing safe and affordable child care benefits for low income families: (1) enables parents or caretakers to participate in employment, training, or education-related activities to become more self-supporting; (2) promotes early childhood development and school readiness through rules that support continuity of care and stability of child care placement; and (3) helps prevent neglect, abuse, or exploitation of children in certain critical situations. (b) Promote choice. Parents or caretakers can choose between a licensed and contracted child care center or family child care home, or a contracted in-home child care provider when deciding on the type of child care that best meets the family's needs. (c) Provide consumer education. The Child Care Subsidy Program encourages parents and caretakers to become educated on choosing a provider that best suits the needs of their families through online resources at www.okdhs.org and through the local Child Care Resource and Referral agency. (d) Achieve independence. Affordable, quality child care is a necessary work support to help move families receiving Temporary Assistance to Needy Families (TANF) families cash assistance to self-support through employment or TANF Work activities. (e) Encourage collaboration. The Child Care Subsidy Program encourages collaboration with all agencies and programs that help to strengthen families and increase resources available to them.

(a) Application process. The application process for subsidized child care benefits begins with a request for benefits and ends with an eligibility determination. Application approval is subject to available funding. Subsidized child care benefits are synchronized with the applicant's food benefits or SoonerCare (Medicaid) benefits, per Oklahoma Administrative Code (OAC) 340:40-9-1(f). Child Welfare Services or Adult and Family Services (AFS) staff processes the application. (1) When an application is required. An application is required when: (A) an applicant initially applies for subsidized child care benefits. Refer to (c)(2) of this Section when an application is denied; (B) the client's subsidized child care benefits are closed for more than 30-calendar days; (C) the payee for the subsidized child care benefits changes; or (D) the family income was not considered, per OAC 340:40-7-12(6), and one or more of the affected adopted children turns 6 years of age, unless the child can be added to an open income eligible case, per OAC 340:40-9-2(d). (2) Who may apply. An applicant or the applicant's authorized representative may apply for subsidized child care benefits. When an authorized representative applies on an applicant's behalf, the representative must bring Form 08MP008E, Authorized Representative Request or a statement the applicant signs giving the representative permission to act on the applicant's behalf, unless the applicant designated the person as the authorized representative on the signed application. (A) When the natural or adoptive parent or stepparent lives with the child, the parent is the applicant, and Oklahoma Human Services (OKDHS) bases eligibility on the parent's situation regardless of whether the parent has custody of the child. (B) When both the natural and adoptive parent of the child live in the same household and the adoption is final, the adoptive parent is the applicant, and OKDHS bases eligibility on the adoptive parent's situation. (C) When the natural or adoptive parent or stepparent is not in the home, the person acting in the role of the parent, referred to as the caretaker, is the applicant. The caretaker may or may not be related to the child. (D) When the child's parent is a minor, either the minor parent or the responsible adult the minor lives with may be considered the applicant for the subsidized child care benefits. Eligibility is based on the minor parent's situation. (E) When the natural or adoptive parent lives in the home but is too incapacitated to apply, another person living in the home may apply on the parent's behalf when the person provides proof of the parent's inability to apply. (3) Application. An applicant or the applicant's authorized representative completes and signs an application to apply for subsidized child care benefits. When the applicant requests child care for a child with disabilities, the worker gives Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers, to the applicant. (4) Request date. The request date, known as the application date for other AFS programs, is the date the applicant requests subsidized child care benefits verbally or in writing. (5) Certification date. The certification date is the date the applicant or the applicant's authorized representative completes the child care interview and provides all necessary verification to the county office, including the name of the child care provider the client chooses to use. (A) The provider must have a valid OKDHS child care provider contract. (B) Refer to OAC 340:40-5-1(7) for reasons an applicant may not choose certain child care providers. (C) For applicants choosing an in-home provider, refer to OAC 340:40-13-1 and 340:40-13-2. (6) Child care interview. Child care interviews may be completed face-to-face or over the phone with the applicant or authorized representative. (7) Explanation of eligibility factors. At the time of an initial interview, the worker informs the applicant or authorized representative of: (A) the rights and responsibilities; (B) all eligibility factors, including the requirement that the chosen child care provider be contracted with OKDHS; (C) the child care plan and reason child care may be approved based on the applicant's statements at interview; (D) the applicant's electronic benefit transfer (EBT) responsibilities including viewing the client training video; (E) the earliest date child care may be approved; (F) the requirement to cooperate with the OKDHS Office of Inspector General during any audit or investigation of the applicant or the provider the applicant uses for child care; and (G) the requirement to report within 10-calendar days when household income exceeds the income eligibility threshold per OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. At certification and renewal, a computer-generated notice issues to inform the client of the current income eligibility threshold for family size. (8) Timeliness. To be timely, the worker must determine eligibility within two-business days of receiving all necessary verification to certify or deny the application. (A) When the applicant does not provide requested verification, the worker denies the request within 30-calendar days of the request date. (B) When eligibility is not determined within 30-calendar days, the worker sends Form 08MP038E, Client Notice of Action Taken, explaining the reason for delay. (9) Right to appeal. The applicant has the right to appeal an application processing delay or eligibility decision, per OAC 340:2-5-60 through 340:2-5-81. (b) Presumptive eligibility processing. The worker may presumptively approve a maximum of 30-calendar days of child care prior to making a complete eligibility determination when a reason described in (1) of this subsection applies. (1) Reasons include when the applicant: (A) is in danger of losing a job or cannot start a new job unless child care is immediately approved. In this circumstance, it must be out of the applicant's control to provide required verification and the applicant does not have the money to pay toward the cost of child care; (B) is employed but has not received pay from the job and is not guaranteed a wage because the applicant is self-employed or works on a commission-only basis. Further care is not approved until the applicant provides proof of the applicant's earnings from the job; or (C) requests protective or preventive child care, per OAC 340:40-7-8(f). (2) The worker gives or sends the applicant Form 08AD092E, Client Contact and Information Request, to inform the applicant what the applicant needs to provide before further care is approved. (c) Eligibility determination. The worker determines the applicant's eligibility to receive child care subsidy benefits based on eligibility conditions, per OAC 340:40-7. The applicant must meet a need factor within 30-calendar days of the request date. After calculating family income, the worker uses OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart, to determine if the household meets the income eligibility threshold. Refer to OAC 340:40-5-1(8) and 340:40-7-10 through 340:40-7-13 for information regarding income determination. (1) Applicant determined eligible. The earliest date the worker approves subsidized child care benefits is the date the applicant completes the child care interview and provides all necessary verification to determine eligibility. The worker certifies the applicant for a 12-month eligibility period, per Section 98.21 of Title 45 of the Code of Federal Regulations. The applicant is responsible for child care used before the certification date. (A) The applicant or recipient records attendance with his or her EBT card through a point-of-service machine or through the mobile app at the child care facility. (B) OKDHS does not pay for care for any day the child attends child care when the client fails to record attendance, unless extenuating circumstances exist beyond the client's or provider's control. (C) When the applicant or recipient fails to record attendance, the applicant is responsible for any care provided that day and may be responsible for any missed absent-day payment the child care provider would have received if all days the child attended were recorded. (2) Applicant determined ineligible. The worker denies the child care request or application when the applicant completes the application process and is determined ineligible, does not provide needed verification, or fails to cooperate in determining eligibility. (A) When the applicant is determined ineligible after completing the application process and providing necessary verification, a new application is required regardless of the original request date. (B) When the worker denies the child care request because the applicant did not provide required verification, including choice of provider, a new application is not needed when the applicant completes the application process and provides necessary verification within 60-calendar days of the original request date. (C) When the worker denies the child care request because the applicant fails to cooperate in determining eligibility, a new application is not required if the applicant cooperates within 30-calendar days of the original request date.

Providing child care is part of an overall service plan designed to help eligible parents or caretakers to achieve their maximum self-support potential. Quality child care services ensure that eligible parents or caretakers have access to adequate care that affords their children developmental and learning experiences while they are engaged in self-support activities. The child care plan consists of many components that link to form a goal-directed child care plan as described in (1) through (11) of this Section. (1) Child characteristics. The worker gathers information about the child who needs child care, including his or her name, age, grade level, and if the child has a disability. (2) Need for child care. The worker determines if the parent or caretaker meets a need factor, per Oklahoma Administrative Code (OAC) 340:40-7-7 and 340:40-7-8. (3) Plan hours. To document the need factor, the worker gathers information from the parent or caretaker about the days and hours he or she qualifies for child care, including travel time. (A) When there are two parents or caretakers in the home, the worker only approves subsidized child care benefits when both parents or caretakers meet a need factor during the same hours, per OAC 340:40-7-7 and 340:40-7-8. (B) Based on the days and hours the child requires care, the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, weekly, or a blended unit type. (C) Refer to OAC 340:40-7-7(e) for plan hours concerning a child attending an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP). (D) The worker does not decrease the child care plan hours because the client no longer meets a need factor or has a decreased need for child care between renewal periods, per Section 98.21(a) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 98.21) and OAC 340:40-9-2(b). (4) Alternative to subsidized child care benefits. The worker and client explore whether there is an appropriate, feasible alternative to Oklahoma Human Services (OKDHS) subsidized child care benefits. (A) When the alternative is a spouse or the child's natural or adoptive parent who lives in the home, the client must use the alternative rather than subsidized child care benefits. (B) When the alternative is someone other than a spouse or the child's parent or caretaker, the client may choose whether to use the alternative. (5) Plan to increase income. At each application or renewal, the client and worker explore ways the client may become more self-supporting by increasing household income. Increasing household income may include pursuing a work promotion, searching for a higher paying job, or increasing job skills. The client is also instructed to pursue any identified potential income, per OAC 340:40-7-9. (6) Back up plan. The worker and client discuss and develop a backup plan for child care when the child cannot go to the usual provider because of illness, school holidays, or other emergencies. The backup plan includes the name and address of a person the client feels he or she can rely on when the normal child care plan cannot be used. (7) Provider Choice. The worker documents the provider choice on the application or renewal form. (A) When the client does not choose a provider at the time of request, the worker provides the client with information to help in making the choice. (B) The client may choose a family child care home regardless of star status. (C) The client may choose a Community Hope Center that is not subject to the Stars quality rating system. (D) The client may not choose a child care: (i) program that does not have a valid contract with OKDHS; (ii) program in which the client or his or her spouse, including the child's parent or stepparent, has an ownership interest; (iii) home in which the child resides; (iv) home in which the client also works during the hours his or her child is in care; (v) provider who does not allow parental access during the hours the provider is caring for children; (vi) program receiving state or federal funds, such as Head Start, Early Head Start, or public schools, and not charging all parents for the hours subsidy payment is requested. EHS-CCP grant programs and OECPs are exempt from this rule; (vii) provider caring for a school-age child during the regular school day when the student could be attending a public or private school during those hours; (viii) center, when it is a one-star facility, unless there are no centers with a higher star status in the community or special exception criteria are met. Special exception criteria are: (I) the child was approved for care prior to the provider's star status being reduced to one star. The child may remain at the facility unless the child stops attending there for more than 30-calendar days. The child may be approved at the same facility again when the only reason the child did not attend for more than 30-calendar days was because of a school break or circumstances beyond the family's control, such as the child's illness; (II) care is requested for a child living in the same home as a child already approved for care, per (7)(C)(viii)(I) of this subsection for the same one star child care provider; or (III) the parent or caretaker demonstrates there is no other child care option that meets the family's needs; or (ix) in-home provider who is not related to the child. Per OAC 340:40-13-2, related means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home. (8) Income determination. Per OAC 340:40-7, the worker determines who is considered part of the household for income determination and what income is countable or excluded. The household's countable income must not exceed the income eligibility threshold, per OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. (9) Family share copayment. The worker refers to OKDHS Appendix C-4 to determine the family share copayment for each family. The family share copayment is applied before OKDHS pays a child care subsidy. 17 The family's copayment cost varies based on family size and income. (A) The family share copayment is determined at approval and may not be increased until renewal, per 45 C.F.R. § 98.21(a)(3). When the worker anticipates changes in household income at approval, such as when the client starts a new job and does not receive a full month's pay for the application month, the worker increases household income and the family share copayment for the next month in the certification action. All family share copayment changes made at certification are included in the approval notice(s). (B) When household income decreases during the eligibility period, the worker decreases the family share copayment, when applicable, per OAC 340:40-9-2(c). Following a decrease, the copayment is not increased until renewal unless the household income exceeds the income eligibility threshold, per OKDHS Appendix C-4. (C) At renewal, when the family's income exceeds the income eligibility threshold, per OKDHS Appendix C-4, the worker closes the child care benefits. (10) Social services requests. When a client requests help in meeting the social services needs listed on the application or renewal, the worker provides all available information to aid a client in meeting these needs. (11) Client rights and responsibilities. The worker informs the client of his or her rights and responsibilities per (A) through (G) of this paragraph. (A) A child care request is only approved back to the request date when the interview is conducted and verification is provided on the request date. (B) The client has the right to ask for a fair hearing when the client disagrees with an action taken on his or her case, per OAC 340:2-5. (C) The provider may charge the client for special fees, such as enrollment or transportation fees, provided these fees are posted and also charged to families attending the facility who do not receive subsidized child care. (D) The provider may charge the client for care provided in excess of the OKDHS-approved child care plan when the client chooses to leave the child in care longer. When the provider requires all children in the facility to begin care by a certain time of day and the client's child care plan hours start later, the provider must not charge the client for the additional hours. The client records attendance based on the child care plan hours. (E) The provider may charge the client for any days OKDHS refuses to pay for care because the: (i) client did not record attendance for the correct days and times his or her child attended child care; (ii) payment for attendance was denied and the client did not resolve the problem within 10-calendar days; or (iii) provider lost the absent-day payment for a child approved for a weekly unit type because the client did not record correct attendance for every day the child attended that month. (F) The provider may not charge the client for days: (i) and hours covered in the child care plan when all attendance was correctly recorded, even when the hours are more than customary for a full-time day; and (ii) the child is not in attendance. (G) The client is required to cooperate with the OKDHS Office of Inspector General in any audit or investigation of possible overpayments by the client or the client's chosen provider.

A person may be predetermined eligible for a child care benefit, determined income eligible based on the gross income of the household, or have dual eligibility with his or her tribe. (1) Predetermined eligible. A person is predetermined eligible for a child care benefit with a zero copayment when he or she is a recipient of public assistance or Supplemental Security Income (SSI). Public assistance is defined as a State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF) that includes Supported Permanency, or Refugee Resettlement Program (RRP) cash assistance. (A) TANF recipients who work and are eligible for a child care benefit may choose to receive a child care benefit through the Oklahoma Department of Human Services (DHS) or pay for the child care themselves. When they choose to pay for the child care cost, it is considered as an earned income exemption for the TANF benefit per Oklahoma Administrative Code 340:10-3-33. (B) A person receiving public assistance or SSI is not predetermined eligible for a zero copayment when the recipient is a child and the parent or guardian requesting the benefit for the child is not the payee on the public assistance or SSI payment. (2) Income eligible. Households not predetermined eligible for a child care benefit must meet the income eligibility threshold for their family size, per DHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to receive assistance with child care costs. (3) Transitional child care. Per Section 230.61 of Title 56 of the Oklahoma Statutes, a TANF recipient who becomes employed is eligible for transitional child care benefits for 24 months following the date of employment as long as he or she meets the income eligibility threshold, per DHS Appendix C-4, for his or her family size unless the: (A) employer provides child care benefits; or (B) recipient's gross monthly earned income exceeds the monthly allowance of assistance pursuant to the TANF program plus the cost of child care and medical insurance to which the recipient would be entitled. (4) Dual eligibility. A person may have dual eligibility to receive child care assistance through the DHS Child Care Subsidy Program and his or her tribe. However, the child care provider may not receive payment for the same service from both programs simultaneously.

(a) A child is eligible for subsidized child care benefits through the day before he or she turns 13 years of age. When a child turns 13 years of age during an eligibility period, the child remains eligible until the next renewal. (b) A child with disabilities may be eligible to receive subsidized child care benefits through the day before he or she turns 19 years of age. When a child with disabilities turns 19 years of age during an eligibility period, the child remains eligible until the next renewal. (1) A child with disabilities is defined at Oklahoma Administrative Code (OAC) 340:40-7-3.1. (2) When a child with disabilities is 13 years of age or older, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually at review. If the licensed health care professional states that the child is capable of self-care as age appropriate, care is not approved. (c) A child under court supervision may be eligible to receive subsidized child care benefits through the day before the child turns 19 years of age. When a child under court supervision turns 19 years of age during an eligibility period, the child remains eligible until the next renewal. When the child is 13 years of age or older, the client must provide a copy of the court order, a statement from the child welfare specialist, or the Office of Juvenile Affairs (OJA) worker verifying this before care is approved and annually at renewal.

(a) Child with disabilities. A child with disabilities is defined as a child who receives Supplemental Security Income (SSI), SoonerStart early intervention services documented on an Individualized Family Service Plan (IFSP), or special education services documented on an Individualized Education Program (IEP), by the child's local school district. This definition also includes a child whose SSI payment stops because of financial reasons, but who still meets the medical definition of disability as determined by the Social Security Administration (SSA). (1) When a child with disabilities is 13 through 18 years of age, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually thereafter. (2) When the licensed health care professional states the child is capable of self-care as age appropriate, subsidized child care benefits are not approved. (b) Special needs rate approval process. The special needs rate, if approved, is paid in addition to the rate paid for a typical child. When a child does not meet the definition of a child with disabilities, the child is not approved for a special needs rate. A child with disabilities may be approved for a moderate or severe special needs rate unit type after the special needs rate approval process is completed. When the worker determines the child is eligible for subsidized child care benefits before the special needs rate approval process is completed, the worker approves the child for a typical child unit type. The special needs process includes steps described in (1) through (5) of this subsection. (1) The parent or caretaker must provide proof the child meets the definition of a child with disabilities and information about the child's care needs. Proof is required prior to approval of the special needs rate and annually thereafter. (A) For a child under 3 years of age, the parent or caretaker submits the child's current IFSP. The IFSP verifies the child receives SoonerStart services and documents the child's care needs. (B) For a child over 3 years of age, the parent or caretaker submits the child's current IEP. The IEP verifies the child receives special education services and documents the child's care needs. (C) When the child receives SSI, the parent or caretaker submits the child's award letter or other proof from SSA that verifies SSI receipt. When the child does not receive SoonerStart or special education services, the parent or caretaker submits a statement from a health professional describing the child's care needs. (2) The parent or guardian, child care provider, Child Care Services (CCS) licensing staff, and the Adult and Family Services (AFS) Child Care Subsidy staff completes the appropriate sections of Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers. Determination of special needs certification requirements are made by the: (A) AFS Child Care Subsidy staff for the child; and (B) the CCS licensing specialist for the provider. (3) AFS Child Care Subsidy staff uses Form 08AD007E, Scoring Sheet for Special Needs Rate Determination, to score the 08AD006E. The child's care needs must be within the scoring range shown on Form 08AD007E for moderate or high need to qualify for a special needs rate. (4) When the child and the provider meet certification requirements for the special needs rate, the rate is effective the first of the month following the month AFS Child Care Subsidy staff signs Form 08AD006E. When the child does not start child care until after the special needs rate is approved, the rate is effective the first date care is approved. (5) Once the child is approved for one of the special need rates, a new Form 08AD006E is required when: (A) the child's needs change; (B) the child moves to a different child care facility; (C) the child stops attending the facility that was approved for the special needs rate unit type for more than six months; or (D) CCS licensing staff withdraws the provider's special needs certification per Oklahoma Administrative Code (OAC) 340:110-1-9.1 and the provider subsequently demonstrates compliance. (c) Supplemental Security Income-Disabled Children's Program (SSI-DCP). A child between birth to 18 years of age receiving SSI may be eligible for additional services per OAC 340:70-8-1 and enrichment child care per OAC 340:40-7-8(f).

(a) Identity. The identity of the person making application for child care services must be verified. When an authorized representative applies on behalf of a household, the worker verifies the identity of both the authorized representative and the applicant. Identity may be verified through readily available documentary evidence, or if evidence is unavailable, through a collateral contact. Any documents that reasonably establish the applicant's identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed. Examples of acceptable documentary evidence that the applicant may provide include, but are not limited to: (1) a driver license; (2) a work or school identification (ID); (3) an ID for health benefits or for other assistance or social service program; (4) a voter registration card; (5) wage stubs; or (6) a birth certificate. (b) Social Security number (SSN). The client is not required to provide a SSN for any member of the household in order to receive subsidized child care benefits.

(a) Household resources must not exceed $1,000,000 for subsidized child care, per Section 658P(4) of the Child Care and Development Block Grant Act of 2014, Public Law 113-186 (P.L. 113-186). Resources include, but are not limited to: (1) liquid resources, such as cash; (2) financial institution account balances; (3) certificates of deposit; (4) stocks; (5) bonds; and (6) real property other than home property. (b) A parent or caretaker's statement that he or she lives in Oklahoma meets the residence requirement for child care. (c) Only the child for whom child care is requested must meet the citizenship and alienage requirements. (1) A child eligible to be included in a child care benefit must be a: (A) citizen or a national of the United States (U.S.), including the 50 states, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and Northern Mariana Islands. The child may be a citizen of the U.S. by being born in the U.S. or by being born in some other country but moving to the U.S. and being granted U.S. citizenship through the U.S. Citizenship and Immigration Services (USCIS), a bureau of the Department of Homeland Security; or (B) qualified alien: (i) who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); (ii) who is paroled into the U.S., per Section 212(d)(5) of INA, 8 United States Code (U.S.C.) 1182, for a period of at least one year; (iii) who is granted conditional entry, per Section 203(a)(7) of INA, 8 U.S.C. 1153, as in effect prior to April 1, 1980; (iv) who is granted asylum, per Section 208 of INA; (v) who is admitted to the U.S. as a refugee, per Section 207 of INA, 8 U.S.C. 1157; (vi) whose deportation is withheld, per Section 241(b)(3) of INA; (vii) who is a Cuban or Haitian entrant, per Section 501(e) of the Refugee Education Assistance Act of 1980; (viii) who was battered or whose parent or caretaker was battered, per Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act as amended, per 8 U.S.C.1641(c); (ix) who was a victim or whose parent or caretaker was a victim of a severe form of trafficking, per Section 107(b) of the Trafficking Victims Protection Act of 2000 that was reauthorized and amended, per Trafficking Victim's Protection Reauthorization Act of 2003; (x) who is an Afghan non-special immigrant parolee, known as a humanitarian parolee, per the Afghanistan Supplemental Appropriations Act 2022 enacted on September 30, 2021, Section 2502 of P.L. 117-43, as modified by Section 106(3) and 149(a) of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023, P. L. 117-180, paroled into the U.S. between July 31, 2021 and December 16, 2022, and meets all other factors of eligibility from October 1, 2021 until March 31, 2023, or the term of parole, whichever is longer; or (xi) who is a Ukrainian citizen or national or person who last habitually resided in Ukraine and received parole per Section 401 of the Additional Ukraine Supplemental Appropriations Act of 2022, P.L. 117-128. The parole must occur between February 24, 2022, and September 30, 2023; if after September 30, 2023, the parolee must be the child of a Ukrainian parolee who was paroled between February 24, 2022 and September 30, 2023. (2) A declaration of citizenship and alien status is required for all children included in the child care benefit. This requirement is met when an adult member of the household completes and signs the application or renewal attesting to the citizenship and alien status for all children included in the benefit. Refer to Oklahoma Administrative Code (OAC) 340:65-3-1(g) for additional citizenship requirements for persons 14 years of age and older, per Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes. (3) The worker must verify the alien status of an alien child through the United States Citizenship and Immigration Services (USCIS) Systematic Alien Verification for Entitlements (SAVE). When SAVE indicates that the child's alien status documents must be submitted to the USCIS, the worker must not delay, deny, close, or reduce benefits to an alien pending USCIS verification of submitted documentation.

(a) Definition of household composition terms. The worker uses the definitions of household composition terms listed in (1) through (8) of this subsection when determining who is part of the household for income consideration. (1) An adult is an emancipated minor or person 18 years of age and older. A child who is a parent is an adult. (2) A spouse is a person married by ceremony or common-law to another person. They may live together or separately. When they live separately, they are not part of the household unless the separation is temporary or involuntary. (3) A stepparent is a person who is or was a spouse to the child's parent. (4) A caretaker is an adult who lives with, and acts in the role of a parent to the child applying for or receiving subsidized child care benefits. The caretaker may or may not be: (A) related to the child by blood, adoption, or marriage; or (B) legally and financially responsible for the child. (5) The term legally and financially responsible adult is defined as a parent or stepparent of the child who needs child care. The term also includes other caretaker adults who are court-ordered to be legally and financially responsible for the child. This rule does not apply to permanent guardianships established through Oklahoma Human Services (OKDHS) Child Welfare Services. (6) A child is any unmarried, non-emancipated, non-parental person younger than 18 years of age. (7) A child who marries or voluntarily leaves the parental home for any reason other than to attend school or receive medical care, and establishes independent living arrangements is emancipated and treated as an adult. When a child is emancipated, the emancipation is permanent. (8) A sibling is a minor child who has at least one parent in common with another child in the same household. A sibling may also include a step-brother or step-sister. (b) Household composition and income consideration. To establish a child's eligibility for subsidized child care benefits, it is necessary to define who is part of household composition for income consideration. All persons whose income is counted in determining the income eligibility threshold and family share copayment amount are included in family size on the OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. Persons whose income is considered in determining eligibility are the: (1) natural, adoptive, or stepparent living in the home with the child who needs child care; (2) caretaker(s) of the minor child needing child care when the caretaker is legally and financially responsible for the child; and (3) child needing child care and the child's siblings younger than 18 years of age living in the home. (c) Temporary absence of a household member. (1) When a household member is out of the home due to a temporary absence and intends to return to the home, the person is included in the household composition for income consideration . Any parent or caretaker who remains in the home must meet a need factor, per Oklahoma Administrative Code (OAC) 340:40-7-8. Temporary absences may include, but are not limited to: (A) hospitalization for physical or mental health reasons; (B) incarceration; (C) attending school; (D) military service; (E) working or training away from home; (F) looking for a job away from home; and (G) vacation time for a child. When a child goes to stay with: (i) someone other than a natural or adoptive parent for a vacation, household composition, income, and need is based on the usual home situation. The person the child is staying with must also meet the need factor for child care; or (ii) a non-custodial natural or adoptive parent, the non-custodial parent must apply and qualify for subsidized child care benefits based on the non-custodial parent's own household's eligibility for the visitation time frame. (2) When a child lives with each parent for part of the month, refer to (d) of this Section. (3) When a child lives with a parent for part of the month and a caretaker for the rest of the month, the child's eligibility is based on the parent meeting the eligibility factors, per OAC 340:40-7. The caretaker must also meet a need factor during the time the caretaker has physical custody of the child, per OAC 340:40-7-7. (d) Joint or shared custody. When parents separate or divorce and have joint or shared custody of their child and one or both need child care, each parent applies separately for subsidized child care benefits. (1) Joint or shared custody may be voluntary or court-ordered. (2) The worker determines each parent's eligibility separately. This includes a separate income and need for child care determination. (3) When only one parent qualifies for subsidized child care benefits, the worker only approves child care for the days the qualifying parent meets a need factor for child care and has physical custody of the child. (4) When both parents qualify for subsidized child care benefits, the worker approves each parent only for the days and hours the parent meets a need factor for child care and has physical custody of the child.

(a) Establishing the need factor. In order for children to be cared for in a safe environment while the parent or caretaker participates in an approved activity or for protective or preventive reasons, Oklahoma Human Services (OKDHS) provides subsidized child care benefits. (1) The worker arranges to obtain need factor documentation from the client or collateral sources. (2) The worker and client negotiate the amount of travel time allowed for an activity based on what is a reasonable length of time. (3) The worker does not approve child care for the hours the child attends public or private school, Head Start, or an Early Head Start program. An Early Head Start-Child Care Partnership (EHS-CCP) grant program and an Oklahoma Early Childhood Program (OECP) is exempt from this rule. (b) Need factor for single parent or caretaker families. The need for subsidized child care is met when the: (1) parent or caretaker is employed, per Oklahoma Administrative Code (OAC) 340:40-7-8(a); (2) parent or caretaker needs sleep time during the day after working night hours when a feasible alternative is used at no cost to OKDHS during the night working hours, per OAC 340:40-7-8(a)(5); (3) parent or caretaker attends a training or formal education program designed to lead to employment, per OAC 340:40-7-8(b) and (c); (4) parent or caretaker attends high school, high school equivalency classes, literacy, adult basic education (ABE), or English as a Second Language (ESL) classes, per OAC 340:40-7-8(c); (5) parent or caretaker participates in Supplemental Nutrition Assistance Program (SNAP) Education and Training (E&T) activities, per OAC 340-7-8(d); (6) parent or caretaker participates in an approved Temporary Assistance for Needy Families (TANF) Work activity, per OAC 340:10-2-1; (7) child needs care or supervision for part of the day as a protective or preventive service, per OAC 340:40-7-8(f); (8) child receives Supplemental Security Income (SSI) and needs care for enrichment purposes, per OAC 340:40-7-8(g); or (9) parent or caretaker needs child care to search for employment, per OAC 340:40-7-8(a)(6). (c) Need factor for two-parent or two-caretaker families. Two-parent or two-caretaker families include two natural or adoptive parents, the natural parent and a stepparent, two grandparents, other relative married couples, or other non-relative married couples. When an unmarried couple applies, only the natural or adoptive parent must meet a need factor. The need for subsidized child care is met when: (1) both parents or caretakers work during the same hours they request child care, per OAC 340:40-7-8(a); (2) one or both parents or caretakers need sleep time during the day after working night hours when a feasible alternative is used at no cost to OKDHS during the night working hours, per OAC 340:40-7-8(a)(5). When both parents do not work night hours, one parent must work during the other parent's sleep time hours; (3) one parent or caretaker attends a formal education or training program, per OAC 340:40-7-8(b) or (c) during the same hours the other parent or caretaker works, per OAC 340:40-7-8(a); (4) both parents or caretakers attend high school, per OAC 340:40-7-8(c); (5) one parent or caretaker attends high school during the same hours the other parent or caretaker works or attends a formal education or post high school training program, per OAC 340:40-7-8(a) through (c); (6) one parent or caretaker attends high school equivalency classes, literacy, ABE, or ESL classes, per OAC 340:40-7-8(c)(2) or (3) during the same hours the other parent or caretaker works, per OAC 340:40-7-8(a); (7) one or both parents or caretakers participates in SNAP E&T activities per OAC 340-7-8(d). When one parent or caretaker is not participating in SNAP E&T activities, he or she must meet a need factor during the same hours, per OAC 340:40-7-8; (8) one or both parents or caretakers participate in approved TANF Work activities, per OAC 340:10-2-1. When one parent or caretaker is not participating in TANF Work activities, that parent must meet a need factor, per OAC 340:40-7-8 during the same hours; (9) the child needs care or supervision for part of the day as a protective or preventive service, per OAC 340:40-7-8(f); (10) the child receives SSI and needs care for enrichment purposes, per OAC 340:40-7-8(g); (11) one parent or caretaker is incarcerated and the other parent remains in the home. In this instance, the parent remaining in the home is treated as a single parent; or (12) one or both parents or caretakers need child care to search for employment, per OAC 340:40-7-8(a)(6). (d) Need factor in joint custody cases. When parents are separated or divorced and share custody of their child, voluntarily or through a court order, each parent's income and need for child care is considered separately. (e) Need factor for a child attending an EHS-CCP grant program or an OECP. A child attending an EHS-CC Partnership grant program or an OECP may be approved for a weekly unit type when the parent or caretaker qualifies for Child Care Subsidy and meets a need factor, per (b) or (c) of this Section for some of the EHS-CC Partnership grant program or OECP care hours. (f) Activities that do not meet the need factor for child care. The need factor for child care is not met and child care must not be approved for: (1) job search for more than one three-month period every 12 months, per OAC 340:40-7-8(a)(6), unless the parent(s) or caretaker(s) is participating in TANF Work activities, per OAC 340:10-2-1; (2) online Internet based or televised education or training courses when an instructor is not conducting a live broadcast and attendance is not required while the program is being broadcast, per OAC 340:40-7-8(b) and (c); (3) undergraduate classes or other training not expected to lead to a degree or certificate of completion, per OAC 340:40-7-8(b) and (c); (4) post graduate education, such as master's and doctoral programs; (5) two-parent or two-caretaker families when both attend a formal education or training program during the same days and hours; (6) transportation only; (7) volunteer hours or jury duty; (8) hours a school-age child could attend a public or private school, but the parent or caretaker chooses to home school the child at night; and (9) children in Child Welfare Services foster care, when one or both foster parents do not meet child care eligibility rules, per OAC 340:75-7-65.

(a) Employment. Employment means the parent or caretaker earns wages for work performed or meets criteria, per (5) or (6) of this subsection. (1) The client must provide proof of his or her work hours. When the client has the flexibility to set his or her own work hours, the client and worker jointly determine if the client can reduce the number of hours the child needs care by rearranging the client's work schedule. This is especially important in two-parent or two-caretaker families. (2) The worker limits child care approval to the number of days and hours the client is working plus reasonable travel time. In two-parent or two-caretaker working families, the worker limits child care approval to the days and hours they work the same hours plus reasonable travel time. (3) To meet the employment need factor, the client must make at least minimum wage for the hours he or she works unless the client qualifies for an exception, per (D) or (E) of this paragraph. (A) through (C) of this paragraph specifies the criteria for determining minimum wage. (A) The federal government determines minimum wage. (B) The worker reviews the pay information provided by the client to determine whether the client makes at least minimum wage. (i) When the paycheck or employer statement shows the hourly pay rate, the worker compares it to the federal minimum wage. (ii) When the pay information provided does not show the client's hourly pay rate, the worker divides the number of hours the client works by the gross pay per pay period to determine the client's hourly pay rate. (iii) When the client is considered self-employed, per Oklahoma Administrative Code (OAC) 340:40-7-11(b)(2)(A), the worker divides the number of hours the client works by the net pay, after applicable business expenses, to determine the client's hourly pay rate. When the client and spouse are self-employed in the same business, the worker combines their work hours and divides the work hours by the net pay to determine their hourly pay rate. (C) When the client works for an employer who pays a set wage that is less than minimum wage, and the employer refuses to begin paying at least minimum wage, the worker denies child care benefits or, when at renewal, does not approve further care. (D) When the client is self-employed or works for an employer who pays wages based on commission or other performance measures instead of a set wage, does not make at least minimum wage, and the client has performed this work: (i) less than one year, the worker counsels with the client to develop a plan to increase his or her income to at least minimum wage before the renewal is due. When the client is not making at least minimum wage at renewal, further care is not approved. (ii) at least one year without any substantial change, the worker denies the child care subsidy benefit. (E) When the client is an adoptive parent who meets criteria, per OAC 340:40-7-12(6), or is a caretaker who is not legally and financially responsible for the child, per OAC 340:40-7-6(a)(5), he or she is not required to make at least minimum wage for the number of hours worked. (4) A client employed and working from his or her own home may be approved for subsidized child care benefits in an out-of-home child care home or center when he or she is unable to work while the child is in the home. When the client has flexible work hours and can work while the child is in school, care is not approved. When the client operates a licensed child care home, care is only approved in another licensed child care home or center when the client's own child places him or her over maximum licensed capacity; (5) Subsidized child care benefits may be approved for sleep time during the day when a parent or caretaker works night hours and a feasible alternative is used during the night working hours at no cost to Oklahoma Human Services. Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. (A) The maximum amount of time the worker may approve child care allows the client eight hours of sleep plus travel time to and from the provider. (B) In two-parent or two-caretaker families, care may only be approved for this reason when both parents or caretakers have night time jobs or when one parent or caretaker has a night-time job and the other parent or caretaker works during the day while the other parent or caretaker is sleeping. (6) Subsidized child care benefits may be approved for the parent(s) or caretaker(s) to job search for one three-month period every 12 months. when needed. (b) Training. A training program is defined as a course of study that, when completed, qualifies a person to meet requirements for a job the client could not obtain without the certificate of completion, accreditation, or licensure. Child care may be approved for one parent or caretaker to attend a training program. In two-parent or two-caretaker families, the other parent or caretaker must work during the same hours. (1) The training program must qualify to receive federal financial aid from the United States Department of Education (USDE) or other federal or state education funds. (2) Prior to initial approval for child care and at renewal, the client must provide proof of enrollment, the days and hours the client will be attending, and when he or she is expected to complete the program. (3) The program must require classroom attendance on a school campus with an instructor present. Child care is only approved for an online Internet based course or televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast. When the program is self-paced and the client may choose his or her own school hours, care is not approved. (4) The client must provide proof of progress at renewal. When the client is not making satisfactory progress, the worker does not approve further child care for this reason. (5) Once the client completes a training program, further child care is not approved for training or education. The client is expected to look for jobs that require his or her training credentials. (6) In certain circumstances, the worker may approve child care benefits for a client to attend a second training program. The client must have been employed in a job requiring the training credentials he or she has for at least 12 months. Possible circumstances include when: (A) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons. In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional verifying the reason. The professional must also state that after completing the second training program, the client is capable of performing jobs related to that training program; (B) there is no longer a demand for the type of work the client is trained to do. The client must provide a statement from a professional working with the client to obtain employment stating there is no demand. The professional must be employed by the Workforce Oklahoma Center, a Workforce Innovation and Opportunity Act (WIOA) contracted entity, the Oklahoma Employment Security Commission (OESC), or the Oklahoma Department of Rehabilitation Services (DRS); or (C) the client can establish receipt of the additional training will increase his or her earning potential. The client must provide proof the training credentials the client wants to obtain will result in a starting salary higher than what he or she currently earns. (c) Education program. An education program may include: (1) High school. Child care may be approved for one or both parents or caretakers to attend high school. It is not approved for a parent or caretaker to receive homebound instruction. Prior to approval, the client must provide proof that he or she is enrolled, the days and hours he or she attends, and when he or she is expected to graduate. (2) High school equivalency, literacy, or adult basic education (ABE) classes. The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend high school equivalency, literacy, or ABE classes. However, in two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours. (A) The client must provide proof of enrollment, the days and hours the client is attending, and the end date of the class prior to care approval. When the class has open enrollment and no established end date, the client must provide proof of progress and how it is measured. (B) The worker reviews the client's progress at renewal prior to approving further child care for this reason. At renewal, the client must provide a statement from the school that includes: (i) whether the client attends regularly; (ii) whether the client is making satisfactory progress; (iii) an estimated end date to complete the program; and (iv) the days and hours the client currently attends classes. (C) When the client is not attending regularly or making satisfactory progress, further child care for this reason is not approved at renewal. (3) English as a Second Language (ESL) classes. The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend ESL classes when the client lacks proficiency in understanding, speaking, reading, or writing the English language. In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours. (A) The client must provide proof of enrollment, the days and hours the client attends, and the end date of the class prior to care being approved. When the class has open enrollment and no established end date, the client must provide proof of how often progress is measured. (B) The worker reviews the client's progress at renewal before approving further care for this reason. At renewal, the client must provide a statement from the school that includes: (i) whether the client attends regularly; (ii) whether the client is making satisfactory progress; (iii) an estimated length of time needed to complete the program; and (iv) the days and hours the client currently attends. (C) When the client is not attending regularly or making satisfactory progress at renewal, the worker does not approve further child care for this reason. (4) Formal education program. A formal education program is defined as a course of study that leads to attaining an associate or bachelor's degree. Child care may be approved for one parent or caretaker to attend a formal education program and participate in activities required to maintain a scholarship. Only required scholarship activities for scholarships disbursed through the school's financial aid office qualify for child care. In two- parent or two-caretaker families, the other parent or caretaker must work during the same hours. (A) The formal education program must qualify to receive federal financial aid from USDE or other federal or state education funds. (B) Prior to initial approval for child care and at renewal, the client must provide: (i) proof of enrollment; (ii) the days and hours the client attends school or participates in activities required to maintain a scholarship; and (iii) when the client expects to complete the degree. (C) The degree program must require classroom attendance on the school campus with an instructor present. Child care is only approved for an online Internet based course or a televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast. When the program is self-paced and may be completed whenever the client chooses, child care is not approved. (D) The worker must request proof of progress at renewal when the class schedule does not show the client is progressing from freshman level classes to sophomore, junior, and senior level classes. When the client is not making satisfactory progress at renewal, the worker does not approve further child care for this reason. (E) Once the client completes a bachelor's degree, further care is not approved for training or education. The client is expected to look for jobs that require a degree. (F) In certain circumstances, the worker may approve subsidized child care benefits for a client to obtain a different bachelor's degree. The client must first have been employed in a job that required the degree he or she already has for at least 12 months. Possible circumstances include when: (i) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons. In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional that verifies the reason. The professional must also state that after completing the second degree program, the client is capable of performing jobs related to that degree program; (ii) there is no longer a demand for the type of work the person is trained to do. The client must provide a statement from a professional working with the client to obtain employment stating there is no demand. The professional must be employed by the Workforce Oklahoma Center, a WIOA contracted entity, OESC, or DRS; or (iii) the client can establish receipt of the second degree will increase his or her earning potential. The client must provide proof that the second degree the client wants to obtain will result in a starting salary higher than what he or she currently earns. (d) Oklahoma Supplemental Nutrition Assistance Program Works (OK SNAP Works) related child care. Subsidized child care benefits may be provided for OK SNAP Works component assignments and activities, per OAC 340:50-5-106. (1) Prior to approval, the OK SNAP Works coordinator confirms with the contracted service provider the: (A) component assignment or activity is part of OK SNAP Works; (B) assigned start date; and (C) the activity's scheduled days and hours. (2) When a parent or caretaker stops participating in OK SNAP Works component assignments or activities for reasons other than employment, child care is continued for an additional 90-calendar days from the date the client stops participating. (e) Temporary Assistance for Needy Families (TANF) related child care. (1) TANF related subsidized child care benefits may be provided for: (A) any TANF Work activity outlined on the client's Form 08TW002E, TANF Work/Personal Responsibility Agreement, per OAC 340:10-2-1, including when the person is sanctioned, per OAC 340:10-2-2, and participating in TANF Work activities; (B) substance abuse treatment when the parent of a child receiving TANF is ineligible for TANF due to the illegal use of a controlled substance or substances, per OAC 340:10-4-1. Prior to approval, the parent must provide proof of the substance abuse treatment plan from the treatment provider; or (C) a child receiving a child only TANF benefit when the parent or caretaker relative meets a need factor included in this Section. (2) When the parent or caretaker relative receiving TANF-related subsidized child care stops meeting a need factor, the worker continues subsidized child care benefits for 90-calendar days. (f) Protective or preventive child care. Subsidized protective or preventive child care benefits may be used as an early intervention strategy in certain critical situations to help prevent a child's neglect, abuse, or exploitation. The worker may approve child care in these situations to help stabilize the family or enhance family functioning. In most instances, Child Welfare Services (CWS) staff completes protective or preventive child care requests when they are working with the family and recommending protective or preventive child care. Subsidized protective or preventive child care benefits are approved on a temporary basis. The worker helps the family develop a plan to reduce or eliminate the need for such child care beginning with the initial contact. (1) Reasons protective or preventive child care may be approved include, but are not limited to, when: (A) an outside agency contracting with CWS to provide Comprehensive Home-Based Services (CHBS) for a non-court involved family recommends child care be provided on a temporary basis; (B) the parent or caretaker requests child care because of a medical condition that prevents the parent or caretaker from properly caring for the child; (C) a homeless family requests child care while working to stabilize the family. Homeless means the family lacks a fixed, regular, and adequate night time residence, and includes families who: (i) temporarily share housing with other persons due to loss of housing, economic hardship, or a similar reason; (ii) temporarily live in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; (iii) live in emergency or transitional shelters; or (iv) live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings not designed for, or ordinarily used, as a regular sleeping accommodation for human beings; or (D) a family affected by a natural disaster requests child care to deal with the natural disaster's effects, such as home damage or loss following a fire, flood, or tornado. (2) The worker may approve subsidized protective or preventive child care benefits for a maximum of 30-calendar days. (3) When the family requests more than 30-calendar days of subsidized protective or preventive child care benefits, the worker must obtain approval from Adult and Family Services Child Care Subsidy Unit staff before authorizing more care. Prior to requesting an extension, the client must provide a written recommendation from a professional working with the family stating: (A) the names and ages of the children for whom child care is recommended; (B) the reason child care is recommended; (C) the days and hours child care is needed; (D) how placing the child in a child care facility helps to prevent neglect, abuse, or exploitation of the child; and (E) the length of time the professional expects care to be needed. (4) A family receiving CHBS services is not responsible for paying a copayment. Depending on other families' unique circumstances, the worker may. (5) In certain circumstances, families who are financially ineligible for subsidized child care benefits may be approved for protective or preventive child care benefits when the child is in danger of neglect, abuse, or exploitation. The client must provide evidence the family is so burdened by debt the additional financial pressure of paying for child care may result in further deterioration of family stability and functioning. The client must also provide a plan for reducing his or her debt. (g) Enrichment. The purpose of subsidized enrichment child care benefits is to assist a child receiving Supplemental Security Income (SSI) to develop socialization skills and transition into a group setting, such as a classroom. Children who do not receive SSI benefitsare not eligible for subsidized enrichment child care benefits. (1) The need for subsidized enrichment child care benefits is based solely on the child's delay or disability needs instead of the parent's or caretaker's activities. (2) Enrichment child care is limited to a maximum of two days per week not to exceed 10 full-time or part-time days per month. (3) The parent or caretaker must provide a written recommendation from a professional working directly with the child that states how child care would be beneficial to the child. The professional could be the child's doctor, occupational therapist, physical therapist, or special education teacher. (4) Enrichment child care is only approved for a child who has not started school, Head Start, Early Head Start, or an Oklahoma Early Childhood Program unless, due to the child's disabilities, the child receives teacher instruction in his or her home. (5) When subsidized enrichment child care benefits are approved, care must be provided outside of the child's home and at least one other child must attend during the same hours. (6) The worker obtains approval from AFS Child Care Subsidy Unit staff prior to authorizing care for this need factor.

