Okla. Admin. Code § 340:50-11-3

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-11-3 - Expedited service for migrant or seasonal farm laborers

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.

Okla. Admin. Code § 340:50-11-3

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93 ; Amended at 26 Ok Reg 840, eff 6-1-09 ; Amended at 30 Ok Reg 682, eff 6-1-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018