(a) Solicitation of alms. Section 164 of Title 56 of the Oklahoma Statutes provides that a recipient of a State Supplemental Payment (SSP) for the blind shall not, during the period of receiving assistance, solicit alms. Soliciting alms means collecting donations for one's personal benefit, selling minor articles when selling is merely a subterfuge for collecting donations, and any similar activities. It does not include house-to-house sale of articles carried on as a regular established occupation. The client's statement regarding solicitation of alms is sufficient verification if there are no facts to the contrary.
(b) Minor child who is blind or disabled. In determining eligibility of a child who is blind or disabled, the income and resources of the parent(s) with whom the child is living are considered unless the parent(s) is included in a SSP or Temporary Assistance for Needy Families (TANF) application or benefit.
- (1) Deeming of income. Income of a natural or adoptive parent(s), or step-parent and own parent must be deemed to a minor blind or disabled child who is under age 18 when determining eligibility for a SSP. Income of an ineligible child is not deemed. The parent(s)' income is not deemed if an eligible child is residing in a nursing care facility.
- (2) Deeming of resources. For each child who is blind or disabled and under age 18 living with his or her parent(s) whose needs are not included in TANF benefit, or receiving Supplemental Security Income (SSI) and/or SSP, the parent(s)' resources which exceed the maximum amount allowable are deemed available to the child who is disabled. If there is more than one eligible child, the resource amount is prorated. If the minor child who is blind or disabled resides in a nursing care facility, the parent(s)' resources are not deemed to the child.
- (3) Exceptions. A child who has mental retardation lives in his or her parent(s)' home and is ineligible for SSP due to the deeming process may be approved for SoonerCare (Medicaid) benefits under the Home and Community-Based Waiver (HCBW) Services for the Mentally Retarded Program as outlined in OAC 317:35-9.
- (A) The child who is determined eligible under this provision by not deeming the parent(s)' income and resources is not eligible to receive a SSP.
- (B) When both parents are in the home and one parent is included in a SSP case and the spouse is included in a TANF benefit with the child, the resources of both parents are evaluated in relation to eligibility for SSI and/or SSP and are not considered on the TANF case.
- (C) All resources of the parent(s) are shown on the SSP case.
- (1) Age requirement for the aged. To be eligible for SSP for the aged, the individual must be 65 years of age or older as verified by the Social Security Administration, or by other sources of verification such as birth certificate, insurance policies, family records, or census records.
- (2) Age requirement for the blind. There is no age requirement for a SSP for the blind. The age of a child who is blind must be verified in order to establish the need for designating a parent or guardian as payee if the child is younger than 16. When a recipient of a SSP for the blind reaches age 65, he or she is transferred to the category for the aged.
- (3) Age requirement for the disabled. To be eligible for a SSP for the disabled, an applicant must be younger than 65. A parent or guardian must be designated as payee if a child who is disabled is younger than 16. When a recipient of a SSP for the disabled reaches age 65, he or she is transferred to the category for the aged.
(d) Fleeing felon. A fleeing felon is not eligible for a SSP. A fleeing felon is defined as a person who:
- (1) is fleeing to avoid prosecution, custody, or confinement, after conviction under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees;
- (2) is violating a condition of probation or parole imposed under federal or state law; or
- (3) has lost SSI benefits due to being a fleeing felon.
(e) Overpayments. A client may incur an overpayment in any SSP Program for any month in which he or she receives a SSP after SSI benefits are terminated. • 1 The worker documents and computes the overpayment amount which includes any premiums for Health Insurance Benefits (HIB) paid by the Oklahoma Health Care Authority (OHCA) on behalf of an ineligible client in accordance with rules at OAC 340:65-9.