The worker explores potential sources of income, such as Social Security benefits, Supplemental Security Income (SSI), child support, unemployment benefits, veteran's benefits, and increased wages with the client at the time of application and each renewal for all members of the household whose income must be considered, per Oklahoma Administrative Code (OAC) 340:40-7-6. The client must apply for, or continue to pursue, all potential sources of income for which it appears likely he or she may be eligible, except for SSI and child support, before the next child care renewal is due. The client is encouraged, but not required, to apply for SSI when the client indicates a household member has a disability. Similarly, the client is encouraged, but not required, to pursue child support when a parent is absent from the home. (1) When the client refuses to pursue available income at the time of request, the worker denies the child care request. (2) When the client agrees to pursue all potential income and fails to do so within the 12-month eligibility period, further care is not approved at renewal. (3) When the client is approved for the potential income or offered a pay raise within the 12-month eligibility period and refuses to accept it, further care is not approved at renewal. (4) When the client's rate of pay or number of hours worked decreases, the worker explores why the decrease occurred. When the client requested the decrease to avoid a family share copayment increase or to maintain eligibility, the worker closes the subsidized child care benefits at renewal. (5) At each renewal, the worker determines whether the client continues to pursue potential income. (A) When the client begins receiving previously identified potential income, the worker adds the income to the case although the system does not decrease the benefit until renewal. (B) When the client was not approved for the income, the client must verify this. The worker records in the case record the verification provided and stops exploring this potential income with the client. (C) When the client stops pursuing potential income and was not determined ineligible for the income, further care is not approved at renewal. (6) When the client's subsidized child care benefits close at renewal because of failure to pursue potential income, the client must verify receipt or pursuit of such income or that such income is no longer potentially available before child care may be approved. (A) When the client verifies cooperation within 30-calendar days of the closure of subsidized child care benefits, the worker may reopen the benefits back to the date they were closed without imposing a penalty. (B) When the client does not cooperate or waits to verify cooperation for more than 30-calendar days from the date the subsidized child care benefits close, the client must complete a new application before care is approved. The earliest date subsidized child care benefits may be approved is the date the client completes a child care interview and provides all necessary verification, per OAC 340:40-3-1.

(a) Income considered. Available and anticipated income, except that required to be disregarded by law or Oklahoma Department of Human Services (DHS) policy, per Oklahoma Administrative Code (OAC) 340:40-7-12, is considered when determining a client's eligibility for child care subsidy benefits per this Section and OAC 340:40-7-11. (b) Reporting requirement. The client must report all sources of income at application and as changes occur, per (e) of this Section and OAC 340:40-9-2. (c) Income from a new source. Income from a new source is only considered for the approval month when a full check is received on or prior to the certification date. Income is anticipated and considered for the next month when a full check from the new source is expected to be received by the first of the month. When a full check is not received by the first of the next month, it is anticipated and considered for the third month before income is set for the remainder of the eligibility period. (d) Past income. Past income is not used to anticipate future income for any month in which an income change occurred or employment ended. (e) Increased income between eligibility determinations. Between eligibility determinations, per Section 98.21(e)(1) of Title 45 of the Code of Federal Regulations, the client is only required to report income changes within 10-calendar days of the date the change occurs, when the household's gross income exceeds the income eligibility threshold for the family size, per DHS Appendix C-4, Child Care Eligibility/Copayment Chart. (1) A computer-generated notice issues at certification and renewal informing the client of the current income eligibility threshold for his or her family size and instructs the client to report when the household income exceeds this amount. (2) When income exceeds the income eligibility threshold, the worker closes the child care benefit for the next advance-notice effective date per OAC 340:40-9-2(f). (f) Decreased income after approval. When income decreases after approval, the worker makes the change for the current month, when appropriate, or by the next non-advance notice effective date per Oklahoma Department of Human Services (DHS) Appendix B-2, Deadlines for Case Actions. Once income decreases, it is not increased until the renewal month per (e) of this Section. (g) Garnished income. When a person's income is reduced due to garnishment, the gross amount before the garnishment is counted as income. (h) Withheld or returned payments not considered as income. Payments not considered as income are: (1) monies withheld from any income source to repay a prior overpayment received from that same source; (2) monies voluntarily or involuntarily returned to repay a prior overpayment received from that same income source; or (3) child support payments received by Temporary Assistance for Needy Families (TANF) recipients that must be sent to DHS Child Support Services to maintain TANF eligibility. (i) Withheld or returned payments considered as income. Monies withheld or returned to repay overpayments in federal, state, or local means tested assistance programs are not excluded when they are withheld or returned to repay overpayments resulting from intentional program violation as established by the agency administering the program.

(a) Income sources considered. Income may be received periodically or at irregular intervals. All income, unless specifically excluded, per Oklahoma Administrative Code (OAC) 340:40-7-12, is considered in determining monthly gross income. Income is classified as earned or unearned income. (b) Earned income. Earned income is the total money a person receives from wages, salary, commission, or profit from activities he or she engages in as a self-employed person or as an employee. (1) Wages. Wages include total money earned for work performed as an employee including armed forces pay, commissions, tips, piece-rate payments, longevity payments, and cash bonuses before deductions, such as taxes, bonds, pensions, union dues, credit union payments, or cafeteria plans are subtracted. (A) Countable military personnel wages include any allowance included on the earnings statement, except the Basic Allowance for Housing (BAH). (B) Only the portion of the cafeteria plan the client controls, including any excess benefit allowance payments, is counted as income. (C) Reimbursements for expenses, such as a uniform allowance or transportation costs, other than daily commuting, are subtracted from the gross income. (D) Payments made for annual leave, sick leave, or severance pay are considered earned income during the month such income is received, whether paid during employment or at employment termination. (E) Wages that are garnished or diverted and paid to a third party are also counted as income. (2) S corporations. When a household member is a shareholder in an S corporation, he or she may receive profits from the business in three ways; as a salary, as a profit share of the business, or both. Both types of income are reported on the household member's personal income tax return. Salary income is considered as earned income and profit share income is considered as unearned income, per (c)(11) of this Section. (3) Self-employment. Self-employment income is calculated based on procedures listed in (A) through (H) of this subsection. (A) Persons considered self-employed. A person is considered self-employed when: (i) he or she declares himself or herself to be self-employed; (ii) there is an employer/employee relationship and the employer does not withhold income taxes or Federal Insurance Contributions Act, even when required to do so by law; or (iii) the employer withholds taxes and the person provides proof he or she files taxes as self-employed. (B) Records used and income calculation. The worker uses the records described in (i) through (iii) of this subparagraph to calculate income. When the person reports a loss instead of a profit on the business, the worker does not deduct the loss from other household income. (i) When the person filed a federal income tax return for self-employment income for the most recent year, whether the person's income is derived from his or her own business or from working for an employer, the worker uses the gross self-employment income shown on the person's federal income tax return.The worker subtracts 50 percent of the income for claimed business expenses, and divides the income by 12 or, when the self-employment income was received for less than the full calendar year, by the number of months the business has existed or the number of months since the person started working for the employer. The worker verifies the person's start date with the employer when the person states he or she has not worked for the employer for at least 12 months. (ii) When the person did not file an income tax return for the most recent tax year for his or her own business, the worker calculates self-employment income by using the person's business records for the last 12 months or the number of months the business has existed when less than 12 months. When the client declares business expenses, the worker subtracts 50 percent of the gross self-employment income to arrive at the net profit. (iii) When the person works for an employer, did not file a federal tax return as self-employed, and receives earnings from an employer, the person must provide proof of the last 12 months of income from the employer. The worker divides the gross income by 12 or the number of months the person worked for the employer to determine monthly income. When the person declares business expenses, the worker subtracts 50 percent of the gross self-employment income before dividing the income by the applicable number of months to determine monthly income. (C) Profit sharing. Households who operate S corporations, general or limited partnerships, or limited liability companies (LLC) may receive profit sharing that is reported on the household's personal income tax return. (i) S corporation profit sharing is considered unearned profit-sharing income. Refer to OAC 340:40-7-11(b)(2) and (c)(11) for information regarding S corporations. (ii) Partnerships are unincorporated businesses with two or more partners. When a household member is a partner in a business, he or she is considered self-employed and not one of the business's employees. Each partner receives a profit share from the business. When a business is considered a: (I) general partnership or LLC with a member-manager, each partner's share of the business income is shown as self-employment income on his or her federal income tax form; or (II) limited partnership or other LLC member, each partner's share of the business income is shown as self-employment income or unearned profit-sharing income on his or her federal income tax form. (D) Monthly self-employment income. Self-employment income received on a monthly basis is normally averaged over a 12-month period. When the averaged amount does not accurately reflect the household's actual monthly circumstances because the household experienced a substantial increase or decrease in income, the worker calculates the self-employment income based on anticipated earnings. (E) Seasonal self-employment. Self-employment income intended to meet the household's needs for only part of the year is averaged over the time period it is intended to cover. (F) Annualized self-employment income. Self-employment income that represents a household's annual support is averaged and annualized over a 12-month period, even when the income is received in a short time period. (i) When the average annualized amount does not accurately reflect the person's actual monthly circumstances because the person experienced a substantial increase or decrease in income, the worker calculates the self-employment income on anticipated earnings. (ii) The worker does not calculate self-employment income on the basis of prior earnings, such as income tax returns, when an increase or decrease of business has occurred. (iii) When the person received the self-employment income for less than 12 months, the worker averages the income over the applicable number of months and projects the monthly amount for the coming year. (G) Rental property income. Rental property is considered self-employment income. (H) Room and board income. Payments from roomers or boarders are considered self-employment when the roomer or boarder pays a reasonable amount. (4) On-the-job training (OJT). OJT income from regular employment is considered earned income. This includes OJT provided, per Section 3(44) of the Workforce Innovation and Opportunity Act (WIOA), for persons 19 years of age and older. This does not include classroom or institutional training or WIOA-sponsored intern assignments, even when an hourly amount is paid for such training, per OAC 340:40-7-12(25)(G). (5) Title I payments of Domestic Volunteer Services Act (DVSA). Payments under Title I of the DVSA of 1973 as amended, per Public Law 93-113, are considered earned income unless excluded, per OAC 340:40-7-12. (6) Children's earnings. A minor parent's earned income is treated as adult earned income. Earnings of other children 17 years of age and younger who are under an adult household member's parental control are excluded, per OAC 340:40-7-12. (7) Sale of whole blood or plasma. The sale of whole blood or blood plasma is considered as earned income. (8) Training allowances. Training allowances from vocational or rehabilitative programs recognized by federal, state, or local governments, such as the work incentive program, are considered as earned income to the extent they are not a reimbursement. Training allowances received under WIOA are excluded. (c) Unearned income. Unearned income is income a person receives for which the person does not put forth any daily, physical labor. Types of income listed in (1) through (11) of this subsection are considered unearned income. (1) Assistance payments. Assistance payments include state means-tested programs, such as Temporary Assistance for Needy Families (TANF), including Supported Permanency benefits, State Supplemental Payment (SSP) to the aged, blind, or disabled, and Refugee Resettlement Program (RRP) cash assistance. (2) Pensions, disability, and Social Security benefits. Annuities, pensions, retirement benefits, disability benefits from either government or private sources, or Social Security survivor benefits are considered unearned income. (A) When a minor child receiving Social Security benefits no longer lives with the payee receiving the Social Security benefits, only the portion of the child's Social Security benefit used to meet the minor child's needs is considered income. This may include cash given directly to the minor child or money paid to a third party for the minor child's room and board. (B) The parent or caretaker or, when appropriate, the minor child must take action to become the payee within the 12-month eligibility period, per OAC 340:40-7-9(d). When the parent, caretaker, or minor child does not take action by renewal, the worker counts the total Social Security benefit as income. (3) Supplemental Security Income (SSI). SSI is considered unearned income. (4) Unemployment and workers' compensation. Income from unemployment insurance benefits or workers' compensation is counted as unearned income. (5) Child support, court-ordered or third party paid child care, and alimony. Child support, child care payments, and alimony payments, whether court-ordered or voluntary, made directly to the household from non-household members are counted as unearned income. (A) Child care payments paid directly to the child care providerare not considered countable child support income. (B) When the non-custodial parent reports he or she pays a portion of the client's family share copayment to the child care provider, it is not considered countable child support income. (C) When the non-custodial parent or another third party, such as an employer, makes a payment to the child care provider in addition to the client's copayment, it is considered an additional copayment. Oklahoma Human Services (OKDHS) subtracts the additional copayment from the subsidy payment OKDHS owes to the child care provider. (D) Any other payment made to a third party for a household expense is considered as countable child support income when a court order directs the payment be made to the household. Payments for medical support are excluded. (6) Veterans' compensation, pensions, or military allotments. Disability compensation, military allotments, servicemen dependent allowances, and similar payments are considered unearned income. (7) Contributions. Appreciable cash contributions recurrently received are considered unearned income except when the contribution is not made directly to the client. To be appreciable, a contribution must exceed $30 per calendar quarter per person. (8) Dividends, interest, minerals, and royalties. Dividends, interest income, income from minerals, royalties, and similar sources are considered unearned income. When income from these sources is received irregularly or in varied amounts, it is averaged over 12 months. Income from royalties is treated as unearned, self-employment income, subject to (b)(2) of this Section. (9) Lump sum payments. Recurring lump sum payments, including income from earnings, are averaged over the period they are intended to cover. (10) Irregular income. Income received irregularly that exceeds $30 per calendar quarter is considered income unless it is from an excluded income source specifically mentioned at OAC 340:40-7-12. Countable irregular income is averaged over 12 months. (11) Profit sharing. When a household member is a shareholder in an S corporation or a partner in a limited partnership or an LLC, he or she may receive a distribution or profit share of the business. This is considered as unearned income.

Only the income listed in this Section is excluded in determining a household's eligibility for a child care benefit. No other income is excluded. (1) Lump sum payments. One-time lump sum payments are excluded as income. Recurring lump sum payments are excluded as a countable income source unless specifically mentioned, per Oklahoma Administrative Code (OAC) 340:40-7-11. (2) In-kind income. In-kind income is excluded as income. In-kind income is defined as any gain or benefit that is not in the form of money paid directly to the household. This includes non-monetary or in-kind benefits, such as meals, clothing, public housing, or produce from a garden. (3) Money received from the sale of property. Money received from the sale of property, such as stocks, bonds, or a house or car is excluded. This exclusion does not apply when the person is engaged in the business of selling such property. (4) Bank or trust account withdrawals. Money withdrawn from a bank or trust account is excluded as income even when used to meet current living expenses. (5) Capital gains. The proceeds from the sale of capital goods or equipment are excluded. (6) Household income for certain children adopted through Oklahoma Human Services (OKDHS). All household member's income is exempt for the adopted child only when conditions in (A) through (F) are met. The: (A) parent applying for benefits adopted the child through OKDHS or a federally-recognized Indian tribe, as defined by the Federal and Oklahoma Indian Child Welfare Acts; (B) adoptive parent applying for benefits must provide: (i) a fully executed Form 04AN002E, Adoption Assistance Agreement, listing child care as an adoption assistance benefit for the child; (ii) Form 04AN033E, Post Adoption Child Care Referral; (iii) the Final Decree of Adoption; and (iv) a form of identity; (C) adoptive parent and child are Oklahoma residents; (D) child is 5 years of age and younger. When a child turns 6 years of age during the 12-month eligibility period, household income remains exempt until the next renewal; (E) child is 6 years of age and older and meets the definition of a child with disabilities, per OAC 340:40-7.3.1. When the child continues to require child care after he or she turns 13 years of age, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care, as age appropriate, before further care is approved, per OAC 340:40-7-3. An updated medical statement is required annually at renewal. When a child with disabilities turns 19 years of age during an eligibility period, the child remains eligible until the next renewal date; and (F) adoptive parent meets an allowable need factor and provides proof, per OAC 340:40-7-7 and OAC 340:40-7-8. In a two-parent family, both parents must meet an allowable need factor. (7) Household income when at least one child attends an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP). The household income is exempt for all children in child care when at least one child attends an EHS-CCP grant program or an OECP and the household meets the income threshold, per OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart. (8) Children's earnings. The earnings of a person 17 years of age and younger who is considered a child in the case are excluded as long as the child attends school regularly. The exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment resumes following the break. When the child is a minor parent and the payee, the minor parent's earnings are treated as adult income. (9) Irregular income. Any income received too infrequently or irregularly to be reasonably anticipated is not counted unless it exceeds $30 per calendar quarter. (10) Reimbursements. Reimbursements for past or future expenses not exceeding actual expenses are excluded. (11) Tax refunds. Exclude federal or state income tax refunds including Earned Income Tax Credit (EITC) payments. (12) Money received for third parties. Money received and used for the care and maintenance of a third party who is not a household member is excluded. (13) Loans. All loans, including loans from private as well as and commercial institutions, are excluded as income. When the household states someone is loaning the household money to meet expenses, both parties are required to sign a statement indicating the payment is a loan and must be repaid. When the household states it receives loans on a recurrent or regular basis from the same source, the lender must sign an affidavit stating the payments are loans that must be repaid or that payments will be made in accordance with an established repayment schedule. (14) Grants. Grants obtained and used under conditions that preclude their use for current living costs are excluded. (15) Educational assistance. Educational assistance is excluded as income and includes, but is not limited to: (A) work study; (B) scholarships; (C) fellowships; (D) educational loans when payment is deferred; and (E) veterans' education benefits. (16) Stipends. Stipends paid to students participating in the Indian Vocational Education Program through the Carl D. Perkins Vocational and Applied Technology Education Act are excluded as income. (17) Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE). Payment for supportive services or reimbursement for out-of-pocket expenses made to volunteers serving as foster grandparents, senior health aides, senior companions, and to persons serving in SCORE and ACE is excluded as income. (18) Government rent or housing subsidies. Rent or housing subsidies provided by government agencies that are received in-kind or in cash for rent, mortgage payments, or utilities are excluded as income. (19) Foster care payments. Foster care payments received for a foster child in state or tribal custody are excluded as income. (20) Title IV E of the Social Security Act or State Adoption Subsidy. Federal- or state-funded adoption subsidy payments made to adoptive parents are excluded as income. (21) Victims of Crime Act of 1984. Payments made from the crime victims' compensation program as amended in Section 1402 of the Victims of Crime Act of 1984 and Section 10602 of Title 42 of the United States Code (42 U.S.C § 10602) are excluded as income. (22) Family Support Assistance Payment Program. Family Support Assistance Payment Program payments paid to persons by OKDHS Developmental Disabilities Services are excluded as income. (23) Vendor payments. Vendor payments made directly to the household's creditors, a person, or an organization providing a service to the household, are excluded as income unless a court order or other legally binding agreement specifies the money is to be paid directly to the client. (24) Money received by another household for a household member. (A) When a child with countable income spends part of the month in two separate households, the worker only considers the portion of the child's income received by the household applying for or receiving a child care benefit as countable income and excludes the remainder. (B) When a minor parent is the payee and lives with a parent or caretaker, child support received for the minor parent is considered income for the parent or caretaker and not considered for the minor parent's child care benefit. (25) Money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE) Program account. Money deposited into or withdrawn from a qualified ABLE Program account, in Oklahoma or in any other state, owned by the account's designated beneficiary and established to pay for qualified disability expenses (QDE), is excluded from income or resource consideration, per Sections 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes and the ABLE Act of 2014 (26 U.S.C. § 529A). A person may have only one ABLE account. (A) The client must provide documents to verify the account meets exemption criteria before the funds are excluded. Once the client verifies that the savings or trust account is a valid ABLE account, no further account information is required. (B) Another individual's contribution to an ABLE account is excluded unless the contribution exceeds the annual federal gift tax exclusion amount, per 26 U.S.C. § 2503(b). Any money deposited in the account in the calendar year that is in excess of the annual federal gift tax exclusion amount is considered as a countable resource in the amount deposited. (C) An ABLE account distribution retained after the month of receipt is excluded in any month when spent on a QDE. Money withdrawn for reasons other than to pay a QDE is considered as a countable resource for the withdrawal month. (D) A QDE is any expense related to the individual's blindness or disability and made for his or her benefit. A QDE includes, but is not limited to: (i) education; (ii) housing; (iii) transportation; (iv) employment, training, and support; (v) assistive technology; (vi) health; (vii) prevention and wellness; (viii) financial management and administrative services; (ix) legal fees; (x) ABLE account oversight and monitoring; (xi) funeral and burial; and (xii) basic living. (26) Income excluded by federal law. Income excluded by federal law is defined as: (A) payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (B) payments received: (i) under the Alaska Native Claims Settlement Act, Public Law (P. L.) 92-203, § 21(a); (ii) under the Sac and Fox Indian Claims Agreement, P.L. 94-189; (iii) from the disposition of funds to the Grand River Band of Ottawa Indians, per P.L. 94-540; (iv) from the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation, per P.L. 95-433; (v) under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation, P.L. 96-420; (vi) by an individual as a lump sum or a periodic payment via the Cobell Settlement, per the Claims Resolution Act of 2010, P.L. 111-291; or (vii) by members of the Navajo and Hopi Tribes for relocation assistance, per P.L. 93-531; (C) any payment to volunteers under Title II, Retired and Senior Volunteer Program, Foster Grandparents and others, of the Domestic Volunteer Services Act of 1973, P.L. 93-113 as amended. Payments under Title I of that Act, Volunteers in Service To America, University Year for Action, and Urban Crime Prevention Program, to volunteers are excluded only when the monthly amount, converted to an hourly rate, is less than the Oklahoma minimum wage; (D) income derived from submarginal land of the United States held in trust for certain Indian tribes, per P.L. 94-114, Section 6; (E) Indian per capita payments distributed from judgment awards and trust funds made, per Section 2 of P.L. 98-64, 25 U.S.C. §§ 117b and 1407. For this paragraph's purposes, per capita is defined as each tribal member receiving an equal amount. Interest or investment income accrued on such funds while held in trust, or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds, is excluded. Any per capita payments, headrights of the Osage tribe, income from mineral leases, or other tribal business ventures are excluded as long as the payments are paid per capita. Any interest or income derived from the funds after distribution is considered as any other income. The per capita exclusion applies per person rather than per family; (F) income individual Indians receive up to $2,000 per year that is derived from leases or other uses of individually-owned trust or restricted lands, is not counted as income. The income exclusion applies to calendar years beginning January 1, 1994. Any remaining disbursements from the trust or restricted lands are considered income; (G) allowances, stipends, earnings, compensation in lieu of wages, grants, and other payments made for participation in the Workforce Innovation and Opportunity Act (WIOA) or other federally-funded workforce training program to persons of all ages and student status.On-the-job training income paid to persons 19 years of age and older is considered as countable earned income, per OAC 340:40-7-11(b)(4); (H) payments, allowances, or earnings to persons participating in the AmeriCorps State and National program, the AmeriCorps National Civilian Community Corps program authorized under the National and Community Service Act, 1990 42 U.S.C. § 12637(d), and other payments to volunteers authorized by the National and Community Service Trust Act of 1993, P. L. 103-82, 42 U.S.C. §§ 12571, et seq., and administered by the Corporation for National and Community Service; (I) payments or allowances made under any federal law for the purpose of energy assistance, Low Income Home Energy Assistance Program (LIHEAP), and utility payments and reimbursements made b the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA); (J) the mandatory salary reduction amount for military service personnel used to fund the G.I. Bill; (K) benefits from State and Community Programs on Aging, per Title III and Title V of the Older Americans Act of 1965 as amended by P.L. 114-144, Older Americans Act Reauthorization Act of 2016. Each state and various organizations receive Title V funds. These organizations include: (i) Experience Works; (ii) National Council on Aging; (iii) National Council of Senior Citizens; (iv) American Association of Retired Persons Foundation; (v) United States (U.S.) Forest Service; (vi) National Association for Spanish Speaking Elderly; (vii) National Urban League; (viii) National Council on Black Aging; and (ix) National Council on Indian Aging; (x) Asociación Nacional Pro Personas Mayores; (xi) Associates for Training and Development, Inc.; (xii) American Samoa; (xiii) Easter Seals, Inc.; (xiv) Goodwill Industries International, Inc.; (xv) Institute for Indian Development; (xvi) National Able Network; (xvii) National Asian Pacific Center on Aging; (xviii) National Caucus and Center on Black Aged, Inc.; (xix) National Older Worker Career Center; (xx) Operation A.B.L.E. of Greater Boston, Inc.; (xxi) Senior Service America, Inc.; (xxii) SER-Jobs for Progress National, Inc.; (xxiii) Workplace, Inc.; and (xxiv) VANTAGE Aging; (L) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement In Re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.); (M) payments received under the Civil Liberties Act of 1988. These payments are made to persons of Japanese ancestry who were detained in internment camps during World War II; (N) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining; (O) payments a Supplemental Security Income recipient receives that are necessary for the fulfillment of a Plan for Achieving Self-Support approved under Section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act; (P) payments made to persons because of their status as victims of Nazi persecution under P.L. 103-286; (Q) payments made for the Experimental Housing Allowance Program under Annual Contributions Contracts entered into prior to January 1, 1975, per Section 23 of the U.S. Housing Act of 1937 as amended; (R) monetary allowances provided to certain children of Vietnam War veterans, per Chapter 18 of Title 38 of the United States Code; (S) federal funds distributed by Federal Emergency Management Assistance (FEMA) due to a disaster or emergency to persons directly affected by the event, per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended, 42 U.S.C. § 5155(d). This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. For payments to be excluded, the disaster or emergency must be declared by the President of the United States; (T) the food benefit allotment value under the Food and Nutrition Act of 2008; (U) the supplemental food assistance value under the Child Nutrition Act of 1966 and the special food services program for children under the National School Lunch Act of 1970, both as amended, per Omnibus Budget Reconciliation Act of 1981; and (V) income a member of the United States Armed Forces receives, per 37 U.S.C. Chapter 5 and, per 273.9(c)(20) of Title 7 of the Code of Federal Regulations that is: (i) received in addition to the service member's basic pay during combat deployment; (ii) received as a result of the service member's deployment or service in an area designated as a combat zone as determined per Executive Order or P.L.; and (iii) not received by the service member prior to the service member's deployment to or service in a federally designated combat zone.

(a) Ongoing income. Income from an ongoing source received regularly but in amounts that vary, or income received irregularly, is averaged over a minimum of 30-calendar days unless the client has not received at least 30-calendar days of representative income. This includes overtime pay, irregular child support, and other occasional increases or decreases in monthly gross income. When income is received more often than once per month, the income is converted to a monthly amount. (b) Income verification. The worker verifies the household's income using the best available information. (1) When at application or renewal the person received at least 30-calendar days of income, the best available information is normally the person's pay stubs or an employer statement. When neither source is available, the worker uses whatever records are available that best establish the income already received and expected for future months. (2) When the client's ongoing employment income changed and the last 30-calendar days of income is not indicative of future earnings, the best available information may be an employer statement. When work hours remain the same but the client received a pay raise, the worker averages the person's work hours over the last 30-calendar days and multiplies the averaged hours by the new pay rate. (3) For earned income, pay stubs are used for verification only when the client's name or Social Security number, date(s) of the pay period, and amount of income before deductions are shown on the pay stub. When this information is not shown on the pay stub, or pay stubs are not available, phone contact with the employer or an employer statement is required. (4) When a household member starts a new job, the worker verifies the person's start date, date the first full paycheck is expected to be received, hourly rate, and anticipated number of hours per week. (c) Income calculations at initial certification. For an initial certification, the worker calculates income using procedures in (1) through (4). (1) When household income is ongoing, the worker uses actual income received for the approval month, except when: (A) all income for the month has not been received and verified. When this occurs, the worker uses any full representative paychecks to anticipate income not yet received for the approval month and future months; or (B) the person received an additional check in the approval month due to a third or fifth week. When this occurs, the worker averages the last 30-calendar days of income for the approval month and future months. (2) When income is ongoing and actual income is used for the approval month, the worker averages the last 30-calendar days of representative income and converts it to a monthly amount for the following month. (3) When income is from a new source and the person did not receive any income as of the approval date, the worker does not consider income for the approval month per Oklahoma Administrative Code (OAC) 340:40-7-10. (A) Income expected to be received in the month following the approval month is anticipated and considered when a full check is expected to be received on or before the first of the month following the approval month. (B) When only partial earnings are expected to be received in the month following the approval month, earnings are not considered until the next month. (4) The worker adds together all countable earned and unearned income to arrive at the household's gross income. (d) Income calculation at renewal. To calculate income at renewal, the worker determines eligibility based on circumstances anticipated for future months using the best information available. (1) The worker adds together all countable earned and unearned income to arrive at the household's gross income. (2) When the household reports earned income from a new source at renewal, the worker considers the earned income effective the first month a full check is expected to be received by the first of that month. (e) Income deduction. After computing gross income, the worker subtracts any verified, legally-binding child support payments paid by a household member to or for a non-household member, including child support and child care support payments made to a third party on behalf of the non-household member. (f) Income eligibility threshold. The worker uses Oklahoma Department of Human Services Appendix C-4, Child Care Eligibility/Copayment Chart to determine if the household meets the income threshold, per Section 98.20(a)(2) of Title 45 of the Code of Federal Regulations.

(a) Child care renewal. The client must complete the child care renewal at the end of the 12-month eligibility period to continue receiving benefits per Section 98.21(a) of Title 45 of the Code of Federal Regulations. Refer to Oklahoma Administrative Code 340:40-9-2(f) for reasons child care is closed prior to the renewal. At renewal, the client is sent a computer-generated notice informing the client: (1) the renewal is due; (2) the methods the client may use to complete the renewal; (3) types of verification that may be required; and (4) when benefits close if the renewal is not completed. (b) Renewal time frame. A child care renewal is due no earlier than 12 months from the approval date or the last renewal unless the client receives Supplemental Nutrition Assistance Program food benefits and benefits must be synchronized per (f) of this Section. (c) Signature requirement. The client or the client's authorized representative must sign the renewal. (d) Interview requirement. An interview is not required at renewal for the Child Care Subsidy Program. (e) Eligibility determination. An eligibility determination is made once the renewal is signed and all required verification is provided and evaluated. (1) The eligibility determination results in: (A) completing the renewal without changes; (B) completing the renewal with changes; or (C) closing the child care benefits. (2) Benefits, when closed, may be reopened when the client provides required information within 30-calendar days of closure. (f) Synchronization of benefits. When the client receives other Adult and Family Services benefits in addition to the subsidized child care benefits, certification and renewal dates must be coordinated with the other programs.

(a) Change reporting. The household reports income changes that exceed the income eligibility threshold for the family size, per Oklahoma Human Services (OKDHS) Appendix C-4, Child Care Eligibility/Copayment Chart, within 10-calendar days of the change occurring, per Section 98.21(e)(1) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 98.21(e)(1)). (1) A computer-generated notice issues at certification and renewal to inform the client of the current income eligibility threshold for the client's family size and instructs the client to report when the household income exceeds this amount. (2) When the client fails to report an income increase timely that, if reported, would have resulted in benefit closure, the worker makes an overpayment referral to Adult and Family Services Benefit Integrity and Recovery Unit, per Oklahoma Administrative Code (OAC) 340:40-15-1. (b) Action taken on reported changes. The worker acts on all changes the household reports between renewal periods. Benefits do not decrease unless the client requests a decrease to avoid or reduce an overpayment or the reported change results in the child care benefit closing, per (f) of this Section. (c) Changes that increase subsidized child care benefits. When the client reports a change within 10-calendar days of the change that increases the amount of child care approved or decreases the family share copayment, the client and the worker jointly plan the change's effective date. When the client does not report the change within 10-calendar days of the change, the earliest date the worker increases the subsidized child care benefits is the first day of the month in which the client reports the change. (d) Additional child request. When an additional child requires subsidized child care benefits, the worker completes the request within two-business days of the client providing all necessary verification to determine eligibility. When eligible, the child may be approved for subsidized child care benefits beginning on the request date. (e) Change in provider. When a client reports a change in provider, the change is effective the date the change in provider occurs, regardless of whether the client reports the change timely. The worker completes provider changes within two-business days of the date the client reports the change. (f) Child care benefits closure. When the client is no longer eligible for subsidized child care benefits, the closure date varies depending on circumstances. Refer to OKDHS Appendix B-2, Deadlines for Case Actions, for advance-notice deadline dates. (1) The worker closes the subsidized child care benefits effective 10-calendar days from the date action is taken, when the: (A) payee for the child care benefit changes. When this occurs, a new application is needed, per OAC 340:40-3-1(a)(1)(C); (B) only child(ren) approved for subsidized child care leaves the home; (C) client already received income in excess of the income threshold, per OKDHS Appendix C-4; (D) client moves out-of-state; or (E) client was approved for child care in error. (2) The worker closes the child care benefit effective the last calendar day of the current calendar month when the client's anticipated income for the next month is expected to exceed the income eligibility threshold, per 45 C.F.R. § 98.21(e)(1) and OKDHS Appendix C-4. (3) The worker closes the child care benefit effective the last calendar day of the renewal month when: (A) the client does not meet a need factor; (B) the client is not pursuing potential income, per OAC 340:40-7-9; (C) the child reached the maximum age limit, per OAC 340:40-7-3; or (D) an adopted child turns 6 years of age and the family income must now be considered, per OAC 340:40-7-12. In this circumstance, a new application is required, per OAC 340:40-3-1(a)(1)(D). (4) The worker closes the child care benefit effective three months from the approval date for job search child care, per OAC 340:40-7-8(a)(6). (5) When the client receives Temporary Assistance for Needy Families related subsidized child care, per OAC 340:40-7-8(e) and stops meeting a need factor, the worker closes the child care benefit effective 90-calendar days from the date the client stops participating. (6) When a client stops participating in Oklahoma Supplemental Nutrition Assistance Program Works component assignments and activities, per OAC 340:40-7-8(d) and does not meet another need factor, the worker closes the child care benefit effective 90-calendar days from the date the client stops participating. (7) When the client requests the child care benefit be closed, the earliest date the worker closes the child care is the date action is taken. (8) When the client does not complete the benefit renewal timely, the system closes the child care benefit effective the last calendar day of the renewal month. (g) Reopen action. When a client's subsidized child care benefits close, benefits may be reopened within 30-calendar days of the closure effective date using current eligibility information unless the client must complete a new application, per OAC 340:40-3-1(a)(1). Child care benefits are not decreased unless the renewal is due, per 45 C.F.R. § 98.21(a).

(a) Computer-generated notice required. A computer-generated notice is sent to inform the client of any: (1) initial eligibility decision; (2) decision regarding continued eligibility if a change occurs that increases or decreases the level of subsidized child care benefits; (3) decision to terminate subsidized child care benefits; and (4) decision to reopen subsidized child care benefits. (b) Form 08MP038E, Client Notice of Action Taken, required. The worker must send Form 08MP038E when the system does not provide a notice. The worker also sends Form 08MP038E to notify the client and provider when any additional co-payment is being paid by someone other than the client directly to the provider or is being discounted by the child care provider for an employee. (c) Notice not required. A written notice is not required for information and referral services. (d) Returned notices. When a notice of a proposed case action is returned, the worker makes at least one attempt to locate the client. (e) Advanced notice required. Advanced notice is required on case actions that decrease or terminate the level of child care benefits when such services are still needed by the client. (f) Advance notice not required. Advance notice is not required on case actions that increase the level of child care benefits or when child care benefits are no longer being used.

(a) The EBT system used for child care tracks time and attendance for a child receiving subsidized child care and processes child care provider payments. This system involves a client or authorized representative using an EBT card to document attendance by swiping the card through a point-of-service (POS) machine or recording attendance using the ECC Connect mobile app at the child care facility. The client or authorized representative records real-time attendance or enters previous in and out times for up to 10-calendar days, the current day and nine previous days. The system works best when the client or authorized representative records attendance real time. (b) The county EBT specialist issues an EBT card to a child care applicant at the time he or she applies for a child care benefit and views an EBT training video. (c) Only two EBT cards are issued per Adult and Family Services child care case; one card for the parent or caretaker and one for an authorized representative. The authorized representative can be the other parent or someone else who helps the client take the child to, or pick the child up from, the child care facility. The client is responsible for all attendance by the authorized representative records. The client is prohibited from choosing the child care provider or anyone the child care provider employs as the authorized representative. (d) Two EBT cards can be issued per child in a Child Welfare case when each child in the case resides with different foster parents.

(a) Client EBT responsibilities. Client EBT responsibilities include: (1) viewing the client training video; (2) recording correct attendance days and times with his or her EBT card through the provider's point-of-service (POS) machine or using the ECC Connect mobile app within 10-calendar days, current day and previous nine days; (3) checking the message on the POS machine or the ECC Connect mobile app after each attendance entry to see if it is approved, denied, pending, or pending different provider. When the message shows denied or pending different provider, the client is responsible for reporting the problem to the worker right away; (4) not recording attendance for any day the child does not attend child care; (5) not giving the EBT card or personal identification number (PIN) to anyone else, including the child care provider; and (6) paying for care Oklahoma Human Services (OKDHS) does not pay because: (A) the client did not record attendance timely for days and times his or her child attended child care; (B) attendance entries were denied and the client did not correct attendance within 10-calendar days; or (C) the provider loses the absent day payment for a weekly authorization because the client did not record correct attendance for every day that the child attended care for a given month. (b) Worker EBT responsibilities. Worker EBT responsibilities include: (1) ensuring that clients read and state they understand the EBT responsibilities shown on the application; (2) arranging for clients to receive their EBT cards and view the training video as soon as possible after the child care request is submitted; (3) arranging for authorized representatives to receive their EBT cards and view the training video as soon as possible; (4) acting on attendance errors as soon as the client reports them; (5) acting on EBT card misuse reports as soon as they are reported, per Oklahoma Administrative Code 340:40-10-3. (c) Child care provider EBT responsibilities. Child care provider responsibilities include: (1) never possessing a client's EBT card or recording a child's attendance using the POS machine or the ECC Connect mobile app; (2) never moving the POS machine to another location or submitting electronic child care claims from another location without receiving prior approval from OKDHS Adult and Family Services Child Care Subsidy Unit staff; (3) requiring clients to record attendance as child care is used; (4) never asking or requiring a client to record attendance for a day the child does not attend; and (5) ensuring claimed attendance submitted via the EBT system is correct and voiding any incorrect transactions within the 10-calendar day swipe limit, current day and previous nine days.

(a) When the worker becomes aware that the client or the authorized representative of the client is misusing his or her EBT card, the worker cancels that EBT card. (b) Misuse can occur when the client or authorized representative gives his or her EBT card to another person, such as the child care provider, to record attendance or when the client knowingly records incorrect attendance dates and times. (c) Before the EBT specialist issues a new EBT card, the client or authorized representative must view the EBT training video regarding proper use of the EBT card again.

(a) Child care payments. Oklahoma Human Services (OKDHS) makes payments for child care services to providers electronically using the electronic benefit transfer (EBT) system unless the provider is an in-home child care provider. In-home child care providers are paid manually via the EBT system after submitting Form 10AD121E, Child Care Claim. (b) Point-of-service (POS) machines. Contracted child care providers are issued a POS machine within 10-calendar days of the date the child care provider notifies the OKDHS contractor that the provider started caring for a child authorized for OKDHS subsidized child care and submits all necessary forms to the contractor. (c) Recording attendance. Clients and authorized representatives use the POS machine or the mobile app to record actual times their child attends child care. Child care providers may charge clients for care provided on days they fail to record attendance or when a denied error message is received. When the client pays for child care that is later approved for that date(s), the child care provider must reimburse the client for any care paid above the family share copayment amount. (1) Child care providers monitor the POS machine or mobile app to ensure correct attendance times are recorded. When incorrect times are recorded, the provider may void the incorrect transaction and ask the client to start over. (2) When clients or authorized representatives forget to record attendance for a day their child attends care, record incorrect times that the provider voids, or receive a denied error message, the system allows the client or authorized representative to record previous in and out times for the current day and the previous nine days. (3) Based on attendance recorded and the level of care authorized, electronic settlements to child care providers are made weekly. (d) EBT payment week. The EBT payment week begins every Sunday at 12:01 a.m. and ends every Saturday at midnight. Electronic settlements are made each week in the child care provider's designated financial institution account on Tuesday morning for services provided two weeks prior to the current week. When the financial institution is closed on Monday or Tuesday, or Monday is a holiday, the electronic settlement is deposited on Wednesday morning. (e) Manual claims process. When the child care provider reports a payment error, the provider may submit Form 10AD121E to the OKDHS Financial Services Electronic Payment Services (EPS) Unit for a manual adjustment. Manual claims must be submitted within 90-calendar days of the error. EPS staff evaluates whether to adjust the payment to the provider based on the reason care was not paid electronically. (1) When the client or authorized representative does not attempt to record attendance electronically, OKDHS does not pay the child care provider for those days unless extenuating circumstances beyond the client's, authorized representative's, or provider's control exist. These extenuating circumstances must be documented on Form 10AD121E. (2) EPS staff makes manual adjustments when the: (A) client records correct attendance times that are denied in error; (B) EBT system applies an incorrect family share copayment; or (C) provider is paid the wrong rate because: (i) the child care plan is incorrectly coded; (ii) an incorrect birth date is entered for a child; or (iii) an incorrect star status is paid. (f) Absent-day payments. Child care providers may receive an absent-day payment for a child who misses some scheduled attendance days. To be eligible, the child must qualify for a weekly unit type and attend the minimum number of full-time days, per OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, for that month. The provider is not eligible for an absent-day payment when the child did not attend the minimum number of full-time days for that calendar month or attended the maximum days paid, per OKDHS Appendix C-4-B. The EBT system deposits an absent-day payment in the provider's account in their weekly settlement. The provider receives the settlement after the 10th day of the month following the month the child was absent from care.

