OKDHS - OAC 340:10-3-39. Income other than earned income

340:10-3-39. Income other than earned income

Back

|

Next

Revised 6-1-11

(a) Capital investments. Proceeds from interest or dividends from capital investments, that include savings accounts, bonds, other than United States (U.S.) Savings Bonds, notes, and mortgages received subsequent to certification constitute income.

(b) Real property held as a resource. If the individual has income from property held as a resource, only the income after deducting the actual business expense is considered.

(c) Life estate and homestead rights. For income from life estate and homestead rights, refer to OAC 340:10-3-4(d).

(d) Minerals. If the individual owns minerals, but not the surface rights, only actual income from minerals, delayed rentals, and production is considered. • 1 Evidence is obtained from documents which the individual has in hand. When the individual has no documentary evidence of the amount of income, the evidence is secured from the firm or person who is making the payment.

(e) Home produce. Any home produce from garden, livestock, and poultry utilized by the individual and his or her household for their consumption represents resourcefulness on the part of the individual in improving his or her situation, and is not considered in determining the amount of benefit.

(f) Contributions. Appreciable contributions recurrently received in cash are considered income except when the contribution is not made directly to the recipient.

• 2

(g) Child support. Oklahoma Child Support Services (OCSS) may send the client child support in excess of the monthly court ordered amount. When the client receives this excess amount, it is considered as unearned income. When the TANF payee is a minor parent and lives with an adult relative who receives child support for the minor parent, the child support is considered as income for the minor parent. • 3

(h) Retirement, disability, and unemployment benefits. Income received monthly from annuities, pensions, retirement, veterans' or disability benefits, workers' or unemployment compensation, survivors' or Social Security benefits are considered unearned income. • 4 Information as to present receipt and amount of current benefits is obtained from the individual's award letter or benefit verification statement, by viewing the warrant, or by use of the data exchange files. • 5 Retirement benefits received as a lump sum payment at termination of employment are considered a resource. Supplemental Security Income (SSI) does not fall under these types of benefits. • 6

(i) Military benefits. Life insurance, pensions, compensation, servicemen dependents' allowances, and similar benefits, are sources of income which the individual and dependents may be eligible to receive. In each case, information is obtained concerning the military service of the individual's son, daughter, spouse, or parent. Clearance is made with the proper veterans' agencies, both state and federal, to determine whether the benefits are available.

(j) Income from any agency or organization. Financial aid provided to individuals by agencies or organizations which base their payment on financial need is not considered in determining the amount of the benefit provided duplication does not exist between such other assistance and that provided by the Oklahoma Department of Human Services (OKDHS). Financial aid given by other agencies or organizations does not constitute duplication if the financial aid is given:

(1) for a different purpose than that provided by OKDHS;
(2) for goods and services that are not included in the Temporary Assistance for Needy Families (TANF) need standard; or • 7
(3) in an amount sufficient to make it possible for the individual to have the amount of money as determined by the TANF need standard. In this instance, the non-duplicated amount is the difference between the monthly payment standard and the monthly need standard. Any amount of financial aid that exceeds that difference is considered as unearned income.

(k) Income from Vocational Rehabilitation Program through Department of Rehabilitation Services. Assistance or services received by a TANF recipient from the Department of Rehabilitation Services which are allocated to items not covered in the TANF standards, are disregarded in determining the amount of the assistance payments. Examples of assistance or services are car fare to a rehabilitation center, extra clothing, lunches, grooming needed for a training program, and any other such complementary payments.

(l) Casual and inconsequential gifts. Monetary gifts which do not realistically represent income to meet living expenses, for example, Christmas, graduation, and birthday gifts, not to exceed $30 per calendar quarter for each individual, are disregarded as income.

(1) The amount of the gifts is disregarded as received during the quarter until the aggregate amount has reached $30. At that time the portion exceeding $30 is counted as lump sum income.
(2) If the amount of a single gift exceeds $30, it is not inconsequential and the total amount is counted as income.
(3) If the recipient claims that the gift is intended for more than one person in the assistance unit, it can be divided among these persons. Gifts between members of the assistance unit are not counted. • 8

(m) Grants. Grants which are not based on financial need are considered income to the extent the grant is available for current maintenance. • 9

(1) Any portion of the grant that is expended, designated, or intended for items not included in current maintenance is excluded.
(2) Any remaining portion of a grant excluded as not for current maintenance must have detailed case documentation to justify the exclusion.
(3) The countable amount of a grant received for a period covering more than one month is prorated over the period it is intended to cover.

