Okla. Admin. Code § 340:50-11-111

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

Section 340:50-11-111 - Categorically eligible household

(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.

Okla. Admin. Code § 340:50-11-111

Added at 25 Ok Reg 937, eff 6-1-08; Amended at 26 Ok Reg 840, eff 6-1-09; Amended at 27 Ok Reg 1241, eff 6-1-10; Amended at 28 Ok Reg 850, eff 6-1-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 37, Issue 20, July 1, 2020, eff. 5/22/2020

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 41, Issue 5, November 15, 2023, eff. 10/2/2023, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/14/2024