(a) Out-of-home child care arrangements. Out-of-home child care is provided outside of the child's home for less than 24 hours per day. The Oklahoma Department of Human Services (DHS) purchases out-of-home child care services only from licensed or permitted child care centers and family child care homes. A list of licensed, contracted out-of-home providers is available upon request. (b) In-home child care arrangements. DHS only approves in-home providers related to the child. Related to means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home per Section 98.41(a)(1) of Title 45 of the Code of Federal Regulations. A parent may choose an in-home provider when an out-of home provider is available. In no instance is housekeeping service approved. The approval is for the child care plan and the person providing care. Refer to Oklahoma Administrative Code 340:40-13-2 for guidelines regarding use and approval of in-home child care.

(a) Purpose. In-home child care is care given to a child when a relative comes into the child's own home. A parent may choose an in-home provider even when an out-of-home provider is available. The purpose of standards for in-home care is to help ensure the safety of children cared for in their own home when the usual, responsible adult is temporarily absent due to employment, training, illness, or other valid reason. (b) Qualifications of caregiver. The caregiver: (1) must be related to the child. "Related to" means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home; (2) must be at least 18 years of age; (3) demonstrates the vitality and flexibility needed to care for children and the ability to exercise good judgment and appropriate authority; (4) may not be a member of the child's household; (5) may only care for the child of one family at a time. The provider may provide care to more than one family as long as the hours do not overlap, and the child of each family is cared for in his or her own home; and (6) must not be under the effects of alcohol, illegal drugs, or medication that impairs functioning when caring for children. (c) Requirements prior to approval of the caregiver for subsidy payment. After a parent or caretaker selects a caregiver, requirements in (1) through (3) of this subsection must be met before the caregiver may be approved as an in-home provider. (1) The client and caregiver completes and signs forms described in (A) through (C) of this paragraph. (A) Form 08CC003E, In-Home Mutual Agreement and Notification to Provide Child Care Services, notifies the caregiver of the eligibility and child care plan for the child requiring care and the intent of the parent or caretaker to receive care from the caregiver. When Form 08CC003E is approved, it also serves as the in-home provider's authorization to bill Oklahoma Human Services (OKDHS) for services provided on or after approval. (B) Form 08CC004E, Mutual Agreement Regarding the Plan of Care, serves as a basis for discussion between the parent or caretaker and the in-home provider of the plan of care for the child, duties of the in-home provider, how to handle emergencies, and the family rules. (C) Form 08CC005E, In-Home Provider Health and Safety Checklist, serves as a basis for discussion between the parent or caretaker and the in-home provider of adequate safety precautions and possible safety hazards in the child's home. The parent or caretaker is also responsible for informing the provider of known risks of a contagious condition of one or more persons in the household. The disclosure allows for training in the universal precautions against exposure. (2) The caregiver provides a copy of the caregiver's photo identification and Social Security card. (3) The caregiver must provide proof of the results of an Oklahoma State Bureau of Investigation (OSBI) criminal history investigation as described in (A) of this paragraph and not be guilty of crimes or enter a plea of guilty or nolo contendere, no contest, to crimes described in (B) of this paragraph. (A) Criminal history investigations: (i) are required and must be provided by each caregiver and substitute caregiver prior to caring for children; (ii) are not required for persons who have documentation of a criminal history investigation within the last 12 months; (iii) must be obtained from: (I) OSBI; and (II) the authorized agency in the previous state of residence when the individual has resided in Oklahoma less than one year; and (iv) must include a search of the Oklahoma Department of Corrections files OSBI maintains per the Sex Offenders Registration Act; and (v) must include a computer check the worker completes using the potential caregiver's Social Security number. When a Child Welfare Services (CWS) case number appears, the worker consults with CWS staff to determine if concerns exist about the potential in-home provider's ability to care for children. (B) When a caregiver's criminal history report includes a conviction of fiscal mismanagement, such as embezzlement or fraud, or repeated convictions that indicate a pattern of criminal activity, the in-home provider is not approved. Persons who are convicted of or enter a plea of guilty or nolo contendere, no contest, to certain crimes are not approved to care for children or be substitute caregivers. These crimes include: (i) violence against a person; (ii) child abuse or neglect; (iii) possession, sale, or distribution of illegal drugs; (iv) sexual misconduct; or (v) gross irresponsibility or disregard for the safety of others. (4) After requirements described in (1) through (3) of this subsection are met, Child Care Services (CCS) Child Care Subsidy Unit staff approves or denies the caregiver. (A) When the chosen caregiver is approved as an in-home provider, the approval is valid for a maximum of one year from the date CCS Child Care Subsidy Unit staff signs Form 08CC003E. This form must be renewed annually. When approved, CCS Child Care Subsidy Unit staff sends the in-home provider a copy of Form 08CC003E advising the in-home provider of the assigned contract number. (B) When the chosen caregiver is not approved as an in-home provider, CCS Child Care Subsidy Unit staff sends a letter to the client advising of the denial and need to choose another caregiver. (5) The caregiver must be currently certified in first aid and infant and child cardiopulmonary resuscitation (CPR) from an OKDHS-approved source. Verification of current certification is provided annually. (d) Duties of the caregiver. The caregiver: (1) provides adequate care and supervision of children at all times, including frequent observations of children in cribs or playpens. The parent or caretaker must arrange to have a competent adult provide consistent supervision during the caregiver's absence from the home; (2) is responsible only for children specified on Form 08CC003E; (3) is aware of adequate safety precautions and takes action to correct hazards to children's safety, both indoors and outdoors; (4) provides opportunities for learning, indoor and outdoor play, rest periods, and meals. The caregiver ensures the use of television is age-appropriate and suitable for children; (5) gives understanding, consistent, and loving guidance. Discipline is constructive, educational in nature, and appropriate to the child's age and circumstances. Loud, profane, and abusive language, corporal punishment, or any technique that is either humiliating or frightening to children is not used. Discipline is not associated with rest, toilet training, or loss of food; (6) seeks emergency medical attention in case of sudden illness or accident. The parent or guardian stipulates who to call in case of an emergency by entering this information on Form 07LC038E, Child Information. The caregiver has emergency phone numbers readily available at all times. Emergency phone numbers include 911, the fire department, police department, ambulance service, and physician or clinic; (7) prepares and serves food. The child's family provides the food used to prepare snacks and meals. The caregiver consults with the child's parent(s) or guardian to ensure a balanced diet suitable to the age and physical development of the child is provided; and (8) ensures the child's school attendance in accordance with the requirements of the Oklahoma State Department of Education. (e) In-home provider training requirements. The in-home provider must read "The Good Health Handbook - A Guide For Those Caring For Children" within 90-calendar days of the approval date of the in-home provider shown on Form 08CC003E. The in-home provider signs and completes Form 08CC008E, In-Home Child Care Provider Training Declaration of Completion, and returns it to the CCS Child Care Subsidy Unit staff. The signature and completion of Form 08CC008E meets the in-home provider training requirement for the first year of approval. (1) After the first year of approval, the in-home provider must annually receive and declare six clock-hours of training. The provider may meet the training requirement by attending workshops, formal training programs, viewing videos, or through individual job-related readings. The declaration is valid for one year from the date the provider signs the document. (2) Training hours the in-home provider earns may transfer from one family to another during the year the declaration is in force. (f) Requirement to renew the in-home provider agreement. Form 08CC003E is completed annually. (g) Requirements prior to approval for a special needs child care rate for a child with disabilities. When an in-home child care provider cares for a child with disabilities, the provider may be approved for the special needs rate in addition to the applicable daily rate. Prior to receiving this additional rate, the: (1) client, provider, and worker must complete Form 08CC006E, In-home Child Care Certification for Special Needs, per Oklahoma Administrative Code 340:40-7-3.1; (2) provider must receive on-site consultation regarding the nature of the child's disability and the development of the child care plan including how to operate equipment the child needs and any specialized training needs. The consultant provides available resource materials that may aid the provider for the child. This consultation may be provided by a: (A) health care professional; (B) child guidance specialist; (C) SoonerStart provider when the child is younger than 3 years of age; (D) public school teacher who is familiar with the child; or (E) consultant through the Center for Early Childhood Professional Development; and (3) provider must agree to obtain six additional hours of training in areas that address the care of children with disabilities within six months of approval. This training is documented on Form 08CC008E. (A) First aid, CPR, or informal training is not counted to meet the special training requirement. (B) Countable formal training must be from an OKDHS-approved sponsor.

(a) Oklahoma Human Services (OKDHS) contracts to purchase out-of-home child care services for children only with licensed providers who: (1) post rates and fees; (2) sign and comply with all the terms of Form 08CC001E, Child Care Provider Contract; (3) participated in mandatory contract training; and (4) have access to an account at a financial institution for electronic benefit transfer (EBT) purposes. (b) Per Section 85.44B of Title 74 of the Oklahoma Statutes, OKDHSmay not make advance payments to child care providers. (c) The rates OKDHSpays are described on OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, and determined by: (1) the child's age; (2) the settings in which the care is provided that include: (A) the child's own home; (B) a child care center; or (C) a child care home; and (3) whether the child has disabilities and the provider is approved for the special needs rate unit type. The special needs rate is added to the applicable rate a child care provider receives for a typical child of the same age after the Form 08AD006E, Certification for Special Needs Child Care Rate, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, approval process is followed; (4) whether the care is provided full-time, over four hours per day, or part-time, four hours or fewer per day; (5) whether the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, blended, or a weekly unit; and (6) whether the facility qualifies for a quality rate. (d) The in-home child care rate is paid for children cared for in their own homes. The in-home rate is shown on OKDHS Appendix C-4-B for the child's age. When a child is eligible for the severe or moderate special needs rate, this additional amount is added to the applicable in-home rate for that child. (e) When the child is cared for in an out-of-home child care center or home, the allowable rate is the amount shown on OKDHS Appendix C-4-B. (f) Care may only be authorized at one facility per day per child. When the client uses care at two different providers for the same day for the same child, OKDHS staff approves care at only one of the facilities. The parent or caretaker may use care at two different providers for the same child when care is needed on different days of the week. (g) Charges are authorized and payment is made only when the care provided is in accordance with the jointly developed child care plan between the client and OKDHS. (h) Age-driven rate changes are effective the first of the month following the child's birth date. (i) A change to add the higher special needs rate to the applicable daily rate is effective the first of the month following the month eligibility for this rate is determined. (j) A child care provider may be approved for a quality rate when the provider meets the required criteria. This rate is approved effective the first of the month following the month Oklahoma Child Care Services licensing staff approves the provider for the rate. The rate is designated on OKDHS Appendix C-4-B by its star status.

(a) Criteria. A child care program owner and the Oklahoma Human Services (OKDHS) Director or designee signs Form 08CC001E, Child Care Provider Contract, before OKDHS pays for out-of-home child care services. By signing the contract, the child care provider agrees to not take into account a person's race, color, religion, sex, national origin, or disability in deciding which children to accept in the child care program or in how to provide services. Age may be a factor only to the extent that certain services are designed for a particular age group. (1) Written complaints that a child care provider is not complying with assurances in (a) of this Section are made to the OKDHS Director or to the Secretary of Health and Human Services, Washington, D.C., 20201. (2) Local Child Care Services (CCS) licensing staff provides initial contract information for child care programs. The child care provider contacts CCS, Child Care Subsidy Unit staff to request a contract. (3) Child care contracts are valid for a maximum of one year. Contracts may be renewed at the sole option of OKDHS for successive one-year terms per (g) of this Section. (b) License and star status for child care centers and homes. OKDHS does not contract with out-of-state child care providers. Child care providers only obtain an OKDHS contract after they are licensed or permitted. (1) A child care center provider requesting a contract is required to have a license or permit and a two-star or higher star status. Community Hope Centers are exempt from participation in the Stars quality rating system. (2) A child care home provider requesting a contract is required to have a license or a permit. (A) When licensed, the child care home provider may have a one star or higher status. (B) When on permit, the child care home provider must have a two-star or higher status. (c) Procedure for obtaining child care contracts. The procedures in (1) through (5) of this subsection are used to obtain child care contracts. (1) CSS licensing staff gives the child care provider OKDHS Publication 07-12, "Steps For Child Care Providers Interested In A Subsidy Contract" and instructs the provider to contact CCS Child Care Subsidy Unit staff to obtain an OKDHS child care contract. (2) When a child care program owner or another person authorized to sign the contract contacts CCS Child Care Subsidy Unit staff, staff explains the owner or responsible person must provide documents listed in (A) through (D) of this paragraph before signing a contract. Documents include a copy of: (A) a document that verifies the identity of the owner or responsible person authorized to sign the contract; (B) a document from the Internal Revenue Service verifying the employer identification number. A home child care provider who is a sole proprietor may provide a copy of the employer's Social Security card in lieu of an employer identification number; (C) the certificate of completion for the required online "Orientation to Child Care Subsidy Contracts" training; and (D) ownership verification. (3) When the owner provides the required documents, CCS Child Care Subsidy Unit staff sends Form 08CC001E to the child care provider and explains that the earliest date a contract is valid is the date the OKDHS Director or designee approves the contract. (4) The owner or person authorized to sign the contract signs and returns the contract to the CCS Child Care Subsidy Unit. (5) CCS Child Care Subsidy Unit staff processes the contract request for approval or denial. (A) When approved, CCS Child Care Subsidy Unit staff assigns a contract number and sends a copy of the signed contract to the child care provider. (B) When denied, CCS Child Care Subsidy Unit staff sends a letter to the child care provider. (d) Changes the provider reports. Form 08CC001E informs child care providers of changes they must report to the CCS Child Care Subsidy Unit no less than 30-calendar days prior to the effective date of any changes. When the provider fails to report the anticipated change timely and a new contract is needed, a gap may occur in the child care subsidy payment to the provider. Changes that are reported include: (1) collaborations or agreements; (2) ownership change; (3) legal business entity change; (4) change in facility status; (5) legal name change of the business; (6) plan to stop caring for children; (7) star status reduction; (8) changes in the responsible person authorized to sign the contract or in that person's legal name; (9) disqualification, suspension, or debarment from the Child and Adult Food Care Program or any other federal program; (10) when an owner or employee of a child care provider is convicted of a criminal offense; and (11) provider address change. (e) Changes that require a new contract. A new contract is required when changes listed in (1) through (3) of this subsection occur. (1) Change in ownership. An ownership change occurs when the owner of a child care program changes. (2) Change of legal business entity. A change of legal business entity is a change from one legal business entity type to another. Refer to OKDHS Appendix L-7, Ownership Proof Chart, for a list of legal business entity types. (3) Change in facility status. A change in facility status occurs when a child care home changes to a child care center or a child care center changes to a child care home. (f) Providing care at a different site than is authorized. When the child care provider signs the child care contract, the provider agrees to provide care only at the physical address designated in the contract. (1) After obtaining prior approval from CCS Child Care Subsidy Unit staff, a child care center provider owning more than one child care center may be authorized to move children receiving subsidized child care benefits to an alternate center for a designated time period. A child care center provider may not move a point-of-service (POS) machine or submit electronic claims for care at another location until the provider receives approval from CCS Child Care Subsidy Unit staff. (2) CCS Child Care Subsidy Unit staff provides written approval when (A) through (E) of this paragraph are met. (A) The same owner or legal business entity operates the alternate site. (B) The alternate site is licensed and contracted at the same star level and the child care provider has adequate licensed capacity at the alternate site. (C) There is a legitimate business reason for providing care in another location. (D) The provider advises CCS Child Care Subsidy Unit staff how the provider is ensuring parents are aware their children are being cared for at a different location. (E) The provider advises CCS Child Care Subsidy Unit staff of the date of expected return to the contracted site. (g) Child care contract renewal. Child care contracts may be renewed at the sole option of OKDHS for successive one-year terms, under the same terms and conditions, unless OKDHS makes changes to Form 08CC001E. The child care contract is not renewed when: (1) the child care provider or OKDHS gives written notice of its intent not to renew to the other party at least 30-calendar days prior to the previous contract term's expiration; or (2) during the contract renewal period, the provider fails to: (A) complete all required contract training; or (B) provide any other information or documents requested. (h) Contract violations. By signing the child care provider contract, Form 08CC001E, the child care provider agrees to abide by the contract's terms. When OKDHS staff becomes aware a child care provider is violating contract terms, the staff person emails the circumstances to CCS Child Care Subsidy Unit staff. Staff may also complete Form 19MP001E, Referral Form, to report the violation to the Office of Inspector General. Examples of contract violations include, but are not limited to: (1) discriminating against persons seeking services by charging a discriminatory rate or violating a person's rights as listed in the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973 as amended, or the Americans with Disabilities Act of 1990, as amended; (2) failing to maintain a drug-free workplace; (3) operating over licensed capacity; (4) possessing a client's electronic benefit transfer (EBT) card or recording attendance for a child using the POS machine or the mobile app; (5) knowing a client's EBT personal identification number; (6) refusing a parent or caretaker unlimited access to the facility areas used for child care during operation hours; (7) failing to ensure the parent or caretaker records accurate time and attendance information using the POS machine or the mobile app. When a child is approved for a blended unit type or part-time care, the parent or caretaker is only required to record attendance one time per day because the number or hours the child attends does not affect the child care provider payment amount; (8) charging a client receiving subsidized child care more than the OKDHS rate for days and hours OKDHS authorizes; (9) charging a client receiving subsidized child care an allowable fee when not charged to non-OKDHS participants; (10) failing to post all the facility's rates and fees; (11) charging or requiring a client to record attendance for days and hours outside of client's child care plan when those days and hours are a requirement the care provider imposes and are not the client's choice; (12) failing to advise and provide OKDHS a completed copy of any collaboration or agreement the child care provider enters into within 30-calendar days of signing the collaboration or agreement. This includes agreements with Head Start, Early Head Start, public schools, or other programs receiving federal or state funding; (13) claiming or receiving payment from OKDHS for any care hours the provider is not charging all parents because the provider receives federal or state funds for those hours. Refer to Oklahoma Administrative Code (OAC) 340:40-5-1(7) regarding collaborations; (14) claiming child care payment for care given for any hours in an unlicensed collaborative classroom; (15) moving the children from the agreed upon location shown in the contract and claiming for services at the other location without prior approval from CCS Child Care Subsidy Unit staff; (16) moving the POS machine or submitting electronic claims without receiving prior approval from CCS Child Care Subsidy Unit staff, per subsection (f) of this Section; (17) failing to inform OKDHS of a change in facility status, legal business entity, business ownership, or the responsible person at least 30-calendar days in advance of the change; (18) failing to inform OKDHS in writing within 10-calendar days of any person who has an ownership or controlling interest in, or is an agent or managing employee of, the child care business, who was convicted of a criminal offense related to such person's involvement under Titles XVIII, XIX, or XX of the Social Security Act; (19) failing to allow full access to the facility's premises and personnel to investigate a complaint; (20) failing to report the new child care business income within 10-calendar days of first receipt to the child care provider's Adult and Family Services (AFS) worker when the provider receives OKDHS benefits; (21) a home child care provider claiming payment for child care provided for an employee's child. Refer to OAC 340:40-5-1(7); (22) a child care provider receiving subsidized child care benefits for a child and claiming payment for that child to attend a child care program in which the provider or the provider's spouse have an ownership interest. Refer to OAC 340:40-5-1(7); (23) subcontracting services to another provider; or (24) breaching the contract the child care provider signs with the OKDHS EBT contractor. (i) Child care provider contract cancellation. CCS Child Care Subsidy Unit staff issues a notice to the child care provider to initiate child care contract cancellation. When CCS cancels a contract, all open child care authorizations for that provider close automatically. Contracts may be cancelled: (1) with cause. The effective cancellation date is 10-calendar after CCS Child Care Subsidy Unit staff sends the notice. The notice contains a reference to the grounds for cancellation including the specific contract provision(s) violated; or (2) without cause. The effective cancellation date is 30-calendar days after CCS Child Care Subsidy Unit staff sends the notice.

(a) Overpayment claim definition. A client or child care provider overpayment claim may occur as a result of agency, client, or provider error when a household received more child care benefits than it is entitled to receive or a provider was paid in error per (b)(1)(B) or (3) of this Section. (b) Overpayment referral. Oklahoma Department of Human Services (DHS) staff including, but not limited to, Adult and Family Services (AFS) or Child Welfare Services (CWS) staff, Office of Inspector General (OIG) auditors or investigators, or Financial Services (FS) Electronic Payment Systems (EPS) staff may identify a possible overpayment. When DHS staff suspects an overpayment occurred, he or she sends a client overpayment referral to AFS Benefit Integrity and Recovery (BIR) and a provider overpayment referral to FS EPS for an overpayment determination and claim establishment. (c) Overpayment determination and claim establishment. AFS BIR staff determines if a client overpayment occurred, when it occurred, and if it is due to an agency or client error. When the overpayment is due to a client error, AFS BIR staff establishes the overpayment as an inadvertent client error, willful misrepresentation, or fraud. FS EPS staff determine and establish provider overpayments. An overpayment claim is considered established on the date AFS BIR staff sends the overpayment notice to the household or FS EPS staff sends a letter to the child care provider. (1) Agency error overpayment claim. An agency error overpayment claim may be established against the client or the child care provider depending on the circumstances. An agency error overpayment occurs when DHS staff did not exercise due diligence. (A) When AFS staff incorrectly calculates countable income and/or deductions resulting in an incorrect family share copayment or complete ineligibility, or AFS or CWS staff approves more care than the household is entitled to receive, AFS BIR staff establishes the agency error overpayment against the client. (B) FS EPS staff establishes agency error overpayments against the provider for child care plan errors when DHS pays an incorrect rate. (2) Client error overpayment claim. AFS BIR staff establishes an overpayment claim against the client when the client: (A) provides incorrect information at the time of application or renewal; (B) fails to report any change that affects eligibility per Oklahoma Administrative Code (OAC) 340:40-9-2; or (C) uses child care for days and hours the client is not eligible for child care. (3) Provider error overpayment claim. FS EPS establishes an overpayment claim against the provider when the provider: (A) submits incorrect claims; (B) fails to timely void inaccurate attendance entered in the point-of-service (POS) machine by the client; (C) receives payment for care the provider did not provide and is not entitled to receive. This can occur when the provider has possession of the client's electronic benefit transfer (EBT) card and swipes attendance for a day a child did not attend or facility staff requests that a parent do so; (D) receives payment for care from DHS that was provided after the date his or her child care license was revoked or contract was cancelled; or (E) moves a POS machine to a different location prior to obtaining written approval from AFS Child Care Subsidy staff and payment was made for care during that period. (4) Liquidated damages. Per OAC 340:2-11-150, FS EPS staff may assess liquidated damages in addition to a provider overpayment when the provider: (A) is in possession of the client's EBT card; (B) swipes the card through the POS machine; or (C) knows the client's personal identification number (PIN). (d) Overpayment notice. Following claim establishment, AFS BIR staff sends the client an overpayment notice and FS EPS staff sends an overpayment notice to the provider. (e) Appeal rights. Only a client has the right to appeal all or part of any overpayment claim established against him or her. (f) Repayment of an overpayment claim. DHS requires repayment of all established overpayments. (1) AFS BIR staff sends the client Form 08OP011E, Repayment Agreement, with the overpayment notice and begins sending a monthly account statement the following month that reflects all payment and account information. (2) FS EPS staff sends a letter to the provider that explains the repayment process for vendor overpayments. When the provider: (A) receives subsidy payments, a portion of his or her weekly payments are retained to repay the overpayment; or (B) does not receive subsidy payments, he or she must set up a repayment plan with FS EPS staff.

(a) Fraud definition. Fraud may be indicated in a client or provider overpayment. Per Section 185 of Title 56 of the Oklahoma Statutes (56 O.S. § 185), fraud in obtaining public assistance occurs when a person: (1) obtains or attempts to obtain, or aids, abets, or assists any person to obtain, by means of a false statement or representation, by false impersonation, by a fictitious transfer, conveyance or encumbrance of property or income, by a knowing and willful failure to report to Oklahoma Human Services (OKDHS) income, personal property, real property, household members, or other material eligibility factors at the time of application or during the receipt of assistance, or by other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled; or (2) by sale, barter, purchase, theft, acquisition, possession or use of any electronic benefits or debit card, or any other device authorizing participation in the Temporary Assistance for Needy Families (TANF) or other OKDHS program, knowingly obtains, aids, abets, or assists any person to obtain or attempt to obtain assistance to which a person is not entitled. (b) Fraud penalty. The penalty for fraud is set forth in 56 O.S. § 185. Per statutes, only courts can determine guilt and impose a legal penalty for fraud.

The improper payments error rate review process is a federally mandated review of randomly selected child care subsidy cases to determine if an error existed on the case during the sample month. The review occurs every three years. The Office of Inspector General Administrative Review Unit conducts the reviews and maintains the files as required by federal law.

(a) Purpose. The purpose of this Chapter is to describe the operation of Oklahoma Human Services (OKDHS) Supplemental Nutrition Assistance Program (SNAP). The purpose of SNAP is to utilize, as efficiently as possible, the nation's food abundance to raise the nutritional levels and improve the general health of the nation's low-income households. (b) Legal basis. The legal basis for SNAP is vested in the Food and Nutrition Act of 2008 (Public Law 110-246) as amended by the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill and Sections 241 through 244 of Title 56 of the Oklahoma Statutes. (c) OKDHS responsibilities. Per Section 271.4 of Title 7 of the Code of Federal Regulations, OKDHS is responsible for: (1) certifying eligible applicant households for SNAP food benefits; (2) the issuance, control, and accountability of SNAP food benefits; (3) developing and maintaining complaint procedures; (4) developing, conducting, and evaluating training; (5) conducting performance reporting reviews; (6) keeping records necessary to determine that OKDHS is complying with federal regulations in its operation of SNAP; and (7) submitting accurate and timely financial and program reports. (d) Program informational activities. DHS has total and direct responsibility for initiating and monitoring program informational activities for SNAP in Oklahoma. (1) SNAP informational activities consist of comprehensive and ongoing activities to convey information about the program, including household rights and responsibilities, to applicant and recipient households through such means as publications, media, posters, and face-to-face contacts. (2) Nutrition education information is available to instruct and emphasize basic nutritional concepts and consumer practices for SNAP applicants and recipients. (e) Nutrition education. Nutrition education and program informational pamphlets and posters are available to order by local county offices. County staff are responsible for informing applicants and recipients of the availability of these materials at the time of initial application and certification renewal.

(a) Scope and applicability. Under the Supplemental Nutrition Assistance Program (SNAP), households receive food benefits based on their level of need. Participating households may use their benefits to purchase eligible food at retail stores that Food and Nutrition Services (FNS) has authorized to accept SNAP food benefits. State or local sales tax cannot be charged on eligible food purchases paid for with benefits. In specified instances, persons may use their benefits to purchase prepared meals. Benefits may be used only by the household, or other persons the household selects to purchase eligible food for the household, per Section 274.7 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 274.7). (b) Eligible food. Per 7 C.F.R. § 271.2, eligible food means: (1) any food or food product intended for human consumption except alcoholic beverages, tobacco, hot foods, and hot food products prepared for immediate consumption; (2) seeds and plants to grow foods for eligible households' personal consumption; (3) meals prepared and delivered by an authorized meal delivery service to households eligible to use SNAP food benefits to purchase delivered meals; (4) meals served by an authorized communal dining facility for the elderly or Supplemental Security Income (SSI) recipients to households eligible to use SNAP food benefits for communal dining; (5) meals prepared and served by a drug addiction or alcoholic treatment and rehabilitation center to eligible residents and children of residents who live with their parents; (6) meals prepared and served by a group living arrangement facility to residents who are blind or disabled,per Oklahoma Administrative Code 340:50-5-4; (7) meals prepared and served by a shelter for battered women and children to its eligible residents; (8) meals prepared for and served by an authorized public or private, non-profit establishment, such as a soup kitchen or temporary shelter, approved by an appropriate state or local agency that feeds homeless persons; and (9) meals prepared by a restaurant that contracts with an appropriate state agency to serve meals to homeless persons at low or reduced prices. (c) Prior payment prohibition. Participating households must not use their SNAP food benefits to pay for any eligible food purchased prior to the time they present their electronic benefit (EBT) cards to authorized retailers or meal services, per 7 C.F.R. § 274.7. Households must also not use their SNAP food benefits to pay for any eligible food before receiving the food, except when prior payment is made to purchase food from a nonprofit cooperative food purchasing venture. (d) Container deposit fees. SNAP food benefits may not be used to pay for deposit fees in excess of the amount of the State fee reimbursement required to purchase any food or food product contained in a returnable bottle or can, regardless of whether the fee is included in the shelf price posted for item, per 7 C.F.R § 274.7. The returnable container type and fee must be included in State law in order for participating households to pay for the upfront deposit with their SNAP benefits. When a SNAP eligible product has a State deposit fee associated with it, the product remains eligible for purchase with SNAP benefits, and the State deposit fee may be paid with SNAP as well; however, any fee in excess of the State deposit fee must be paid in cash or other payment form other than with SNAP benefits. (e) Communal dining and meal delivery services. The criteria in (1) through (2) of this subsection is used to determine if household members qualify to use their food benefits at communal dining facilities or for meal delivery services. (1) Communal dining facility. A communal dining facility may accept SNAP food benefits only after FNS approval. Communal dining facility means a: (A) public or non-profit private establishments that prepare and serve meals for elderly persons, or Supplemental Security Income (SSI) recipients, and their spouses. Elderly persons are persons 60 years of age and older; (B) public or non-profit establishments that feed elderly persons, SSI recipients, and their spouses; (C) federally subsidized housing for the elderly where meals are prepared for and serviced to the residents; and (D) private establishments under contract with a state or local agency to offer meals at low or reduced prices to elderly persons, or SSI recipients, and their spouses. (2) Meal delivery service. A meal delivery service means a political subdivision, a private non-profit organization, or a private establishment that contracts with a state or local agency to prepare and deliver meals at low or reduced prices to elderly persons and their spouses, and to physically, mentally, or otherwise disabled persons, and their spouses to the extent that they are unable to adequately prepare all of their meals. (f) Homeless meal providers. FNS authorizes homeless meal providers as retail food stores after they apply and qualify to accept food benefits from homeless SNAP food benefit recipients, per 7 C.F.R. § 278.1. (1) Homeless meal providers must: (A) be public or private, non-profit organizations as defined by the Internal Revenue Service, per Section 501(c)(3) of Title 26 of the United States Code; (B) serve meals that include food purchased by the provider; (C) meet requirements, per 7 C.F.R. § 278.1(a) and (b); and (D) provide evidence to Oklahoma Human Services (OKDHS) that they serve meals to the homeless to obtain OKDHS approval prior to seeking FNS approval. (2) Homeless meal providers may not act as authorized representatives for homeless SNAP food benefit recipients, per C.F.R. § 272.3(n)(4). (g) Homeless restaurant meals. FNS may approve as retail food stores, restaurants that contract with OKDHS to sell meals to homeless SNAP households in exchange for SNAP food benefits, per 7 C.F.R. § 272.9 and 7 C.F.R. § 278.1(i). The restaurant must provide a copy of the contract to FNS when it applies for approval to accept SNAP food benefits. The contract requires the restaurant to offer the meals at low or reduced prices and specify the approximate price or the amount and type of price reduction. Examples of reduced prices include, but are not limited to: (1) a percentage reduction; (2) a set dollar amount reduction; (3) a daily special meal; or (4) an offer of a free food item or beverage, excluding alcoholic beverages. (h) Social services. The worker is responsible for providing or referring families for social services that the family needs and requests, when available. OKDHS staff are required to make mandatory referrals to OKDHS Child Welfare Services when child abuse is suspected. (i) Volunteers. Volunteers may assist in activities, such as outreach, prescreening, helping clientscomplete and submit SNAP food benefit applications, and securing needed verification. Only authorized OKDHS staff may interview clients to determine SNAP food benefit eligibility and certify households, per 7 C.F.R. § 272.4.

(a) Non-discrimination statement. Oklahoma Human Services (OKDHS) processes Supplemental Nutrition Assistance Program (SNAP) applications, certification renewals, and mid-certification renewals in a non-discriminatory manner without regard to age, race, color, sex, disability, religious creed, political beliefs, national origin, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by the United States Department of Agriculture (USDA) per Section 272.6 of Title 7 of the Code of Federal Regulations. (b) Public notification. OKDHS must have a public notification system to inform potentially eligible persons, applicants, and participants of the availability of SNAP food benefits, program rights and responsibilities, non-discrimination policy, and the procedure for filing a discrimination complaint. This includes, but is not limited to: (1) informing applicants and participants during an application or certification renewal interview of the right to file a civil rights complaint, how to file a complaint, and complaint procedures per (c) of this Section; (2) displaying the USDA "And Justice for All" poster in a prominent location, such as the lobby, in all OKDHS offices; (3) displaying the non-discrimination statement on forms and public notification materials; and (4) informing potentially eligible persons, applicants, participants, and grassroots organizations of programs and program changes. This includes information pertaining to eligibility, benefits, services, the location of local county offices or service delivery points, and hours of service. (c) Program complaints. All complaints made by households or others on behalf of households about application of SNAP rules are handled by the OKDHS Legal Services Appeals Unit, per Oklahoma Administrative Code (OAC) 340:2, Subchapter 5. Complaints received alleging program abuse are referred to the OKDHS Office of the Inspector General, Investigations Unit using procedures, per OAC 340:2, Subchapter 7. (d) Explanation of civil rights complaint process. When a person makes a discrimination allegation to an OKDHS employee, the employee to whom the allegation is made is responsible for explaining the civil rights complaint process to the person. The proper procedure includes: (1) providing Form 14CR001E, Discrimination Complaint - Client or Vendor, to any person alleging discrimination based on a protected class. (A) The employee offers to help the person complete Form 14CR001E and asks if the complainant wants the employee to submit the complaint for the complainant. (B) The complainant may choose to submit a written statement instead of using Form 14CR001E. When this occurs, the employee informs the person what information is needed to facilitate the complaint investigation and provides the addresses for USDA and the OKDHS Office for Civil Rights (OCR). (C) When a person makes a verbal discrimination allegation and is unable or unwilling to put the allegation in writing, the employee to whom the allegation is made completes Form 14CR001E based on the information provided by the complainant and asks the complainant to sign the form, when available; (2) explaining to the complainant that he or she has the right to file the complaint with the OKDHS OCR or with the USDA Office of Civil Rights, or both; (3) informing the complainant: (A) he or she has the right to file a written complaint within 180-calendar days of the alleged discriminatory action and, if accepted for investigation, the investigation is completed within 90-calendar days of receipt; (B) the complaint is confidential and protected by the Privacy Act of 1974; (C) the complaint will not affect receipt of benefits; and (D) OKDHS is prohibited from retaliating against the person for filing a complaint; (4) asking the complainant if he or she would like to talk to a supervisor to try to resolve the matter. (d) Alternative means of communication. Persons with disabilities who require alternative means of communication for program information are advised to contact the USDA's TARGET Center at (202) 720-2600 for voice and telecommunications device for the deaf or TDD.

(a) When household information may be disclosed. Per Section 272.1 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 272.1), use or disclosure of information regarding Supplemental Nutrition Assistance Program (SNAP) applicant households is restricted to: (1) persons directly connected with the administration or enforcement of the provisions of the Food and Nutrition Act of 2008, as amended by the Agriculture Improvement Act of 2018, or federal regulations, other federal assistance programs, or federally assisted state programs that provide assistance to low income persons on a means tested basis; (2) persons directly connected with the administration or enforcement of programs required to participate in the state income and eligibility verification system (IEVS), per 7 C.F.R. § 272.8(a)(2), to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs; (3) persons directly connected with the verification of immigration status of aliens applying for SNAP benefits, through the Systematic Alien Verification for Entitlements (SAVE) Program, to the extent the information is necessary to identify the person for verification purposes; (4) persons directly connected with the administration of the Child Support Program under Part D, Title IV of the Social Security Act, in order to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Titles II and XVI of the Social Security Act; (5) employees of the Comptroller General's Office of the United States for audit examination authorized by any other provisions of law; (6) local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008, or regulation. The written request must include the: (A) identity of the person requesting the information; (B) person's authority to request the information; (C) violation being investigated; and (D) identity of the person for whom the information is requested; (7) local, state, or federal law enforcement officials acting in their official capacity, upon their written request. (A) The written request must include: (i) the name of the household member being sought; (ii) the purpose of the request is to obtain the address, Social Security number (SSN) and, when available, a photograph of the food benefit recipient; and (iii) if the member is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony, or a high misdemeanor in New Jersey, or is in violation of a condition of parole or probation imposed under a federal or state law. (B) Oklahoma Human Services (OKDHS) must accept any document that reasonably establishes the identity of the household member being sought by law enforcement authorities. (C) With the proper written request, OKDHS staff only discloses enough information to comply with the specific written request, such as the household member's address, SSN, and photograph, when available; and (8) local educational agencies administering the National School Lunch Program established under the Richard B. Russell National School Lunch Act, or the School Breakfast Program established under the Child Nutrition Act of 1966, for the purpose of directly certifying the eligibility of school-aged children for receipt of free meals under the School Lunch and School Breakfast programs based on their receipt of SNAP benefits. (b) Protection of released information. Recipients of information released under (a) of this Section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this Section. In addition, information received through IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider. Information released to OKDHS, per Section 6103(l) of the Internal Revenue Code of 1954, is subject to the safeguards established by the Secretary of the Treasury in Section 6103(l) of the Internal Revenue Code; and implemented by the Internal Revenue Service in its publication, Tax Information and Security Guidelines. (c) Case review request by household. When OKDHS receives a written request to review information contained in the case record by a responsible household member, the currently authorized representative of the household, or a person acting on the household's behalf, the information is then made available for inspection during regular OKDHS business hours. OKDHS withholds confidential information, including the: (1) names of persons who disclosed information about the household without the household's knowledge; or (2) nature or status of pending criminal prosecutions. (d) Availability of public information. SNAP rules and the Adult and Family Services Handbook are available online at www.okdhs.org and are made available for inspection upon request by the public during regular business hours in each county office and in the State Office. Federal regulations, federal procedures in Food and Nutrition Service (FNS) notices and policy memos, State Plans of Operation, and corrective action plans are available upon request for inspection by the public during regular business hours at the State Office and at FNS regional and national offices, per 7 C.F.R. § 272.1. County staff ensures that participants and other low-income households have access to information regarding non-discrimination statutes and policies, complaint procedures, and the rights of participants within 10-calendar days of the request date.

The Oklahoma Human Services (OKDHS) obtains ethnic and racial data on household members participating in the Supplemental Nutrition Assistance Program in the manner Food and Nutrition Service describes per Section 272.6(g) of Title 7 of the Code of Federal Regulations. (1) Self-identification. OKDHS asks the applicant, adult household member, or authorized representative to identify ethnic and racial information regarding all participating household members on the application, or, when necessary, during the interview. (A) The application must clearly indicate that the: (i) provision of ethnic and racial data is voluntary and will not affect the eligibility or benefit level of food benefits; and (ii) information is needed to ensure that food benefits are distributed without regard to race, color, or national origin. (B) When an applicant, adult household member, or authorized representative does not identify ethnic and racial information on the application prior to the interview, the worker asks the applicant, adult household member, or authorized representative to provide ethnic and racial information during the interview and explains the: (i) provision of ethnic and racial data is voluntary and will not affect the eligibility or benefit level of food benefits; and (ii) information is to ensure that food benefits are distributed without regard to race, color, or national origin. (2) Worker identification. When the applicant, adult household member, or authorized representative chooses not to provide ethnic and race information, the worker must not record a household member's ethnic or racial information based on visual identification. (A) The worker reviews the existing case record for verification that does not rely on visual identification. When the worker finds verification of the racial and ethnic status, the worker records this information in the eligibility system. Examples include, but are not limited to; (i) documentary evidence; (ii) the household's racial or ethnic designations on previous OKDHS forms; or (iii) other reasonable nonvisual verification. (B) When the applicant, adult household member, or authorized representative chooses not to provide racial and ethnic status information and there is no nonvisual evidence in the case record, the worker indicates that the racial and ethnic status is unknown in the eligibility system. (3) Race and Ethnic Categories. To provide flexibility and ensure data quality, separate categories are used to collect and report ethnicity and race information. (A) The applicant, adult household member, or authorized representative is asked to provide ethnicity information first. The ethnicity question is "Are you Hispanic or Latino?" The term "Spanish origin" may be used in addition to "Hispanic" or "Latino." Hispanic or Latino refers to a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (B) The applicant, adult household member, or authorized representative is then offered the option of selecting one or more racial designations. Racial designations include: (i) American Indian or Alaskan Native referring to a person with origins in the original peoples of North or South America, including Central America, and who maintains tribal affiliation or community attachment; (ii) Asian referring to a person with origins in the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, or Vietnam; (iii) Black or African American referring to a person with origins of the black racial groups of Africa. (iv) Native Hawaiian or Other Pacific Islander referring to a person with origins in the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands; or (v) White, referring to a person with origins in any of the original peoples of Europe, the Middle East, or North Africa.

(a) An applicant or recipient for the Supplemental Nutrition Assistance Program (SNAP) has the right to: (1) make application on the same day he or she initially contacts the Oklahoma Department of Human Services (DHS) in person, by phone, by mail, or through okdhslive.org; (2) designate an authorized representative; (3) be provided information about SNAP; (4) a face-to-face interview when requested; (5) have access to free interpreter services when the applicant or recipient is limited English proficient and alternative means of communication for persons with disabilities; (6) a prompt decision in writing on his or her application and, when eligible, to receive food benefits within 30-calendar days following application; (7) retroactive or lost benefits when the application is incorrectly delayed, denied, or closed; (8) the correct amount of food benefits based upon current budgetary standards; (9) equal treatment. The applicant has the right to be treated the same as all other food benefit recipients. On the basis of race, color, religious creed, national origin, political beliefs, age, sex, or disability, a person applying for SNAP is not: (A) excluded from participation; (B) denied benefits; or (C) subjected to discrimination; (10) a fair hearing when dissatisfied with any DHS decision or lack of action in regard to his or her food benefit application. The applicant or recipient also has the right to examine his or her case record and all files and documents to be used at a fair hearing; (11) withdraw his or her application at any time prior to the eligibility determination. After eligibility is determined, the applicant or recipient has the right to request closure of his or her food benefits; and (12) examine the case record upon written request from a responsible member of the household or its authorized representative. DHS may withhold confidential informationper Oklahoma Administrative Code (OAC) 340:50-1-6. (b) The applicant or recipient has the responsibility to: (1) submit an application containing a legible name, address, and signature when he or she wants to participate in SNAP; (2) participate in an interview per OAC 340:50-3-2; (3) supply information essential to a SNAP eligibility determination; (4) be accountable for all information given by the authorized representative that includes any overissuance of benefits resulting from erroneous information given by an authorized representative; (5) report certain changes. The applicant has the responsibility to report all changes that occur between the application date and the certification interview. The recipient has the responsibility to report changes in circumstances per OAC 340:50-9-5; (6) register for work, unless otherwise exempt, at the time of the initial application and at each certification renewal per OAC 340:50-5-85 and 340:50-5-86; and (7) provide a Social Security number (SSN) for each household member that wants to participate in SNAP per OAC 340:50-5-68. (c) DHS has the responsibility to: (1) accept an identifiable application when submitted. An identifiable application is an application containing a legible name, address, and a signature; (2) inform the applicant or recipient of his or her rights and responsibilities; (3) take prompt action on all applications by approving or denying the application within 30-calendar days from the date the application is submitted; (4) take prompt action on all changes to determine if the change affects the household's eligibility or entitlement; (5) notify the recipient when mid-certification and certification renewals are due per the time frames specified in OAC 340:50-9-5 and 340:50-9-6; (6) renew eligible households timely so there is not a break in the benefits the recipient is eligible to receive; (7) restore lost benefits when the food benefits were incorrectly denied, delayed, or closed; (8) give adequate and/or timely notice of action when appropriate; and (9) provide services. The local county office ensures that operating hours meet the needs of recipients or applicants who work. Each office is annually reviewed to ensure such needs are met. The results of these reviews are retained by Adult and Family Services SNAP staff for review by Food and Nutrition Services.

