(a) Benefits. Social Security Administration (SSA) benefits are based on the child's wage earner's work record and are paid due to the death, retirement, or disability of the wage earner. Entitlement to Veterans Affairs (VA) benefits may be due to a service connected or nonservice connected military record of a deceased, disabled, or retired parent.
(b) OKDHS as payee for a child's benefits. When a child who receives or may be eligible to receive SSA or VA benefits, and for whom the Oklahoma Department of Human Services (OKDHS) is paying the full amount of the child's cost of care, is placed in OKDHS custody and out-of-home placement, Children and Family Services Division (CFSD) Administrative Services Unit (ASU) applies to become payee for these benefits.
(1) To ensure the application for and transfer of SSA or VA benefits, the:
(A) Child Welfare (CW) worker, within ten working days after the child's placement or when potential eligibility is recognized, completes and submits to ASU Form 04MP029E, Report of Social Security and Veterans Benefits for Children in Out-of-Home Placement, requesting an initial eligibility determination;
(B) assigned custody specialist, within ten working days after the child's placement, completes and submits to ASU Form 04MP029E, requesting the payee be changed to OKDHS; and
(C) CW worker, within ten working days, notifies ASU via e-mail when the:
(2) The youth who remains in school beyond age 18 to complete his or her high school education remains eligible for SSA and VA benefit payments until the youth turns age 19 or graduates if still in high school. If the youth is not competent to manage his or her money and pay for his or her cost of care, OKDHS remains the payee for benefits. The CW worker:
(A) submits Form SSA-1372
, Student Statement Regarding School Attendance, to SSA when SSA is the source of the benefits, attaches a statement of evidence that the youth is not able to manage money, and sends that information to CFSD ASU;
(B) assists the youth in applying for a Disabled Adult Child case with SSA; or
(C) if the youth does not wish to make the benefit payments available to OKDHS to defray the cost of care, explores with the youth alternatives to OKDHS paid care that are consistent with the goals of self-support and self-sufficiency.
(c) Placement provider as payee for a child's benefits. The kinship, paid, or non‑paid placement provider submits completed Form 04FC011E, Placement Agreement for Out-of-Home Care, to the local SSA office to apply as the eligible child's payee. The CW worker assists the placement provider complete the form.
(d) Beneficiary as payee for a child's benefits. The youth who remains in school beyond age 18 to complete his or her high school education remains eligible for SSA and VA payments until the youth turns age 19 or graduates if still in high school.
(1) If the youth is capable of managing money, the CW worker or placement provider:
(A) submits to the local SSA office Form SSA-1372
, Student Statement Regarding School Attendance;
(B) explains to the youth that the youth must pay the placement provider at the current rate;
(C) explores with the youth alternative placements that are consistent with the goals of self-support and self-sufficiency if the youth does not wish to pay the cost of care; and
(D) notifies the placement provider that OKDHS may pay a foster care payment reduced dollar for dollar based on the SSA benefit if the benefit is less than the foster care payment.
(2) If the youth is not capable of managing money and OKDHS is not paying the youth's full cost of care, the placement provider works with SSA to determine the payee for the youth's benefits.