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OKDHS Home > Library > Policy > OAC 340 > Chapter 10. Temporary Assistance for Needy Families (TANF) > 3. Conditions of Eligibility - Need > 2. General provisions regarding resources
340:10-3-2. General provisions regarding resources
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Revised 5-1-04


(a) Every time eligibility is determined, each capital resource is evaluated.  The maximum allowable resource amount is $1000 for a family to be eligible to receive Temporary Assistance for Needy Families (TANF).

(b) In establishing eligibility and who is included in the TANF assistance unit, only those resources which the applicant owns, wholly or in part, are considered.  If an adult or child is receiving Supplemental Security Income (SSI), his or her resources are not considered in determining eligibility for TANF.  •1

(c) Capital resources are evaluated on a monthly basis in determining eligibility for TANF.  An applicant is determined ineligible for any month that resources exceed the resource standard at any time during that month.  When a recipient has resources which exceed the resource standard, the TANF cash assistance is terminated the next possible effective date.

(d) The recipient may change the form of capital resources from time to time as long as the resources are not in excess of the maximum resource standard.  •2

(e) In determining eligibility based on resources, only those resources available for current use or those which the client can convert for current use with no legal impediment involved are considered as countable resources.  •3 

A resource is considered available when actually available and when the client has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.  Under this provision, a resource is considered available if the client has the legal ability to convert the resource to cash for his or her own use.  Legal ability is explained in (f) of this Section.

(f) Generally, a resource is considered unavailable if there is a legal impediment to overcome.  However, the client must agree to pursue all reasonable steps to overcome the impediment and is responsible for taking necessary steps to initiate legal action within 30 calendar days.  While the legal action is in process, the resource is considered unavailable.  If a determination is made and documented that the cost of making a resource available exceeds the gain, the client is not required to pursue action to make it available.  •4

 

INSTRUCTIONS TO STAFF 340:10-3-2

1.  See OAC 340:10-3-57(c).

2. See Oklahoma Department of Human Services (OKDHS) Appendix C-1, Schedule of Maximum Income, Resource and Payment Standards.

3.  Examples of legal impediments include, but are not limited to, clearing an estate, probate, partition to sell, or appointment of a legal guardian.

4.   Determinations of available and unavailable resources must be documented in the case record.
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Last Updated:  10/17/2011
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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