(a) General. The Supplemental Nutrition Assistance Program (SNAP) application process begins with a request for benefits and ends with the household's eligibility determination and household notification. (1) Oklahoma Human Services (OKDHS) must process the application no later than 30-calendar days after OKDHS receives the signed application during operating hours. When OKDHS receives an application outside of operating hours, then the application is considered to be received on the next business day. (2) Expedited services are available to households in immediate need. Refer to Oklahoma Administrative Code (OAC) 340:50-11-1 through 340:50-11-5 for expedited service criteria and procedures. (3) Persons with 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 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; a responsible household member or authorized representative may apply for SNAP. 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. 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 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) OKDHS makes Form 08MP001E, Request for Benefits readily accessible to potentially eligible households, groups, and organizations that assist persons in completing applications for SNAP. (B) When the household requests SNAP: (i) by phone, the worker first offers to submit an online application by proxy, meaning, on behalf of the household. When the household does not have time to submit the application by proxy, the worker informs the household it may submit an application online, or the worker sends 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 State Supplemental Payment (SSP) or Temporary Assistance for Needy Families (TANF), these households may apply for food benefits at the same time they apply for financial assistance. The household's eligibility and benefit level are based on SNAP eligibility criteria, and the worker certifies using SNAP rules. Refer to OAC 340:50-11-20 through 340:50-11-27 when processing food benefit applications for households approved for SSP or TANF. (D) 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 SNAP, whether requested by the household or not. (2) Head of household. A household may select a head of household provided all adult household members agree to the selection. The head of household must be 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. (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, 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 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 ensures 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 a field manager and only after the field manager 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. In such instances, 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 program staff, 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 program 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 SNAP applications is the date OKDHS receives the application during operating hours. When the household applies outside of operating hours, over the weekend, or on a holiday, the application date is the next day OKDHS is open. When an OKDHS AFS 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), 340:50-9-6(e), and 340:50-11-105(d). 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 340:50-11-20. (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.

(a) Interview requirement. All households initially applying for food benefits or completing a certification renewal must have a face-to-face or phone interview with a worker prior to certification, per Section 273.2(e) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(e)) unless the household meets criteria in (a)(2) of this Section. Staff may conduct 100 percent of all Supplemental Nutrition Assistance Program (SNAP) initial and certification renewal application interviews by phone. (1) A face-to-face interview must be conducted when the household or its authorized representative requests a face-to-face interview. (2) Certification renewal interviews may be waived for households when all adult members are elderly or disabled and have no earned income. (b) Who must be interviewed. The person interviewed may be the head of the household, spouse, any other responsible member of the household, or an authorized representative who knows the household's circumstances. When the household chooses to be interviewed face-to-face, the person interviewed may bring any person to the interview. (c) On-demand interviews. Oklahoma Human Services (OKDHS) offers all SNAP applicants the right to interview at any time during operating hours. When an interview does not occur during the application process, the household must contact OKDHS via telephone or in person unless the household qualifies for the interview waiver per (a)(2) of this Section. (1) A worker only schedules an interview when a person who must be interviewed per (b) of this Section declines the immediate interview options and requests a scheduled interview. The worker uses Form 08AD092E, Client Contact and Information Request, to schedule an interview if necessary. (2) When an interview does not occur during the application process within two-calendar days of the application date, the worker calls the household to conduct an on-demand interview. When the household: (A) answers, the worker offers to complete the interview; or (B) does not answer, refuses to interview, or does not list a telephone number, OKDHS sends Form 08AD091E, Interview Notice, to inform the household of the interview requirement and schedules the case for follow up 10-calendar days later. (3) When the household does not interview within 10-calendar days of the application date, the worker calls the household to conduct the on-demand interview. When the household: (A) answers, the worker offers to complete the interview. (B) does not answer, refuses to interview, or did not list a telephone number, the worker places case in FDENY reason "59." This process mails the household a Notice of Missed Interview and denies the application 30-calendar days after the application date, per Oklahoma Administrative Code (OAC) 340:65-3-2.1. (4) The worker does not deny the household's application prior to the 30th-calendar day . When the household contacts the worker within the 30-day application processing period, the worker offers to complete the interview. (d) Worker responsibilities during the interview. During the interview, the worker: (1) reviews the information on the application with the household and resolves unclear and incomplete information; (2) inquires if changes occurred in the household's income, deductions, or other circumstances since the application was filed; (3) informs the household of its rights and responsibilities, including: (A) work registration responsibilities, per OAC 340:50-5-85; (B) able-bodied adult without dependents work responsibilities, per OAC 340:50-5-100; (C) reporting requirements, per OAC 340:50-9-5; (D) the appropriate application processing standard, per OAC 340:50-3-1(c) and 340:50-11-4; (E) responsibility to cooperate with SNAP Quality Control (QC) when asked to do so, per (f) of this Section; and (F) an explanation of the civil rights complaint process, per OAC 340:50-1-5; and (4) conducts the interview as an official and confidential discussion of household circumstances limited to facts related to food benefit eligibility factors; (5) gives Form 08MP006E, Information for Benefit Renewal, to the household and explains benefit renewal procedures; (6) ensures the household's right to privacy is protected; (7) provides a paper or electronic copy of the completed application in the format the household requests, when requested; and (8) attempts to verify any necessary eligibility requirements during the interview. The worker gives or sends the household Form 08AD092E to request any verification that could not be verified during the interview. When the household informs the worker it is unable to furnish the required verification, the worker offers to help the applicant obtain the verification. (A) The worker's assistance may involve explaining how or where to obtain proof when the applicant is unable to do so. (B) The worker is not required to obtain proof for an applicant who is unwilling to do so. (e) Household cooperation with eligibility determination. To determine eligibility, the household or authorized representative must complete and sign the application or certification renewal, be interviewed, and provide required information. When the household does not cooperate with the worker in determining: (1) initial eligibility, the worker denies the application; or (2) continuing eligibility at mid-certification renewal or certification renewal, the worker closes food benefits. (f) Household cooperation with a QC review . When the household is selected for a QC review, the household must cooperate with the QC reviewer, per 7 C.F.R. § 273.2(d)(2). When the household refuses to cooperate, the SNAP QC administrator informs SNAP program field representative staff of the non-cooperation and SNAP program field representative staff closes the food benefit for refusal to cooperate. (1) To determine the household refuses to cooperate, the household must be able to cooperate and clearly demonstrate that it will not take the necessary actions required to complete the QC review process. (2) The household may reapply following food benefit closure, but may not be determined eligible until it cooperates with the QC review unless (3) of this subsection applies. (3) When food benefits were closed for refusal to cooperate with the QC reviewer and the household waits to reapply until after 125-calendar days from the end of the QC review period, October 1 through September 30, the household must provide verification of eligibility factors for the new application only.

(a) General verification standards. Verification is the use of documents or third party information to confirm the accuracy of statements made on the application. Refer to Oklahoma Administrative Code (OAC) 340:50-5, for non-financial verification criteria and OAC 340:50-7 for financial eligibility verification criteria. When the household must provide documentation to verify eligibility before receiving or continuing to receive benefits, the worker provides the household with Form 08AD092E, Client Contact and Information Request, that lists required verification and gives the household at least 10-calendar days to provide the verification. (b) Mandatory verification. The worker must verify the eligibility factors in (1) through (11) of this Subsection before certifying a household initially applying for Supplemental Nutrition Assistance Program (SNAP) food benefits for a normal certification period, per Section 273.2(f)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(f)(1)). When the household is eligible for expedited service processing, the worker may postpone verifying eligibility factors, other than identity, when they cannot be verified within the seven-calendar day period, per OAC 340:50-11-5. (1) Able-bodied adults without dependents (ABAWD) subject to the time limit. When there is an ABAWD subject to the food benefit time limit living in the home, the household must verify the hours the ABAWD works or participates in a work program and, if there is an indication that the ABAWD received food benefits in another state, the number of countable months received there, per 7 C.F.R. § 273.24 and OAC 340:50-5-100. (2) Citizenship and alien status. The household must verify the citizenship or alien status of household members, per OAC 340:50-5-67. (3) Disability. A household member's disability must be verified, per OAC 340:50-5-4 when it affects SNAP eligibility. (4) Gross nonexempt income. The gross nonexempt income of all household members must be verified, per OAC 340:50-7-29 and OAC 340:50-7-30. However, when attempts by the household and the worker to verify the income are unsuccessful because the person or organization that provided the income fails to cooperate and other sources of verification are unavailable, the worker uses the best available information to determine household income. (5) Household composition. The household must verify household composition, when questionable, per OAC 340:50-5-1 through 340:50-5-3. (6) Identity. The identity of the person submitting the SNAP application must be verified, per OAC 340:50-5-65. (7) Legal obligation to pay child support. Prior to allowing a deduction for legally-binding child support payments, the legal order and payment amounts must be verified, per OAC 340:50-7-31(a)(5). (8) Medical expenses. A medical expense deduction is only allowed for household members meeting the definition of elderly or disabled, per OAC 340:50-5-4. Before allowing a medical expense deduction, the household must verify medical expenses exceeding $35 per month, per OAC 340:50-7-31(a)(3). (9) Residency. The household is required to verify it resides in Oklahoma, per OAC 340:50-5-66. (10) Social Security number (SSN). Each household member must provide his or her SSN to participate in SNAP, per OAC 340:50-6-68. (11) Students. When a household member claims to be physically or mentally unfit for purposes of the student exemption, per OAC 340:50-5-45, and the unfitness is not evident to the worker, verification may be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or of a statement from a physician or licensed or certified psychologist. (c) Sources of verification. Sources of verification that may be used to establish eligibility include, but are not limited to, (1) through (8) in this subsection, per 7 C.F.R. § 273.2(f)(4). (1) Documentary evidence. The worker uses documents, whenever possible, as the primary source of verification for all items except residency and household size. Documentary evidence consists of a written confirmation of a household's circumstances. Examples of documentary evidence include wage stubs, rent receipts, and utility bills. (A) Although documentary evidence is the primary source of verification, the worker cannot limit the type of verification to a single document. The verification may be obtained from the household or another source. (B) When information from another source contradicts statements made by the household, the household is immediately afforded the opportunity to resolve the discrepancy. (C) When documentary evidence cannot be obtained or is insufficient to make an eligibility determination or benefit level, the worker uses alternate verification sources, such as collateral contacts and home visits. (2) Collateral contacts. The worker has the responsibility to verify all factors of eligibility for food benefits that may require one or more collateral contacts. The client's signature on the food benefit application , mid-certification renewal, or Form 08AD060E, Request for Release of Information, grants the necessary authorization for securing required information or verification. (A) A collateral contact is a verbal confirmation of a household's circumstances by a person outside the household. The collateral contact may be made in person or by phone. (B) The acceptability of a collateral contact is not restricted to a particular person, but may be anyone able to provide an accurate third party verification of the household's statement. Examples of acceptable collateral contacts are: (i) employers; (ii) community action groups; (iii) migrant service agencies; (iv) neighbors of the household; (v) landlords; (vi) social services agencies; or (vii) other persons outside of the household. (C) When the collateral source is one that requires written authorization before supplying information to Oklahoma Human Services (OKDHS) and the applicant or recipient's signature on the application or mid-certification renewal does not suffice, the worker obtains the appropriate household member's signature on Form 08AD060E, Request for Release of Information. (3) Home visits. A home visit may be used as verification on a case-by-case basis only when documentary evidence is insufficient or cannot be obtained from other sources and the visit is scheduled in advance with the household. (4) Discrepancies. When the worker receives unverified information from a source other than the household that contradicts the household's statements, the worker gives the household a reasonable opportunity to resolve the discrepancy prior to determining eligibility or benefits. The worker may choose to verify the information directly and contact the household only when verification efforts are unsuccessful. (5) Use of State Data Exchange (SDX) and Beneficiary and Earnings Data Exchange (BENDEX). The worker may verify Supplemental Security Income benefits (SSI) through SDX and Retirement, Survivors, and Disability Insurance (RSDI) benefits through BENDEX or through verification provided by the household. The worker may also use SDX and BENDEX data to verify other SNAP eligibility criteria except date of death. When the SSI or RSDI income reported by the household differs from the amount shown on SDX or BENDEX or is unavailable, the worker gives the household the opportunity to verify the income from another source. (6) Mandatory use of Income and Eligibility Verification System (IEVS). OKDHS must obtain information through IEVS, per procedures specified in 7 C.F.R. § 272.8 and (A) through (C) of this paragraph to help verify the household's eligibility and benefit level. (A) OKDHS must obtain: (i) wage and unemployment insurance benefits information from the Oklahoma Employment Security Commission; (ii) SSI, RSDI, federal retirement, and net earnings from self-employment, wages, and retirement income payments from the Social Security Administration; and (iii) unearned income information from the Internal Revenue Service. (B) OKDHS may exchange information with agencies in other states that administer Temporary Assistance for Needy Families, Medicaid, food benefits, unemployment compensation, or a state program administered under a plan approved under Title I, X, or XIV, or XVI of the Social Security Act. (C) The worker takes action to close, deny, or reduce benefits based on information obtained through IEVS that is considered verified upon receipt, per (e) of this Section, unless the information is questionable for a particular household. When IEVS information is questionable or not verified upon receipt, the worker obtains additional verification from the household or from the income or benefit source before taking action, per (f) of this Section for applications or OAC 340:50-9-5(i) during the certification period. (7) Mandatory use of the Systematic Alien Verification for Entitlement (SAVE). Households are required to submit documentation for every alien applying for SNAP benefits so OKDHS can verify their immigration status through the Alien Status Verification Index (ASVI). SAVE is maintained by the United States Citizenship and Immigration Services (USCIS). (A) When immigration status verification is required, the worker gives or sends Form 08AD092E, Client Contact and Information Request, to the household to provide an acceptable document within 10-calendar days. When the worker: (i) gives the household at least 10-calendar days to provide the documentation before the 30th day of the application period and the household fails to do so, the worker: (I) denies the application when immigration status documentation is required for all household members; or (II) certifies SNAP food benefits for all eligible members and denies benefits for the members whose immigration status has not been verified; or (ii) does not give the household at least 10-calendar days to provide the verification before the 30th day of the application period and the household is otherwise eligible, the worker must certify SNAP food benefits by the 30th day for the household, including the alien whose status is not verified. (B) When the household provides alien documentation, but SAVE does not confirm the validity of an alien's documents or there is a significant discrepancy between the data provided by SAVE and the information provided by the household, OKDHS submits Form USCIS G-845, Verification Request, and a photocopy of the alien's document to USCIS for further verification. The worker does not delay, deny, reduce or close the alien's food benefits pending a response from USCIS when the alien is otherwise eligible for benefits. (C) SAVE may also be used to confirm if an alien has a sponsor who signed a legally binding affidavit of support, per OAC 340:50-5-67. (8) Food stamp disqualification (FSD). OKDHS uses the FSD transaction to determine if a household member is disqualified for SNAP food benefits due to fraud at application, certification renewal, and when adding a household member to the SNAP benefit. When a household member is disqualified in Oklahoma or another state, the FSD transaction shows the date the disqualification began and the length of the disqualification. (d) Responsibility for providing verification. (1) Household responsibility. The household has primary responsibility for providing documentary evidence to support statements made on the application or certification renewal and to resolve questionable information. Households may supply documentary evidence in person, by mail, fax, or email, or through an authorized representative. (2) Worker responsibility. The worker assists the household in obtaining this verification provided the household cooperates with the worker. The worker's assistance may range from explaining how or where to obtain proof to obtaining proof when the applicant is unable to do so. (A) The worker accepts reasonable documentary evidence provided by the household and is primarily concerned with how adequately the verification confirms statements on the application. (B) The household is not required to provide multiple sources of verification when the household provided information that adequately supports the statements on the application. However, the worker may require the household to provide additional verification when the existing verification is incomplete or questionable. (C) Whenever documentary evidence is insufficient to make an eligibility decision or cannot be obtained, the worker may phone a collateral contact or make a home visit, per (b)(2) or (3) of this Section. (D) An application is never denied solely because a person outside of the food benefit household fails to cooperate in providing information, verification, or other help needed to process an application. Disqualified or ineligible persons are considered members of the food benefit household for this provision. (e) Information considered verified upon receipt. Information considered verified upon receipt is information that is not questionable or unclear and the provider is the primary source of the information. For example, RSDI and SSI income verified with the Social Security Administration (SSA) or unemployment benefits verified by the Oklahoma Employment Security Commission (OESC) through data exchange are considered verified upon receipt because SSA and OESC are primary sources. (f) Questionable information. Prior to certification, the worker must verify questionable factors of eligibility, including all factors affecting household composition, only when they affect a household's eligibility and benefit level, per 7 C.F.R. § 273.2(f)(2). For example, the worker may determine that additional verification is required when the household reports its expenses exceed its income prior to deductions. (1) Questionable information. To be considered questionable, the information on the application must be inconsistent with: (A) statements made by the applicant; (B) other information in the case record; or (C) other information received by OKDHS. (2) Documentation. There must be documentation as to: (A) the reason the information was considered questionable; (B) what documentation was used to resolve the questionable information; and (C) the reason an alternate source of documentation, such as a collateral contact or home visit, was made. (3) Determination. When determining if information is questionable, the worker bases the decision on each household's individual circumstances. (g) Documentation. Case records must be documented in detail to support eligibility, ineligibility, and benefit level determinations. (h) Verification required during the certification period. Refer to OAC 340:50-9-5 for information regarding required verification when changes occur during a certification period. (i) Verification required at certification renewal. At certification renewal, the household must verify: (1) income when the income source changed or the income amount changed by more than $50. The worker does not verify income when the source or amount of income has not changed or changed by $50 or less, unless the information provided is incomplete, inaccurate, inconsistent or outdated; (2) new or previously unreported medical expenses when a household member(s) is eligible for the medical expense deduction, per OAC 340:50-7-31. The worker also verifies recurring medical expenses that changed more than $25 since certification or the most recent certification renewal. The worker does not verify total medical expenses when the amount claimed by the household has not changed or changed by $25 or less, unless the information provided is incomplete, inaccurate, inconsistent, or outdated; (3) any changes in a household member's legal obligation to pay child support, the obligated amount, or the legally-obligated child support amount paid by a household member to or for a non-household member, including payments made to a third party on behalf of the non-household member. (A) The worker verifies the household's child support obligation and payment information through Child Support Services (CSS) when possible, unless the household disagrees with the amount provided by CSS. (B) When child support payment information is not available through CSS or the household disagrees with the amount shown, it must provide other verification to verify any changes in the legal obligation to pay child support, the obligated amount, and the amount paid to a non-household member before this deduction may be given. (C) When the child support obligation and payment amount has not changed, the worker verifies child support information only when the information provided is incomplete, inaccurate, inconsistent or outdated; (4) newly obtained social security numbers; (5) a household member's work hours when he or she is subject to work requirements, per 7 C.F.R. § 273.24 and OAC 340:50-5-100; and (6) any other information that changed since initial certification or the most recent certification renewal when it affects eligibility.

(a) Household definition. A food benefit household is composed of one of the persons or groups of persons listed in (1) through (3) of this subsection, unless otherwise specified in this Section. Per Section 273.1 of Title 7 of the Code of Federal Regulations, a food benefit household is a: (1) person who lives alone; (2) person or group of persons who lives with others, but customarily purchases food and prepares meals for home consumption separate and apart from the others; or (3) group of persons who lives together and customarily purchases food and prepares meals for home consumption. (b) Required household combinations. Separate food benefit household status may not be granted to persons described in (1) through (4) of this subsection even if they customarily purchase food and prepare meals for home consumption separate and apart from the others. Persons living together that must be included in the food benefit household include: (1) a ceremonial or common law spouse of a household member; (2) children 21 years of age and younger who live with their natural or adoptive parent(s) or stepparent(s); (3) children who are 17 years of age and younger and live with, and are under the parental control of, a household member other than their natural or adoptive parent(s) or stepparent(s). (A) The worker considers a child to be under parental control for purposes of this provision if the child is financially or otherwise dependent on a food benefit household member and is not defined as an adult. A minor is considered emancipated when the district court confers upon the minor the rights of majority, per Chapter 4 of Title 10 of the Oklahoma Statutes. (B) This provision does not apply to foster children or children placed in the home by Developmental Disabilities Services; or (4) persons who live together and customarily purchase and prepare meals together except per (c) of this Section. (c) Elderly and disabled persons. An otherwise eligible household member who is 60 years of age and older and is unable to purchase and prepare meals because the member suffers from a disability considered permanent under the Social Security Act, or a non-disease related, severe, permanent disability, may be considered, together with the member's spouse, a separate household from the rest of the household. (1) Oklahoma Human Services (OKDHS) workers must not grantseparate household status when the gross income of the others with whom the member and the member's spouse live exceeds 165 percent of the federal poverty level, per OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, Table III. (2) When it is not obvious a member suffers from a non-disease related, severe, permanent disability or the member is unable to purchase and prepare meals, the worker requests a physician's statement explaining the disability or inability to purchase and prepare meals. (3) Refer to Oklahoma Administrative Code (OAC) 340:50-5-4 to determine if a person is disabled under the Social Security Act when the person does not receive disability payments. (d) Periods of absence. No person may participate as a part of a Supplemental Nutrition Assistance Program (SNAP) household unless the person returns to the home at least one day each month and shares a meal with the household. This rule includes persons who are away for extended periods during the month working, attending school, or similar situations. (1) A student who attends a boarding school, including the state schools for the deaf and blind, is not institutionalized when the student lives in the home on the weekend and holidays. (2) A child who lives with a parent at least one day per month and eats with the household may be a part of the parent's food benefit household as long as the child is not included in another active food benefit household. In instances where both the child's parents participate in SNAP during the same month, the parent who has the child the majority of the time includes the child in that parent's SNAP household. When the child lives in each parent's home the same amount of time, the parent who adds the child to SNAP first includes the child. (3) When a foster family elects not to include a child in OKDHS custody per OAC 340:50-5-5 and the child is in a trial reunification, the child's parent may claim the child as a part of the household. To include the child, the trial reunification must occur at the parent's home, and the child must share a meal with the parent. (e) Persons ineligible for SNAP food benefits. Persons who are ineligible to receive SNAP food benefits as separate households or as a member of any household include: (1) certain non-household members, per OAC 340:50-5-5; (2) households or household members participating in a food distribution program operated by Indian tribal organizations, per OAC 340:50-5-7; (3) residents of institutions, per OAC 340:50-5-7.1; and (4) persons considered disqualified or ineligible, per OAC 340:50-5-10.1.

(a) Definition of elderly or disabled. Per 271.2 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 271.2), an elderly or disabled household member is defined as a person who: (1) is 60 years of ageand older; (2) receives Supplemental Security Income (SSI) under Title XVI of the Social Security Act or disability or blindness paymentsunder Titles I, II, XIV, or XVI of the Social Security Act; (3) receives federal- or state-administered supplemental benefits under Section 1616(a) of the Social Security Act based upon the disability or blindness criteria used under Title XVI of the Social Security Act; (4) receives federal- or state-administered supplemental benefits under Section 212(a) of Public Law 93-66; (5) receives disability retirement benefits from a government agency because of a disability considered permanent under Section 221(i) of the Social Security Act; (6) is a veteran with a service-connected or non-service-connected disability rated by the United States Department of Veteran's Affairs (VA) as total or paid as total by the VA under Title 38 of the United States Code. Benefits may be considered compensation or pension; (7) is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code; (8) is a surviving spouse of a veteran who VA considers in need of regular aid and attendance or permanently housebound or is a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under Title 38 of the United States Code (U.S.C.); (9) is a surviving spouse or surviving child of a veteran and VA considers to be entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under Title 38 of the U.S.C and has a disability considered permanent under Section 221(i) of the Social Security Act."Entitled" as used in this definition refers to those veterans' surviving spouses and children who are receiving VA compensation or pension benefits, or who were approved for the payments but are not receiving them yet; (10) receives an annuity payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and, is determined to be eligible to receive Medicare by the Railroad Retirement Board or Section 2(a)(1)(v) of the Railroad Retirement Act of 1974, and is determined to be disabled based upon the criteria under Title XVI of the Social Security Act; or (11) receives interim assistance benefits pending the receipt of SSI or is a recipient of disability related medical assistance under Title XIX of the Social Security Act, provided that the eligibility to receive these benefits is based upon disability or blindness criteria that are at least as stringent as those used under Title XVI of the Social Security Act, as set forth at 20 C.F.R. Part 416, Subpart I, Determining Disability and Blindness as defined in Title XVI. (b) Required verification. Per 7 C.F.R. § 273.2(f)(1)(viii), the household must verify that the household member meets one of the disability definitions, per (a)(2) through (11) of this Section before certifying the person as disabled when it affects the eligibility determination. For a household member to meet the disability definition, per: (1) (a)(2) through (a)(4) of this Section, the household must provide proof that the household member receives benefits under Titles I, II, X, XIV, or XVI of the Social Security Act; (2) (a)(6) of this Section, the household must provide a statement from the VA that clearly indicates the disabled household member receives VA disability benefits for a service-connected or non-service-connected disability and that the disability is rated as total or paid at the total rate by VA; (3) (a)(7) and (8) of this Section, proof that the household member receives VA disability benefits is sufficient verification of disability; (4) (a)(5) and (9) of this Section, the household member must have a condition(s) that keeps him or her from pursuing a substantial, gainful activity for 12 months despite adherence to prescribed treatment. Refer to the Social Security Administration's (SSA) current list of disabilities considered permanent, per 20 C.F.R. § 416.925 and 20 C.F.R. Appendix 1 to Subpart P of Part 404. When it is: (A) obvious to the worker that the person has one of the listed disabilities, the household is considered to have verified the household member's disability; or (B) not obvious to the worker, the household must provide a statement from a physician or licensed or certified psychologist certifying that person has one of the nonobvious disabilities listed; (5) (a)(10) of this Section, the household must provide proof the household member receives a Railroad Retirement disability annuity from the Railroad Retirement Board and was determined to qualify for Medicare; or (6) (a)(11) of this Section, the household must provide proof that the individual receives interim assistance benefits pending SSI receipt or SoonerCare (Medicaid) benefits based on categorical relationship to disability. (c) Disability related to purchasing and preparing meals. A household member who is 60 years of age and older and his or her spouse may be considered a separate household, per §273.1(b)(2) and Oklahoma Administrative Code 340:50-5-1 when the person suffers from a disability considered permanent by SSA, per 20 C.F.R. § 416.925 and 20 C.F.R. Appendix 1 to Subpart P of Part 404, or a non-disease-related, severe, permanent disability and is unable to purchase and prepare meals. When it is: (1) obvious that the person is unable to purchase and prepare meals because he or she suffers from a severe physical or mental disability, the person is considered disabled for this provision even when the disability is not listed on the SSA list; or (2) not obvious, the household must provide a statement from a physician or licensed or certified psychologist certifying that the person is unable to purchase and prepare meals because he or she suffers from one of the nonobvious disabilities mentioned in the SSA list or some other severe, permanent physical or mental disease or non-disease-related disability.

(a) Non-household members. Persons residing with a household who cannot be considered members of the food benefit household are non-household members. Oklahoma Human Services (OKDHS) does not consider non-household members when determining the household's eligibility or food benefit allotment. Non-household members are described in (1) through (6) of this subsection. Except for ineligible students, persons who cannot be a separate food benefit household, per Section 273.1(b)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.1(b)(1)) and Oklahoma Administrative Code (OAC) 340:50-5-1(b), are not considered non-household members. (1) Roomers. Roomers are persons to whom the household provides lodging for compensation, but not meals. They may participate in the Supplemental Nutrition Assistance Program (SNAP) as separate households. (2) Boarders. Boarders are residents of a commercial boarding house or persons to whom the household provides lodging and meals and who pay a reasonable monthly payment for board, per 7 C.F.R. § 273.1(b)(3). (A) A commercial boarding house is an establishment that offers meals and lodging for compensation with the intention of making a profit, regardless of the number of residents. Boarders who live in a commercial boarding house are not eligible to participate in SNAP. (B) All other persons or groups of persons that pay a reasonable amount for meals or meals and lodging are considered boarders and are only eligible to participate in SNAP when included in the same food benefit household that provides the board. The household providing the board has the option of applying and receiving SNAP food benefits, when eligible, independent of the boarder(s), or the household providing the board may choose to include the boarder(s) in its food benefit household. (C) To be considered a reasonable monthly payment for board, a boarder whose arrangement is for: (i) more than two meals per day must pay an amount that equals or exceeds the maximum food benefit allotment amount for the appropriate boarder household size as shown on OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions; or (ii) two meals or less per day must pay an amount that equals or exceeds two-thirds of the food benefit allotment for the appropriate boarder household size as shown on (OKDHS) Appendix C-3. (D) A person(s) paying less than a reasonable monthly payment for board is not considered a boarder and must be included as a member of the household providing the board. (3) Children in foster care or children placed by OKDHS Developmental Disabilities Services (DDS). Children in foster care or children placed by DDS with extended family care providers must be considered boarders unless the household providing foster care services requests the children be included as food benefit household members. The children cannot participate in SNAP independently of the household providing the foster care or DDS services. (A) Foster care payments and DDS room and board reimbursements are considered as income to the children and are: (i) not included as income to the household caring for the children when the children are not included in the food benefit household; and (ii) counted as income to the household when the host household chooses to include the children as members of the food benefit household. (B) The income paid to the extended family care provider by DDS for care rendered is counted as earned income to the provider, per OAC 340:50-7-29(b)(8). (4) Live-in attendants. Live-in attendants are persons who reside in a household to provide medical, housekeeping, child care, or other similar services. They may participate as a separate household in SNAP unless OAC 340:50-5-1(b) applies. (5) Students. Students are persons enrolled in an institution of higher education who are ineligible because they fail to meet the eligibility criteria,per OAC 340:50-5-45(a). (6) Others. Others are persons who share living quarters with the household but who do not customarily purchase food or prepare meals with the household. (b) Non-household members' income. Non-household members' income is not counted in determining the food benefit household's income eligibility, per 7 § C.F.R. 273.11(d). Refer to OAC 340:50-7-29(d) to determine how to consider disqualified or ineligible household members' income. When an eligible household member's earned income and a non-household member's earned income is combined into one wage, the worker determines the income for the eligible household members by: (1) counting the portion due to eligible household members, when it is possible to identify the household's share; or (2) prorating the earned income equally among the persons the earnings are intended to cover and counting the prorated portion due to the eligible household members, when it is not possible to identify the household's share. (c) Deductible expenses. When the household shares deductible expenses with a non-household member, except for utility expenses per (1) of this subsection, the worker only deducts the amount the food benefit household actually paid or contributed as a household expense, per 7 § C.F.R. 273.11(d)(1). (1) When the food benefit household pays part of the utility expenses, the household is allowed the full utility standard deduction that it qualifies for based on criteria, per 7 § C.F.R. 273.9(d)(6)(iii)(F) and OAC 340:50-7-31. (2) When the payments or contributions cannot be differentiated, the worker prorates the expenses evenly among persons actually paying or contributing to the expenses and deducts only the household's pro rata share.

There are several ITOs operating FDPs in Oklahoma. Households or any member of a household participating in a FDP are not eligible to participate in the Oklahoma Department of Human Services (DHS) Supplemental Nutrition Assistance Program (SNAP) for the same month. (1) A household may elect to participate in the FDP instead of SNAP when the household: (A) includes at least one adult household member of any Indian tribe; and (B) lives within the boundaries of an ITO location in a rural area or in a town with a population of less than 10,000 persons. (2) A household may switch between the FDP and SNAP as long as there is no dual participation for any member for the same month. (3) To ensure dual participation does not occur, exchange of client benefit information between ITO and DHS is needed. (A) The worker is responsible for calling the appropriate ITO when there are indications an applicant or recipient meets FDP eligibility criteria, before approving or renewing food benefits. (i) ITOs in Oklahoma are listed on DHS Appendix D-4-C, Indian Food Distribution Programs. (ii) When calling, the worker verifies if the household currently receives FDP and if the household was certified since the date of the last inquiry. (iii) When an FDP case is open, the worker must verify, by phone call to or written notice from the FDP office, that FDP benefits are closed before certifying a household for food benefits. (B) The FDP office contacts the county office to determine if the household receives food benefits before approving the household for a FDP. The worker provides the ITO with information pertinent to participation in, or eligibility for SNAP food benefits. (4) When the worker discovers the household received FDP benefits and SNAP food benefits for the same month or months, the household is responsible for repaying the overpayment to DHS or the ITO. When the household was receiving FDP benefits at the time of SNAP certification, it is a SNAP food benefit overpayment. (5) When a client is disqualified from FDP or SNAP, he or she is prohibited from receiving benefits from the other program per Section 273.11(k) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.11(k)).

Persons are considered residents of an institution when the institution provides them with over 50 percent of three meals daily as part of the institution's normal services. Per Section 273.1(b)(7)(vi) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.1(b)(7)(vi)), residents of institutions are not eligible for participation in the Supplemental Nutrition Assistance Program unless they are: (1) residents of federally subsidized housing for the elderly, built either under Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act; (2) residents of a drug addiction or alcoholic treatment and rehabilitation program, meeting criteria per Oklahoma Administrative Code (OAC) 340:50-5-26; (3) residents of group homes who are considered blind or disabled per OAC 340:50-5-4 when the group home meets criteria per OAC 340:50-5-27. Group home means a private or public non-profit, residential setting serving no more than 16 residents certified by the Oklahoma State Department of Health per Section 1616(e) of the Social Security Act; (4) victims of domestic violence and their children temporarily residing in a domestic violence shelter meeting criteria, per OAC 340:50-5-28. A domestic violence shelter means a public or private non-profit, residential facility serving victims and their children. When the facility also serves other persons, a portion of the facility must be set aside on a long-term basis to serve only victims of domestic violence and their children; or (5) residents of public or private non-profit shelters for homeless persons when the shelter meets criteria per OAC 340:50-5-30.

(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).

Residents of drug addiction or alcoholic treatment centers are certified for program participation through the use of an authorized representative who is an employee of, and designated by the publicly-operated, community mental health center or the private, non-profit organization or institution administering the treatment and rehabilitation program. The organization or institution receives and spends the food benefit allotment for food prepared by or served to a person who is drug or alcohol addicted. (1) Persons addicted to drugs or alcohol in treatment programs. Persons addicted to drugs or alcohol who regularly participate in publicly operated or private non-profit drug or alcoholic treatment and rehabilitative programs on a resident basis may voluntarily apply for the Supplemental Nutrition Assistance Program. The child of a resident who lives with his or her parents in the treatment center may also qualify to participate. Residents have eligibility determined as a one person household or, when applicable, as a family unit. They may use all or part of the food benefits issued to them in the treatment center to purchase food prepared for them during the treatment program. (A) Residents of treatment centers are certified using the same provisions that apply to all other applicant households except certification is completed through use of authorized representatives. (B) Participants in a drug addict or alcoholic treatment and rehabilitative program are exempt from the work registration requirement. Participation must be verified through the organization or institution operating the program before granting the exemption if the information is inconsistent with other information on the application, previous application, or other documented information. (2) Approved centers. The drug or alcohol treatment and rehabilitative center must be approved by the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), or by Food and Nutrition Services (FNS) as a retailer. (3) Center responsibility. All treatment and rehabilitative centers must provide the local human services center (HSC) with a list of currently participating residents on a monthly basis. This list must include a statement signed by a responsible center official attesting to the validity of the list. (4) When participant leaves the center. When a participant leaves a treatment center, the center: (A) notifies the departing resident household they may have food benefits left in their Electronic Benefit Transfer (EBT) account. (i) The departing household receives its full food benefit if no food benefits have been spent on behalf of that person's household. These procedures are applicable any time during the month. (ii) The center accesses only half of the food benefits in the resident's EBT account prior to the 15th of the month. (iii) If the resident remains in the facility after the 15th day of the month, the remaining food benefits may be accessed on behalf of the resident. (iv) If the household leaves after the 16th day of the month and the food benefits have already been issued and used, the household does not receive any further food benefits for that month; (B) is no longer allowed to act as that person's authorized representative; (C) provides, if possible, the person with Form 08FB038E, Changes in Household Circumstances, and advises the person to complete the form showing his or her new circumstances and to return the form to the local HSC within ten calendar days; (D) informs the departing household they must go to the local HSC to secure their own Access Oklahoma card; (E) deactivates immediately the Access Oklahoma card by calling the phone number shown on the back of the card; and (F) notifies the HSC the participant left the treatment center. (5) Reporting changes. The treatment center must notify the HSC of changes in the household income or other household circumstances required to be reported as outlined in OAC 340:50-9-5. (6) Treatment center liability. The organization or institution is responsible for any misrepresentation or fraud it knowingly commits in the certification of treatment center residents. (A) As an authorized representative, the organization or institution must be knowledgeable about the households' circumstances and carefully review these circumstances with residents prior to applying on their behalf. (B) The organization or institution is strictly liable for all losses or misuse of food benefits held on behalf of resident households and for all over issuances which occur while the households are residents of the treatment center.

Residents of group homes may be certified for food benefits through the use of an authorized representative who is designated by and is an employee of the group home. The group home may either receive and spend the food benefits for food prepared by or served to the eligible resident or allow the eligible resident to use all or any portion of the food benefit allotment on his or her own behalf. (1) Residents in group homes. (A) Residents of group homes who are disabled or blind as defined in OAC 340:50-5-4 may voluntarily apply for food benefits. The resident may apply and be certified: (i) through an authorized representative employed and designated by the group home; (ii) on his or her own behalf; or (iii) through an authorized representative of his or her own choice. (B) The group home determines what method the resident uses to make application based on the resident's mental and physical ability to handle his or her own affairs. The group home consults with other agencies providing services to the resident in making this determination. (C) If the resident applies through the use of the group home's authorized representative, eligibility is determined for a single person household. The household must meet all conditions of eligibility. (D) If the resident applies on his or her own behalf or through an authorized representative of his or her own choice, household size is determined in accordance with the definition in OAC 340:50-5-1. (i) The food benefits may either be turned over to the facility to be used to purchase food for meals served communally or individually to eligible residents, used by the eligible resident to purchase and prepare his or her own food, or to purchase meals prepared and served by the group. (ii) The resident is responsible for reporting changes in circumstances. (2) Approved group homes. The group home must be approved by the Developmental Disabilities Services Division (DDSD) or by Food and Nutrition Services (FNS) as a retailer. (3) Group home's responsibility. Each group home must provide the local human services center (HSC) with a list of currently participating residents on a monthly basis. Included on this list is a statement signed by a responsible official of the group home attesting to the validity of the list. (A) When the group home is acting in the capacity of authorized representative, it is responsible for notifying the HSC of changes in income or other household circumstances required to be reported. [OAC 340:50-9-5] (B) The group home has no responsibility to report changes for residents certified on their own behalf or through an authorized representative of their own choice. (4) When participant leaves the group home. (A) When a participant leaves the group home, the group home acting as an authorized representative or retaining use of the resident's food benefits must: (i) notify the departing resident there may be benefits remaining in his or her Electronic Benefit Transfer (EBT) account. (I) The departing household receives its full food benefit if no food benefits have been spent on behalf of that individual household. These procedures are applicable any time during the month. (II) The group home accesses only half of the food benefits in the resident's EBT account prior to the 15th of the month. (III) If the resident remains in the facility after the 15th day of the month, the remaining food benefits may be accessed on behalf of the resident. (IV) When the household leaves after the 16th of the month and the food benefits have already been issued and used, the household does not receive any further food benefits for that month; (ii) no longer act as authorized representative for that person; (iii) inform the departing household they must go to the local Oklahoma Department of Human Services (OKDHS) HSC office to secure their own Access Oklahoma card; (iv) deactivate immediately the Access Oklahoma card by calling the phone number shown on the back of the card when the resident leaves the group home; and (v) notify the HSC office the person left the group home. (B) Residents who applied on their own behalf and retained use of their own food benefits are entitled to keep the food benefits when they leave. (C) The group home, if possible, provides the household leaving the facility with a Form 08FB038E, Changes in Household Circumstances, and advises the person to complete the form showing his or her new circumstances and to return the form to the local OKDHS HSC within ten calendar days. (5) Group home liability. When the group home is acting as an authorized representative, the organization is responsible for any misrepresentation or fraud it knowingly commits in the certification of residents. (A) As an authorized representative, the organization must be knowledgeable about the household's circumstances and carefully review these circumstances with residents prior to applying on their behalf. (B) The organization is strictly liable for all losses or misuse of food benefits held on behalf of resident households and for all over issuances which occur while the households are residents of the group home. (C) The group home is not liable for over issuances for residents certified on their own behalf or through an authorized representative of their own choice.

Residents of shelters for victims of domestic violence and their children may apply and be certified for food benefits on their own behalf using program requirements applicable to any other household, per Section 271.2 and 273.11(g) of Title 7 of the Code of Federal Regulations. Shelter residents may name a shelter staff member or other person to act as an authorized representative for application and certification purposes; however, the residents are expected to control their own food benefits. (1) Verification for shelter status. Oklahoma Department of Human Services (DHS) staff are responsible for verifying the shelters meet the definition for domestic violence shelters, per Oklahoma Administrative Code (OAC) 340:50-5-7.1(4). (A) Non-profit status verification is accomplished by seeing Internal Revenue Service (IRS) correspondence, stipulating the organization is tax-exempt as a charitable or educational entity, per Section 501(c)(3) of the IRS code. (B) When IRS documentation is not available, the worker sends a copy of the shelter's by-laws to Adult and Family Services Supplemental Nutrition Assistance Program (SNAP) to determine non-profit status. (C) SNAP staff notifies the worker of the non-profit status determination. (D) The county director is responsible for keeping a list and, the supporting documentation, of domestic violence shelters in the county whose status is verified. (2) Separate households. A shelter resident included in another active household may participate as a separate household when the active household includes the person who abused the resident. The resident may receive an additional allotment as a separate household once a month. The worker takes prompt action to remove shelter residents from the active household's composition and allotment. (3) Income and expenses. The worker certifies a resident applying as a separate household based on the resident's current income and expenses. When the shelter charges a room payment, it is considered a shelter expense for the resident. The worker excludes the income and expenses of the resident's former household. The worker expedites processing the application when the resident meets expedited services criteria, per OAC 340:50-11-1.

(a) A household is not required to have a fixed residence in order to receive food benefits. A homeless household may include one or more homeless persons. (b) Per 271.2 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 271.2), homeless person means a person who lacks a fixed and regular nighttime residence or a person whose primary nighttime residence is a: (1) supervised shelter designed to provide temporary accommodations; (2) half-way house or similar institution providing temporary residence for persons intended to be institutionalized; (3) temporary accommodation in the residence of another person of not more than 90-calendar days from the application date. The worker applies the 90-calendar day time frame to each subsequent temporary accommodation in a different household and location; or (4) place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings, such as a hallway, bus station, lobby, car, or similar places. (c) Per 7 C.F.R. § 273.2(f)(4)(v) and Oklahoma Administrative Code 340:50-7-31, when a homeless household incurs or expects to incur a shelter cost during the month, the household is eligible for the standard homeless shelter deduction, per Oklahoma Department of Human Services Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, or the excess shelter deduction, whichever results in the most food benefits for the household. Homeless shelter costs may include a monthly vehicle payment when the household lives in the vehicle, payments to friends or neighbors for sleeping accommodations, camping fees, or hotel or motel charges.

