Okla. Admin. Code § 340:50-9-1

Current through Vol. 42, No. 7, December 16, 2024

Section 340:50-9-1 - Determining the food benefit allotment

(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 midcertification renewal at 12-month intervals and are annual reporting households.

Okla. Admin. Code § 340:50-9-1

Amended at 9 Ok Reg 3725, eff 2-12-92; Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 11 Ok Reg 345, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2667, eff 6-13-94; Amended at 11 Ok Reg 4587, eff 9-1-94 (emergency); Amended at 12 Ok Reg 1577, eff 1-27-95 (emergency); Amended at 12 Ok Reg 2443, eff 6-26-95; Amended at 14 Ok Reg 220, eff 10-1-96 (preemptive); Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at 19 Ok Reg 202, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1767, eff 6-14-02; Amended at 20 Ok Reg 2924, eff 10-1-03 (emergency); Amended at 21 Ok Reg 841, eff 4-26-04; Amended at 22 Ok Reg 805, eff 5-12-05; Amended at 22 Ok Reg 2767, eff 9-1-05 (emergency); Amended at 23 Ok Reg 1896, eff 7-1-06; Amended 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 at 29 Ok Reg 794, eff 7-1-12

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

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

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