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317:35-7-37. Financial eligibility of individuals categorically related to AFDC, pregnancy-related services or Family Planning Waiver Program
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Revised 04-1-05


(a) AFDC and/or pregnancy-related services.

  • (1) In determining financial eligibility for an individual related to AFDC or pregnancy-related services, the income of the following persons (if living together or if living apart as long as there has been no break in the family relationship) are considered.  These persons include:
    • (A) the individual
    • (B) the spouse of the individual
    • (C) the biological or adoptive parent(s) of the individual who is a minor dependentchild. Income of the stepparent of the minor dependent child is determined according to OAC 35-10-26(a)(8)
    • (D) minor dependent children of the individual if the children are being included in the case for Medicaid.  If the individual is 19 years or older and not pregnant, at least one minor dependent child must be living in the home and included in the case for the individual to be categorically related to AFDC
    • (E) blood related siblings, of the individual who is a minor child, if they are included in the case for Medicaid;
    • (F) a caretaker relative and spouse (if any) and minor dependent children when the caretaker relative is to be included for coverage.
  • (2) The family has the option to exclude minor dependent children or blood related siblings OAC 317:35-7-37(1)(D) and (E)] and their income from the eligibility process.  However, for the adult to be eligible, at least one minor child and his/her income [see OAC 317:35-7-37(a)(4)] must be included in the case.  The worker has the responsibility to inform the family of the most advantageous consideration in regard to coverage and income. When determining financial eligibility for an individual related to AFDC or pregnancy-related services, consideration is not given to income of any person who is aged, blind or disabled and is determined to be categorically needy.
  • (3) An individual categorized as aged, blind, or disabled who is not an SSI recipient has an option to be categorically related to either AFDC or ABD.  The individual may be included in the AFDC related benefit group pending determination of eligibility for ABD or SSI if all eligibility requirements are met. •1
  • (4) An individual who receives SSI cannot be included in the AFDC related benefit group.  When the only dependent child is receiving SSI, the natural or adoptive parent(s) or caretaker relative may be related to AFDC if all other factors of eligibility are met.  The benefit group will consist of the adult(s) only.  Applicants and recipients are informed of their responsibility to report to the OKDHS if any member of the benefit group makes application for SSI or becomes eligible for SSI.

(b) Family Planning Waiver Program.  In determining financial eligibility for the FPW program the income of the individual and spouse (if any) is considered.  The individual has the option to include or exclude minor dependent children and their income in the eligibility process.  The worker has the responsibility to inform the individual of the most advantageous consideration in regard to coverage and income.

INSTRUCTIONS TO STAFF 317:35-7-37

1.    The worker is responsible for explaining the benefits of both programs but the recipient is responsible for choosing the program that is most beneficial in meeting the individual's needs.



Last Updated:  10/25/2008
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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