(a) Supplemental Nutrition Assistance Program (SNAP) eligibility. A student enrolled in an institution of higher education at least half-time per (b) of this Section may not receive Supplemental Nutrition Assistance Program (SNAP) benefits unless the student meets an exemption per (c). Students who are not enrolled at least half-time in an institution of higher education per (b) of this Section may participate in SNAP when they meet all other eligibility criteria. (b) Student classification. Section 273.5 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.5)requires students to meet an exemption when they are enrolled at least half-time in an institution of higher education. (1) An institution of higher education includes a: (A) business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate to enroll in the curriculum. Schools or courses that do not require a high school diploma or equivalency certificate are not considered an institution of higher education; or (B) college or university that offers degree programs even when a high school diploma or equivalency certificate is not required to enroll. A college includes a junior, community, two-year, or four-year college, or university. (i) Students enrolled at least half time in the regular curriculum are enrolled in higher education. (ii) Students enrolled in a special program at a college or university, such as English as a second language course or other courses that are not part of a regular degree program are not enrolled in higher education. (2) Student status begins on the first day of the school term for students who have: (A) not attended an institution of higher education previously; or (B) had a break of more than a semester since they last attended. (3) Persons are students during normal periods of class attendance, vacation, and other breaks unless the student: (A) graduates; (B) is expelled or suspended; (C) drops out; or (D) does not intend to register for the next normal school term, excluding summer school. (c) Student exemptions. The students described in this subsection may participate in SNAP when they meet all other eligibility criteria. The student is either: (1) younger than 18 years of age or 50 years of age and older; (2) physically or mentally unfit. (A) When the student claims mental or physical unfitness and the unfitness is not evident to the worker, verification may be required. (B) Appropriate verification may consist of: (i) receipt of temporary or permanent disability benefits issued by governmental or private sources; (ii) participation in a state vocational rehabilitation program; or (iii) a statement from a physician or licensed or certified psychologist; or (3) participating in an on-the-job training (OJT) program. Students are participating in OJT programs only during the period of time the students are being trained by the employer; (4) employed for an average of 20 hours per week or 80 hours per month and paid for that employment. Earning wages equal to the federal minimum wage times 20 does not qualify the person for this exemption; (5) self-employed for an average of 20 hours per week or 80 hours per month and receives weekly earnings at least equal to the federal minimum wage times 20; (6) participating in a state or federally financed work study program during the regular school year. (A) To qualify under this provision, the student must be approved for work study at the time of application for food benefits. (i) The work study must be approved for the school term, and the student must anticipate actually working during the school term. (ii) The exemption begins with the month the school term begins or the month work study is approved, whichever is later. (iii) Once begun, the exemption continues until the end of the month the school term ends or it becomes known the student refused an assignment. (B) The exemption does not continue between terms when there is a break of a full month or longer unless the student participates in a work study program during the break; or (7) responsible for the care of a dependent household member under six years of age. Only one person may be responsible for a dependent child. The caretaker need not be the person providing for the child's support; (8) responsible for the care of a dependent household member, six through 11 years of age, and the worker determines that adequate child care is not available to enable the student to attend class and work an average of 20 hours per week or participate in a state or federally financed work study program. (A) The reasons for lack of adequate child care include, but are not limited to, the lack of an available licensed and contracted child care facility within a reasonable distance from the student's home or school or the availability of funds to pay child care expenses. Determination of availability of adequate child care is made on a case-by-case basis. (B) Only one person may be responsible for the care of a dependent child. The caretaker need not be the person providing for the child's support; or (9) a single parent enrolled in an institution of higher education on a full-time basis, as determined by the institution, and responsible for the care of a dependent child younger than 12 years of age, regardless of the availability of child care. (A) This provision applies in those situations where only one natural, adoptive, or stepparent, regardless of marital status, is in the same food benefit household as the child. (B) When no natural, adoptive, or stepparent is in the same food benefit household as the child, another full-time student in the same food benefit household as the child may qualify for this exemption when the student has parental control over the child and does not live with the student's spouse; (10) a Temporary Assistance for Needy Families (TANF) recipient; (11) assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the employment and training programs identified in (A) through (D) of this paragraph. Employment and training programs include: (A) the Workforce Innovation and Opportunity Act Program; (B) a food benefit employment and training program, such as OK SNAP Works, per 7 C.F.R. § 273.7, subject to the condition that the course or program of study, as determined by Adult and Family Services (AFS) SNAP staff, is: (i) part of a career and technical education program, per Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006; and Section 2302 of Title 20 of the United States Code (20 U.S.C. § 2302), designed to be completed in not more than four years at an institution of higher education, per Section 102 of the 1998 Amendments to the Higher Education Act of 1965, 20 U.S.C. § 1002; or (ii) limited to remedial courses, basic adult education, literacy, or English as a second language; (C) a program under Section 236 of the Trade Act of 1974 currently known as The Trade Adjustment Assistance Program and administered by the Oklahoma Employment Security Commission; or (D) a state or local government-operated employment or training program for low-income households where one or more components of the program is at least equivalent to an acceptable SNAP employment and training program as specified, per 7 C.F.R. § 273.7(e)(1) and as determined by AFS SNAP staff; or (12) enrolled as a result of participation in the Job Opportunities and Basic Skills program under Title IV of the Social Security Act or its successor program. (d) Income and deductible expenses of an ineligible student. When the student is not eligible to receive food benefits per this Section, the student is a non-household member, and OKDHS does not count the student's income and prorates the household's expenses, per Oklahoma Administrative Code (OAC) 340:50-5-5.

(a) Definition. A striker is defined as anyone involved in a strike or concerted work stoppage by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees, per Section 273.1 of Title 7 of the Code of Federal Regulations. Households with one or more members on strike are ineligible for Supplemental Nutrition Assistance Program (SNAP) food benefits unless the household received or was eligible to receive SNAP food benefits the day prior to the strike, per (c) of this Section. (b) Persons not considered strikers. Persons who are not considered strikers include employees: (1) affected by a lockout. A lockout occurs when an employer closes the workplace or otherwise bars employees from working in order to resist employee demands; (2) unable to work as a result of striking employees; (3) who are not part of the bargaining unit and do not want to cross a picket line due to fear of personal injury or death; or (4) who are exempt from the work registration requirement, per Oklahoma Administrative Code (OAC) 340:50-5-86, the day before the strike for reasons other than employment. (c) Income determination. When a household applies for SNAP food benefits after a household member goes on strike, eligibility at application is determined by comparing the striking member's income the day before the strike to the striker's current income. The worker considers the higher of the two as countable income for the striking member, adds the income to the non-striking members' current income, and allows the usual deductions,per OAC 340:50-7-31, to determine eligibility. When a household receives SNAP food benefits the day prior to the strike and reports a loss of income due to the strike,the worker does not increase the food benefit because of this income loss.

Migrant farm laborers usually have little or no income upon arriving at a work area and must be assessed for expedited services per Section 273.10(e)(3) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.10(e)(3)) and Oklahoma Administrative Code (OAC) 340:50-11-1. (1) Income. In addition to income declared by the household, the worker explores the possibility that out-of-state real property is being rented or is producing income. When the household has income producing home or other real property, the worker adds the income to all other household income to determine eligibility and food benefit allotment. (2) Exempt income of children in migrant households. When migrant households receive one payment for work performed by all household members, the worker excludes the earned income of a student 17 years of age and younger. To exclude the income, the worker prorates the income equally among all working household members and subtracts the student's portion. (3) Income deductions. When the migrant household is responsible for deductible expenses per OAC 340:50-7-31, the worker deducts the expenses from the household's income. (4) Work registration. Employable members of migrant households who are not employed at least 30 hours per week or receiving weekly earnings equal to the federal minimum wage times 30 hours must register for and accept suitable employment the same as for other persons. Per 7 C.F.R. § 273.7(b)(vii), migrant and seasonal farm workers under contract or similar agreement with an employer or crew chief to begin employment with 30-calendar days are exempt from work registration due to employment.

(a) Sponsored alien definition. A sponsored alien is an eligible and qualified alien, per Oklahoma Administrative Code (OAC) 340:50-5-67, whose sponsor executed an affidavit of support,United States Citizenship and Immigration Services (USCIS) Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA), or Form I-864A, Contract Between Sponsor and Household Member, on behalf of the alien, per Section 213A of the INA and Section 273.4(c) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.4(c). A sponsored alien is subject to deeming requirements, per (d) of this Section, unless he or she meets an exemption criteria, per (b) of this Section. (b) Sponsored aliens exempt from deeming. Sponsored aliens exempt from income and resource deeming requirements include: (1) aliens who are a battered spouse, parent of a battered child, or child of a battered person when they live in a separate residence from the person responsible for the battery and, the battering is substantially connected to the need for benefits. The worker grants the exemption for a 12-month period. After the 12-month exemption period expires, Oklahoma Human Services (OKDHS) continues to not deem the batterer's income or resources to the sponsored alien, when: (A) the battery is recognized by a court or the USCIS; (B) OKDHS determines that the battery has a substantial connection to the need for benefits; and (C) the sponsored alien does not live with the batterer; (2) aliens who are members of their sponsor's Supplemental Nutrition Assistance Program (SNAP) food benefit household as the sponsor's income already counts. When the sponsor receives food benefits in another household, the sponsor's income and resources must be deemed; (3) aliens who are not required to have a sponsor under the INA, such as refugees, parolees, asylees, and Cuban or Haitian entrants; (4) sponsored alien children or a sponsored alien's citizen children, who are younger than 18 years of age; (5) aliens sponsored by an organization or group instead of a person; or (6) indigent aliens. An indigent alien is an alien that OKDHS determines is unable to obtain food and shelter after taking into account his or her own income plus any cash, food, housing, or other assistance provided by the sponsor or other persons. (A) The "unable to obtain food and shelter" phrase means that the sum of the sponsored alien's household's own income and the cash and in-kind assistance provided by the sponsor or others does not exceed 130 percent of the poverty level income guidelines by household size, per OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions. When determining indigence, the worker considers the sponsored alien's income and other assistance provided in the month of application. (B) Before making an indigent determination, the worker must: (i) explain the purpose of the determination to the sponsored alien or his or her authorized representative, including the requirement to send a written notice of the determination to the United States (U.S.) Attorney General; and (ii) give the person the opportunity to refuse the determination. (C) When the sponsored alien refuses to have an indigence determination made because of the U.S. Attorney General reporting requirement, the worker informs the alien that he or she may: (i) refuse food benefits for himself or herself without withdrawing the entire household's application. When the alien chooses this option, he or she is considered an ineligible alien and his or her income is prorated among all household members, per OAC 340:50-7-29(d)(2), without consideration of the sponsor's or sponsor's spouse's income; or (ii) have his or her eligibility and benefits determined based on the deeming formula, per (d) of this Section. (D) When the alien consents to the indigent determination and reporting requirement and is considered indigent, per (A) of this paragraph, the worker only deems the amount of assistance actually provided, beginning with the determination date and ending 12 months after this date. Each indigence determination may be renewed for additional 12-month periods. OKDHS notifies the U.S. Attorney General of each indigence determination and the sponsor's and sponsored alien's names. (c) Eligible sponsored alien responsibilities. When the sponsored alien is subject to deeming, he or she is responsible for: (1) providing OKDHS with information and documentation necessary to determine eligibility, per OAC 340:50-3-3, and calculate income and resources, per (d) of this Section at application and certification renewal; (2) providing documents showing the INA under which the alien was admitted, his or her entry date into the U.S., birthdate, birthplace, and alien registration number; (3) providing the sponsor's and sponsor's spouse's names, address, phone numbers, and the number of dependents claimed on the sponsored alien's tax return; (4) providing the names and other identifying factors regarding any other aliens for whom the sponsor signed an affidavit of support, per (a) of this Section; and (5) reporting required changes that occur during the certification period, per OAC 340:50-9-5, which may include: (A) information about a new sponsor and the sponsor's spouse when the sponsored alien obtains a new sponsor during the certification period; (B) a change in income if the sponsor or sponsor's spouse changes or loses employment; or (C) the death of the sponsor or sponsor's spouse. (d) Deeming requirements. When the sponsored alien is not exempt from deeming requirements, in addition to his or her own income and resources, the worker counts the income and resources of the sponsor and his or her spouse as the unearned income and resources of the sponsored alien. The worker counts the income of the sponsor's spouse even when the marriage occurred after the sponsor signed an agreement to support the sponsored alien. (1) The total monthly earned and unearned income of the sponsor and the sponsor's spouse must be deemed to the sponsored alien minus: (A) income exclusions, per OAC 340:50-7-22; (B) the earned income deduction for the earned income portion of the sponsor's and sponsor's spouse's income, per OAC 340:50-7-31(a)(2); and (C) an amount equal to the monthly gross income eligibility limit, per OKDHS Appendix C-3, for a household size equal to the sponsor, the sponsor's spouse, and any other person claimed, or who could be claimed as a dependent for federal income tax purposes. (2) Any money the sponsor pays the sponsored alien is also countable when it exceeds the amount deemed per (1) of this subsection. (3) When the sponsored alien already reported the gross income and resources of the sponsor and the sponsor's spouse for another Adult and Family Services administered assistance program, that income amount may be used for SNAP food benefit purposes. The only allowable income reductions are those allowed, per (c)(1) of this Section. (4) The total countable resources of the sponsor and sponsor's spouse less $1,500 are deemed to the sponsored alien. Refer to OAC 340:50-7-6 to determine the countable and excluded resources for the sponsored alien and his or her sponsor and sponsor's spouse and OKDHS Appendix C-3 for the maximum resource standard. (5) When the sponsored alien verifies that his or her sponsor is the sponsor of other aliens, the worker divides the income and resources deemed, per (1) and (4) of this subsection by the number of such sponsored aliens. The worker uses this same procedure to determine the amount of deemed income and resources to exclude when a sponsored alien or a sponsored alien's citizen child is exempt from deeming per (b) of this Section. (e) Pending verification. Until the sponsored alien provides necessary information or verification regarding his or her sponsor's income and resources and the number of aliens he or she sponsors, the sponsored alien is not eligible to be included in the SNAP food benefits. The worker must determine the eligibility of any remaining unsponsored household members while the sponsor's information is pending. The sponsored alien's income, minus any consideration of the sponsor's income, is considered available to the rest of the household, per OAC 340:50-7-29(d)(2). (f) When deeming stops. Sponsor-to-alien deeming stops when the sponsored: (1) alien becomes a naturalized citizen; (2) alien can be credited with 40 quarters of work, per OAC 340:50-5-67; or (3) alien's sponsor dies.

The Work Opportunity Tax Credit (WOTC) law permits for-profit employers to take a credit on their federal income tax when workers from certain target groups are hired. Workers in these target groups have faced significant barriers to employment. The WOTC is equal to between 25 percent to 40 percent of the first year wages up to $9,600 depending on the number of hours the employee works and the applicable target group for that person. The main objective of this program is to enable the targeted employees to gradually move from economic dependency into self-sufficiency as they earn a steady income and become contributing taxpayers, while the participating employers are compensated by being able to reduce their federal income tax liability. (1) WOTC is available to employers for workers hired from targeted food benefit recipient groups in (A) through (J) of this subsection. (A) Qualified veteran. A qualified veteran is a veteran who is: (i) a member of a household receiving Supplemental Nutrition Assistance Program (SNAP) food benefits for at least three months during the first year of employment; (ii) unemployed for a period totaling at least four weeks, but less than six months, in the one-year period ending on the veteran's hiring date. The weeks unemployed do not have to be consecutive; (iii) unemployed for a period totaling at least six months in the one-year period ending on the veteran's hiring date. The months unemployed do not have to be consecutive; (iv) entitled to compensation for a service-connected disability and is unemployed for a period totaling at least six months in the one-year period ending on the hiring date. The months unemployed do not have to be consecutive; or (v) a disabled veteran entitled to compensation for a service-connected disability hired not more than one year after being discharged or released from active duty in the United States (U.S.) Armed Forces. (B) Qualified SNAP food benefit recipient. A qualified food benefit recipient is a person who on the hire date is: (i) at least 18 years of age and younger than 40 years of age; and (ii) a member of a household that received SNAP food benefits for: (I) the previous six consecutive months; or (II) at least three months of the last five months. (C) Qualified Title IV-A recipient. A qualified Title IV-A recipient is a person who is a member of a family receiving assistance under a state plan approved under Part A of Title IV of the Social Security Act relating to Temporary Assistance for Needy Families (TANF). The person must have received the assistance for any nine-month period during the 18-month period ending on the hiring date. (D) Long-term TANFrecipient. A long-term TANF recipient is a person who at the hiring time is a member of a family that: (i) received TANF cash assistance for at least the previous 18-consecutive months; (ii) received TANF cash assistance for any 18 months beginning after August 5, 1997, and it has not been more than two years since the end of the earliest of such 18-month period; or (iii) stopped being eligible for TANF cash assistance during the past two years because federal or state law limited the maximum time cash assistance could be made. (E) Designated community resident. A designated community resident is a person who, on the hiring date: (i) is at least 18 years of age and younger than 40 years of age; (ii) resides in a federally designated Empowerment Zone (EZ), Enterprise Community (EC), or a Renewal Community (RC), and (iii) continues to reside at the location after employment. (F) Qualified Summer Youth employee. A qualified Summer Youth employee is one who is: (i) at least 16 years old, but younger than 18 years of age on the hire date or on May 1st, whichever is later; (ii) only employed between May 1 and September 15; and (iii) resides in an EZ, EC, or RC. (G) Vocational rehabilitation referral. A vocational rehabilitation referral is a person who has a physical or mental disability and was referred to the employer while receiving, or upon completion of, rehabilitative services from: (i) a state plan approved under the Rehabilitation Act of 1973; (ii) an Employment Network Plan under the Ticket to Work Program; or (iii) a program carried out under the U.S. Department of Veteran Affairs. (H) Qualified ex-felon. A qualified ex-felon is a person hired within one year of being convicted of a felony or being released from prison for a felony. (I) Qualified Supplemental Security Income (SSI) recipient. A qualified SSI recipient is a person who received SSI benefits within 60-calendar days of the person's hire date. (J) Qualified long-term unemployment recipient. A qualified long-term, unemployment recipient is a person who has been unemployed for not less than 27-consecutive weeks at the hiring time and received unemployment compensation during some or all of the unemployment period. (2) Through an agreement with the Oklahoma Employment Security Commission,Oklahoma Human Services staff issues the U.S. Department of Labor Form ETA-9062, Conditional Certification Work Opportunity Tax Credit, to food benefit and TANF recipients. (3) The worker gives the person Form ETA-9062 and a letter from the worker stating the number of months he or she received food benefits or TANF cash assistance to present to the employer on, or before, the first day of employment. The worker informs the person about the purpose of the form and that the tax credit may help him or her get a job.

(a) Identity. The identity of the person making the Supplemental Nutrition Assistance Program (SNAP) application must be verified, per Section 273.2(f)(1)(vii) of Title 7 of the Code of Federal Regulations. When an authorized representative applies on behalf of a household, the identity of the authorized representative and the head of household is verified. The household may select as head of household an adult parent of a child of any age living in the SNAP food benefit household or an adult who has parental control over a child who is 17 years of age and younger living in the food benefit household, provided all adult household members agree to the selection, per Oklahoma Administrative Code 340:50-3-1(b)(2). (b) Identity verification. Identity may be verified through readily available documentary evidence, or when unavailable, through a collateral contact. Any documents that reasonably establish the applicant's identity must be accepted and no requirement for a specific type of document, such as a birth certificate, may be imposed. Examples of acceptable documentary evidence include, but are not limited to; (1) a driver license; (2) a work or school identification card; (3) an identification card for health benefits or other assistance or social service program; (4) a voter registration card; (5) wage stubs; or (6) a birth certificate.

Residency requirements must be verified, except in unusual cases such as migrant farm worker households newly arrived in an area, where verification of residency cannot reasonably be accomplished. Verification of residency is accomplished to the extent such as, but not limited to, utility expenses or identity. If verification cannot be accomplished in conjunction with the verification of other information, then the worker uses a collateral contact or other readily available documentary evidence. Documents used to verify other factors of eligibility should normally suffice to verify residence as well. Any document or collateral contact which reasonably establishes the applicant's residency must be accepted and no requirement for a specific type of verification may be imposed. No durational residency requirement may be established. (1) No individual may participate as a member of more than one household or in more than one county in any month unless an individual is a resident of a shelter for battered women and children and was a member of a household containing the abusive person. (2) Residency is not dependent on an intent to permanently reside in the state or county. Moreover, the county cannot impose any durational residency requirements. A fixed residence is not required. For example, migrant camp sites verify the residency requirements; however, persons in a county solely for vacations will not be considered residents. If it is questionable that the household resides at the address or finding location given on the application, verification must be accomplished in accordance with Subchapter 3 of this Chapter, covering verification of questionable information. (3) It will not be possible to verify residency for homeless households, however, the case record should contain as much information as possible about the household's situation.

(a) Per Section 273.4 of Title 7 of the Code of Federal Regulations (7 § C.F.R. 273.4), to be eligible for food benefits a person must be: (1) a United States (U.S.) citizen; (2) a U.S. non-citizen national; (3) an alien who is both qualified and eligible; or (4) an alien not required to meet qualified alien status. (b) Pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes, all persons 14 years of age and older must declare whether they are residing in the U.S. lawfully and may be required to sign Form 08MP005E, Citizenship Affidavit, per OAC 340:65-3-1(g). (c) Ineligible or illegal aliens are not eligible to receive Supplemental Nutrition Assistance Program (SNAP) food benefits. An ineligible alien is an alien who does not meet eligible alien status, per (a)(3) or (4) of this Section or is determined to be an ineligible sponsored alien, per Oklahoma Administrative Code (OAC) 340:50-5-49. (1) When a household is unwilling or unable to provide alien status documentation for any household member, the alien is considered an ineligible alien and is not eligible for food benefits. No further efforts to obtain documentation are made. (2) The worker prorates the income of the ineligible or illegal aliens among all household members, per 7 § C.F.R. 273.11(c)(3) and OAC 340:50-7-29(d)(2). (3) Oklahoma Human Services is responsible for reporting to the U.S. Citizenship and Immigration Services (USCIS) any alien it "knows" is not lawfully present in the U.S., per 7 C.F.R. § 273.4(b). OKDHS only "knows" an alien is not present legally when the alien applies for SNAP benefits and it is determined as a finding of fact or a conclusion of law that the alien is present in violation of the Immigration and Nationality Act. OKDHS must support this determination with a formal determination by USCIS or the Executive Office of Immigration Review, such as a Final Order of Deportation.

(a) Each household member must provide his or her Social Security number (SSN) when applying for participation in the Supplemental Nutrition Assistance Program (SNAP). The worker explains to the applicant that refusal to provide SSNs will result in disqualification of the person for whom a SSN is not provided. (1) If an applicant cannot provide a SSN, proof of application is required prior to certification for each household member except a newborn. (2) The household must provide the SSN or proof of application for the newborn at its next recertification or within six months following the month the baby is born, whichever is later. (b) If the worker determines a household member has refused or failed to make all efforts to apply for or provide a SSN for a household member, that person is ineligible to participate in SNAP. (1) The disqualification applies to the person for whom the SSN is not provided and not to the entire household. (2) The income of persons disqualified for failure to provide a SSN are considered in determining food benefit eligibility. (3) Disqualification ends when the SSN is provided or the SSN application is made and verified.

(a) Per Section 273.7(a)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(a)(1)), to be eligible to receive Supplemental Nutrition Assistance Program (SNAP) food benefits, each household member not exempt per Oklahoma Administrative Code (OAC) 340:50-5-86 must comply with applicable work registration requirements included in (1) through (5) of this subsection. It is the worker's responsibility to explain to the applicant the work registration statement and each household member's work registration status and responsibility as stated in (1) through (5) of this subsection. Form 08MP003E, Responsibilities and Signature for Benefits, includes a work registration statement that upon signature, registers all household members 16 through 59 years of age required to comply with work registration. (1) A required work registrant must register for work or be registered at the time of application and every 12 months after initial registration. (2) A required work registrant must provide the Oklahoma Department of Human Services with sufficient information regarding his or her employment status or availability for work. (3) A required work registrant must accept a bona fide offer of suitable employment. (4) A required work registrant must agree to not voluntarily and, without good cause, quit a job of 30 hours or more per week or reduce his or her work effort to less than 30 hours per week. (5) When a household member is exempt from work registration because he or she is subject to and complying with unemployment compensation or Temporary Assistance for Needy Families work requirements per OAC 340:50-5-86(3) or (7), he or she must continue to comply or be subject to failure to comply requirements per OAC 340:50-5-87. (b) Good cause for failure or refusal to comply with work registration requirements. Per 7 C.F.R. § 273.7(i), a required work registrant has good cause for failing or refusing to comply with work registration requirements when there are circumstances beyond his or her control, such as, but not limited to: (1) illness; (2) illness of another household member requiring the presence of the registrant; (3) a household emergency; (4) unavailability of transportation; or (5) lack of adequate child care for children 6 through 11 years of age. (c) Suitable work. Any employment offered is considered suitable: (1) when the wage offered is at least the highest of the applicable federal minimum wage, the applicable state minimum wage, or 80 percent of the federal minimum wage, when neither the federal nor state minimum wage applies; (2) when the employment offered is on a piece-rate basis and the average hourly wage the employee can reasonably expect is at least equal to the applicable hourly wages specified; (3) when the registrant, in order to be hired or to continue working, is not required to join, resign from, or refrain from joining any legitimate labor organization; (4) when the work offered is not at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under the Labor Management Relations Act (Taft-Hartley) or an injunction has been issued under Section 10 of the Railway Labor Act; or (5) unless the registrant demonstrates or the worker determines the: (A) risk to health and safety is unreasonable; (B) registrant is physically or mentally unfit to perform the employment, as documented by medical evidence or other reliable information; (C) employment offered within the first 30-calendar days of registration is not in the registrant's major field of experience; (D) distance from the registrant's home to the place of employment is unreasonable based on the expected wage and the time and cost of daily commuting. Commuting time cannot exceed two hours daily; or (E) working hours or nature of the employment interferes with the registrant's religious observations, convictions, or beliefs.

Per Section 273.7(b) of Title 7 of the Code of Federal Regulations, work registration exemptions are included in (1) through (9) of this Section. (1) Age limit. A person younger than 16 years of age or a person 60 years of age and older is exempt. When a person: (A) is 16 or 17 years of age and is not the head of household or is attending school or enrolled in an employment training program on at least a half-time basis, is also exempt; or (B) turns 16 or 18 years of age during a certification period, the worker must register the person for work as part of the next certification renewal, unless he or she qualifies for an exemption. (2) Caretakers. A caretaker is a parent or other household member responsible for the care of a dependent child younger than 6 years of age or an incapacitated person. When the dependent child reaches 6 years of age within a certification period, the person responsible for the care of the child must register for work at the next certification renewal, unless he or she is otherwise exempt. (3) Applicants for or recipients of unemployment compensation. A person who applied for unemployment insurance benefits (UIB) is exempt from the work registration requirement during the application process. This is verified by seeing the work registration card. Recipients of UIB are exempt from registration while receiving compensation. When the person is disqualified from participation in UIB because he or she refused or failed to meet UIB work requirements without good cause, he or she is subject to failure to comply disqualification requirements per OAC 340:50-5-87. (4) Physically or mentally incapacitated. Persons who are physically or mentally incapable of gainful employment on a permanent or temporary basis and food benefit applicants participating in federal or state programs based on disability are considered exempt. Other persons claiming exemption as unfit for employment must, in the absence of physical evidence, obtain documented evidence from medically qualified sources to substantiate a disability. (5) Addicts and alcoholics. A regular participant in a drug addiction or alcohol treatment and rehabilitative program, on a resident or non-resident basis is exempt. This may be verified through organizations or institutions operating the program. (6) Students. A student is defined as a person enrolled at least half-time in any recognized school, training program, or institution of higher education. Students must meet the criteria per Oklahoma Administrative Code (OAC) 340:50-5-45 to participate in the Supplemental Nutrition Assistance Program (SNAP). This includes refugees participating in a refugee-specific training program approved, funded, or operated by the Office of Refugee Resettlement. Students are exempt from work registration requirements and retain student classification during school vacation or breaks providing they plan to return to school the next term, excluding summer school. Persons who do not qualify as students include, persons: (A) not enrolled at least half-time or who experience a break in enrollment status due to graduation, expulsion, suspension, or who drop-out or do not intend to return to school; and (B) enrolled in correspondence courses. (7) Temporary Assistance for Needy Families (TANF) Work Program participants. A TANF recipient who is exempt from, registered for, or participating in the TANF Work Program per OAC 340:10-2-1 through 340:10-2-8 is exempt from SNAP work registration requirements. When the TANF recipient is sanctioned because he or she refused or failed to participate in the TANF Work Program without good cause per OAC 340:10-2-2, he or she is subject to failure to comply disqualification requirements per OAC 340:50-5-87. (8) Employed persons. Persons who are employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours are exempt. (A) The employment may be paid, in-kind, unpaid, or volunteer work with religious or community organizations. (B) Migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30-calendar days are exempt as employed persons. (9) Self-employed persons. Persons who are self-employed working a minimum of 30 hours weekly or receiving weekly earnings equal to federal minimum wage multiplied by 30 hours are exempt. (A) Verification of the amount of income from self-employment is sufficient to establish this exemption, provided the amount of income appears to be consistent with a conclusion of full-time employment, 30 hours per week. (B) When the income is not sufficient to conclude full-time employment, the client must cooperate with the worker in establishing the income received is at least sufficient to be considered gainful employment and the volume of work the client is doing justifies a determination the self-employment enterprise is a full-time job for the purpose of this exemption.

When changes occur in a person's work registration status after certification, the worker must determine if the person failed or refused to comply with work registration requirements without good cause per Oklahoma Administrative Code (OAC) 340:50-5-85 or meets exemption criteria per OAC 340:50-5-86. (1) Exemption status loss. Per Section 273.7(b)(2) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(b)(2)): (A) Persons who lose their work registration exemption due to a change in circumstances that is: (i) not subject to the reporting requirements, per OAC 340:50-9-5(g), must register for work registration at the next certification renewal; or (ii) subject to the reporting requirements, per OAC 340:50-9-5(g), must register when the change is reported; and (B) when a household member is exempt from work registration because he or she is subject to, and in compliance with unemployment compensation or Temporary Assistance for Needy Families work requirements, and stops complying without good cause, the household member is disqualified unless he or she meets another exemption. (2) Communication requirement. Per 7 C.F.R. § 273.7(c)(ii), a written notice is generated by the system and the worker must attempt to contact the household to orally explain the work registration responsibilities, per OAC 340:50-5-85 when: (A) a new household member joins the household; or (B) a household member who is exempt from work registration loses the exemption. (3) Failure to comply. A registered household member who fails to comply with work registration requirements without good cause, per OAC 340:50-5-85, is disqualified, per 7 C.F.R. § 273.7(f) and OAC 340:50-5-10.1. (4) Disqualification period. When a household member is disqualified because he or she failed to comply with work registration requirements, the disqualification period is: (A) one month for the first violation; (B) three months for the second violation; or (C) six months for the third or subsequent violation. (5) Shortening the disqualification period. The disqualification period may be shortened when the household member becomes exempt from work registration per 7 C.F.R. § 273.7(g).

(a) Per Section 273.7(j) of Title 7 of the Code of Federal Regulations, any applicant or participating adult household member who is not exempt from work registration requirements per Oklahoma Administrative Code (OAC) 340:50-5-86 is not eligible to receive Supplemental Nutrition Assistance Program food benefits when, within 60-calendar days of the application or any time thereafter, the person voluntarily and without good cause: (1) quits a job of 30 hours or more per week or a job that provided weekly earnings equaling at least the equivalent of the federal minimum wage multiplied by 30; or (2) reduces his or her work effort. The reduction in work effort is: (A) considered a voluntary quit when the person worked 30 hours or more per week prior to the reduction; and (B) not considered a voluntary quit when after the reduction, he or she continues to earn weekly wages that exceed the federal minimum wage multiplied by 30 hours. (b) When a household files an application or a participating household reports loss of income, the worker determines if the voluntary quit sanction applies. When information provided by the household is questionable, the worker may request or obtain verification of the household's statement. (c) Changes in employment status that result from terminating a self-employment enterprise or resigning from a job at the demand of the employer are not considered as a voluntary quit. (d) When the household member who voluntarily quit subsequently secures new employment of at least 30 hours per week or weekly earnings equivalent to the federal minimum wage multiplied by 30 hours, the voluntary quit provision does not apply. When the household member is then laid off or through no fault of his or her own loses the new job, the earlier voluntary quit does not form the basis for a disqualification. (e) A federal, state, or local government employee who participates in a strike against such government and is dismissed from his or her job because of participation in the strike, is considered to have voluntarily quit the job.

When the worker determines a non-exempt adult household member voluntarily quit his or her employment or reduced his or her work effort, the worker must determine if he or she had good cause for doing so. The worker uses information provided by the household member and the employer to determine if the voluntary quit or reduction in work effort is with good cause. Per Section 273.7(i) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(i)), good cause for leaving employment or reducing work effort includes: (1) discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs; (2) work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule; (3) an adult household member's acceptance of other employment or enrollment at least half-time in any recognized school, training program, or institution of higher education, that requires the household member to leave employment; (4) any other household member's acceptance of other employment or enrollment at least half-time in any recognized school, training program, or institution of higher education in another county or area that requires the household to move and thereby requires another adult household member to leave employment; (5) resignations by persons under 60 years of age that are recognized by the employer as retirement; (6) employment that becomes unsuitable after the acceptance of such employment because it no longer meets the criteria of suitable employment per 7 C.F.R. § 273.7(h) and Oklahoma Administrative Code 340:50-5-85(c); (7) leaving employment after accepting a bona fide employment offer of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours because the agreed upon work hours or weekly earnings do not materialize; (8) leaving a job in connection with employment patterns in which workers frequently move from one employer to another, such as migrant farm labor or construction work. There may be some circumstances where households apply for food benefits between jobs, particularly in cases where work may not yet be available at the new job site. When employment at the new job site has not started, the voluntary quit is considered with good cause when it is part of this employment pattern; or (9) circumstances beyond the person's control, such as, but not limited to: (A) illness; (B) illness of another household member requiring the registrant's presence; (C) unavailability of transportation; (D) lack of adequate child care for children who are between 6 and 12 years of age; or (E) a household emergency.

When an adult household member quits a job of at least 30 hours a week or the equivalent of the federal minimum wage multiplied by 30 hours or reduces his or her work effort, per Oklahoma Administrative Code (OAC) 340:50-5-89 without good cause, the actions described in this Section are taken, per Section 273.7(j) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(j)). (1) Applicant household. When a household member of an applicant household is subject to the voluntary quit provision, the worker does not include the person in the food benefits. The person is disqualified from food benefits for a period of 90-calendar days effective from the date the remaining household members are approved for food benefits, per 7 C.F.R. § 273(j)(3)(vi). When the person subject to voluntary quit is the only member of the applicant household, the worker denies the food benefit application. The person's disqualification period starts effective the date the denial notice issues. (2) Participating household. When the worker determines that a member of a participating household voluntarily quit a job or reduced his or her work effort without good cause after certification, the worker removes the household member from the food benefit or closes a one-person household's food benefits effective the first day of the month following the next advance-notice effective date, per Appendix B-2, Deadlines for Case Actions, and issues a 10-calendar day advance-notice. The disqualification period runs continuously for three months beginning with the month the adverse action is effective unless the household requests a fair hearing, per (4) of this Section or eligibility is reestablished, per (5) of this Section. (3) Households with special circumstances. (A) Voluntary quit or reduction in work effort occurs or is discovered in the last month of certification. When a voluntary quit or reduction in work effort occurs or is discovered in the last month of a certification period, the household reapplies for food benefits, and the person subject to a voluntary quit penalty is: (i) a one-person household, the worker denies the certification renewal. The person is disqualified for three months beginning the day after the last certification period ends or until eligibility is reestablished, per (5) of this Section; or (ii) a member of the household containing other household members, the worker disqualifies the person subject to voluntary quit for three months or until eligibility is reestablished, per (5) of this Section. (B) Disqualified person changes households. Persons disqualified for quitting a job or reducing their work effort carry their disqualification with them when they join a new household. (C) Application filed in third month of disqualification period. When a one-person household files an application in the third-calendar month of the 90-calendar day or three-month disqualification period and all eligibility criteria are met, the worker denies food benefits for the application month and certifies the household beginning the first day after the disqualification period ends. When a household containing more than one household member files a certification renewal and the new certification period is effective the first day of the last month of the disqualified person's disqualification period, the worker does not include the disqualified person until the disqualification period ends. (4) Fair hearings. Each household has a right to request a fair hearing to appeal a benefit denial, closure, or reduction in food benefits due to a voluntary quit determination. When the participating household's benefits are continued pending a fair hearing and the hearing decision upholds the voluntary quit determination, the disqualification period begins the first month after the hearing decision is rendered. (5) Ending a voluntary quit disqualification. Eligibility may be reestablished during a disqualification period and the household member, when otherwise eligible, may resume participation when the member, who caused the disqualification becomes exempt from the work registration requirements, per OAC 340:50-5-86.

(a) ABAWD work requirements. Per Section 273.24(a) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.24(a)), an ABAWD meets work requirements when he or she: (1) works continuously 20 hours or more per week, averaged monthly. Averaged monthly means 80 hours per month. The employment may be paid, in-kind, unpaid, or volunteer work with religious or community organizations; (2) participates in and complies with the requirements of a work program 20 hours or more per week, averaged monthly. Work programs include: (A) a program assignment under Title 1 of the Workforce Innovation and Opportunity Act (WIOA), Public Law (P.L.) 113-128; (B) a program under Section 236 of the Trade Act of 1974, Section 2296 of Title 19 of the United States Code (19 U.S.C. § 2296); (C) an Oklahoma Supplemental Nutrition Assistance Program Works (OK SNAP Works) assignment, not including job search, supervised job search, or job search training activities. However, job search, supervised job search, or job search training activities, when offered as part of other program components, are acceptable if those activities comprise less than half the total required time spent in the components; or (D) any employment and training program that serves veterans operated by the Department of Labor or the Department of Veterans Affairs; or (3) works and participates in a work program for a total of 20 or more hours per week, averaged monthly; or (4) meets an exemption from the work requirements per (d) of this Section. (b) General rule. An ABAWD who is a member of an eligible household receiving Supplemental Nutrition Assistance Program (SNAP) food benefits must comply with work requirements per (a) of this Section or be exempt from work requirements per (d) of this Section to be eligible to participate as a member of any food benefit household for more than three countable months, consecutive or otherwise, during any 36-month or three-year period. When the ABAWD meets work requirements per (a) or an exemption per (d) of this Section, he or she is eligible to participate with no time limits. An ABAWD subject to the three-month time limit may also regain eligibility per (e) of this Section. (1) Countable months. Countable months are months when an ABAWD receives SNAP benefits for the full benefit month while not: (A) exempt from ABAWD work requirements per (d) of this Section; (B) fulfilling the work requirement per (a) of this Section; or (C) receiving benefits that are prorated. (2) Countable months in another state. When there is an indication an ABAWD subject to the time limits received SNAP food benefits in another state in the last 12 months, the worker must verify the number of countable months the person used in the other state per 7 C.F.R. § 273.2(f)(1)(xiv)(B). (3) Measuring the three-year or 36-month time period. Per 7 C.F.R. § 273.24(b)(3), Oklahoma Human Services (OKDHS) uses a 'fixed-individual clock' for each ABAWD subject to time limits. This means the ABAWD clock starts at the initial application for SNAP benefits when the person is not meeting ABAWD work requirements per (a) of this Section. When the person meets ABAWD work requirements at initial application, the clock starts the month the person uses the first countable month per (b)(1) of this Section. (4) Worker responsibilities. It is the worker's responsibility to: (A) determine the ABAWD status of each household member: (i) at application, mid-certification renewal, and certification renewal; (ii) when a new person joins the household during the certification period; and (iii) when reported information indicates a household member lost an exemption or no longer meets the work requirement; (B) orally explain the ABAWD rights and responsibilities of each household member during the SNAP application and certification renewal interview, when a new person joins the household during the certification period, and when a household member loses an exemption. The system also generates a written notice to the household. The explanation includes: (i) ABAWD work requirements, the household members subject to these requirements, and the ways to fulfill these requirements; (ii) exemption and good cause criteria and how to claim an exemption or good cause; (iii) the ABAWD's limited benefit eligibility when he or she does not fulfill work requirements; (iv) how to maintain eligibility under the ABAWD work requirements, including what the household needs to provide at certification and renewal and what happens when an household member loses an exemption or a person joins the household; and (v) how to regain eligibility, per (e) of this Section; and (C) update the ABAWD status of an adult household member any time he or she loses an exemption or no longer meets the work requirements. The worker must 'look-back' to determine when the ABAWD lost the exemption or stopped meeting the work requirement. The worker closes food benefits for the person when he or she already used his or her countable months for the 36-month period or corrects the ABAWD status to start the ABAWD's clock per (3) of this subsection. (5) ABAWD responsibilities. It is the ABAWD's responsibility to: (A) verify his or her work or participation hours, a combination of work and participation hours, or exemption status at application, mid-certification renewal, and certification renewal per 7 C.F.R. § 273.2(f)(1) and (f)(8); and (B) report when his or her work or participation hours or a combination of work and participation hours drop below 20 hours per week or 80 hours per month within 10-calendar days of the month the hours dropped. (i) When the ABAWD reports his or her work or participation hours or a combination of work and participation hours dropped below 20 hours per week, the worker determines if the ABAWD is eligible for three countable months. When the ABAWD is: (I) eligible for three countable months, the worker tracks the months to determine when to close benefits for the ABAWD if he or she does not regain eligibility per (e) of this Section; or (II) not eligible because he or she received three countable months within the three-year period, the worker closes food benefits for the ABAWD. (ii) When an ABAWD subject to time limits received SNAP food benefits in error within the most recent three-year period, the benefits are considered as countable months unless the ABAWD pays the benefits back in full per 7 C.F.R. § 273.24(b)(5). (c) Good cause for failure to meet the ABAWD work requirement. When an ABAWD would have fulfilled the work requirement, per (a) of this Section, but missed some hours for good cause, the ABAWD meets the work requirement if the absence is temporary. Per 7 C.F.R. § 273.24(b)(2), good cause includes circumstances beyond the person's control, such as, but not limited to: (1) illness; (2) illness of another household member requiring the presence of the ABAWD; (3) unavailability of transportation; or (4) a household emergency. (d) Exemptions from the ABAWD work requirement. Per 7 C.F.R. § 273.24(c), a person is exempt from ABAWD work requirement and eligible to participate without time limits, when the person is: (1) younger than 18 years of age or: (A) 50 years of age and older before September 1, 2023; (B) 51 years of age and older from September 1, 2023, through September 30, 2023; (C) 53 years of age or older on or after October 1, 2023; or (D) 55 years of age or older on or after October 1, 2024. (2) medically-certified as physically or mentally unfit for employment. A person is medically-certified as physically or mentally unfit for employment when he or she: (A) receives permanent or temporary disability benefits issued by governmental or private sources; (B) is obviously mentally or physically unfit for employment. When it is not obvious that he or she is unfit, the person must provide documented evidence from medically-qualified sources to substantiate the medical exemption. (i) Medically-qualified sources may include, but are not limited to, a: (I) licensed or certified psychologist, therapist, counselor, or social worker; (II) physician or physician's assistant; (III) nurse or nurse practitioner; or (IV) designated representatives of a physician's office. (ii) The documented evidence must indicate the person has a physical or mental condition that limits the person's ability to work. (iii) When the medical exemption is temporary, the person is required to comply with work requirements when released by a medically qualified source to return to work; (3) homeless, per 7 C.F.R. § 271.2 and Oklahoma Administrative Code (OAC) 340:50-5-29(b); (4) pregnant; (5) a veteran, per Section 5126(f)(13)(F) of the James M. Inhofe National Authorization Act of 2023, P.L. 117-263. This definition includes a person who: (A) served in the United States Armed Forces, such as Army, Air Force, Coast Guard, Marine Corps, National Guard, and Navy; (B) served in an active duty or reserve component; and (C) was discharged or released regardless of the conditions of the discharge or release. The discharge may be honorable, general, other than honorable, bad conduct, dishonorable, office, medical, or entry-level separation; and (6) a parent, natural, adoptive, or step, of a household member younger than 18 years of age, even when the minor child is not eligible for food benefits; (7) an adult residing in a household with a household member younger than 18 years of age and included in the food benefit household, even when the minor child is not eligible for food benefits; (8) a person 24 years of age or younger who was in foster care program run by a state, district, territory, or Indian tribal organization when the person turned 18, or a higher age the state has chosen, per 42 U.S.C. § 675(8)(B)(iii); or (9) otherwise exempt from work requirements per 7 C.F.R. § 273.7(b) and OAC 340:50-5-86. (e) Persons who regain eligibility. Persons whose food benefits were denied or closed because they received three countable months of food benefits may regain eligibility by meeting work requirements per (a) of this Section for 30-consecutive days. (1) Regained eligibility by meeting work requirements. When a person regains eligibility, he or she maintains food benefit eligibility without time limits provided he or she continues to meet work requirements per (a) of this Section. Per 7 C.F.R. § 273.24(d)(3), there is no limit to how many times a person may regain eligibility by meeting work requirements. The person's food benefits are prorated from the application date. When the person applies before meeting work requirements for 30-consecutive days, the application is denied. (2) Regained eligibility and then stopped meeting work requirements. When a person regains eligibility and then stops meeting work requirements, he or she is eligible for SNAP food benefits for three-consecutive countable months only. The person may only receive the additional three-countable months once during the 36-month period. After receiving these three-consecutive months, the person is not eligible for SNAP food benefits in his or her 36-month time period unless he or she regains eligibility by meeting the work rule or becomes exempt per (d) of this Section. (f) ABAWD work requirement waiver prohibition. Per 7 C.F.R. § 273.24(f), states are allowed to request an ABAWD work requirement waiver in certain instances. Effective October 1, 2013, Section 241.3 of Title 56 of the Oklahoma Statutes prohibits OKDHS from requesting an ABAWD work requirement waiver from the United States Department of Agriculture.

