Okla. Admin. Code § 340:65-3-8

Current through Vol. 42, No. 6, December 2, 2024

Section 340:65-3-8 - Continuing eligibility determination

(a)Continuing eligibility determination. The worker determines continued eligibility at appropriate intervals, per (b) of this Section. The worker is responsible for:

(1) informing the recipient of his or her change reporting responsibilities, per Oklahoma Administrative Code (OAC) 340:65-5-1, at each contact;

(2) contacting the recipient when possible changes are indicated to ensure continuing eligibility;

(3) synchronizing renewal dates for all benefits received by the household when possible; and

(4) determining continuing eligibility.

(b)Benefit renewal time frames. The periodic renewal time frame varies depending on the program.

(1) A benefit renewal is completed at six-month intervals with a:

(A) Temporary Assistance for Needy Families (TANF) recipient due to:

(i) pending required immunizations, per OAC 340:10-14-1;

(ii) payment standard reductions because of program violations, per OAC 340:10-3-57(g) or (h);

(iii) hardship extension approvals, per OAC 340:10-3-56(a)(2)(E);

(iv) earned income, per OAC 340:10-3-31 through 340:10-3-40; or

(v) a work eligible person's exemption from TANF Work activities because of his or her incapacity or to care for a disabled family member living in the household, per OAC 340:102-1; or

(B) food benefit recipient subject to a mid-certification renewal, per OAC 340:50-9-5(d) and (e).

(2) A benefit renewal is completed at 12-month intervals, unless an earlier renewal date is warranted, with a:

(A) TANF recipient unless (b)(1)(A) of this Section applies;

(B) State Supplemental Payment (SSP) recipient who does not receive Supplemental Security Income (SSI). When the recipient receives SSI, the system passively renews the SSP and SoonerCare (Medicaid) benefit;

(C) Child Care Subsidy recipient, per OAC 340:40-9-1;

(D) food benefit household subject to an annual mid-certification renewal, per OAC 340:50-9-5(b) and (c);

(E) food benefit household whose Supplemental Nutrition Assistance Program (SNAP) certification renewal is completed at 12-month intervals, per OAC 340:50-9-6; or

(F) SoonerCare (Medicaid) recipient, per OAC 317:35, when the recipient does not receive SSI. When the recipient receives SSI, the system passively renews the SoonerCare (Medicaid) benefit.

(3) The worker completes a SNAP certification renewal at 24-month intervals for households subject to an annual mid-certification renewal, per OAC 340:50-9-5(b) and (c).

(c)Benefit renewal notification. The recipient receives a notice when the benefit renewal is due, informing the recipient he or she must complete the benefit renewal within a specified time frame to continue receiving benefits.

(1) The worker sends Form 08AD092E, Client Contact and Information Request, to TANF recipients.

(2) A computer-generated notice is sent to:

(A) child care recipients;

(B) food benefit recipients due for mid-certification renewal and certification renewal; and

(C) SSP and SoonerCare (Medicaid) recipients who do not receive SSI.

(3) Since SoonerCare (Medicaid) and SSP recipients who receive SSI are passively renewed, they receive a notice informing them that their benefits were renewed. The renewal notice includes the income used to renew their benefit(s). Recipients are asked to sign and return the renewal notice if the income shown on the notice is incorrect. When the notice is signed and returned, the worker contacts the recipient to obtain current information.

(d)Signature requirements. The recipient, guardian, or a person acting on the recipient's behalf, such as an authorized representative or a person with power-of-attorney, signs the benefit renewal for all programs except TANF. The recipient signs TANF renewals. When the recipient lives with his or her a spouse, both must sign the TANF renewal.

(e)Interview requirements. Benefit renewal interview requirements vary depending on the program.

(1) Per Section 206.10 of Title 45 of the Code of Regulations, the TANF program requires a face-to-face certification renewal interview every 12 months. The face-to-face interview may be conducted in the OKDHS office, at a home visit, or through a virtual video conference.

(2) A phone or face-to-face interview is required for a:

(A) SNAP certification renewal, except for (e)(3)(C) of this Section, per OAC 340:50-3-1; or

(B) Supplemental Security Income-Disabled Children's Program service plan renewal, per OAC 340:15-3-1.

(3) An interview is not required for:

(A) any of the SoonerCare (Medicaid) programs when the client signs and completes the renewal, provides all required proof, and none of the information is questionable. When necessary, the worker contacts the recipient to complete the renewal;

(B) passive renewals completed for SoonerCare (Medicaid) or SSP recipients;

(C) Child Care Subsidy program renewals; or

(D) food benefit households completing a:

(i) mid-certification renewal, at six- or 12-month intervals; or

(ii) SNAP certification renewal when all household members are elderly or disabled and there is no earned income in the household, per OAC 340:50-3-2(a)(2).

(f)Eligibility determination. The worker determines eligibility after the benefit renewal is signed, all required proof is provided, an interview, if required, is conducted, and all information evaluated.

(1) The worker may:

(A) complete the benefit renewal without changes;

(B) complete the benefit renewal with changes; or

(C) close the benefit or benefits.

(2) When benefits close and the recipient provides required proof by the last day of the closure month, benefits may be reopened.

Okla. Admin. Code § 340:65-3-8

Amended at 8 Ok Reg 3271, eff 7-15-91 (emergency); Amended at 9 Ok Reg 2815, eff 7-13-92; Amended at 10 Ok Reg 1147, eff 3-9-93 (emergency); Amended at 10 Ok Reg 1445, eff 4-26-93; Amended at 10 Ok Reg 2303, eff 6-11-93; Amended at 11 Ok Reg 4505, eff 7-22-94 through 7-14-95 (emergency); Amended at 13 Ok Reg 353, eff 12-11-95; Amended at 14 Ok Reg 592, eff 12-12-96 (emergency); Amended at 14 Ok Reg 1369, eff 5-12-97; Amended at 15 Ok Reg 179, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1644, eff 5-11-98; Amended at 18 Ok Reg 2096, eff 7-1-01; Amended at 19 Ok Reg 401, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1784, eff 6-14-02; Amended at 24 Ok Reg 1042, eff 6-1-07; Amended at 25 Ok Reg 265, eff 11-1-07 (emergency); Amended at 25 Ok Reg 958, eff 6-1-08; Amended at 26 Ok Reg 1272, eff 6-1-09 ; Amended at 28 Ok Reg 880, eff 6-1-11; Amended at 29 Ok Reg 812, eff 7-1-12; Amended at 30 Ok Reg 691, eff 6-1-13

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

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

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024