340:50-7-6 Sponsored alien and non-categorically eligible resource requirements

(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.