Per Section 273.24(g) of Title 7 of the Code of Federal Regulations , Oklahoma Human Services (OKDHS) may provide an exemption from the three-countable months during any 36-month period rule for ABAWDs, per Oklahoma Administrative Code (OAC) 340:50-5-100(b), for up to eight percent of eligible ABAWDs per federal fiscal year. (1) Eligible ABAWD. An eligible ABAWD is a food benefit recipient or applicant denied eligibility solely because he or she received three-countable months during the current 36-month period. This includes an ABAWD, who is not: (A) exempt from ABAWD work requirements, per OAC 340:50-5-100(d); (B) fulfilling work requirements, per OAC 340:50-5-100(a); or (C) receiving Supplemental Nutrition Assistance Program food benefits because he or she regained eligibility for three-consecutive months, per OAC 340:50-5-100(e)(2). (2) Tracking. OKDHS tracks the number of exemptions used each month and reports the information to the United States Department of Agriculture Food and Nutrition Services regional office on a quarterly basis. (3) Eight percent exemption. OKDHS uses the allowable eight percent exemptions to extend food benefit eligibility to all ABAWDs whose eligibility OKDHS extended more than three-countable months in error. Each exemption covers one month issued in error.

Oklahoma Human Services (OKDHS) operates a voluntary employment and training program, OK SNAP Works, per Section 273.7(e)(5) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.7(e)(5)). OK SNAP Works assists food benefit recipients, especially able-bodied adults without dependents (ABAWD), become involved in meaningful, work-related activities that lead to paid employment and enable them to achieve or maintain economic self-support. (1) Participant information. OK SNAP Works is available to ABAWD and non-ABAWD participants age 16 or older who receive SNAP benefits, do not receive Temporary Assistance for Needy Families, and live in an area served by an OKDHS contracted service provider. (2) Worker responsibilities for OK SNAP Works information, screening and referral. It is the worker's responsibility to: (A) inform the applicant or recipient that participation in OK SNAP Works is voluntary; (B) ask if any household member age 16 or older wants to voluntarily participate in OK SNAP Works regardless of ABAWD status; (C) screen and, if appropriate, refer: (i) non-exempt ABAWDs who are not complying with ABAWD work requirements, per Oklahoma Administrative Code (OAC) 340:50-5-100; and (ii) other SNAP recipients who express an interest in participating in OK SNAP Works. (3) Intake and case management services. The OK SNAP Works coordinator sends a referral to the contracted service provider to initiate the intake process and case management services. (A) Case management services and activities must be provided to all participants and must directly support their participation in OK SNAP Works. Case management services may include, but are not limited to: (i) comprehensive intake assessments; (ii) individualized service plans; (iii) progress monitoring; and (iv) coordination with service providers. (B) After receiving a referral, the provider's staff schedules referred participants for an orientation and comprehensive assessment. (C) Following orientation and assessment, each participant has an assessment interview to explore the participant's: (i) employment and training needs and barriers; (ii) communication and employment-related skills; (iii) education and employment history; and (iv) career interests. (D) The provider enrolls each participant in at least one component, per (4) of this Section, and continues to provide case management services to address employment barriers. (4) OK SNAP Works component assignments. OK SNAP Works components include supervised job search, job search training, educational services, vocational training, Workfare for non-exempt ABAWDs only, work experience, and job retention services. (A) Supervised job search component. Supervised job search is a component that provides structured activities to help participants seek and obtain suitable employment. These activities occur at approved locations where the participant is supervised and timeliness is tracked, per 7 C.F.R. § 273.7(e)(2)(i). (B) Job search training component. Job search training is a component that enhances the participant's job readiness and may include employability assessment, training in techniques to increase employability, job placement services, or other direct training or support activities, per 7 C.F.R. § 273.7(e)(2)(ii). (C) Educational services component. A participant is placed in an educational services component when the participant: (i) does not have a high school diploma or equivalency certificate; (ii) has literacy issues; or (iii) needs to learn or improve English language skills. (D) Vocational training component . Participants may receive vocational training when assessments indicate training is needed to enhance employability or when industry-specific training is needed as part of a job placement program. (E) Workfare component. Workfare is a work component only available to non-exempt ABAWDs. Participants work in a public service or a private, non-profit agency to obtain skills necessary to enhance employability or develop skills required for job placement. (F) Work experience. The work experience component is designed to improve participant employability through actual work experience and training. The goal of work experience is to enable participants to move into regular employment. Work experience is a planned, structured learning experience that takes place in a workplace for a limited time period. A work experience program may include a work activity or a work-based learning program. (i) A work activity gives the participant the opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment. (ii) A work-based learning program may include internships, pre-apprenticeships, apprenticeships, customized training, transitional jobs, incumbent worker training, and on-the job training as defined by the Workforce Innovation and Opportunity Act. (G) Job retention component. The job retention component helps participants who secured employment after or while receiving OK SNAP Works services to achieve satisfactory performance, retain employment, and increase earnings over time. A participant may receive case management, job coaching, dependent care assistance, and transportation assistance, per 7 C.F.R. § 273.7(e)(2)(viii). This component must last for at least 30-calendar days but no more than 90-calendar days. There is no limit to the number of times a person may receive job retention services as long as the person re-engages with OK SNAP Works prior to obtaining new employment. (5) Supportive services. Supportive services are provided to a participant when necessary and directly related to the participant's ability to participate in the assigned OK SNAP Works component. OKDHS authorizes payments for supportive services that may include, but are not limited to, covering the cost of: (A) child care under special circumstances. When child care is needed after assessment, the contracted service provider assists the client in completing a child care application. The application is sent to the OK SNAP Works coordinator to determine eligibility, per OAC 340:40; (B) clothing; (C) uniforms; (D) tools; (E) personal safety items; (F) books or training manuals; (G) transportation, such as bus tickets, public transportation passes, taxi cabs, sharing rides, or gas vouchers; or (H) other equipment deemed necessary for participation. (6) Contracted service provider responsibility. The contracted service provider tracks participation and informs the OK SNAP Works coordinator of all potential participants' participation status, outcome performance measures, and when the provider determines that an assigned component is ill-suited for potential participant. (A) When a potential participant fails to participate in OK SNAP Works following a referral or the provider determines that a potential participant is ill-suited for a component, contracted staff notifies the OK SNAP Works coordinator within 10-calendar days of the non-participation or the provider determination. In a provider determination notification, the contracted provider must include the former participant's name, case number, and reason for the provider determination and may offer input on the most appropriate next step for the participant. (B) When the contracted provider finds a component is ill-suited for a participant, but determines the participant may be suitable for another component the provider offers, the provider may switch the participant to the suitable component. The provider informs the OK SNAP Works coordinator of the new component without the need for the coordinator to act further on the provider determination. (7) OK SNAP Works coordinator responsibilities. The OK SNAP Works coordinator: (A) monitors the contracted service provider's performance in operating the OK SNAP Works Program; (B) initiates provider referrals; (C) determines participants' child care subsidy eligibility; (D) at the household or worker's request, OK SNAP coordinator provides verification of a participant's monthly hours spent in the program ; and (E) upon receipt of a provider determination, reviews the reason for, and notifies field staff about, the provider's determination. (8) Worker responsibilities for provider determinations. A provider determination occurs when a service provider concludes the assigned component is ill-suited for a participant. (A) Within 10-calendar days of when the contracted service provider notifies OKDHS, the worker must inform the former OK SNAP Works participant of (i) through (vii) of this subparagraph and document the exchange in case notes. (i) A provider determination concluded the component is ill-suited for the assigned OK SNAP Works participant. (ii) The former participant's OK SNAP Works assignment has ended. (iii) The former participant may immediately pursue the options in (B) of this paragraph. (iv) OKDHS will pursue the steps in (B) of this paragraph at the certification renewal when the former participant declines to pursue these options immediately. (v) When the former participant is an ABAWD, per OAC 340:50-5-100, the former participant starts accruing countable months towards the three-month participation time limit. The countable months begin with the next full month following the notification month, unless the participant: (I) fulfills the work requirement, per OAC 340:50-5-100(a); (II) has good cause, per OAC 340:50-5-100(c); or (III) is otherwise exempt from the ABAWD requirements, per OAC 340:50-5-100(d). (vi) The worker provides contact information the former participant may use to reach OKDHS. (vii) The provider determination does not cause an OK SNAP Works sanction. (B) In response to a provider determination, the worker takes the most suitable action from options (i) through (iii) of this subparagraph as soon as possible when the former participant requests, but no later than the next certification renewal. The worker: (i) reassesses whether the former participant is physically and mentally capable of participating, per OAC 340:50-5-86(4); (ii) refers the former participant back to OK SNAP Works, per (C) of paragraph (1) as long as the former participant is physically and mentally capable, per OAC 340:50-5-86(4); or (iii) identifies work opportunities or assistance for the participant by coordinating with other federal, state, and local workforce or assistance programs.

(a) Resources. Resources are excluded in determining eligibility for the Supplemental Nutrition Assistance Program (SNAP) for categorically eligible households, per Section 273.2(j)(2) of Title 7 of the Code of Federal Regulations (7 § C.F.R. 273.2(j)(2)) and Oklahoma Administrative Code (OAC) 340:50-11-111 through 340:50-11-115. Resources must be considered in determining SNAP eligibility for households that: (1) contain one or more sponsored aliens whose sponsor's resources must be deemed to the sponsored alien, per OAC 340:50-5-49; or (2) cannot be classified as a categorically eligible household, per OAC 340:50-7-6 and 340:50-11-111(d). This includes households whose SNAP benefit closed due to substantial lottery or gambling winnings, per (b) of this Section, the first time they reapply. (b) Substantial lottery or gambling winners. Per 7 C.F.R. § 273.11(r), substantial lottery or gambling winnings are defined as a cash prize won in a single game, before taxes or other amounts are withheld, that is equal to, or greater than, the SNAP disqualification resource standard for lottery or gambling winners, per Oklahoma Human Services (OKDHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions. (1) When multiple persons shared in the purchase of a ticket, hand, or similar bet, only the portion of the winnings allocated to the SNAP household member is counted in determining resource eligibility. (2) A household that participates in SNAP in the month it receives substantial lottery or gambling winnings must provide verification of the winnings from the appropriate lottery commission or gaming facility, when available, within 10-calendar days of being given or sent Form 08AD092E, Client Contact and Information Request. When the household fails to provide proof of the amount of the winnings and date received, the worker closes the SNAP food benefit for the next advance notice effective date, per OKDHS Appendix B-2, Deadlines for Case Actions. (3) When the household's winnings exceed the SNAP disqualification resource standard for lottery or gambling winners, the household is disqualified and the worker closes the SNAP food benefit for the next advance notice effective date, per OKDHS Appendix B-2. Refer to OAC 340:50-9-5(j) for more information on required actions. (4) To regain resource eligibility,the household must reapply, meet non-categorical resource requirements, per 7 C.F.R. § 273.8 and OAC 340:50-7-6, and verify the winnings are spent down below the appropriate resource standard, per 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) of this Section applies. (c) Sponsored aliens. A household containing a sponsored alien must verify the value of liquid and non-liquid resources for their household and the alien's sponsor and sponsor's spouse, per OAC 340:50-5-49 and OAC 340:50-7-6. After subtracting $1,500 from countable resources, the household's countable resources must not exceed the appropriate resource standard for sponsored aliens, per Appendix C-3. (d) Expedited services. When the household applies for food benefits, it must declare the value of liquid resources available to the household. The worker accepts the household's statement regarding the value of liquid resources to determine expedited services eligibility, per OAC 340:50-11-1. Liquid resources include: (1) cash on hand; (2) checking or savings account balances; (3) the cash value of savings certificates; and (4) the cash value of stocks or bonds.

(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.

The worker excludes income listed in this Section from the household's countable income, from income of disqualified members whose income is counted, and from the income of ineligible aliens who would otherwise be household members, per Section 273.9 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.9). No other income is excluded. (1) In-kind income. In-kind income is any gain or benefit that is not in the form of money payable directly to the household, including meals, clothing, housing, or produce from a garden. (2) Vendor payments. Vendor payments are money payments made on behalf of a household by a person or organization outside of the household directly to the household's creditors or to a person or organization providing a service to the household. When funds owed to the household are diverted to pay to a third party for a household expense, they are counted as income. (3) Educational assistance. Educational assistance including grants, work-study, scholarships, fellowships, educational loans on which payment is deferred, veteran's education benefits, and the like are exempt. (4) Family Support Assistance Payment Program. Family Support Assistance Payment Program payments provided by Oklahoma Human Services (OKDHS) Developmental Disabilities Services (DDS) are excluded. (5) Income excluded by law. Any income that is specifically excluded by law from consideration as income for the purpose of determining Supplemental Nutrition Assistance Program (SNAP) eligibility is excluded. This includes, but may not be limited to: (A) reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law (P.L.) 91-646, § 216. Such payments are: (i) payments to persons displaced due to the acquisition of real property; (ii) relocation payments to a displaced home owner toward the purchase of a replacement dwelling when the owner purchased and occupied the dwelling within one year following displacement; and (iii) replacement housing payments to displaced persons not eligible for a home owner's payment; (B) payments received: (i) under the Alaska Native Claims Settlement Act, P.L. 92-203 § 21(a); (ii) under the Sac and Fox Indian Claims Agreement, P.L. 94-189; (iii) from the disposition of funds to the Grand River Band of Ottawa Indians, P.L. 94-540; (iv) from the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation, P.L. 95-433; (v) under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation, P.L. 96-420 § 5; (vi) by an individual as a lump sum or a periodic payment via the Cobell settlement, per the Claims Resolution Act of 2010, P.L. 111-291 § 101(f)(2); or (vii) by members of the Navajo and Hopi Tribes for relocation assistance, per P.L. 93-531; (C) any payment to volunteers under: (i) Title I of the Domestic Volunteer Services Act (DVSA) of 1973, Section 404 of Public Law 93-113 as amended, (42 U.S.C. § 5044(f)(1)), for participation in programs, such as AmeriCorps Volunteers in Service to America (VISTA) or Special Volunteer Programs when the person receives SNAP or public assistance benefits at the time they join the Title I program. Temporary interruptions in SNAP participation do not alter the exclusion. When the person joined the Title I program and started receiving volunteer payments before applying for SNAP or public assistance, the volunteer payments are counted as earned income; or (ii) Title IIof the DVSA, 42 U.S.C. § 5058, for participation in programs, such as the Retired and Senior Volunteer Program, the Foster Grandparent Program, and the Senior Companion Program; (D) income derived from certain submarginal land of the United States (U.S.) held in trust for certain Indian tribes, per P.L. 94-114 § 6; (E) Indian per capita payments distributed from judgment awards and trust funds made, per Section 2 of P.L. 98-64, 25 U.S.C. § 117b and 25 U.S.C. § 1407. For purposes of this paragraph, per capita is defined as each tribal member receiving an equal amount. Also excluded is any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds. Any interest or income derived from the funds after distribution is considered as other income. The per capita exclusion applies per person rather than per family; (F) income up to $2,000 per calendar year received by individual Indians, derived from leases or other uses of individually-owned trust or restricted lands. The income exclusion applies to calendar years beginning January 1, 1994. Remaining disbursements from the trust or restricted lands are considered income; (G) allowances, stipends, earnings, compensation in lieu of wages, grants, and other payments made for participation in the Workforce Innovation and Opportunity Act (WIOA) of 2014, or other federally-funded workforce training program to persons of all ages and student status with the exception of income paid to persons 19 years of age and older for on-the-job training, per Oklahoma Administrative Code (OAC) 340:50-7-29(b)(5). This income is treated as any other earned income; (H) payments, allowances, or earnings to persons participating in the AmeriCorps State and National program or the AmeriCorps National Civilian Community Corps authorized by the National and Community Service Actof 1990, 42 U.S.C. § 12637(d), and other payments to volunteers authorized by the National and Community Service Trust Act of 1993, P. L. 103-82, Section 12571 et seq. of Title 42 of the United States Code, and administered by the Corporation for National and Community Service; (I) payments or allowances made under any federal law other than Part A of Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., for the purpose of providing energy assistance, including utility reimbursements made by the Department of Housing and Urban Development (HUD) and the Rural Housing Service. Also a one-time payment or allowance made under a federal or state law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device; (J) the amount of the mandatory salary reduction of military service personnel used to fund the G.I. Bill; (K) benefits from State and Community Programs on Aging, per Title III and Title V of the Older Americans Act of 1965, as amended, by P.L. 114-144, Older Americans Act Reauthorization Act of 2016. Each state and various organizations receive Title V funds. These organizations include: (i) Experience Works; (ii) National Council on Aging; (iii) National Council of Senior Citizens; (iv) American Association of Retired Persons (AARP) Foundation; (v) U.S. Forest Service; (vi) National Association for Spanish Speaking Elderly; (vii) National Urban League; (viii) National Council on Black Aging; (ix) National Council on Indian Aging; (x) Asociación Nacional Pro Personas Mayores; (xi) Associates for Training and Development, Inc.; (xii) American Samoa; (xiii) Easter Seals, Inc.; (xiv) Goodwill Industries International, Inc.; (xv) Institute for Indian Development; (xvi) National Able Network; (xvii) National Asian Pacific Center on Aging; (xviii) National Caucus and Center on Black Aged, Inc.; (xix) National Older Worker Career Center; (xx) Operation A.B.L.E. of Greater Boston, Inc.; (xxi) Senior Service America, Inc.; (xxii) SER-Jobs for Progress National, Inc.; (xxiii) Workplace, Inc.; and (xxiv) VANTAGE Aging; (L) Earned Income Tax Credit (EITC) payments received as part of a tax refund and also EITC advance payments received as part of a paycheck, per P.L. 100-435 and refunds of the state EITC as a result of filing a state income tax return; (M) any payment made to an Oklahoma Supplemental Nutrition Assistance Program Works participant, per OAC 340:50-5-106, in order to participate in the program; (N) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.); (O) payments received under the Civil Liberties Act of 1988. These payments are made to persons of Japanese ancestry whose ancestors were detained in internment camps during World War II; (P) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from the exposure to radiation from nuclear testing and uranium mining under P.L. 101-426; (Q) payments received by an SSI recipient necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) approved under Section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act; (R) payments made to persons who were victims of Nazi persecution under P.L. 103-286; (S) funds distributed by the Federal Emergency Management Agency (FEMA) due to a disaster or an emergency to persons directly affected by the event, per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended, 42 U.S.C. § 5155(d). This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. For payments to be excluded, the disaster or emergency must be declared by the U.S. President; (T) monetary allowances,38 U.S.C. § 1823(c), provided to certain persons who are children of Vietnam War veterans; (U) Disaster Unemployment Assistance paid to persons unemployed as a result of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended, 42 U.S.C. § 5177; (V) benefits paid to certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II by the Filipino Veterans Equity Compensation Fund under Section 1002(g) of PL 111-5; (W) money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE) Program account or an ABLE account in any other state owned by the designated beneficiary of the account and established to pay for qualified disability expenses (QDE) is excluded from income or resource consideration, per Sections 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes and the ABLE Act of 2014, 26 U.S.C. § 529A. A person may have only one ABLE account. (i) The client must provide documents to verify the account meets exemption criteria before the funds are excluded. Once the client verifies that the savings or trust account is a valid ABLE account, no further account information is required. (ii) A contribution to an ABLE account by another individual is excluded unless the contribution exceeds the annual federal gift tax exclusion amount, per 26 U.S.C. § 2503(b). Any money deposited in the account in the calendar year in excess of the annual federal gift tax exclusion amount is considered as a resource in the amount deposited. (iii) A distribution from an ABLE account that is retained after the month of receipt is excluded in any month when spent on a QDE. Money withdrawn for reasons other than to pay a QDE is considered as a resource for the month of withdrawal. (iv) A QDE is any expense related to the blindness or disability of the individual and made for the benefit of the individual. QDE's include, but are not limited to: (I) education; (II) housing; (III) transportation; (IV) employment, training, and support; (V) assistive technology; (VI) health; (VII) prevention and wellness; (VIII) financial management and administrative services; (IX) legal fees; (X) expenses for ABLE account oversight and monitoring; (XI) funeral and burial; and (XII) basic living expenses; and (X) is income received by a member of the U.S. Armed Forces, per 37 U.S.C. Chapter 5 and, per 7 C.F.R. § 273.9(c)(20),that is: (i) received in addition to the service member's basic pay during combat deployment; (ii) received as a result of the service member's deployment or service in an area designated as a combat zone as determined pursuant to Executive Order or P.L.; and (iii) not received by the service member prior to the service member's deployment to or service in a federally designated combat zone. (6) Payments not considered income. (A) The payments in (i) through (iii) of this subparagraph are not considered as income. (i) Monies withheld from any income source to repay a prior overpayment from that same source. (ii) Monies voluntarily or involuntarily returned to repay a prior overpayment received from that same income source. (iii) Child support payments received by Temporary Assistance for Needy Families (TANF) recipients and sent to Child Support Services to maintain TANF eligibility. (B) Monies withheld or returned to repay overpayments in federal, state, or local means-tested assistance programs are counted when they are withheld or returned to repay overpayments resulting from an intentional program violation as established by the agency administering the program. (i) SNAPuses the term intentional program violation. (ii) The State Supplemental Payment to the Aged, Blind, and Disabled and TANF programs define intentional program violation using the terms restitution, fraud, and willful misrepresentation. (iii) The Social Security Administration (SSA) and Veterans Benefits Administration programs define intentional program violation as fraud. Supplemental Security Income (SSI) is a means-tested program within SSA. (7) Reimbursements. (A) Reimbursements for past or future expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household are not considered. Examples of excluded reimbursements may include: (i) job or training-related expenses, such as travel, per diem, uniforms, and transportation to and from job or training sites; (ii) out-of-pocket expenses incurred by volunteers in the course of work; (iii) medical or dependent care; (iv) services provided by Title XX of the Social Security Act; (v) an allowance provided by a state agency for children's clothing to enter or return to school when it is provided no more frequently than annually; and (vi) expenses necessary to participate in an education program under an employment and training program. (B) Reimbursements for normal living expenses, such as rent or mortgage, personal clothing, or food eaten at home are a gain or benefit and are not excluded. To be excluded, payments must be provided for an identified expense, other than normal living expenses, and used for the intended purpose. (C) When a reimbursement including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. The reimbursement amount that exceeds the actual incurred expenses is counted as income. A reimbursement is not considered to exceed actual expenses unless the provider or household indicates the amount is excessive. (D) The worker excludes any amount the employer adds to the employee's gross income as a benefit allowance to pay for a reimbursable expense, such as insurance or dependent care. When the monthly benefit allowance exceeds the monthly expense and the employer: (i) includes the excess in the employee's pay each month, the worker counts the excess benefit allowance as earned income; or (ii) retains any excess until the end of the year and then provides a yearly refund to the employee, the worker excludes the refund as income as it is considered a non-recurring lump sum payment per (10)(C) of this Section. (8) Money received for third parties. The worker excludes money the household receives and uses for the care and maintenance of a third-party beneficiary who is not a household member. (A) When the intended beneficiaries of a single payment include household and non-household members, any identifiable portion of the payment intended and used for the care and maintenance of the non-household member is excluded. (B) When the non-household member's portion cannot be readily identified, as in TANF cash assistance payments, the payment is evenly prorated among intended beneficiaries. The exclusion is applied to the non-household member's pro rata share or the amount actually used for the non-household member's care and maintenance, whichever is less. (9) Child's earnings. When a child is head of his or her own household, his or her earned income is counted. The earned income of an elementary or high school student 17 years of age and younger, under parental control of an adult household member is excluded. This exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment resumes following the break. When the child's earnings cannot be differentiated from those of other household members, the total earnings are prorated equally among the working members, and the child's prorated share is excluded. (10) Other types of excluded income. (A) Loans. All loans, including loans from private individuals and commercial institutions, are excluded as income. When the household states someone is loaning the household money to meet expenses, a statement signed by both parties is required indicating the payment is a loan and must be repaid. When the household states it receives loans on a recurrent or regular basis from the same source, the lender must sign an affidavit stating the payments are loans that must be repaid or that payments will be made in accordance with an established repayment schedule. (B) Irregular Income. Exclude any income in the certification period that is received too infrequently or irregularly to be reasonably anticipated when it is $30 or less per quarter. (C) Non-recurring lump sum payments. Exclude money received in the form of non-recurring lump sum payments including, but not limited to: (i) income tax refunds, rebates, or credits; (ii) retroactive lump sums from SSA, SSI, public assistance, Railroad Retirement benefits, or other payments; (iii) retroactive lump sum insurance settlements; or (iv) refunds of security deposits on rental property or utilities. (D) Cost of self-employment. Exclude the cost of producing self-employment income, per OAC 340:50-7-30. (E) Income of non-household members. The income of non-household members who are not considered disqualified or ineligible household members, per OAC 340:50-5-10.1, is not considered available to the household. Non-household members include roomers, boarders, children in foster care or children placed by DDS with extended family care providers who are not included in the food benefit household, live in attendants, students, and persons who share living quarters with the household but who do not customarily purchase food or prepare meals with the household, per OAC 340:50-5-5. (F) Charitable contributions. Exclude cash contributions based on need to a household from one or more private non-profit charitable organizations, not to exceed $300 in a federal fiscal year quarter. For the purposes of this provision a quarter includes these specific months: (i) October, November, December; (ii) January, February, March; (iii) April, May, June; and (iv) July, August, September. (G) Department of Housing and Urban Development's (HUD) Family Self-sufficiency Program (FSS) escrow accounts. Families participating in the HUD FSS program may withdraw money from escrow accounts prior to completion of the program. This money is excluded as income. (H) Individual Development Account (IDA). Up to $2,000 in cash deposited and the interest accrued in an IDA operated under the Assets for Independence Act, as amended, per P. L. 106-554, P. L. 107-110 and P. L. 114-95, is excluded as income.

(a) Sources of income considered. The worker considers all household income, unless specifically excluded, per Section 273.9(c) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.9(c)) and Oklahoma Administrative Code (OAC) 340:50-7-22, in determining monthly gross income. Income is classified as earned or unearned. When one or more household members are absent from the home, before deciding whether to consider the absent household member's income, the worker determines if the person returns to the home for part of the month. (1) The worker does not include the absent member in the benefit amount and only counts the portion of his or her income that he or she makes available to the rest of the household when the household member does not return for part of the month, per OAC 340:50-5-2. (2) When the household member returns for part of each month, the worker includes him or her in the benefit amount and counts all of his or her income unless excluded, per OAC 340:50-7-22. (b) Earned income. Per 7 C.F.R. § 273.9(b)(1), earned income is income a household receives in the form of wages, commission, self-employment, or training allowances, and for which a person puts forth physical labor. (1) Wages. Wages and salaries include sick pay the employer pays to an employee who plans to return to work when recovered, excess benefit allowance payments, and wages garnished or diverted to pay a third party for a household's expenses. Countable wages for military personnel include any allowance included on the earnings statement, such as the Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS). (2) S corporations. When a household member is a shareholder in an S corporation, he or she may receive profits from the business in two ways; as a salary or as a profit share of the business. Both types of income are reported on the household member's personal income tax return. Salary income is considered as earned income and profit share income is considered as unearned income per (c)(8) of this Section. (3) Self-employment. Refer to OAC 340:50-7-30 for self-employment income procedures. (4) Title I payments of the Domestic Volunteer Services Act (DVSA). Volunteer payments made to a household member under Title I of the DVSA of 1973, as amended, per Section 404 of Public Law (P.L.) 93-113, Section 5044(f)(1) of Title 42 of the United States Code and 7 C.F.R. § 273.9(c)(10)(iii), are counted as earned income when the household member started receiving the payments prior to applying for Supplemental Nutrition Assistance Program (SNAP) or public assistance. When the person receives SNAP or public assistance benefits at the time of joining the Title I program, the volunteer payments are not counted. Title I programs include AmeriCorps Volunteers in Service to America (VISTA) and Special Volunteer Programs. (5) On-the-job training (OJT). The worker counts income from OJT positions as earned income. This includes OJT provided, per Section 3(44) of the Workforce Innovation and Opportunity Act (WIOA) of 2014, P.L. 113-128 for persons 19 years of age or older and monies paid by an employer. (6) Training allowances. Training allowances from vocational or rehabilitative programs federal, state, or local governments recognize, such as the work incentive program, to the extent they are not a reimbursement. Training allowances received under WIOA are excluded. (7) Sale of whole blood or plasma. The sale of whole blood or blood plasma is considered as earned income. (8) Developmental Disabilities Services (DDS) payment. When the household receives a DDS payment as an extended family care provider for services provided in addition to the child's room and board payment, it is considered as earned income. (c) Unearned income. In general, unearned income is income a household receives and is not in the form of wages, self-employment, or training allowances, and for which a person does not put forth physical labor. The income listed in (1) through (11) of this subsection, while not all inclusive, are considered unearned, per 7 C.F.R. § 273.9(b)(2). (1) Assistance payments. The worker counts payments from a federally aided public assistance program, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or assistance programs based on need, such as State Supplemental Payments, as unearned income. When such payments are received by a third party, they are counted as income for the person to whom it is legally owed. (A) A household's food benefit amount does not increase when the public assistance benefit the household receives under a federal, state, or local means-tested public assistance program is reduced, suspended, or closed because the public assistance program imposed a penalty due to an intentional program violation determined as fraud or a household member's failure to comply with a requirement of that program. (i) To impose a food benefit sanction, the person must be certified for SNAP benefits at the time of the failure to comply and receiving regular benefits from the other program at the time fraud occurred or the household failed to comply with a substantive program requirement. (ii) Examples of means-tested public assistance programs include SSI and TANF. (iii) Substantive requirements are behavioral requirements of that program designed to improve the well-being of the household. For TANF, this includes: (I) complying with TANF Work requirements, per OAC 340:10-2. OAC 340:10-2-2 explains the TANF penalty considered for SNAP when the household fails to comply with TANF Work activities; (II) cooperating to obtain child support, per OAC 340:10-10-5; (III) providing a Social Security number, per OAC 340:10-12-1; (IV) ensuring school-age children regularly attend school, per OAC 340:10-13-1; (V) verifying children meet immunization requirements, per OAC 340:10-14-1; and (VI) not using the TANF benefit in a prohibited business, per OAC 340:10-1-3. (iv) Procedural requirements that do not trigger a penalty include failing to: (I) provide verification; (II) complete an interview; or (III) complete a benefit renewal. (v) When a worker is not able to obtain the necessary information and cooperation from another federal, state, or local means-tested welfare, or public assistance program to comply with the provision in (A) of this paragraph, Oklahoma Human Services (OKDHS) is not held responsible. The worker must make a good faith effort to get the needed information and record the details and results of this effort in the case file. (vi) The worker does not reduce, suspend, or close the household's current food benefit amount when the benefits under another assistance program are decreased. (vii) When the worker adds eligible members to the food benefit, the benefit must be adjusted regardless of whether the household is prohibited from receiving benefits for the additional member under another federal, state, local welfare, or public assistance means-tested program. (viii) Changes in household circumstances not related to the penalty imposed by another federal, state, local welfare, or public means-tested assistance program are not affected by the provision in (A) of this paragraph. (ix) The application of the provision in (A) of this paragraph applies for the duration of the imposed penalty or until OKDHS cannot determine the amount of the penalty. (x) SNAP sanctions extending beyond one year are reviewed at least annually to determine if the sanction continues to apply. (B) The provision in (A) of this paragraph does not apply to persons or households subject to disqualification from SNAP for noncompliance with a comparable work requirement, per Title IV of the Social Security Act or an unemployment compensation work requirement. (2) Annuity, pension, retirement, and Social Security payments. Annuities, pensions, retirement, and Social Security benefits are considered as unearned income. When a third party receives Social Security benefits it is counted as income for the person to whom it is legally owed. (3) Veterans', disability, worker's or unemployment compensation payments, and striker's benefits. Veterans', disability, worker's or unemployment compensation payments, and striker's benefits are considered as unearned income. (4) Support and alimony. Support and alimony payments paid directly to the household from non-household members are considered as unearned income. Money deducted or diverted to a third party to pay a household expense is unearned income when the court order directs the payment be made to the household. When the court order states the payment must be paid to a third party, it is not income. (5) Grants, dividends, royalty, and interest payments. Payments from government sponsored programs, such as Agricultural Stabilization and Conservation Service Programs, grants, dividends, royalties, interest, and all other direct money payments from any source construed to be a gain or profit are considered as unearned income. The household must provide proof of income from these sources, so the worker may average income to determine monthly countable income. (6) Monies withdrawn or dividends that are or could be received by a household from trust funds. Monies withdrawn or dividends from a trust the household has the option of receiving as income or reinvesting in trust funds considered to be excludable resources are considered income in the month they become available to the household unless otherwise exempt, per OAC 340:50-7-22. (7) Department of Veteran's Affairs (VA) Aid and Attendance. When a person receives VA Aid and Attendance income and does not pay someone outside of the food benefit household to care for him or her, this is considered as countable income. Any portion of the VA Aid and Attendance paid to someone outside of the food benefit household for care is excluded. (8) Profit sharing. When a household member is a shareholder in an S corporation or a partner who is not self-employed, per OAC 340:50-7-30(a)(4), the household member may receive a distribution or profit share from the business. This is considered as unearned income. (9) Foster care and DDS room and board payments. The household has the option of including a child receiving a foster care payment that includes a kinship care payment or a DDS room and board payment in the food benefit household. When the household chooses not to include the child, his or her income is not considered, per OAC 340:50-5-5. Foster care payments for children or adults included as household members are considered an unearned income. (10) Adoption subsidy and guardianship payments. When a member of the household receives an adoption subsidy or guardianship payment from OKDHS, it is counted as unearned income. The child for whom the payment is received must be included in the SNAP food benefit. (11) Sponsor's income. When a household contains a sponsored alien, refer to OAC 340:50-5-49 to determine if the income of the sponsor and the sponsor's spouse must be deemed to the sponsored alien. (d) Income of excluded household members. Per OAC 340:50-5-10.1, excluded household members are termed as disqualified or ineligible. The worker does not consider the needs of a disqualified or ineligible household member when determining the household's size for purposes of assigning a benefit level to the household or comparing the household's monthly income with the income eligibility standard, per 7 C.F.R. § 273.11(c)(2)(iv). (1) Disqualified household members. The worker counts the disqualified household member's income in its entirety as available to the remaining household members, per 7 C.F.R. § 273.11(c)(1)(i). The worker does not prorate utility, medical, dependent care, child support expenses, or excess shelter deductions. Per OAC 340:50-5-10.1, disqualified household members are those excluded for: (A) committing an intentional program violation; (B) failing to meet work registration requirements; (C) meeting fleeing felon criteria; or (D) being a probation or parole violator. (2) Ineligible household members. The worker prorates the income of ineligible household members among all household members, per 7 C.F.R. § 273.11(c)(2)(ii) and (3). (A) Per OAC 340:50-5-10.1, ineligible household members are those excluded because they do not meet a program requirement, such as: (i) failure to obtain or refusal to provide a Social Security number; (ii) being an ineligible alien; (iii) being an able-bodied adult without dependents and not meeting work requirements; or (iv) failure to cooperate with providing requested verification regarding unclear information. (B) The worker counts a pro rata share of the ineligible household member's income as income available to the remaining members by first subtracting the allowable income exclusions, per OAC 340:50-7-22, from the ineligible member's income and dividing the income evenly among the eligible household members and the ineligible member. (C) The worker counts all but the ineligible member's share as income available to the remaining household members. The earned income deduction, per OAC 340:50-7-31(a)(2), and OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, applies to the prorated income attributed to the household when it was earned by the ineligible member. (D) The portion of the household's allowable shelter, child support, and dependent care expenses paid by or billed to the ineligible member is divided evenly among the household members, including the ineligible member. All but the ineligible member's share is considered a deductible shelter expense for the remaining household members, with the exception of utility expenses, per 7 § C.F.R. § 273.9(d)(6)(iii)(F), or the standard homeless shelter deduction, per 7 C.F.R. § 273.9(d)(6)(i). When the: (i) household is responsible for utility expenses, the household is allowed the full utility standard for which it qualifies, per OAC 340:50-7-31; or (ii) homeless household is responsible for shelter costs, the household is allowed the full standard homeless shelter deduction, per OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions, or the prorated excess shelter deduction the household incurs, whichever results in the most benefits for the household, per OAC 340:50-7-31(a)(6)(A)(v).

(a) Person considered self-employed. A person is considered self-employed when: (1) he or she claims self-employed status; (2) he or she works as a sole proprietor or an independent contractor; (3) he or she is in business for oneself, including a part-time business or gig work; (4) he or she earns self-employment income from a partnership according to United States Internal Revenue tax forms; (5) there is an employer/employee relationship and the employer does not withhold income taxes or Federal Insurance Contributions Act (FICA), even when required by law to do so; or (6) the employer withholds taxes and the person provides proof he or she files taxes as self-employed. (b) Self-employment income. Self-employment income received by household members whose income is derived from a self-employment enterprise owned solely or in part by the household member or when the household member works for an employer, but is considered self-employed per (a) of this Section, is treated per (1) through (10) of this subsection. (1) Capital gains. The worker counts as income the proceeds from the sale of capital goods or equipment and calculates it in the same manner as a capital gain for federal income tax purposes. Even though a percentage of the proceeds from the sale of capital goods or equipment are taxed for federal income tax purposes, the worker counts the full amount of capital gain as income. (2) Profit sharing. Households who operate S corporations, general or limited partnerships, or limited liability companies (LLC) may receive profit sharing that is reported on the household's personal income tax return. (A) S corporation profit sharing is considered unearned profit-sharing income. Refer to Oklahoma Administrative Code (OAC) 340: 50-7-29(b)(2) and (c)(7) for information regarding S corporations. (B) Partnerships are unincorporated businesses with two or more partners. Each partner may receive a profit share from the business. When the partner's Schedule K-1 (Form 1065), Partner's Share of Income, includes self-employment income, the worker considers the partner's profit share as self-employment income. (3) Self-employed farm income. To be considered a self-employed farmer, the farmer must receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise. (A) Farming is defined as cultivating or operating a farm for profit either as owner or tenant. (B) A farm includes stock, dairy, poultry, fish, fruit, truck farms, or plantations, ranches, ranges, or orchards. (i) A fish farm is an area where fish are grown or raised, artificially fed, protected, and cared for, and does not include an area where they are only caught or harvested. (ii) A plant nursery is a farm for purposes of this definition. (C) Per Section 273.11(a)(2)(ii) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.11(a)(2)(ii)), when the cost of producing self-employment farm income exceeds the income received, the worker offsets the losses against other countable household income by: (i) first offsetting the losses against other self-employment income; and (ii) then offsetting any remaining farm self-employment losses against the total amount of earned and unearned income received by the household after applying the earned income deduction, per OAC 340:50-7-31(a)(2). (D) When the household's self-employment farm income exceeds the cost of producing the farm income and there are no losses to offset, the worker calculates the self-employment farm income as regular self-employment income per (b)(7) of this Section. (4) Monthly self-employment income. Self-employment income received on a monthly basis that represents a household's annual support, is normally averaged over a 12-month period. When the averaged amount does not accurately reflect the household's actual monthly circumstances because the household experienced a substantial increase or decrease in business, the worker calculates the self-employment income based on anticipated earnings. (5) Seasonal self-employment income. Self-employment income intended to meet the household's needs for only part of the year is averaged over the period of time it is intended to cover. For example, the income of self-employed vendors who work only in the summer and supplement their income from other sources during the balance of the year is averaged over the summer months rather than a 12-month period. (6) Annualized self-employment income. Self-employment income that represents a household's annual support is annualized over a 12-month period, even when the income is received in a shorter period of time. For example, self-employment income crop farmers receive is averaged over a 12-month period when the income represents the farmer's annual support. (A) When the household's self-employment income has been received for less than a year, the income is averaged over the period of time received and the monthly amount projected for the coming year. (B) When the household's self-employment income has been received for a short time and there is insufficient data to make a reasonable income projection, the worker does not consider income from this source until the benefit renewal or certification renewal month. At benefit renewal or certification renewal, the worker averages the income over the number of months received until a full year's information is available. (7) Determining net monthly annualized self-employment income. When the household has business expenses associated with its self-employment income, the business expenses are deducted before determining if the household meets the maximum gross income standards, per Oklahoma Human Services (OKDHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions. When the household does not have business expenses, the gross self-employment income is used. (A) When the household filed an income tax return on its self-employment income for the most recent year, the worker uses the gross self-employment income shown on the income tax return, subtracts 50 percent of the income for claimed business expenses, and divides the net self-employment income by the number of months to be averaged, per 7 C.F.R. § 273.11(b)(3)(iv). (B) When the household did not file an income tax return on its self-employment income for the most recent year, the worker uses (i) through (iii) of this subparagraph to determine the net monthly self-employment income. (i) The worker computes gross self-employment income, including capital gains, using the household's self-employment business records or employer records, when applicable. (ii) When the household declares incurred business expenses, the worker subtracts 50 percent of the gross self-employment income as business expenses, per 7 C.F.R. § 273.11(b)(3)(iv). When the household did not incur business expenses, a business expense deduction is not given. (iii) The worker then divides the net self-employment income by the number of months to be averaged. (C) The worker adds monthly net self-employment income to all other earned income the household receives. When the household reports a loss instead of a profit on the business, the worker does not deduct the loss from other household income. (i) The worker adds the total monthly earned income, less the earned income deduction per OKDHS Appendix C-3 to all other monthly income the household receives. (ii) The worker subtracts the standard deduction, dependent care, and shelter costs as for any other household, per OAC 340:50-7-31, to determine the monthly net income of the household. (8) Anticipated income. When a household who would normally have the self-employment income annualized experiences a substantial increase or decrease in income, the worker does not calculate self-employment income on the basis of prior earnings, such as income tax returns. Instead, the worker calculates the self-employment income using only the income that can reasonably be anticipated to project future earnings. The worker uses procedures in (b)(7)(B) and (C) of this Section to determine net monthly self-employment income. (9) Household with income from boarders. A household that operates a commercial boarding house may be considered a food benefit household and self-employed per (7) of this subsection. A household with boarders or roomers that is not a commercial boarding house may receive food benefits per (A) through (C) of this paragraph. (A) The worker excludes a person paying a reasonable amount for room and board from the household and counts payments from the boarder as self-employment income when determining the household's eligibility and benefit level. (i) The income from a boarder includes all direct payments to the household for room and meals, including contributions to the household for part of the household shelter expense. (ii) The worker does not count expenses a boarder pays directly to someone outside the household as income to the household. (B) The worker excludes 50 percent of the boarder payment as the cost of doing business. (C) The worker includes the net income from self-employment with other earned income minus the earned income deduction. (i) The worker computes the shelter cost the household incurs, even when the boarder contributes part of the shelter expense, to determine if the household qualifies for a shelter deduction. (ii) The shelter and utility cost does not include any expense billed to and directly paid by the boarder to a third party. (10) Rental income. The worker considers income received from rental property as self-employment income. (A) The worker treats rental income as earned income when a member of the household actively manages the property an average of at least 20 hours per week. (B) When a household member does not actively manage the property at least 20 hours each week, the worker considers the income as unearned. The person is eligible for business expenses per (7) of this subsection.

