1. The Adult and Family Services (AFS) worker is responsible for explaining the benefits of both programs, but the person is responsible for choosing the program that is most beneficial in meeting his or her needs.
2. Refer to OAC 340:10-2-8(c)(6) for the Disability Advocacy Program.
3. Refer to OAC 340:10-3-28(1) for non-recurring lump sum Supplemental Security Income (SSI) retroactive payments.
4. The local AFS worker notifies the Social Security Administration (SSA) District Office when a Temporary Assistance for Needy Families (TANF) recipient is certified or terminated for cash assistance, if the recipient has also applied for SSI.
5. The AFS worker is responsible for providing the requested information to SSA, taking the appropriate action to adjust the benefit for the next effective date, and documenting the action in Family Assistance/Client Services (FACS) case notes.
6. Refer to OAC 317:35-5-4(1)(D) when SSI has already determined the person ineligible.
7. Tribal TANF serves only enrolled members of a tribe. The assistance unit for tribal TANF must consist of at least one enrolled member of a tribe. The tribal office determines if an individual is eligible to be included in the assistance unit.
8. A person is denied assistance for ten years if found to have fraudulently misrepresented residence in order to obtain assistance in more than one state. Refer to OAC 340:10-3-56(a)(3)(M).
9. (a) The definition of a person acting in the role of a spouse is a non-relative adult of the opposite sex living in the home.
(1) The opposite sex individual is acting in the role of a spouse when one or both of these factors exist:
(A) they represent themselves to be a couple; or
(B) have a physical relationship with each other.
(2) When the client states the conditions in (a)(1)(A) and (B) do not exist, factors that may indicate the opposite sex individual is acting in the role of a spouse include when he or she:
(A) assists in parenting the child, such as exercising responsibility for the child(ren), providing day-to-day care, physical care, and guidance for the child(ren);
(B) provides financial support for the family beyond his or her own pro rata share of the household expenses;
(C) shares joint bank accounts or property ownership with the client; or
(D) files a joint tax return with the client.
(b) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable.
10. Refer to the Oklahoma Department of Human Services (OKDHS) Appendix C-1 (.pdf, 8 pp, 202 KB), Maximum Income, Resource, and Payment Standards, Schedule IX.A to determine the need standard.
11. The stepparent's or spouse of a needy caretaker's most recent income tax return may be used as documentation.
12. When the stepparent or spouse of a needy caretaker has earned income, the AFS worker enters on the FACS Income tab the total gross amount in the designated income field. The computer calculates the work related expense and income disregards. Any unearned income is entered in the designated field. The AFS worker enters the need standard as indicated on OKDHS Appendix C-1 (.pdf, 8 pp, 202 KB), Schedule IX, in the diverted income field for the appropriate number of persons and, if necessary, any exemptions. When remaining income is less than the need standard, enter the remaining income. Form 08TA008E, Stepparent TANF Income Computation, may be used to calculate countable income.
13.(a) The client's statement regarding the relationship with the opposite sex individual is accepted unless considered questionable. When the worker requests verification of the relationship, he or she documents in FACS case notes why the client's statement is questionable. The reason is based on one or more of the factors described at (a) of this Instruction.
(b) The person acting in the role of a spouse is coded on the FACS Household tab as an "other adult residing in the household" in the Rel to Payee field, as "TANF - Temporary Assistance to Needy Families" in the benefit field and "Income/Resources are considered in benefit computation - person not included" in the status field.
(1) If this person has earned income, the AFS worker enters the total gross amount in the designated income field on the FACS Income tab and the computer automatically calculates the work related expense.
(2) Any unearned income is entered in the designated field.
(3) The AFS worker enters the need standard as indicated on OKDHS Appendix C-1 (.pdf, 8 pp, 202 KB), Schedule IX, in the diverted income field for the appropriate number of persons and when necessary, any exemptions.
(4) Any remaining income is considered available to the TANF assistance unit.
14. The parent is not given any income deductions including a deduction for his or her own needs.
15. Refer to OAC 340:10-3-56(a)(3)(O), 340:10-3-39(g), and 340:10-10-7 when the payee is an unmarried minor.
16. To determine the need standard for the alien parent and/or any disqualified siblings who do not meet the citizenship and alienage requirement, refer to OKDHS Appendix C-1 (.pdf, 8 pp, 202 KB), Schedule IX.