(n) Funds held in trust by Bureau of Indian Affairs (BIA). BIA frequently puts an individual's trust funds in an Individual Indian Money (IIM) account. To determine the availability of funds held in trust in an IIM account, the worker must contact BIA in writing and ascertain if the funds, in total or any portion, are available to the individual. • 10 If any portion of the funds is disbursed to the individual client, guardian, or conservator, such funds are considered as available income. If BIA determines the funds are not available, they are not considered in determining eligibility. Funds held in trust by BIA and not disbursed are considered unavailable. • 11

(1) When BIA determines the account is unavailable and releases a certain amount of funds each month to the individual, the monthly disbursement is considered as unearned income.
(2) When BIA has stated the account is unavailable and the account does not have a monthly disbursement plan, but a review reveals a recent history of disbursements to the individual, guardian, or conservator, these disbursements must be resolved with BIA. These disbursements indicate all or a portion of the account may be available to the individual, guardian, or conservator. When the worker is unable to resolve the situation with BIA, the worker submits a referral to the Family Support Services Division (FSSD). • 12 When a referral is sent to FSSD, the funds are considered as unavailable with a legal impediment until the worker is notified otherwise.
(3) When disbursements have been made, a determination is made whether such disbursements were made to the individual or to a third party vendor in payment for goods or services. Payments made directly from BIA to vendors are not considered as income to the individual. Services rendered and payment made by BIA is documented.
(4) Amounts disbursed directly to the individual are counted as non-recurring lump sum payments in the month received. Some trusts generate income on a regular basis and the income is sent to the beneficiary. In those instances, the income is treated as unearned income in the month received.

INSTRUCTIONS TO STAFF 340:10-3-39

Revised 6-1-11

1.  Refer to OAC 340:10-3-4(b).

2.  Refer to OAC 340:10-3-39(l).

3.  In this instance, the worker codes the child support as a contribution and it continues to count as income after certification. Refer to OAC 340:10-3-57(e)(4) when the minor parent lives with his or her parent and 340:10-10-7 for information about how child support is considered after certification.

4.  The cash value of pension plans or funds described in Section 4104 of the Food, Conservation, and Energy Act of 2008 (Public Law (P.L. 110-234) is excluded. The list of excluded retirement saving and pension plans are:

(1) 457 of the Internal Revenue Code plans, which are plans for state and local governments and other tax-exempt organizations;

(2) Section 401(a) of the Internal Revenue Code plans including:

(A) 401(k) plans, which are generally a cash or deferred arrangement and generally limited to profit-making firms;

(B) SIMPLE 401(k) plans which are available only to small businesses;

(C) Profit Sharing Plans;

(D) Cash Balance Plans;

(E) pension or traditional defined-benefit plans; and

(F) Keogh plans;

(3) Federal Employee Thrift Savings plan;

(4) Section 403(b) of the Internal Revenue Code plans, which are tax-sheltered annuities provided for employees of tax exempt organizations and state and local educational organizations;

(5) Section 501(c)(18) of the Internal Revenue Code plans, which are retirement plans for union members consisting of employee contributions to certain trusts that must have been established before June 1959;

(6) Section 408 and 408(A) of the Internal Revenue Code plans including:

(A) Individual Retirement Accounts (IRAs);

(B) SIMPLE IRAs;

(C) Roth IRAs; and

(D) Simplified Employer Plans (SEPs).

5.  Refer to 340:65-3-4.

6.  Refer to OAC 340:10-3-57(b) for information concerning concurrent receipt of Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI).

7.  (a) Refer to OAC 340:10-1-3(10).

(b) For instance, a private agency may provide money for special training for a child or a Housing and Urban Development payment may be provided to cover moving expenses that are not included in the Oklahoma Department of Human Services (OKDHS) assistance standard.

8.   Refer to OAC 340:10-3-56.

9.   Refer to OAC 340:10-1-3(10).

10.At each reapplication or review, the Bureau of Indian Affairs (BIA) is contacted to obtain information regarding any changes as to the availability of the funds and any information regarding modifications to the Individual Indian Money (IIM) account. Information regarding prior disbursements is also obtained at this time.

11. Refer to OAC 340:10-3-40(26) and 340:10-3-40(27).

12.The referral must include specific details of the situation, including the worker's efforts to resolve the situation with BIA. If Family Support Services Division (FSSD) cannot make a determination, a legal decision regarding availability is obtained by FSSD and forwarded to the human services center.

Back

|

Next