(a) Deductible expenses. Households are allowed certain deductible expenses from income as described in (1) through (6) of this subsection and per Section 273.9(d) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.9(d)). The household reports current medical, dependent care, legally-binding child support, and shelter expenses at certification, mid-certification renewal, and certification renewal. The household must also report current shelter costs when the household moves. (1) Standard deduction. All households are allowed a standard deduction, per Oklahoma Department of Human Services (DHS) Appendix C-3, Maximum Food Benefits Allotments and Standards for Income and Deductions. (2) Earned income deduction. Households with earned income are allowed an earned income deduction, per DHS Appendix C-3, to cover the cost of state and local income taxes, pensions, union dues, and work related expenses. Refer to Oklahoma Administrative Code (OAC) 340:50-7-30 for information regarding business expenses for self-employed persons. (3) Medical expense deduction. A medical expense deduction is only allowed for household members meeting the definition of elderly or disabled, per OAC 340:50-5-4. For these household members, medical expenses exceeding $35 per month are deductible when verified. The $35 is subtracted from medical expenses once per household, not per person, when the household has more than one elderly or disabled member. (A) Allowable medical expenses. Allowable medical expenses must be prescribed or approved by a state licensed or qualified practitioner and include: (i) medical and dental care, including psychotherapy and rehabilitation services provided by a licensed practitioner or other qualified health professional authorized by state law; (ii) hospitalization or outpatient treatment, nursing care, and nursing home care, including payments by the household for a person who was a household member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state; (iii) prescription drugs and other over-the-counter medication including insulin, when approved by a licensed practitioner or other qualified health professional authorized by state law. This does not include the cost of a Schedule I controlled substance under the Controlled Substances Act, Section 801 et. seq. of Title 21 of the United States Code, or any expenses associated with its use; (iv) costs of medical supplies, sick-room equipment including rentals, or other prescribed equipment; (v) health, dental, and hospitalization policy premiums; (vi) Medicare premiums and any cost-sharing or spend-down expenses incurred by Medicare or SoonerCare (Medicaid) recipients; (vii) dentures, hearing aids, and prosthetics; (viii) eye glasses prescribed by a licensed practitioner; (ix) reasonable cost of lodging and transportation to obtain medical treatment or services. Lodging costs are allowed when the elderly or disabled member is required to spend the night away from home to receive medical services. Reasonable transportation costs are based on the type of transportation used. When the elderly or disabled member: (I) uses his or her vehicle, the state's current mileage reimbursement is allowed; (II) uses public transportation, the actual cost of the transportation is allowed; or (III) pays a non-household member for transportation, the amount charged by the person is allowed; (x) maintaining an attendant, homemaker, home-health aide, child care services, or housekeeper due to age, infirmity, or illness. When this expense also qualifies as a dependent care expense per (4) of this subsection, it is considered a medical expense rather than a dependent care expense. Additionally, when the household furnishes a majority of the caretaker's meals, an amount equal to one allotment is added to the medical expense for meals provided. The allotment used is the amount in effect at certification; and (xi) costs associated with all service animals specially trained to serve the needs of elderly or disabled program participants. This includes maintenance costs, such as veterinary bills, food, and other expenses for these service animals. (B) Medical expenses not allowed. Expenses not allowed include: (i) costs associated with special diets; (ii) premiums for health and accident insurance policies, such as those payable in lump sum settlements for death or dismemberment; (iii) premiums for income maintenance policies, such as those that continue mortgage or loan payments while the beneficiary is disabled; (iv) items that can be purchased with food benefits, such as dietary supplements; (v) the cost of meals or other incidentals when the person spends the night away from home to receive medical services; and (vi) medical marijuana or any expenses associated with its use. (C) Medical expense verification requirements. Households are required to report and verify medical expenses at certification and certification renewal. Households are not required to report changes in medical expenses during the certification period. (i) When a household voluntarily reports a reduction in medical expenses that will decrease the food benefit allotment, no verification is needed. However, the change requires notice of adverse action, per OAC 340:50-9-5. (ii) When a household voluntarily reports additional medical expenses that will increase the food benefit allotment, the household must verify the additional expenses before the worker changes the medical expense deduction. (iii) When the additional medical expenses are one-time expenses, such as hospital costs, dental expenses, or the purchase of prescription eyeglasses, the expense is only allowed when the person reports and verifies the expense before it becomes past due. When a portion of the expense will be paid by a vendor or insurance payment, the worker does not allow the expense until the amount owed by the person is verified. Once verified, the household may choose to: (I) deduct the entire expense in the month incurred or when it becomes due; (II) average the expense over the remaining months of the certification period; or (III) average the expense over the scheduled length of a payment plan. (iv) When the worker finds out about a change from a source other than the household, the change is acted on when verified upon receipt, such as when the worker is notified via data exchange of a Medicare premium change. The worker does not contact the household for additional information. When the change requires household contact for additional information or verification, the worker does not make the change. (v) When a household reports but does not verify an anticipated medical expense, the worker informs the household the expense will be allowed when the household provides verification. (4) Dependent care. Dependent care is payment for the actual cost for the care of a child under 18 years of age or other dependent of any age with disabilities when necessary for a household member to seek, accept, or continue employment or to attend training or education preparatory to employment. Dependent care costs may include activity fees and the cost of transportation to and from the dependent care facility. (A) The deduction applies regardless of whether the household member is subject to the Supplemental Nutrition Assistance Program Employment and Training requirements. (B) When the expense also qualifies as a medical expense per (a)(3) of this Section, it is considered a medical expense rather than a dependent care expense. (C) There is no maximum dependent care deduction. The total reported by the client is an allowable expense as long as it meets the criteria in this Section. (D) Dependent care is only verified when the expenses claimed actually result in a deduction and other information available to the worker is inconsistent with the household's claim that it incurs a dependent care expense. (5) Legally-binding child support. A deduction is allowed for verified legally-binding child support payments paid by a household member to or for a non-household member, including payments made to a third party on behalf of the non- household member. (6) Shelter costs. A household is allowed a shelter deduction when the monthly shelter cost exceeds 50 percent of the household's income after all other deductions are allowed, per 7 C.F.R. § 273.9(d)(6)(ii). The shelter deduction cannot exceed the maximum amount allowed per DHS Appendix C-3, unless the household includes an elderly or disabled member. Households with an elderly or disabled member receive an excess shelter deduction for the monthly cost exceeding 50 percent of the household's income after the deductions listed in (1) through (6) of this subsection are allowed. When the household includes a non-household member or disqualified member, refer to (b)(5) and (6) of this Section to determine whether to prorate shelter costs. (A) Allowable rent or mortgage costs. Allowable rent or mortgage costs for the (i) monthly rent or mortgage payment, or other continuing charges leading to the ownership of the shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments; (ii) charge for renting or buying the land on which a mobile home is located; (iii) property taxes, state and local assessments, and insurance on the structure. A mobile home is taxed as part of the property tax when the land is owned or being purchased; (iv) personal property tax for unregistered mobile homes on rented land; or (v) standard homeless shelter deduction, per DHS Appendix C-3, or the excess shelter deduction described, per (a)(6) of this Section, whichever results in the most food benefits for the household, when a homeless household incurs or expects to incur a shelter cost. (B) Expenses not considered as shelter costs. The worker does not consider as shelter costs, the cost for: (i) insuring furniture or personal belongings when paid separately from the insurance on the home; (ii) vehicle registration or a tag for a mobile or motor home; or (iii) personal property tax except as allowed, per (6)(A)(iv) of this subsection. (C) Allowable utility costs. When the household incurs utility expenses, it is eligible for one of three standard utility allowances based on criteria in (i) through (iii) of this subparagraph. The applicable utility standard amount is specified, per DHS Appendix C-3. (i) The standard utility allowance (SUA) is based on annual averages that include costs for heating or cooling; and cooking fuel, electricity, basic phone service, water, sewage, and garbage. This includes households that receive Low Income Heat Energy Assistance Payments (LIHEAP). (I) The household is eligible for the SUA when the household is billed for heating or cooling during the year. Households billed less often than monthly for heating costs, such as butane or propane may continue to use the utility standard between billing months. (II) When a household reports they no longer incur a heating or cooling expense, but still have a utility expense, the standard must be changed to the basic utility allowance (BUA) or telephone standard. (III) When a household's heating or cooling expenses are partially reimbursed or paid by an excluded payment, such as a vendor payment, Housing and Urban Development (HUD), or Farmers Home Administration (FmHA) payment, the household remains eligible for the SUA. (ii) The BUA includes utility charges the household incurs other than for heating and/or cooling, such as cooking fuel, water, sewage, garbage collection, and basic phone service. (iii) The telephone standard is used when the household is not entitled to use the SUA or BUA, but has a phone cost. (D) When shelter costs for an unoccupied home are allowed. Shelter costs for an unoccupied home may be allowable when the household is temporarily away from home because of illness, a disaster or casualty loss to the home, or to attend an employment or training opportunity. (i) For the cost of a vacated home to be included in shelter costs the: (I) household must intend to return to the home; (II) current occupants of the home, if any, must not claim the shelter costs during the household's absence; and (III) home must not be rented or leased during the household's absence. (ii) A household that has an occupied home and an unoccupied home is only allowed one standard utility deduction. (b) Expense calculation. The worker calculates a household's expenses based on the expenses the household expects to be billed for during the certification period. The worker anticipates expenses based on the most recent month's bills unless the household is reasonably certain a change will occur. (1) Billing fluctuations. The household may elect to average expenses when the billed amount fluctuates monthly, is billed less often than monthly, or as in the case of some medical expenses, the expense changes throughout the certification period. (2) When expenses are owed but not paid. The household is allowed a deduction in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense. A particular expense may be deducted only once. (3) Reimbursed expenses. The portion of an expense paid by an excluded reimbursement or vendor payment is not deductible. The amount left after deducting the excluded payment is deductible and includes HUD and Farmers Home Administration (FmHA) rent and utility payments. Expenses are only deductible when the service is provided by someone outside of the household and the household makes a monetary payment for the service. (4) One-time expenses. The household may choose to average one-time expenses over the entire certification period in which they are billed, per 7 C.F.R. § 273.10(d)(3). When the household reports a one-time expense during the certification period, the household may choose to: (A) deduct the entire expense for the next effective month; or (B) average the expense over the remaining months in the certification period beginning with the next effective month. When the household is certified for 24 months and the one-time expense was incurred in the: (i) first 12 months of the certification period, the household may elect to deduct the expense in one month, average the expense over the remaining months in the first 12 months of the certification period or average the expense over the remaining months in the certification period; or (ii) the second 12 months of the certification period, the household may elect to have the expense deducted in one month or averaged over the remaining months in the certification period. (5) When the household includes a disqualified household member. When the household includes a disqualified household member, per OAC 340:50-5-10.1, the worker does not prorate allowable deductions because the disqualified member's income is counted in its entirety, per OAC 340:50-7-29(d). (6) When the household includes an ineligible household member. When the household includes an ineligible household member, per OAC 340:50-5-10.1, the worker prorates the allowable deductions evenly between the household members, including the ineligible member, with the exception of (A) and (B) of this subparagraph, because the ineligible member's income is also prorated, per OAC 340:50-7-29(d). When the household is: (A) responsible for utility expenses, the household is allowed the full utility standard deduction for which it qualifies per (a)(6)(C) of this Section; or (B) homeless and incurs shelter costs, the household is eligible for the full standard homeless shelter deduction or for a prorated share of excess shelter deduction, whichever results in more food benefits for the household. (7) When the household includes a non-household member. When the household shares deductible expenses with a non-household member, the worker only deducts the amount the household actually pays or contributes toward household expenses with the exception of the utility expenses. When the household pays part of the utility expenses, the household is allowed the full utility standard deduction for which it qualifies, per (a)(6)(C) of this Section. When the payments or contributions cannot be differentiated, the worker prorates the expenses evenly among persons actually paying or contributing to the expense and deducts only the household's pro rata share with the exception of the utility expenses.

(a) Household income. The worker counts all income the household expects to receive during the certification period except for income sources excluded per Oklahoma Administrative Code (OAC) 340:50-7-22. (b) Income verification. The worker verifies the gross, non-exempt income for all households prior to certification. When all attempts to verify income are unsuccessful because the person or organization providing the income fails to cooperate with the household, the worker calculates income based on the best available information. (1) Method of verifying income. The worker uses documentary evidence as the primary source of verification per Section 273.2(f) of Title 7 of the Code of Federal Regulations. Documentary evidence consists of a written confirmation of a household's circumstances. The household has primary responsibility for providing documentary evidence. The worker must assist the household when requested, when the household is willing, but unable to obtain the documentary evidence. (A) Documents that verify earned income include, but are not limited to: (i) pay stubs; (ii) employee W-2 forms; (iii) wage tax receipts; (iv) state or federal income tax returns; (v) self-employed bookkeeping credits; (vi) sales or expenditure records; (vii) employer wage records; (viii) statements from an employer; (ix) Oklahoma Employment Security Commission statements; or (x) Oklahoma Tax Commission statements. (B) Documents that verify unearned income, include, but are not limited to: (i) award letters; (ii) benefit payment checks; (iii) correspondence on benefits; (iv) income tax records; (v) support and alimony payments as evidenced by court order; (vi) divorce or separation papers; or (vii) contribution checks. (C) Alternate income verification sources include, but are not limited to: (i) State Data Exchange (SDX) system screens; (ii) Beneficiary and Earnings Data Exchange (BENDEX) system screens; (iii) OESC wage and unemployment compensation screens; (iv) union records; (v) workers' compensation records; (vi) information received from the Department of Veterans Affairs records; or (vii) tax records. (2) Unreported income. The worker explores the possibility of unreported income when situations described in this subsection occur. (A) The household may have unreported income when: (i) the applicant or recipient is employable and does not report earnings; (ii) the household reports zero income; (iii) the household reports household expenses, paid or unpaid that exceeds the amount of income reported. Household expenses may include rent or mortgage payments, utility payments, car payment, or other personal expenses; (iv) it appears a household member may be eligible for other benefits, such as Social Security, Supplemental Security Income (SSI), unemployment compensation, or public assistance; or (v) other questionable situations occur. (B) When the household states someone is loaning the household money to meet expenses, a statement signed by both parties indicating the payment is a loan and must be repaid is sufficient verification. When the household states it receives loans on a recurrent or regular basis from the same source, the provider of the loan must sign a notarized affidavit that states the payments are loans that must be repaid or that payments will be made in accordance with an established repayment schedule.

(a) Converting income. When the household receives income more often than monthly, the worker converts the income to a monthly amount as indicated in (1) through (5) of this subsection. When the amounts to be converted differ, such as fluctuating daily, weekly, or biweekly amounts, the worker averages the income per (c) of this Section. The worker carries cents through all steps and then rounds the monthly income amount to the nearest dollar with one cent through 49 cents rounded down and 50 cents through 99 cents rounded up. (1) Daily. The worker converts income received on a daily basis to a weekly amount. When there is a consistency in days worked each week and a regularity of pay dates, the worker multiplies the weekly income by 4.3. When there is no consistency, refer to (5) of this subsection for irregular income processing. (2) Weekly. The worker multiplies income received weekly by 4.3. (3) Twice a month. The worker multiplies income received twice a month by 2. (4) Biweekly. The worker multiplies income received every two weeks by 2.15. (5) Irregular income. The worker does not convert income received at irregular intervals by 4.3, 2, or 2.15, when there is no consistency in the work offered or when pay is received. Instead, the worker adds all irregular income received in the calendar month together to arrive at a monthly average. When more than one month of irregular income is available, the worker totals the income and divides it by the number of months used. (b) Anticipating income. For the purpose of determining the household's eligibility and monthly benefit allotment, the worker takes into account the income already received by the household and any anticipated income the household is reasonably certain to receive during the certification period per Section 273.10(c)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.10). (1) Application month income. In the application month, the household's anticipated income may be less than a full month's wages. In this case, the worker uses actual or actual anticipated income for the month of application. When the person receives an extra paycheck in the application month due to a third or fifth week and the income is ongoing, the worker converts the income to anticipated income for the application month. For the remaining months of the certification period, the worker averages and converts the income to a monthly amount. (2) Uncertain income. The worker does not count income when the date and amount to be received is uncertain. Examples of uncertain income include, when a household's anticipated income is from a new job and the date and amount of the first paycheck is not known or when a household member recently applied for public assistance or unemployment benefits and does not know if or when the initial payment may be made. (A) The worker does not consider the anticipated payment unless there is reasonable certainty concerning the month the payment will be received and the amount of the payment. (B) When some, but not all, household income is not known, the portion that can be anticipated with reasonable certainty must be considered as income. (C) When the worker can reasonably anticipate income receipt, but the monthly amount fluctuates, the worker may elect to average the income per (c) of this Section. (D) Households are advised to report all changes in gross monthly income as required. (3) Income received in the past 30-calendar days. Income received during the past 30-calendar days may be used as an indicator of income anticipated to be available to the household during the next certification period. Past income is not used to anticipate future income for any month in which an income change occurred, can be anticipated, or terminated. (4) Regular employment. When the head of the household or other members of the household have regular employment, income from previous months is a good indicator of the amount of income to anticipate for the application month and subsequent months. When the household or collateral contact supplies information indicating future income will differ substantially from the previous month's income, the worker uses the information to make a reasonable estimate of the anticipated income. (5) Withheld wages. Wages withheld at the request of the employee are considered income to the household in the month the wages would otherwise be paid by the employer. Wages withheld by the employer as a general practice, even when in violation of the law, are not counted as income to the household unless the household anticipates it will ask for and receive an advance, or the household anticipates that it will receive income from previously held wages. Advances on wages are counted as income when they can be reasonably anticipated. (c) Averaging income. Households, except for destitute and migrant or seasonal farm worker households, may have their income averaged per 7 C.F.R. § 27310(c)(3). To determine the household's eligibility, the worker adds all other income to the averaged monthly income and subtracts applicable income exclusions and deductions in the normal manner. (1) Fluctuating income. Households with fluctuating income may elect to have the income averaged. (A) When the household indicates the most recent 30-calendar day's income is representative of anticipated future earnings, the worker uses this income to compute gross monthly income. (B) When the household indicates the most recent 30-calendar days of income is not representative of anticipated future income, the worker averages additional months of income to compute a representative anticipated monthly gross income. (C) Income received more often than monthly is converted to a monthly income prior to determining a monthly average. The number of months used to arrive at the average income need not be the same as the number of months in the certification period. For example, when fluctuating income for the past 30-calendar days and the month of application are known and, with reasonable certainty, are representative of the income fluctuations anticipated for the coming months, the income for the two months may be averaged and projected over the certification period. (2) Employment contract and self-employment. When households derive their annual income by contract or self-employment in a period of time shorter than one year, the worker annualizes the income over a 12-month period. These households may include school employees, sharecroppers, farmers, and other self-employed households. These provisions do not apply to migrant or seasonal farm workers or to contracted employees who receive income on an hourly or piece work basis. (d) Income from the Social Security Administration (SSA). The Oklahoma Department of Human Services receives income information from SSA regarding SSA and Supplemental Security Income (SSI) benefit recipients through automated data exchange records. When using the: (1) Beneficiary and Earnings Data Exchange System (BENDEX) to verify SSA benefits, the worker drops any cents from the gross benefit amount; or (2) State Data Exchange System (SDX) to verify SSI, the worker rounds any cents to the nearest dollar to determine countable gross income.

(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 OAC 340:50-11-111(b) 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 340:50-11-111(d), categorically eligible households 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 (OKDHS) 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 OKDHS 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 OKDHS 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 OKDHS Appendix C-3, only the amount not exceeding the maximum shelter cost deduction or the homeless shelter deduction when appropriate per OAC 340:50-7-31(a)(6)(A)(v) 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 OKDHS 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 OKDHS 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 OKDHS 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. When the homeless shelter deduction per OAC 340:50-7-31(a)(6)(A)(v) is greater than the excess shelter costs, the household receives the homeless shelter deduction instead of the excess shelter costs. (i) When there are no excess shelter costs or homeless shelter deduction, the net monthly income is determined. (ii) When there are excess shelter costs or a homeless shelter deduction, subtract the larger deduction 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 OKDHS 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 OKDHS; 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 OKDHS Appendix C-3 for the appropriate household size and net income. (A) All one-person and two-person categorically eligible households whose income exceeds gross and net income standards during the certification period must receive the minimum monthly allotment per Appendix C-3. (B) Categorically eligible households with three or more members are entitled to have the case remain open with no benefits issued when the household's gross or net income exceeds the Appendix C-3 income standards during the certification period. (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 fails to interview within 10-calendar days of the application date, OKDHS sends the household a Notice of Missed Interview. The household may request an interview 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; (B) migrant farm worker households in the work stream, who apply before the 16th of the month; and (C) households eligible for expedited services per OAC 340:50-11-1(b) who apply before the 16th of the month and verification is postponed. (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; and (C) households eligible for expedited services per OAC 340:50-11-1(b) who apply after the 15th of the month and verification is postponed. (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 complete a mid-certification renewal at six-month intervals and are 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 complete a mid-certification renewal at 12-month intervals and are annual reporting households.

(a) Time limit for providing notice. The applicant household is entitled to receive a certification or denial notice no later than 30 calendar days after the initial application date. Refer to OAC 340:50-9-4 when a processing delay occurs. (b) Notices. A computer-generated notice is sent to applicant households immediately following eligibility determination and worker action to approve or deny benefits. (1) Certification notice. The certification notice informs the household of: (A) the beginning date and length of the certification period; (B) the benefit amount of the allotment and any variation in the benefit level based on: (i) changes anticipated at the time of certification; or (ii) differences caused because retroactive benefits are calculated using different income or the initial month's benefits are prorated; and (iii) its right to a fair hearing. (2) Expedited certification and expiration notice. When the worker approves food benefits on an expedited basis because ongoing eligibility has not been determined, in addition to information contained in (b)(1) of this Section, the notice: (A) explains that certain information was postponed because the household qualifies for expedited eligibility processing; (B) includes the expiration date; and (C) the conditions for making timely reapplication. (3) Denial notice. The denial notice informs the household of: (A) the reason for the denial; and (B) its right to request a fair hearing.

(a) Delayed applications. When applications are not approved or denied by the 30th-calendar day, they are considered delayed applications. On the 30th-calendar day following the application date, every delayed application is assessed to determine whether Oklahoma Human Services (OKDHS) or the household caused the delay. The purpose of this assessment is to determine: (1) whether to immediately deny the application or leave it pending in application status; and (2) what date to certify benefits if the household is determined eligible at a later date. (b) Delay caused by OKDHS. When OKDHS causes the processing delay , the application remains in pending status. At the end of the first 30-calendar days, the worker sends the household Form 08MP038E, Client Notice of Action Taken, explaining why the application is still pending. If the household is later determined eligible, food benefits are approved back to the date of application. OKDHS caused delays include, but are not limited to, the circumstances in (1) through (6) of this subsection. (1) The household did not complete an interview within 30-calendar days of the application date, and OKDHS did not send Form 08AD091E, Interview Notice, and the Notice of Missed Interview to the household on or before the 20th-calendar day following the date of application. (2) OKDHS interviewed the household, but the household subsequently failed to provide the required verification. During the interview process, the worker did not provide Form 08AD092E, Client Contact and Information Request, to the household and explain: (A) what factors must be verified; (B) what is considered acceptable verification; and (C) the date verification must be supplied. (3) The worker did not offer to assist the household in obtaining the verification or offered assistance but failed to follow through on collateral contacts or release of information. (4) The worker discovered that additional information was required after the interview, but the household did not have 10-calendar days between the verification request and the 30th-calendar day of the application to provide the verification. (5) OKDHS failed to interview the household when the household requested an interview during business hours. (6) The household provided all the required verification on or before the 30th-calendar day and the application was not approved or denied timely. (c) Delay caused by the household. When the household causes the processing delay , the application must be denied by the 30th-calendar day. The household receives a computer-generated denial notice. When the household provides the required verification in the second 30-calendar days, a new application is not required. If the household is determined eligible, the food benefit allotment is prorated from the date the household provided the verification. Household caused delays include, but are not limited to, the circumstances in (1) through (3) of this subsection. (1) OKDHS sent Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day following the application date . The household was interviewed and subsequently failed to provide the required verification. The worker provided the household with Form 08AD092E showing required verification, offered to assist the household in obtaining the verification, and allowed the household 10-calendar days to provide the verification. (2) The household received Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day, and a worker interviewed the household after the 20th-calendar day but on or before the 30th-calendar day. The household did not provide all the required verification by the 30th-calendar day. (3) OKDHS sent Form 08AD091E and the Notice of Missed Interview on or before the 20th-calendar day following the application date, but household did not complete an interview over the telephone within 30-calendar days of the application date.

(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 per Appendix B-2 is required unless exempt from such notice for a reason listed in (i) or (ii) of this subparagraph. 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 necessary, the benefit decrease or closure action must occur on or before 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 timely when the notice is mailed according to the deadlines for processing actions with advance notice, per OKDHS Appendix B-2. (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; 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. (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). When OKDHS is not open on the 10th day, the worker accepts a fair hearing request made the following business day. Refer to OAC 340:2-5 for fair hearing procedures.

(a) Worker action. The worker completes the application process and approves or denies applications for certification renewal in a timely manner, per §273.14 of Title 7 of the Code of Federal Regulations. The worker does not continue Supplemental Nutrition Assistance Program (SNAP) food benefits to the household beyond the certification period until he or she determines continued eligibility and recertifies the household. Refer to Oklahoma Administrative Code (OAC) 340:50-3-3(i) for information regarding verification required at certification renewal. (b) Notice of expiration. (1) A computer-generated expiration notice titled, Continue My SNAP Benefit, is sent after deadline the month prior to the last month of the certification period. The notice informs households: (A) of the date their certification period ends; (B) by what date they must submit their certification renewal and provide required information to receive uninterrupted food benefits; (C) of methods the household may use to submit the certification renewal information including, but not limited to: (i) online; (ii) phoning Oklahoma Human Services (OKDHS) at the phone number listed on the notice; (iii) mailing a completed and signed paper renewal form to the address listed on the notice; or (iv) faxing or hand delivering a completed and signed paper renewal form to a local OKDHS office; (D) of their right to request an application and file an incomplete application as long as it includes a signature and a legible name and address; (E) how to obtain a paper certification renewal form; (F) OKDHS staff contacts the household when an interview is required. The notice also advises that when an interview is required, failure to complete the interview may result in a delay or denial of food benefits; (G) proof of household income must be provided; (H) proof of certain expenses is required before an expense deduction is given; (I) they may submit proof of income and expenses by mail, fax, or by uploading documents through the website; and (J) of their right to file a fair hearing if they disagree with any action taken on their case. (c) Timely certification renewals. (1) Timely certification renewals are processed within the periods described in (A) through (B) of this paragraph. (A) A household with a prior certification period of fewer than three months who applies by the 15th day of the last month of the certification period is provided the opportunity to participate, when eligible, no later than 30-calendar days after the date the household last received its food benefits. (B) A household with a prior certification period of three or more months, who applies on or before the 15th day of the last month of the certification period is considered timely. When the household meets all requirements, the worker certifies or denies the application prior to the end of the certification period. (i) Any eligible household who renews SNAP food benefits timely is provided an opportunity to participate by their normal issuance date in the month following the end of the current certification period. (ii) To retain this right to uninterrupted benefits, the household must complete an interview, when required, and provide required verification due on or after the deadline for filing timely certification renewals. (iii) Although a household loses its right to uninterrupted benefits, it retains its right to complete the process and receive benefits, when eligible, within 30-calendar days of the application date. (2) A household that timely renews, but due to worker error, is not timely determined eligible is certified immediately upon being determined eligible. When the delay in certification renewal extends into the following month, the worker certifies the household back to the first day of the month following expiration of the certification period. (3) A household applying for certification renewal in the last month of its certification period is not entitled to expedited services. When the certification renewal is certified on or before the last day of the previous certification period, the subsequent month's benefit issues on the second working day of the month. (d) Untimely certification renewal. (1) A household that submits an untimely certification renewal, without good cause, loses its right to uninterrupted benefits. When this occurs, the worker has 30-calendar days to certify or deny the application. (2) Applications received within 30-calendar days after the certification period ends are certification renewals. The worker prorates food benefits according to the application date. When eligible, the household is entitled to expedited service, per OAC 340:50-11-1. (3) When a household submits a certification renewal before the end of the certification period and fails to complete the interview or provide necessary verification, the worker reopens the case and prorates benefits to the day the household performs the required action. (4) When a household submits a certification renewal before the certification period ends and verification is requested with fewer than 10-calendar days remaining in the certification period, the worker allows the household a minimum of 10-calendar days to provide required verification. When verification is provided within the given time period, the worker processes the case within five-business days of the date the verification is submitted and benefits are not prorated for eligible households. (e) Good cause for failure to timely renew food benefits. When the household has a good cause for failing to submit a timely certification renewal or for failing to complete the certification process timely and does not receive food benefits in the month following benefit expiration, the household is entitled to restoration of lost benefits, per OAC 340:50-11-4. Good cause may include reasons such as failure to receive timely notice of expiration or personal illness.

(a) Benefit delivery and access. Oklahoma Human Services (OKDHS) uses an online electronic benefit transfer (EBT) system to deliver Supplemental Nutrition Assistance Program (SNAP) food benefits. SNAP food benefits are stored in a central computer database and electronically accessed by eligible households at the point of sale via plastic EBT cards, called Access Oklahoma, and personal identification numbers (PIN). (1) Upon initial certification, OKDHS issues a notice to eligible households informing them of the date they can access their SNAP food benefits. (2) The EBT system credits food benefits to eligible households' food benefit account each month they are certified. (3) Households use their Access Oklahoma card and enter their PIN to purchase food from a business approved by the United States Department of Agriculture to accept food benefits. (b) Benefit expungement. OKDHS expunges SNAP food benefits after 274-calendar days of inactivity, per Section 274.2(i) of Title 7 of the Code of Federal Regulations. Inactivity occurs when the household does not take an action that affects the balance of the household's SNAP EBT account within this time period, such as making a purchase or a return. OKDHS provides an expungement notice to the household at least 30-calendar days before expunging the benefit. (c) Moved to another state. When a household moves to another state and has food benefits remaining in their account, the household must use the food benefits in Oklahoma prior to leaving the state or find a retailer in another state that accepts the Access Oklahoma card. The Access Oklahoma card can be used in most states as most major retailers accept the Access Oklahoma card.

(a) Oklahoma Human Services (OKDHS) issues an Access Oklahoma electronic benefit transfer (EBT) card to an eligible household's payee and authorized representative designated per Oklahoma Administrative Code (OAC) 340:50-3-1(b)(3). When a household receives both Supplemental Nutrition Assistance Program and Child Care Subsidy benefits, the household may choose a different authorized representative for each program. (b) OKDHS issues an EBT card when a payee or authorized representative visits the OKDHS office and has not previously been issued a card. If the payee or authorized representative changes, the new payee or authorized representative meets this requirement. (1) To obtain a card, the payee or representative must view a training video and verify his or her identity; and (2) The payee or representative selects a personal identification number in the OKDHS office or by calling the number on the back of the EBT card. (c) An EBT card is issued to the payee or authorized representative when the person: (1) requests a replacement card; or (2) has never had an EBT card and requests it over the phone.

When the client or authorized representative requests replacement of a lost, stolen, or destroyed Access Oklahoma electronic benefit transfer (EBT) card, staff advises the person to phone the EBT contractor at 1-888-328-6551 or to go online at www.connectebt.com/ to cancel the current card and request a replacement. (1) Local EBT specialists cannot issue initial or replacement EBT cards containing Supplemental Nutrition Assistance Program (SNAP) food benefits. (2) The worker requests the Oklahoma Department of Human Services (DHS) Financial Services Electronic Payment Services (EPS) Unit assistance in issuing a replacement card, when: (A) SNAP expedited services are approved for the month the replacement is requested; (B) an EBT card was previously issued, but the applicant never received benefits or has not received SNAP food benefits for at least 24 months; (C) an EBT card containing SNAP food benefits is returned to the county office because it is demagnetized or in an unusable condition; (D) the EBT card contains food and child care benefits in application or open status; or (E) the county director approves requesting EPS assistance because of special circumstances, such as when a homeless person uses the county office as a mailing address, when a treatment center client leaves the treatment center, or other limited circumstances. (3) The EBT contractor mails replacement EBT cards by the next business day after the client requests a replacement card. Replacement cards take seven- to 10-calendar days to receive. EPS staff remotely print EBT cards to the local county office's embosser the date they receive replacement requests.

(a) Oklahoma Human Services (OKDHS) expunges Supplemental Nutrition Assistance Program (SNAP) food benefits after: (1) 12 months of inactivity until September 22, 2021; or (2) 274-calendar days of inactivity beginning September 22, 2021. (b) Inactivity occurs when the household does not take action that affects the balance of the household's SNAP electronic benefit transfer account, such as making a purchase or return. (c) Beginning September 22, 2021, OKDHS must provide an expungement notice to the household at least 30-calendar days before expunging the benefit.

(a) Expedited service screening. Oklahoma Human Services (OKDHS) Adult and Family Services must screen every initial Supplemental Nutrition Assistance Program application, including those received from residents of approved drug and alcohol treatment centers and group homes, when received during operating hours to determine if the household is entitled to expedited services. When the household applies when offices are closed after hours, over the weekend, or on a holiday, the application date is the next day OKDHS is open. When an initial application indicates the household is eligible for expedited service, action is taken immediately to begin processing the application. (1) Applications, other than certification renewals, are considered initial applications. (2) Certification renewals are applications received before the household's certification period expires or within 30-calendar days after the end of the certification period. (3) When a certification renewal is received following the expiration of the certification period or any day thereafter, it is subject to prorated benefits and expedited screening. (4) Certification renewals received before the end of the certification period are not eligible for expedited service. (b) Expedited service criteria. Per 273.2(i) of Title 7 of the Code of Federal Regulations, households entitled to expedited services include households: (1) with less than $150 gross income when liquid resources do not exceed $100; (2) with migrant or seasonal farm workers considered destitute when liquid resources do not exceed $100; and (3) whose combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage and applicable utility standard, per Oklahoma Administrative Code (OAC) 340:50-7-31(a)(6)(C) . (c) Expedited service time limits. When a household is eligible for expedited service, food benefit eligibility must be determined and food benefits issued no later than seven-calendar days from the application date. Refer to OAC 340:50-3-1(b)(1) for right to same day filing processes. When the seventh-calendar day falls on a non-business day, the application must be processed by the last business day prior to the seventh-calendar day. When a household is determined ineligible for food benefits because it does not meet non-financial eligibility criteria, the worker must deny the application no later than 30-calendar days after the application date. (d) Late entitlement determination. When expedited service screening fails to identify a household as being entitled to expedited service and the worker subsequently discovers the household is entitled to expedited service, the worker provides such service within seven-calendar days of discovery.

Migrant or seasonal farm laborer households qualify for expedited service when their liquid resources do not exceed $100 at the time of interview, and their gross monthly income is less than $150 or they are destitute per Section 273.2(i) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(i)). (1) Definition of destitute migrant or seasonal farm laborers. This definition may only be applied to migrant or seasonal farm laborer households. (A) Per 7 C.F.R. § 273.10(e)(3), a destitute household means the household's only income for the application month: (i) was received prior to application date and was from a terminated source. (I) Income received on a monthly or more frequent basis is considered as coming from a terminated source when it will not be received again from the same source during the balance of the application month or the following month. (II) Income received less often than monthly is considered as coming from a terminated source when it will not be received in the month the next payment would normally be received; or (ii) is from a new source and income of more than $25 from the new source will not be received by the 10th calendar day after the application date. (I) Income normally received on a monthly or more frequent basis is considered to be from a new source when income of more than $25 was not received from the source within 30-calendar days prior to the application date. (II) Income normally received less often than monthly is considered to be from a new source when income of more than $25 was not received within the last normal interval between payments. (B) Households may receive income from a terminated source and income from a new source and be considered destitute when they received no other income in the application month. (C) When a household's income must be averaged on an annual basis or averaged over the period income is intended to cover, the worker must average and assign the income to the appropriate months of the certification period before determining if the household is destitute. When the averaged income is assigned to the application month and does not come from a new or terminated source, the household is not considered destitute. (2) Calculating income from destitute migrant or seasonal farm laborers. Destitute households must have their eligibility and benefit level calculated for the application month by considering only income received between the first of the month and the application date. Any income from a new source that is anticipated after the application date is disregarded. (3) Proration of benefits. Migrant and seasonal farm workers are issued a full allotment for the application month when the household received Supplemental Nutrition Assistance Program (SNAP) food benefits within 30-calendar days prior to the application date. When the household has not received SNAP food benefits within the prior 30-calendar days, the allotment is prorated from the application date, the same as any other household. (4) Procedures for expedited service for migrant or seasonal farm laborers. Refer to Oklahoma Administrative Code 340:50-11-5 for expedited service procedures for migrant or seasonal farm laborer households. These households: (A) must provide required verification for in-state and out-of-state income sources before the worker certifies the household for the third month of benefits; and (B) are entitled to postpone out-of-state verification only once each season.

To expedite the certification process, the worker must verify the applicant's identity and conduct the household's interview as soon as possible to ensure the household, when eligible, receives timely expedited service. (1) Reasonable verification pursuit. The worker makes reasonable efforts to verify, within the seven-calendar day expedited processing standard, the household's residency, income statement, and all other eligibility factors before certification, per Section 273.2(i) of Title 7 of the Code of Federal Regulations. This effort includes evaluating the household's explanation of how the household meets its needs when declared expenses exceed reported income or when the household reports no household income. (A) The worker verifies eligibility factors through documentary evidence or, when documentary evidence is not readily available, through a collateral contact. (B) The worker may postpone verifying eligibility factors other than identity that could not be verified within the expedited service processing time limit. In most instances, it is expected that the applicant verify at least residence and income, within the time limit. (C) The worker must not delay certification up to, or beyond the time limit, solely because factors other than identity were not verified. When the household is unlikely to be able to provide the required verification within the expedited service timeframe, the worker must postpone verification. (2) Postponed verification. When verification is postponed, the worker gives or sends the household Form 08AD092E, Client Contact and Information Request, to request the postponed verification before further benefits are approved. (A) When a household member, who is not a newborn, needs to provide a Social Security number (SSN) that was postponed, the household must furnish the SSN or proof that an application was filed with the Social Security Administration before the second full month of participation. (B) When verification is postponed, the worker certifies the household for a one- or two-month expedited certification period, per (3) of this Section. To avoid a break in benefits, when the household is certified for: (i) one month, the household must furnish the postponed verification within 30-calendar days of the application date; or (ii) two months, the household must furnish the postponed verification by the last day of the expedited certification period. (C) When the household does not provide the verification within 30-calendar days of the application date for a one month certification, or by the last day of the expedited certification period for a two month certification, but does provide it within 60-calendar days of the application date, benefits are prorated from the date the verification is provided. The household must complete a new application to receive further benefits when the verification is not received within 60-calendar days of the application date. (D) When the household provides postponed verification timely, the worker approves the household, when eligible, for a normal certification period within seven-calendar days of receiving the verification. (3) Expedited certification period. When the household is eligible for expedited services and verification is postponed, the worker certifies the household for a one- or two-month expedited certification period. (A) When the household applies between the: (i) first and 15th of the month, the worker certifies the household for one month; or (ii) 16th and 31st of the month, the worker certifies the household for two months. (B) The worker prorates the initial month's benefits when the household applies later than the first day of the month. (C) When proration causes the household to be ineligible for the application month, the worker denies the application for the application month and certifies the household for expedited food benefits for the following month. (D) The initial month's food benefits issue immediately. When the household is assigned a two-month certification period, the second month's benefits issue on the first day of the second month. (4) Normal certification period. When the household is eligible for expedited services and verification is not postponed, the worker certifies the household for a normal certification period. (5) Multiple expedited services certifications. There is no limit to the number of times a household may be certified using expedited procedures when the household provides the postponed verification before reapplying for food benefits. When the household does not provide the postponed verification, it is not eligible for expedited processing until it is certified using normal processing standards, per Oklahoma Administrative Code 340:50-3-1.

(a) Simplified Supplemental Nutrition Assistance Program (SSNAP). Per Section 273.25 of Title 7 of the Code of Federal Regulations, SSNAP rules in this Subchapter apply when ALL food benefit household members are included in: (1) Temporary Assistance for Needy Families (TANF) cash assistance; or (2) TANF cash assistance and a companion State Supplemental Payment (SSP) case. (b) When SSNAP procedures do not apply. SSNAP procedures do not apply when: (1) no household member receives TANF cash assistance; (2) all household members receive SSP; or (3) any household member is a disqualified or ineligible food benefit household member, per Oklahoma Administrative Code 340:50-5-10.1. (c) Household definition. Food benefit household members are determined using Part 1 of Subchapter 5 of this Chapter. (d) TANF applicants. When the household applies for TANF, the worker determines if the applicant wants to receive or is currently receiving food benefits. (1) When the household currently receives non-public assistance (non-PA) food benefits, the food benefits remain non-PA until TANF is certified. (2) When the household does not receive food benefits and applies for TANF and food benefits at the same time, SSNAP rules are not used to determine food benefit eligibility when the: (A) household qualifies for expedited service and the TANF application will not be certified within seven-calendar days; (B) TANF application eligibility determination process will take longer than 30-calendar days; (C) TANF application will not be certified for the application month and food benefits must be issued for the initial month; or (D) worker denies the TANF application and the food benefit application is pending.

(a) SSNAP eligibility determination. All households within the SSNAP scope meet applicable Supplemental Nutrition Assistance Program (SNAP) eligibility rules, per Sections 273.23 and 273.25 of Title 7 of the Code of Federal Regulations and Oklahoma Administrative Code (OAC) 340:50-11-20. (1) Income determination. SSNAP uses TANF income definitions to determine food benefit income. When there is a TANF case and a companion State Supplemental Payment (SSP) case for the aged, blind, or disabled, income definitions for TANF and SSP apply. Income amounts converted from the TANF and SSP cases to food benefit incomeare classified as unearned income. Food benefit unearned income is computed for: (A) TANF cash assistance only. The worker subtracts the non-fraud related recoupment from the exempt earned income and adds the remaining exempt earned income to the payment standard for the household size, per Oklahoma Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX; or (B) TANF with companion SSP case(s). The companion case's total countable income is added to the primary food benefit case's countable income. (2) Resource determination. SSNAP households are considered resource eligible when they meet resource requirements for TANF and, when applicable, SSP. (3) Non-financial eligibility criteria. SSNAP households must fulfill all applicable SNAP nonfinancial eligibility requirements, per Subchapter 5 of this Chapter. (4) Deduction determination. The allowable deductions for SSNAP, when applicable, are shelter, utilities, medical expenses, and dependent care as determined and verified, per OAC 340:50-7-31. Medical expenses are verified only when allowing the medical expense deduction increases the food benefit amount. (b) Food benefit allotments. Food benefit allotments are determined, per Sections 2012 and 2017 of Title 7 of the United States Code. Refer to OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards, for Income and Deductions for food benefit allotment amounts. (c) Food benefit proration. Food benefit allotments for an initial month are prorated from the date of application. Initial month means the first month the household is certified for food benefits following any time period during which the household was not certified. Food benefits are not prorated when benefits change from non-PA to SSNAP if there is no break in service.

