9. Variable conditions of eligibility

340:65-3-9. Variable conditions of eligibility

Revised 6-1-13

The conditions of eligibility subject to change and review are:

(1) income and resources; • 1
(2) state residence; • 2
(3) residence in a public institution; • 3
(4) blindness and disability in State Supplemental Payment (SSP) and incapacity in Temporary Assistance for Needy Families (TANF) are based on continuous receipt of a disability payment from the Social Security Administration or decision of the Oklahoma Health Care Authority, Level of Care Evaluation Unit; • 4
(5) concurrent receipt of assistance;
(6) age; • 5
(7) living in the home of a relative for TANF per OAC 340:10-9-1;
(8) school attendance for each minor child in TANF per 340:10-13-1;
(9) immunizations for each minor child receiving TANF per OAC 340:10-14-1;
(10) deprivation of parental support for TANF per OAC 340:10-10-1 through 340:10-10-7;
(11) participation in a TANF Work activity for TANF per OAC 340:10-2-1 through 340:10-2-8;
(12) need for child care per OAC 340:40-7-7 and 340:40-7-8;
(13) lawful status for non-citizens; • 6
(14) household composition; • 7
(15) pursuit of child support; and
(16) mandatory screening of adult parents or needy caretakers who apply for or receive TANF cash assistance for the illegal use of a controlled substance or substances per OAC 340:10-4-1.

INSTRUCTIONS TO STAFF 340:65-3-9

Revised 1-15-19

1.Review rules per program regarding income and resources, per:

(1) Oklahoma Administrative Code (OAC) 340:10-3-26 through 340:10-3-40 regarding income and OAC 340:10-3-1 through 340:10-3-10regarding resources for the Temporary Assistance for Needy Families (TANF) program;

(2) OAC 340:15-1-4, 340:15-1-6, and 317:35-7-38 regarding income and OAC 340:15-1-14 and 317:35-7-38 regarding resources for the State Supplemental Payment (SSP) program;

(3) OAC 340:40-7-10 through 340:40-7-13 regarding income and OAC 340:40-7-5 regarding resources for the Child Care Subsidy program;

(4) OAC 317:35-5-42 for the populations related to aged, blind, or disabled (ABD) including long term care; 317:35-10-26 for the online enrollment population regarding income; 317:35-5-41 through 317:35-5-41.11 for populations related to ABD;OAC 317:35-17-10 and 317:35-19-20 for the long term care population; and 317:35-10-10for the online enrollment population regarding resources for the SoonerCare (Medicaid) program; and

(5) OAC 340:50-7-22 through 340:50-7-31regarding income and OAC 340:50-7-1 regarding resources for the Supplemental Nutrition Assistance Program (SNAP).

2.Review rules per program regarding state residence, per:

(1) OAC 340:10-7-1 for the TANF program;

(2) OAC 317:35-5-26 for the SSP and SoonerCare (Medicaid) programs;

(3) OAC 340:40-7-5 for the Child Care Subsidy program; and

(4) OAC 340:50-5-66 for SNAP.

3.When a recipient becomes a resident of a public institution he or she is not eligible for benefits, per:

(1) OAC 340:65-5-1 for the TANF;

(2) OAC 340:15-1-5, 317:35-5-26, and 340:65-5-1 for the SSP program;

(3) OAC 317:35-5-26 for SoonerCare (Medicaid) program; and

(4) OAC 340:50-5-7.1 for SNAP.

4.Review rules per program regarding blindness, disability, or incapacity, per:

(1) OAC 340:15-1-5 and 317:35-5-4 for the SSP program; and

(2) OAC 340:10-10-2 for the TANF program.

5.Review rules per program regarding age, per:

(1) OAC 340:10-5-1 for the TANF program;

(2) 340:15-1-6 for the SSP program;

(3) OAC 340:40-7-3 for the Child Care Subsidy program; and

(4) OAC 340:50-5-3 regarding when a child can be considered a separate household, OAC 340:50-5-4 regarding the age a person is considered elderly, OAC 340:50-5-85 regarding at what ages a household member must register for work, and OAC 340:50-5-100 regarding at what ages an able-bodied adult without dependents must participate in work requirements.

6.Review rules per program regarding lawful status for non-citizens, per:

(1) OAC 340:10-15-1 and 340:65-3-1 for the TANF program;

(2) OAC 340:65-3-1 and 317:35-5-25 for the SSP program;

(3) OAC 340:40-7-5 and 340:65-3-1 for the Child Care Subsidy program;

(4) OAC 317:35-5-25 for the SoonerCare (Medicaid) program; and

(5) OAC 340:50-5-67 and 340:65-3-1for SNAP.

7.Review rules per program regarding household composition, per:

(1) OAC 340:10-3-56 and 340:10-3-57 for the TANF program;

(2) OAC 340:15-1-5 and 317:35-7-36for the SSP program;

(3) OAC 340:40-7-6 for the Child Care Subsidy program;

(4) OAC 317:35-7-36 for the population related to ABD, OAC 317:35-17-9 and 317:35-19-20 for the long term care population, and OAC 317:35-6-36 for the online enrollment population for the SoonerCare (Medicaid) program; and

(5) OAC 340:50-5-1 through 340:50-5-10.1 for SNAP.

Library: Policy