17. A supplement is issued for the next month, if compliance occurs after deadline.
18. Refer to OAC 340:65-3-8 for review periods. The AFS worker enters closure code, "penalty and other income" (14A) on the FACS Financial Assistance tab.
19.The AFS worker initiates the 25% benefit reduction by checking the appropriate penalty block(s) on the FACS Household tab and entering a change action on the Financial Assistance tab for recalculation of the cash benefit. The computer updates the Food Stamp Penalty Income (FSPI) screen.
(1) When the program violation ends, the AFS worker must update FACS, Household tab, to remove the penalty and make a change to the FACS Financial Assistance tab for recalculation of the cash benefit.
(2) The AFS worker must also enter an end date on the Food Stamp Penalty Update (FSPU) screen.
(3) When the TANF benefit closes and there is a program violation coded, the AFS worker must update FACS, Household tab, by removing the penalty and the FSPU screen with an end date.
20. The 25% penalty only applies if the applicant or recipient is the natural or adoptive parent of the child(ren).
(1) The 25% penalty applies to adult only cases when the child(ren) is receiving State Supplemental Payment (SSP) and/or SSI.
(2) If the adult is receiving SSP and/or SSI, and fails to cooperate with Oklahoma Child Support Services (OCSS), the 25% penalty is coded on the child(ren) in the TANF benefit.
21. Refer to OAC 340:10-12-1, 340:65-3-1(f), 340:65-3-4, 340:50-5-68, and 317:35-5-27 for more information about Social Security numbers.
22. Refer to OAC 340:10-3-56(a)(2)(B)(ii) for information about whose needs may be included in the TANF benefit.
23. (a) The AFS worker is notified by the Child Welfare (CW) worker within five working days from the filing of the petition to remove the child(ren) from the home.
(1) The child(ren) is removed from the TANF benefit.
(A) It is the responsibility of the AFS worker to determine if the adult(s) meets continuing eligibility requirements.
(B) If not met, the appropriate case action is taken.
(2) When the CW worker informs the FSS worker the child(ren) has been placed in another relative's home and TANF benefits are requested by this relative for the child(ren) only, the needy caretaker relative or the natural or adoptive parent, when eligible, is approved for continuing adult only TANF benefits.
(b) When the adult(s) is determined eligible:
1) the FACS TANF Work tab is updated to reflect "TANF pending reunification" in the Payee/Spouse Grant Indicator field;
(2) the expected date of return is updated by using the FF transaction for PS2 block B80;
(3) food benefits are recalculated using the adult only benefit amount; and
(4) the adult(s) continues eligible for medical benefits.
(c) When the child(ren) is returned to the home the:
(1) date entered in PS2 block B80 is deleted;
(2) Payee/Spouse Grant Indicator field on the FACS TANF Work tab is updated to "Parent or Caretaker relative included in benefit" and is a required TANF Work participant; and
(3) child(ren) is added back to the TANF benefit, if the family continues to meet eligibility criteria.
24. The team must meet within 15 working days of the filing of the petition. At a minimum, the team consists of the AFS worker, CW worker, and the natural or adoptive parent or needy caretaker relative. The plan of action agreed upon must be documented in FACS Case Notes.
25. Any time during the four-month period that it is evident the natural or adoptive parent or needy caretaker relative is not complying with the plan of action, the AFS worker notifies the CW worker and terminates the TANF adult only benefits. If the CW plan changes any time during the four-month period to other than reunification, the AFS worker is notified and the TANF adult only benefits are terminated.
26. A County Worker Activity (CWA) Report 80 notifies the AFS worker during the third month for action to be taken. It is the responsibility of the FSS worker to take appropriate timely action. If no action is taken by regular roll of the fourth month, the case continues to appear on the CWA Report. The AFS worker must document in FACS Case Notes the decision to not return the child(ren) to the home. The AFS worker explains other available support services and OKDHS programs to the natural or adoptive parent or the needy caretaker relative and documents any referrals in FACS Case Notes.