Households are required to report changes per OAC 340:65-5. At each application or renewal, the worker advises households of their reporting responsibilities, gives them Form 08FB038E, Changes in Household Circumstances, and advises them to contact their worker to request additional forms as needed. (1) Reported change in household members' eligibility for Temporary Assistance for Needy Families (TANF) cash assistance. The computer converts the food benefits to non-public assistance (non-PA) Supplemental Nutrition Assistance Program (SNAP) food benefits when the household reports one or more household members is not receiving TANF cash assistance. This may occur when: (A) one or more persons not eligible to receive TANF or State Supplemental Payment (SSP) income moves into the home; (B) a child included in the TANF cash assistance turns 18 or 19 years of age and is no longer eligible for inclusion in the TANF cash assistance; or (C) the adult parent or needy caretaker included in the TANF cash assistance tests positive for the illegal use of a controlled substance or substances per OAC 340:10-4-1 and is removed from the TANF cash assistance. (2) Reported change results in closure of TANF. When the worker closes the TANF cash assistance and the household is receiving SSNAP food benefits, one of the actions described in (A) through (C) are taken. (A) The worker closes the food benefits the same effective date as the TANF cash assistance closure when TANF is closed as a result of the: (i) payee's death; (ii) failure or refusal to participate in TANF Work; (iii) household moving out-of-state; or (iv) household requesting closure of the TANF cash assistance and food benefits. (B) The computer converts the SSNAP food benefits to five months of transitional food benefits (TFB) when the TANF cash assistance is closed for reasons other than those listed in (A) or (C) of this paragraph and: (i) there is no companion SSP case; or (ii) the TANF case is the primary food benefit case, and the companion SSP case remains open. (C) The computer converts the food benefits to non-PA Supplemental Nutrition Assistance Program (SNAP) food benefits when the TANF cash assistance is closed: (i) for reasons other than those listed in (A) of this paragraph and the companion SSP case, which is the primary food benefit case, remains open;or (ii) because the adult parent or needy caretaker refuses to comply or fails to follow through with screening for the illegal use of a controlled substance or substances requirements per OAC 340:10-4-1. (3) Reported changes during the TFB certification period. The household is not required to report changes while receiving TFB. When changes are reported, the TFB benefit remains the same unless: (A) the household applies for TANF while in TFB status. Food benefits are converted to SSNAP at TANF certification as long as all household members are receiving cash assistance; or (B) a household member leaves the home and applies for food benefits in another household. (4) Notifications. When requested, the worker gives the TANF applicant a copy of the signed and dated application that informs the applicant food benefit eligibility is determined using information contained in the application. A computer-generated notice is sent to the household at certification and any time the food benefit amount changes.

(a) Worker responsibility. A worker is responsible for restoring lost Supplemental Nutrition Assistance Program (SNAP) food benefits to the household when food benefits were lost because of an Oklahoma Department of Human Services (DHS) error, per Section 273.17 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.17). SNAP food benefits are restored for not more than 12 months prior to the: (1) month the worker receives a request to restore lost food benefits from the household in writing or verbally; (2) month the worker is notified or discovers the loss occurred in the normal course of business; (3) date the household requested a fair hearing to contest the adverse action that resulted in the loss; or (4) date the household initiated court action. (b) Disputed benefits. (1) When the worker determines a household is entitled to restoration of lost food benefits but the household does not agree with the amount to be restored, the household may request a fair hearing. When the household requests a fair hearing: (A) prior to or at the time lost food benefits are restored, the amount restored to the household is the amount determined by the worker pending results of the fair hearing; and (B) the worker restores the lost food benefits in accordance with the fair hearing decision, when the decision is favorable to the household. (2) When the household notifies the worker that it is entitled to restoration of lost benefits and the worker, after reviewing the case record does not agree, the household has 90-calendar days from the date the worker notifies the household of his or her decision to request a fair hearing. The worker restores lost benefits to the household only when the fair hearing decision is favorable to the household. (c) Computing amount to be restored. After correcting the loss for future months and excluding the months benefits may have been lost prior to the 12-month time limit, the worker calculates the amount to be restored. The worker computes lost food benefits beginning with the month the loss initially occurred and ending with the first month the error is corrected or the first month the household is determined to be ineligible. (1) When the household was determined eligible, but received an incorrect food benefit allotment, the worker calculates the lost food benefits only for the months the household participated in SNAP. (2) When an eligible household's application was erroneously denied, the month the loss initially occurred is the application month. For a timely filed certification renewal, the initial loss occurs the month following the expiration of its certification period. (3) When an eligible household's application is delayed, the worker calculates lost food benefits, per Oklahoma Administrative Code 340:50-9-4. (4) When a household's benefits were incorrectly closed, the month the loss initially occurred is the first month benefits were not received because of the incorrect closure. (5) When there is not enough information in the household's case record to determine the correct benefit amount, the worker requests information from the household to determine eligibility for those months. When the household cannot provide the information needed to determine eligibility, the household is considered ineligible for the lost food benefits. (d) Offsetting claims. When the household has an unpaid overpayment or an overpayment held in suspense, the amount to be restored is offset against the overpayment amount. The balance, if any, is restored to the household. Benefits received at initial certification or because of retroactive certification are not used to offset claims against a household. (e) Lost benefits to persons disqualified for an intentional program violation (IPV). The worker restores lost food benefits for months the person was disqualified for an IPV only when the disqualification decision is subsequently overturned or reversed, per 7 C.F.R. § 273.17(e). A person is not entitled to restoration of lost benefits for the disqualification period based solely on the fact that a criminal conviction could not be obtained, unless the person successfully challenged the disqualification in a separate court action. (1) For each month the person was disqualified, the amount to be restored, if any, is the difference between the food benefit allotment the household received and the food benefit allotment the household would have received if the disqualified member was allowed to participate in SNAP. (2) The lost benefit restoration period cannot exceed 12 months prior to the date DHS was notified or discovered a loss occurred. (f) Method of restoration. The worker restores benefits equal to the amount of benefits that were lost even when the household is not currently eligible for food benefits. The amount issued is in addition to the food benefit allotment currently eligible households are entitled to receive.

(a) In households where food purchased with benefits is destroyed in a household misfortune such as a fire, tornado, or flood, a replacement of the actual value of loss, not to exceed the household's monthly allotment, may be made if the loss is reported within 10 calendar days of the loss and the loss is verified. Food loss through loss of electricity or malfunction of appliances unless caused by a household misfortune, does not qualify for a Supplemental Nutrition Assistance Program (SNAP) replacement. (b) Prior to issuing the replacement, a household member must complete Form 08FB0012E, Request for Replacement of Destroyed Food, attesting to the loss within ten days of the report of the loss. When the Oklahoma Department of Human Services is not open for business on the 10th calendar day, the form must be received by the next business day. The worker must issue the replacement within 10 calendar days of the reported loss or within two business days of receiving the completed form, whichever is later.

The Oklahoma Department of Human Services is responsible for operating a Disaster Supplemental Nutrition Assistance Program (DSNAP). (1) When a major or lesser disaster is declared by Food and Nutrition Services (FNS), Adult and Family Services (AFS) Supplemental Nutrition Assistance Program staff notifies the counties involved in the disaster and issues policy and procedures to be followed. (2) Maximum income limits, benefit allotments, and application procedures are followed for FNS declared disasters. Emergency benefit allotments are equal to the maximum monthly food benefit allotment for the household size. (3) Once benefits are issued they must be used no later than 90-calendar days from certification. Benefits not used within 90-calendar days of certification are expunged and cannot be put back into the client's account.

The definition of mechanical disaster means the halting for at least 15 consecutive calendar days of the operation of all equipment available to the Oklahoma Department of Human Services (OKDHS) for food benefit issuance. To be eligible for benefits under the mechanical disaster provisions, a household must already be certified as eligible to participate in the program as of the month in which the disaster occurred. In the event of a mechanical disaster, all current food benefit recipients are notified that a mechanical disaster has occurred through announcements in the mass media. Steps are taken to issue benefits by an alternate system. Persons who apply for food benefits after the breakdown of equipment are handled in the same manner.

During periods of a disaster, the State Office contacts the local offices affected by the disaster daily to obtain the number of households, the number of persons, and the number of pending applications in both Food and Nutrition Service (FNS) emergency declared and non-emergency declared disasters. The State Office is responsible for following FNS guidelines for reporting information.

(a) Eligible persons. Per Section 273.2(k) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(k)), the Social Security Administration (SSA) accepts Supplemental Nutritional Assistance Program applications for Oklahoma Human Services (OKDHS). To apply with SSA, the SNAP household may only include Supplemental Security Income (SSI) applicants or recipients. SSA also does not accept applications when the household: (1) currently receives SNAP and is not due for a certification renewal; or (2) has already applied for SNAP in the past 60-calendar days. (b) Application Procedures. SSA informs SSI applicants and recipients of their right to apply for SNAP with SSA or OKDHS. (1) When the SSI applicant or recipient accepts the offer to apply with SSA, SSA: (A) follows the instructions in the SSA Program Operations Manual System to complete the SNAP application and interview; (B) provides the SNAP application to OKDHS; (C) prescreens the application for expedited service and indicates potential expedited service eligibility on the SSA-4233 form; (D) suggests the household may receive quicker service by applying in person at an OKDHS office when the household qualifies for expedited service; (E) accepts any available verification the household has and provides it to OKDHS; and (F) completes the SSA-4233 form to record eligibility information revealed by the SSA interview and any potential missing verification and provides this form to OKDHS. (2) When an SSI applicant or recipient declines to apply with SSA or does not meet the criteria in (a) of this Section, SSA refers them to www.okdhslive.org, www.okbenefits.org, or the nearest OKDHS office. (c) OKDHS procedures. When SSA submits a SNAP application to OKDHS, the OKDHS worker: (1) screens the application for expedited service on the date OKDHS receives the application; (2) calculates expedited service from the day OKDHS receives the application online or in the OKDHS office; (3) processes the application within 30-calendar days of when SSA received the signed application; (4) uses the interview completed and eligibility information provided on the SSA-4233 to determine the household's eligibility; (5) does not contact the household or request additional information or verification unless the application is incomplete, per Oklahoma Administrative Code (OAC) 340:50-3-1, missing mandatory verification, per OAC 340:50-3-3(b), or contains questionable information, per OAC 340:50-3-3(f); (6) completes an incomplete application or obtains any missing or needed verification without requiring a household to come to an OKDHS office; (7) applies OAC 50-11-111 to determine if a household is categorically eligible; (8) identifies applications from SSA Prerelease Program for the Institutionalized and follows the procedures in (d) of this Section; and (9) employs ordinary SNAP procedures except for the requirements of this subsection. (d) SSA Prerelease Program for the Institutionalized. Per 7 C.F.R. 273.11(i), public institution residents may apply for SSI and SNAP before their release from the institution through the SSA Prerelease Program for the Institutionalized. The OKDHS worker uses the resident's release date as the application date for these applications. Expedited service and the 30-calendar day processing timeframes begin on the release date.

(a) Purpose. This Part includes the requirements for establishing categorically eligible households for the Supplemental Nutrition Assistance Program (SNAP), per Section 273.2(j)(2) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.2(j)). (b) Definitions . The following words and terms, when used in this Part, shall have the following meaning unless the context clearly indicates otherwise: (1) "Categorically eligible household" means any household: (A) as defined, per Oklahoma Administrative Code (OAC) 340:50-11-20, in which all members receive or are authorized to receive: (i) Temporary Assistance for Needy Families (TANF) cash assistance; or (ii) a combination of Supplemental Security Income (SSI) and TANF cash assistance; (B) in which all members receive or are authorized to receive SSI; or (C) in which members receive or are authorized to receive services through 2-1-1 Oklahoma, except as excluded in (f) of this Section. (2) "Authorized to receive" means the person was determined eligible for benefits and was notified of this determination even if the benefits have not yet been received, authorized but not accessed, suspended or recouped, or not paid because they are less than a minimum amount. (c) When to classify categorically eligible households. Food benefit households are categorically eligible households upon certification unless the households meet the criteria defined in (f) of this Section. Households remain categorically eligible until the next certification. (d) Financial eligibility factors. When all household members meet categorical eligibility per (b)(1) of this Section, they do not have to meet either the gross or net income eligibility standards of SNAP. Income for the household must be verified to determine benefit allotment. (e) Non-financial eligibility factors. (1) All household members must meet the citizenship requirements per OAC 340:50‑5‑67. If a person's status as a United States (U.S.) citizen or non-citizen national is questionable and was verified for another program, the worker accepts participation in that program as proof of citizenship or lawful alien status. (2) Aliens who are otherwise ineligible for food benefits are not automatically eligible for food benefits because they receive Supplemental Security Income (SSI). The citizenship requirements supersede the categorical eligibility requirements. (3) A categorically eligible household receiving SSI or Temporary Assistance for Needy Families is considered as having met the Social Security number (SSN) information, sponsored alien information, and residency requirements for food benefit purposes. (f) Non-categorical households. Non-categorical households are subject to income limits per OAC 340:50-9-1(b). A household is not classified as a categorically eligible household, per 7 C.F.R. § 273.2(j)(2)(vii): (1) the first time the household applies after SNAP benefits close because of substantial lottery and gambling winning, per 7 C.F.R. § 273.11(r), OAC 340-50-7-1, and 340:50-9-5(j); (2) when any household member is disqualified for an intentional program violation, per 7 C.F.R. § 273.16 and OAC 340:50-15-25; (3) when any household member is disqualified for being a fleeing felon or probation or parole violator, per 7 C.F.R. § 273.11(n); (4) when any household member 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 (5) the 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. (g) Excluded individuals from non-categorical households. When a household is otherwise categorically eligible, individuals excluded from the household, per 7 C.F.R. § 273.2(j)(2)(ix), include: (1) an ineligible alien, per 7 C.F.R § 273.4 and OAC 340:50-5-67(c); (2) an ineligible student, per 7 C.F.R. § 273.5 and OAC 340:50-5-45; (3) a resident of an institution that is not exempt, per 7 C.F.R. § 273.1(b)(7)(vi) and OAC 340:50-5-7.1; or (4) an individual failing to comply with a work requirement, per OAC 340:50-5-85 through OAC 340:50-5-89.

(a) Client rights. Every applicant and participating household has the right to appeal any action that affects the household's participation in the Supplemental Nutrition Assistance Program (SNAP), per Section 273.15(a) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.15(a)). Applicants and recipients are advised verbally and in writing of their right to a fair hearing and of the procedures for appealing any decision. (b) Hearing request. A hearing request may be made verbally or in writing. (1) When the client contacts the county office to request a fair hearing, the client is given an opportunity to review the situation with a supervisory or administrative staff member in the local county office. When the situation is not resolved in the review or the client does not wish to review the situation with local supervisory or administrative staff, the worker explains hearing procedures to the client, completes the first page of Form 13MP001E, Request for a Fair Hearing, and gives or mails the form to the client to complete the rest of the form. (2) Households wanting to contest a denial of expedited service must be given an opportunity to have an Oklahoma Department of Human Services (DHS) conference scheduled within two- business days unless the household requests it be scheduled later or states it does not wish to have a DHS conference, per 7 C.F.R. § 273.15(d). A fair hearing must be held if the issue is not resolved or the household does not withdraw its request for a fair hearing by signing Form 13MP004E, Withdrawal of Request for Hearing. (3) When a fair hearing is requested by a household that plans to move to another state before a hearing decision would normally be reached, such as a migrant farmworker household, DHS expedites processing the hearing before the household plans to leave the state, per 7 C.F.R. § 273,15(i) and Oklahoma Administrative Code (OAC) 340:2-5-65. (c) Participation during appeal. When a household requests a fair hearing during the 10-calendar day advance notice period, the household's food benefits are continued at the same level as authorized immediately prior to the notice of adverse action, unless the household specifically waives continuation of benefits, per 7 C.F.R. § 273.15(k). Benefits are not continued when the certification period expires prior to the fair hearing request. (1) When the household chooses: (A) to continue food benefits at the previous level until the hearing decision is reached and the hearing decision is not in the household's favor, the household is required to reimburse the ineligibly received benefits; and (B) not to continue food benefits at the previous level until the hearing decision is reached and the hearing decision is in the household's favor, the household is entitled to the retroactive benefits lost during the appeal period. (2) When the household fails to request continuation of benefits within the advance notice period and later establishes there was good cause for the failure, the worker reinstates the benefits to the prior basis. (3) When benefits are reduced or closed because of a mass change without individual notice of adverse action, per OAC 340:50-9-5(k)(3)(A), the worker only reinstates benefits to the previous level when the issue being appealed is that eligibility or benefits were improperly computed or federal law or regulation is being misapplied or misinterpreted by DHS. (4) When a household requests a hearing and continuation of benefits as a result of an action taken by DHS at initial certification or on a subsequent application, benefits are not reinstated or continued except as authorized at such initial or subsequent certification. (d) Reduction or closure prior to hearing decision. Once continued, benefits are not reduced or closed prior to a hearing decision unless: (1) the certification period expires. When this occurs, the household may reapply and be determined eligible for a new certification period and benefit amount as determined by DHS; (2) the hearing officer makes a preliminary decision, in writing and at the hearing, that the sole issue is one of federal law or regulation and that the household's claim that DHS improperly computed benefits or misinterpreted or misapplied the federal law or regulation is invalid; (3) a change in circumstances occurs that affects the household's eligibility or basis of issuance while the hearing decision is pending and the household does not request an additional hearing and continuation of benefits after the notice of adverse action. The benefit allotment must be based on any income the household had prior to the first notice of adverse action; or (4) the household or its authorized representative verbally withdraws the fair hearing request and does not inform DHS of its desire to reinstate the fair hearing within 10-calendar days of receiving written notice from DHS confirming the withdrawal request. (e) Hearing decision. Hearing decisions are made by the Appeals Committee, per OAC 340:2-5-76. (1) The hearing is conducted, a decision is reached, and the household and county office are notified of the decision within 60-calendar days of receipt of the fair hearing request per 7 C.F.R. § 273.15(c). The notice also informs the household of any further appeal rights. (2) When the decision is: (A) in the household's favor and results in an increase in household benefits, the benefit increase is reflected in the household's electronic benefit transfer account within 10-calendar days of receipt of the hearing decision unless the hearing decision effective date corresponds with the next benefit issuance date; or (B) not in the household's favor and results in a benefit decrease, the worker decreases the household's food benefits effective the next scheduled benefit issuance date.

(a) Legal authority. The Oklahoma Department of Human Services federal and state legal authority for providing a systematic Supplemental Nutrition Assistance Program (SNAP) quality control (QC) process and administrative operation to assure state accountability is vested in Sections 241 through 244 of Title 56 of the Oklahoma Statutes. SNAP QC reviews are conducted per Sections 275.10 through 275.14 of Title 7 of the Code of Federal Regulations, 7 C.F.R. § 275.10 through 275.14, and the United States Department of Agriculture Food and Nutrition Services (FNS) FNS 310 Quality Control Handbook. The USDA mandates parameters for the QC process including but not limited to conducting household interviews, type of reviewer inquiries, method of verification, and appropriateness of collateral contacts. (b) Sampling plan. The annual sampling plan is developed by the Oklahoma Department of Human Services (DHS) Office of Performance Outcomes and Accountability (OPOA) in compliance with federal regulations at 7 C.F.R. § 275.11. Methodologies are outlined in detail and submitted to USDA for approval. (c) Random sample. A random sample of SNAP applications, reapplications, and other case actions is generated monthly by the Oklahoma Office of Management and Enterprise Services Information Services Division. (d) Case assignment. The cases in the monthly random sample are assigned to and reviewed by an Adult and Family Services (AFS) SNAP QC reviewer for verification of conditions of eligibility and for procedural errors related to denials and terminations. All errors are referred to SNAP program field representative staff, who notifies county offices and support centers of errors found on sampled cases. (e) Refusal to cooperate. When, at any point in the SNAP QC review process, a household refuses to cooperate with the AFS SNAP QC reviewer, the SNAP QC administrator sends the Notice of Refusal to Cooperate with Quality Control to SNAP program field representative staff to notify them of the household's refusal. (1) AFS SNAP program field representative staff closes the food benefits on refusal to cooperate with the SNAP QC review for the next advance-notice effective date per DHS Appendix B-2, Deadlines for Case Actions. (2) A household closed for refusal to cooperate with a SNAP QC review may reapply and be certified for SNAP participation only after the household cooperates fully and completely with SNAP QC in the completion of the QC review or when the penalty period ends per Section 273.2(d)(2) of Title 7 of the Code of Federal Regulations. The penalty period ends 125-calendar days from the end of the SNAP QC review period, October 1 through September 30th. Refer to OAC 340:50-3-2(g) for more information.

(a) Scope and applicability. The scope and applicability of overpayment procedures contained in this Subchapter apply to Supplemental Nutrition Assistance Program (SNAP) food benefit issuance. Section 273.16 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.16) contains federal requirements regarding disqualification for intentional program violations and 7 C.F.R. § 273.18 contains federal requirements regarding overpayment claims against households. (b) Overpayment claim definition. A SNAP food benefit overpayment occurs when a household receives more food benefits than it is entitled to receive or when benefits are trafficked. (c) Persons responsible for repaying an established overpayment claim. Refer to Oklahoma Administrative Code (OAC) 340:50-15-6 for repayment procedures. Persons responsible for repaying an established overpayment claim include: (1) every adult included in the food benefit allotment, when the overpayment or benefit trafficking occurred; and (2) a person connected to the household, such as an authorized representative or other individual, when the person trafficked benefits or caused the overpayment. (d) Overpayment referral. When the worker determines an overpayment occurred, the worker sends an overpayment referral to Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) Unit for overpayment classification and establishment. The overpayment referral consists of a completed Form 08OP005E, Report of Food Benefit (FB) Overissuance, and supporting documents. Reasons to submit an overpayment referral to AFS BIR Unit include, but are not limited to, when: (1) the household: (A) failed to provide Oklahoma Human Services (OKDHS) with correct or complete information; (B) failed to report changes in household circumstances, per OAC 340:50-9-5; (C) chose to continue to receive benefits pending a fair hearing decision and the: (i) fair hearing decision finds the household ineligible or eligible for fewer benefits; or (ii) household withdraws the fair hearing request after food benefits were reopened or increased, pending the outcome of the hearing; or (D) trafficked SNAP food benefits, per OAC 340:50-15-25; (2) the worker: (A) incorrectly computed the household's income or deductions or otherwise issued an excess benefit allotment; (B) failed to take prompt action on a change reported by the household resulting in an over-issuance; (C) incorrectly applied rules that resulted in an over-issuance or issuing benefits to an ineligible household; (D) incorrectly issued or renewed food benefits to an ineligible household; or (E) failed to reduce food benefits because the household's public assistance benefits changed; (3) the computer system incorrectly issued benefits to a household; (4) AFS SNAP Quality Control staff discovered the over-issuance during a quality control review; or (5) the Oklahoma Inspector General Investigative Unit discovered an over-issuance. (e) Overpayment classification and claim establishment. AFS BIR Unit staff classifies an overpayment as an inadvertent household error, intentional program violation, or agency error, per OAC 340:50-15-4, and establishes the overpayment claim, per OAC 340:50-15-3. Per 7 C.F.R. § 273.18(e)(2)(ii), AFS BIR Unit staff does not establish an overpayment claim when the error causing the overpayment is classified as inadvertent client error or agency error and the: (1) overpayment is less than $250; (2) household is not participating in SNAP when the overpayment is discovered; and (3) overpayment was not discovered in an AFS Quality Control Review Unit review. (f) Repayment plan development. AFS BIR Unit staff verifies and calculates the overpayment claim, and establishes the claim by notifying the debtor household of the overpayment debt. Once established, AFS BIR Unit staff develops a repayment plan with the household, per OAC 340:50-15-6. (g) Disqualification penalty. When a person commits an intentional program violation, in addition to being responsible for repaying the overpayment debt, the person is disqualified from receiving food benefits for a time period, per OAC 340:50-15-25. (h) Fair hearing rights. When the household disagrees with the overpayment decision, the household may request a fair hearing within 90-calendar days of the date on the Notification of Food Benefit Overpayment notice, per 7 C.F.R. § 273.15(g). When OKDHS Legal Services Appeals Unit or county staff notifies AFS BIR Unit staff that the household requested a timely fair hearing, AFS BIR Unit staff ceases all collection efforts, including allotment reduction, pending the hearing decision. An item mailed by OKDHS is presumed to be received on the second day mail is delivered, following the date on the notice, per OAC 340:2-5-63.

(a) Overpayment determination. Adult and Family Services (AFS) local office staff calculates overpayments and refers it to AFS Benefit Integrity and Recovery (BIR) for final determination. (1) When the household failed to report earned income timely, per Oklahoma Administrative Code (OAC) 340:50-9-5, the worker does not subtract an earned income deduction from gross earnings when calculating the overpayment amount. (2) AFS local office staff documents the circumstances causing the overpayment and the calculations used to determine the over-issuance amount on Form 08OP005E, Report of Supplemental Nutrition Assistance Program Overissuance and sends Form 08OP005E and supporting documentation to AFS BIR staff for claim establishment. (3) If Office of Inspector General (OIG) staff determines a trafficking-related offense occurred, AFS BIR staff bases the overpayment amount on the value of the trafficked benefits. Per Section 273.18(c) of Title 7 of the Code of Federal Regulations, the value of the trafficked benefits is determined by: (A) the household member or authorized representative's admission; (B) adjudication; or (C) OIG documentation that formed the basis for the trafficking determination. (b) Overpayment claim establishment. AFS BIR staff is responsible for evaluating overpayment referrals, establishing overpayment claims, and referring overpayment claims to OIG when fraudulent intent is suspected. An overpayment claim is considered established on the date AFS BIR staff sends the overpayment notice to the household. (1) When fraudulent intent is not suspected, AFS BIR staff: (A) establishes the overpayment claim and classifies it as an inadvertent household or agency error, per OAC 340:50-15-4; (B) notifies the household and worker, per (d) and (e) of this Section; and (C) sets up a repayment plan with the household, per OAC 340:50-15-6. (2) When fraudulent intent is suspected, AFS BIR staff sends the overpayment referral to OIG to determine whether fraudulent intent occurred. The overpayment claim is not established and notices are not sent until OIG completes its investigation and releases the claim back to AFS BIR. Refer to OAC 340:50-15-25 for procedures when overpayments are referred for an intentional program violation determination. (c) Claim establishment time frame. The amount of time included in an overpayment claim varies. (1) From when Oklahoma Human Services (OKDHS) learned of the overpayment AFS BIRS calculates all overpayment claims back at least 12 months but no more than six years. (2) When AFS BIR classifies an overpayment as an intentional program violation, the overpayment claim begins with the month the first intentional program violation occurred, subject to paragraph (1). (3) OKDHS complies with court orders that require a household to pay restitution. (d) Household notification. AFS BIR staff sends the household: (1) the Notification of Food Benefit Overpayment notice; (2) Form 08OP005E showing the overpayment over-issuance amount; and (3) Form 08OP118E, Food Benefit Repayment Agreement. (e) Local office notification. After claim establishment, AFS BIR staff sends the local office: (1) a copy of the Notification of Food Benefit Overpayment notice sent to the client; (2) the completed Form 08OP005E; and (3) the County Notification of Overpayment notice.

(a) Overpayment claim classified as inadvertent household error. Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) staff classifies an overpayment claim as an inadvertent household error when the Supplemental Nutrition Assistance Program (SNAP) food benefit over-issuance was caused by a misunderstanding or unintended error on the part of the household. Instances of inadvertent household error that may result in an established overpayment claim include, but are not limited to, when the household inadvertently: (1) failed to provide the Oklahoma Department of Human Services (DHS) with correct or complete information; (2) failed to report changes in household circumstances per Oklahoma Administrative Code (OAC) 340:50-9-5; or (3) received benefits or more benefits than it was entitled to receive pending a fair hearing decision. (b) Overpayment claim classified as agency error. AFS BIR staff classifies an overpayment claim as an agency error when the DHS action or failure to take action caused the over-issuance. Instances of agency errors that may result in an overpayment include, but are not limited to, when: (1) AFS staff: (A) failed to take prompt action on a change reported by the household that resulted in an over-issuance; (B) incorrectly computed the household's income or deductions, or otherwise issued an excess benefit allotment; (C) incorrectly issued or renewed food benefits to an ineligible household; (D) incorrectly applied policy or procedure that resulted in an over-issuance or issuing benefits to an ineligible household; or (E) failed to reduce food benefits because the household's public assistance benefits changed; or (2) the computer system incorrectly issued benefits to a household. (c) Overpayment claim classified as intentional program violation. An overpayment claim is classified as an intentional program violation when it is determined that a person intentionally gave false information or withheld facts in order to receive food benefits or trafficked benefits for cash or non-food items. (1) An intentional program violation is determined through: (A) an administrative disqualification hearing conducted by DHS Legal Services Appeals Unit staff; (B) the accused person signing Form 08OP016E, Administrative Disqualification Hearing Waiver; or (C) a court decision. When the court decision is a deferment, the prosecutor asks the accused person to sign Form 19MP002E, Disqualification Consent Agreement. (2) Instances of intentional program violation that may result in an overpayment claim include, but are not limited to, when an adult household member: (A) made a false or misleading statement, or misrepresented, concealed, or withheld facts; or (B) committed an act that constitutes a violation of the Supplemental Nutrition Assistance Program, relative to the use, presentation, transfer, acquisition, receipt, or possession of food benefits.

(a) Repayment of established overpayment claims. Households must make repayment on all established Supplemental Nutrition Assistance Program (SNAP) food benefit overpayment claims regardless of the reason or classification for the overpayment. Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) staff initiates collection efforts against all adult household members included in SNAP food benefits during the overpayment time. (1) AFS BIR staff may initiate collection efforts from two separate households for the same claim. (2) AFS BIR staff may use any repayment option per (c) of this Section to collect the overpayment claim from any adult: (A) who was in the household at the time of the overpayment and who is not currently a member of a household undergoing allotment reduction; or (B) connected to the household, such as an authorized representative or other individual when the person trafficked benefits or caused the overpayment. (b) Repayment plan time frames. After AFS BIR staff establishes the overpayment, he or she mails the household the Notification of Food Benefit Overpayment notice and Form 08OP118E, Food Benefit Repayment Agreement. Form 08OP118E informs the household of the responsibility to repay the overpayment and explains the acceptable debt repayment methods. The household is responsible for completing and returning Form 08OP118E within the appropriate time frame. (1) The SNAP food benefit overpayment claim is considered delinquent when, within 30-calendar days of the date shown on the Notification of Food Benefit Overpayment notice, the household does not: (A) pay the claim in full; or (B) complete and return Form 08OP118E. AFS BIR staff must approve the repayment plan proposed by the household. (2) The SNAP overpayment claim is not considered delinquent when, within 30-calendar days of the date shown on the Notification of Food Benefit Overpayment notice, the: (A) household's food benefit allotment reduction begins; or (B) household is undergoing recoupment to repay a previous SNAP overpayment claim at the time AFS BIR staff mails the Notification of Overpayment notice. (3) When allotment reduction stops because the SNAP food benefit closes for any reason, the household must repay the debt in full or contact AFS BIR to request a repayment arrangement within 30-calendar days of benefit closure, unless food benefits are reopened. (c) Repayment options. Form 08OP118E informs the client of available repayment options and advises the client not to send cash through the mail. Repayment options include repaying the overpayment claim: (1) in one lump sum by personal check, money order, cashier's check, or Electronic Benefit Transfer (EBT) debit with a signed statement; (2) in regular monthly installments, when he or she has an approved repayment agreement on file with AFS BIR. Payment may be made by personal check, money order, cashier's check, or approved EBT debit with a signed statement; (3) by applying any lost benefit due the household toward the food benefit overpayment claim per Oklahoma Administrative Code 340:50-11-46; (4) by authorizing a voluntary payment through a debit from the EBT Access account. The client or the household's authorized representative must mail, fax, or email a signed statement to AFS BIR giving permission for the debit before BIR staff debits the account; (5) by allotment reduction. Allotment reduction is an involuntary method of collecting SNAP overpayment claims by reducing the monthly benefit amount a household receives. AFS BIR staff does not reduce benefits for the initial month of certification or use other involuntary collection methods against household members while the benefit allotment is reduced. When AFS BIR staff establishes an: (A) agency error or inadvertent household error overpayment claim, he or she reduces the household's monthly benefit allotment by 10 percent or $10, whichever is greater. The client may request a higher reduction up to its monthly allotment; or (B) intentional program violation overpayment claim, he or she reduces the household's monthly benefit allotment by 20 percent or $20, whichever is greater. The household may request a higher reduction up to its monthly allotment; or (6) by court ordered restitution. (d) Recalculation of debt. AFS BIR staff recalculates the household's overpayment claim balance, when staff becomes aware that some or all of the issued benefits within the overpayment period were expunged. Financial Services Payment Services staff expunges food benefits remaining in a household's EBT account when the household has not accessed the account for one year. (e) Monthly statement. A monthly statement computer-generates to the household around the 20th day of each month, informing the household of the remaining debt obligation. (f) Reconsideration of repayment plan. The client may request reconsideration of the repayment plan by submitting information regarding changes in family and financial circumstances directly to AFS BIR. AFS BIR staff makes adjustments to the repayment plan when circumstances warrant. (g) Consequences of a delinquent claim. When an overpayment claim becomes delinquent, AFS BIR staff must refer it to the Treasury Offset Program (TOP) for collection per (g) of this Section or use other involuntary collection actions including, but not limited to: (1) referrals to collection and/or other similar private and public sector agencies; (2) state tax refund and lottery offsets; (3) wage garnishments; (4) property liens; and (5) small claims court. (h) Referrals for TOP. AFS BIR staff refers delinquent overpayment claims to TOP for collection when criteria in (1) of this subsection are met. Debts are collected in TOP through interception of federal monies including, but not limited to, federal income tax refunds, Social Security Administration benefits, and federal employee wages. The client may be responsible for paying any collection or processing fees charged by the federal government. (1) TOP criteria are, the: (A) amount owed must be at least $25; (B) claim is delinquent by 120-or more calendar days and legally enforceable; (C) claim is not part of a bankruptcy stay, under litigation, or under review per (3) of this subsection; and (D) the debtor is not a current SNAP recipient in Oklahoma whose claim is being collected through allotment reduction or under an approved repayment plan. (2) At least 60-calendar days before referring an overpayment claim to TOP, AFS BIR staff notifies the person of the intended referral. AFS BIR staff mails the 60-calendar day notice to the address provided by TOP. Information contained in the notice includes: (A) the debtor's Social Security number; (B) the citation of the statutory authority for the offset; (C) instructions on how to avoid the TOP referral; (D) the right to request a review of the intended action per (3) of this subsection; (E) information regarding all TOP exemptions and restrictions; (F) information regarding spousal protection from the offset; and (G) the debtor's right to review applicable records. (3) Request for review of intended action. To consider a request timely, the person being referred to TOP must request a review of the intended action in writing, within 60-calendar days of the date AFS BIR staff sends the 60-calendar day letter. The person's contention that the claim is not past due or legally enforceable is the basis for the review. (A) A claim is not past due and legally enforceable when the person provides proof: (i) the claim is paid in full; (ii) the person cited for the offset is not the person who owes the claim; (iii) that substantiates bankruptcy action; or (iv) the household's benefit allotment is currently being reduced to repay the debt. (B) AFS BIR staff conducts the requested review and sends the person written notification of the review decision within 30-calendar days of the request. The review decision notice informs the person requesting the review: (i) if the debt is past due and legally enforceable; (ii) if the overpayment is, or is not being referred to TOP; and (iii) of his or her right to appeal the decision by requesting another review from the Food and Nutrition Services (FNS) Regional Office within 30-calendar days of the date on the review decision letter. The notice includes the FNS Regional Office address and the contact person's name. (C) When, after review, AFS BIR staff finds the debt is past due and legally enforceable, the person may avoid referral to TOP by paying the overpayment claim in full or setting up an acceptable repayment agreement with AFS BIR staff. (i) Case record retention. The Oklahoma Department of Human Services is mandated to retain case records containing overpayments for three years from the date: (1) the overpayment debt is paid in full; or (2) no further action is taken to collect the debt because of reasons, such as the client dies or files bankruptcy that discharges the debt.

(a) Collection effort suspension. The Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) Unit: (1) suspends collection action on cases no longer receiving Supplemental Nutrition Assistance Program (SNAP) food benefits when the: (A) primary responsible household member is deceased and there are no remaining adult household members responsible for the overpayment; (B) household cannot be located; or (C) cost of further collection action is likely to exceed the amount that can be recovered. (2) AFS BIR Unit may: (A) reopen debts held in suspension based on changes in household circumstances; or (B) initiate food benefit reduction if the client reapplies and becomes eligible in the future. (b) Termination of overpayment claims. Per Section 273.18(e)(8) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.18(e)(8): (1) a terminated overpayment claim is a claim in which all collection action has ceased; (2) a written-off claim is a claim no longer considered a receivable subject to continued federal and state collection and reporting requirements; (3) when an overpayment claim is paid in full, the household is notified the debt was satisfied. (4) AFS BIR Unit staff may terminate and write off SNAP overpayment claim(s) when: (A) all adult household members die; (B) the claim balance is $25 or less and the claim has been delinquent for 90-calendar days or more unless other claims exist against this household resulting in an aggregate claim total of greater than $25; (C) the claim is delinquent for three years or more unless AFS BIR Unit is pursuing the claim through the Treasury Offset Program, per 7 C.F.R. § 273.18(n) and Oklahoma Administrative Code 340:50-15-6(h); (D) the household cannot be located for three or more years; (E) the claim is determined invalid unless it is appropriate to pursue a different claim type; or (F) it is not cost effective to pursue the claim any further, per FNS approved cost-effectiveness criteria. (5) AFS BIR may reinstate a terminated and written-off claim when a new collection method or specific event, such as lottery winnings, substantially increases the likelihood of further collections.

(a) IPV definition. Per Section 273.16(c) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.16(c)), an IPV is defined as intentionally: (1) making a false or misleading statement, or misrepresenting, concealing, or withholding facts; or (2) committing any act that constitutes a violation of the Supplemental Nutrition Assistance Program (SNAP), SNAP regulations, or of any Oklahoma State statue for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits or electronic benefit transfer (EBT) cards. (b) Cases referred for an administrative disqualification hearing (ADH). Oklahoma Human Services (OKDHS) Office of Inspector General (OIG) staff refers cases to the OKDHS Legal Services Appeals Unit to conduct an ADH to determine when the client committed an IPV. The referred cases contain documentary evidence of an IPV, but do not warrant civil or criminal prosecution. (c) Waiving ADH. OIG staff gives a client suspected of an IPV the option to waive his or her rights to an ADH. The client must complete and sign Form 08OP016E, Administrative Disqualification Hearing Waiver, to request a waiver. A hearing waiver subjects the client to the same penalties as if the hearing process determined the client committed an IPV. (d) Penalties for an IPV. Persons found to have committed an IPV through an ADH, a federal, state, or local court, an ADH waiver, or, when referred for prosecution, a disqualification agreement, are ineligible to participate in SNAP, per 7 C.F.R. § 273.16(b). (1) Cases determined by ADH or ADH waiver. When the ADH results in an IPV determination or the client waives his or her right to the hearing process, Adult and Family Services (AFS) Benefit Integrity and Recovery (BIR) Unit staff imposes a disqualification penalty. (A) AFS BIR Unit staff sends Form 08AD019E, Program Penalty/Disqualification Notice, to the disqualified member. Form 08AD019E includes information regarding the remaining household members' eligibility. (B) Unless (ii) of this subparagraph applies, the disqualification period for a person is one year for the first violation, two years for the second violation, and permanently for the third violation. (i) Any person disqualified for an IPV prior to April 1, 1983, is considered to have one previous disqualification, regardless of the number of previous disqualifications. (ii) A person found to have made a fraudulent statement or representation with respect to the person's identity or place of residence in order to receive multiple SNAP benefits simultaneously is disqualified for a period of 10 years or permanently for a third violation. (iii) The disqualification period begins the first possible effective month following the date AFS BIR Unit staff mails Form 08AD019E. Once the disqualification period begins, it runs continuously until the end of the period imposed, regardless of whether the household remains eligible for food benefits during the person's disqualification period. (iv) AFS BIR Unit staff removes the disqualified person from the household size or, for a one-person household, closes the SNAP food benefit based on an IPV. When determining the remaining household members' SNAP eligibility, the worker counts the disqualified person's total gross income and allows all applicable deductions, per Oklahoma Administrative Code (OAC) 340:50-7-29(d)(1). (v) A household must repay the SNAP overpayment claim regardless of any disqualification penalty imposed. AFS BIR Unit staff sends Form 08OP118E, Food Benefit Repayment Agreement, to notify the household of the need to make a repayment plan and the repayment options available to the client, per OAC 340:50-15-6. (2) Cases determined by a court. AFS BIR Unit staff refers all cases suspected of an IPV to OIG to determine if court action is feasible. (A) When OIG staff refers the person for court action, AFS BIR Unit staff must not discuss the overpayment claim with the household until court action is complete or AFS BIR Unit staff notifies the worker of needed action. County staff forwards further information or directs client inquiries regarding the overpayment to AFS BIR Unit staff. (B) A court of appropriate jurisdiction may find one or more persons in the household guilty of obtaining food benefits by fraudulent means. The court may charge the person with either a misdemeanor or a felony. (C) Disqualification penalty procedures for court and ADH determined cases are the same, except for (i) through (iii) of this subparagraph. (i) The court may specify the length of the disqualification. Court-specified periods of disqualification may supersede (c)(2) of this Section. (ii) A person is subject to disqualification when a federal, state, or local court determines the person committed an IPV of trading SNAP food benefits for firearms, ammunition, explosives, or controlled substances: (I) for two years for the first offense and permanently for the second offense involving the sale of a controlled substance for SNAP food benefits; and (II) permanently for the first offense involving the sale of firearms, ammunition, or explosives for SNAP food benefits. (iii) A person is permanently disqualified from SNAP participation when a federal, state, or local court convicts the person of trafficking SNAP food benefits for an aggregate amount of $500 or more. Per 7 C.F.R. § 271.2 and Section 243 of Title 56 of the Oklahoma Statutes (56 O.S. § 243), the definition of trafficking means: (I) the buying, selling, stealing, or otherwise exchanging SNAP benefits issued and accessed via EBT cards, card numbers, personal identification numbers (PINs), or by manual voucher and signature, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; (II) the exchange of firearms, ammunition, explosives, or controlled substances, per Section 802 of Title 21 of the United States Code, for SNAP benefits; (III) purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount; (IV) purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits, in exchange for cash or consideration other than eligible food; (V) intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food; (VI) attempting to buy, sell, steal, or otherwise exchanging SNAP benefits issued and accessed via EBT cards, card numbers, PINs, or by manual voucher and signatures, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; or (VII) the possession of stolen SNAP EBT cards. (D) The court may also stipulate a repayment plan. The repayment plan cannot be renegotiated. AFS BIR Unit staff may refer the case back to the district attorney's office when the client fails to comply with the repayment plan. (E) If a court fails to impose a disqualification or a disqualification period for an IPV, OKDHS must impose the appropriate disqualification penalty specified in this Section unless it is contrary to the court order. (3) Disqualification consent agreement. Per 56 O.S. § 243(B)(5), any district attorney who enters into a deferred adjudication or who negotiates for a deferred sentence with a defendant charged with fraud must present the defendant with a disqualification consent agreement as part of the deferred adjudication or sentence.

In addition to submitting overpayments involving suspected household fraud, the worker is also responsible for submitting any incidence of reported abuse on the part of any person or a participating food store. Other incidences of reported fraud are submitted by memorandum to the Adult and Family Services (AFS) Supplemental Nutrition Assistance Program (SNAP). (1) In the memorandum, the worker outlines the complaint in sufficient detail to facilitate a follow-up investigation. Further action is not taken by local county office staff pending investigation, and suspected ineligibles continue to participate in SNAP during the investigation. (2) AFS SNAP staff refers the complaint to the Office of Inspector General (OIG) for investigation and determination of whether to pursue administrative and/or court action against the household. (3) In addition, OIG staff, on behalf of the Oklahoma Department of Human Services Director, may refer instances of misrepresentation or fraudulent acts on the part of a participating merchant to the United States Department of Agriculture.

Section 243 of Title 56 of the Oklahoma Statutes provides for penalties due to misuse of food benefits for those recipients who receive benefits fraudulently. Federal penalties for misuse of food benefits are found in Section 15 (b) and (c) of the Food and Nutrition Act of 2008 [7 U.S.C. § 2024].