Okla. Admin. Code § 770:15-5-3

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

Section 770:15-5-3 - Policies and basis for claims

(a) $1,000.00 is the maximum amount payable to a family in any one fiscal year.

(b) Payments are made only in cases where there is a temporary emergency due to illness, disability, death or disaster. In the event of desertion, an affidavit from the spouse is required.

(c) Unemployment is not a basis for payment of emergency aid funds. If the veteran has not been employed previous to the application for emergency aid and has been unemployable or retired, then illness or injury cannot be used as reason for the emergency.

(d) The handling, allowing, disallowing and supervision of emergency aid funds are vested in the Headquarters office with the Executive Director. The decisions will be made by a panel of at least three members from the Central Office and/or Claims Office staff and recommendation made to the Executive Director for his or her final approval. The Executive Director, at his or her sole discretion, may present cases to the War Veterans Commission. Matters of policy are presented to the Commission.

(e) In cases where the applicants misrepresent length of residence or income, the Executive Director makes a complete investigation of the case before payment is made. If there is fraud connected with the case, it is referred to the War Veterans Commission with a recommendation from the Executive Director. The War Veterans Commission may suspend future eligibility of the applicants and may refer unusual cases to the Attorney General for appropriate action.

(f) Claimants who have applied for emergency aid more than once will have their files closely reviewed to determine if the claimant is attempting to obtain funds from the emergency aid program as a continuing source of yearly income. Apparent claims of this nature will be referred back to the post service officer for further investigation or will be denied if so determined by the reviewing panel or the Executive Director.

(g) Emergency aid will not be granted where regular monetary benefits are received from the Department of Human Services, if Oklahoma Department of Veterans Affairs emergency aid would cause the Department of Human Services benefits to be discontinued.

(h) Residence outside the state for purposes of Veterans Administration hospitalization or domiciliary care does not count against the veteran to meet the one year residence immediately prior to application. Cases of this nature will be handled on an individual basis. The intent should be the controlling factor in arriving at a determination of eligibility.

(i) In the event of a hardship created by an illness where the veteran is not employed (see (c) of this section); or by loss of a V.A., Social Security, retirement check, etc., the circumstances will be reviewed with consideration given to the humanitarian outcome if denied.

(j) The Oklahoma Department of Veterans Affairs will establish internal operating procedures for the expeditious processing of emergency aid claims.

(k) The procedures in (a) through (j) of this Section may include the development of forms, letters of instruction to veterans services organization post service officers, checklists for the use of review panels, and correspondence to claimants.

(l) The Department of Veterans Affairs will accept the discharge or statement of service in determining eligibility for financial assistance. Unless the veteran has a service connected disability as certified by the Veterans Administration or the appropriate branch of military service, he must have ninety days continuous service extending into or out of wartime in order to be eligible. Honorable discharges are accepted without question. For Bad Conduct, Undesirable and other types, the department will ask the Veterans Administration for a determination as to whether or not the veteran was discharged under other than dishonorable conditions.

Okla. Admin. Code § 770:15-5-3

Amended at 19 Ok Reg 250, eff 8-17-01 (emergency); Amended at 19 Ok Reg 2747, eff 7-11-02 ; Amended at 30 Ok Reg 1486, eff 6-27-13