Revised 11-1-09

1.   When a person is required to be included in two or more assistance units in the same household, the assistance units must be combined, and the case records consolidated.

2.   (a) A child(ren) in common may not be included when deprivation cannot be established for the child(ren) because neither the natural or adoptive parent is disabled or incapacitated and neither parent can meet a work history requirement.  In this situation, it is a stepparent case with only the adult and his or her child(ren) by a prior relationship included in the assistance unit.

(b) A child(ren) of the proper degree of relationship to the adult in the home who is not a blood-related sibling to the child(ren) in the assistance unit remains in his or her own case if one exists or a new application is taken.  Refer to OAC 340:10-3-59(b).

(c) A blood-related minor sibling that receives Supplemental Security Income (SSI) or an ineligible alien blood-related sibling may not be included in the Temporary Assistance for Needy Families (TANF) benefit.

3.   This provision applies to active TANF benefits only.  Refer to OAC 340:10-3-57(i) for more information about impending reunification.  Impending reunification is the anticipated return of the child(ren) to the home within four months.

4.   (a) In accordance with OAC 340:10-1-4 a client is restricted to a lifetime limit of 60 months of TANF unless a hardship extension is approved.  In accordance with OAC 340:10-7-1, when a person applying for TANF reports moving to Oklahoma from another state, the worker must contact that state to determine concurrent receipt of TANF and the number of months of TANF received in that state.  Form 08TA005E, Out-of-State TANF Benefits, can be used to verify the number of months of out-of-state TANF receipt. Flowchart 1 (.pdf, 2 pp, 23 KB)

(1) When a person applying for TANF has received 60 months or more of TANF benefits, whether in Oklahoma or out-of-state, the worker discusses Part I of Form 08TW024E, Extension Request for Temporary Assistance for Needy Families (TANF), with the applicant along with other factors of eligibility during a face-to-face interview.

(2) When the client meets all other factors of eligibility and requests a hardship extension, the worker and applicant complete and sign Part I of Form 08TW024E at the face-to-face interview.  No action is taken on the application until a decision is made regarding the extension request.

(A) The worker gathers information to determine whether the applicant meets hardship criteria shown on Form 08TW024E and verification of the number of months of previous TANF receipt.

(B) When additional documentation is needed to support the hardship request, the worker gives the applicant Form 08AD092E, Client Contact and Information Request, requesting needed documentation.

(C) The worker documents the interview and reasons why a hardship extension is requested in Family Assistance/Client Services (FACS) Case Notes.

(D) The worker sends Form 08TW024E to the Family Support Services Division (FSSD) TANF Section, along with the case record and all supporting documentation received, to request a hardship extension decision.  It is the responsibility of the worker to ensure all assessments, diagnostic tests, and verifications are documented in the case record prior to sending it to FSSD TANF Section.  When the months and years of out-of-state TANF receipt are verified after the other case information has already been sent, the worker faxes this information to the FSSD TANF Section or e-mails it to TANF@OKDHS.org.

(E) The FSSD TANF Section staff reviews all documentation provided, completes Part II of Form 08TW024E showing whether the hardship extension request was approved or disapproved, and returns the case record and all documentation to the worker.

(i) If the request is approved, Form 08TW024E shows when the extension request must be reviewed.  The worker enters an ET&E authorization in FACS using the appropriate TANF Work extension component to designate the reason for the extension and enters the review date shown on Form 08TW024E.  If the approval is based on an agreement for the client to participate in a work activity, the worker must open an appropriate authorization for that activity to track hours of participation and to pay the client a participation allowance.

(ii) If the request is disapproved, the worker denies the application using code 29A "TANF extension not approved - receipt of TANF benefits for 60 months."

(3) When the applicant marks on Form 08TW024E that an extension is not requested, the worker submits Form 08TW024E to the FSSD TANF Section and denies the application using code 29 "TANF extension not requested – receipt of TANF benefits for 60 months."  FSSD TANF Section staff reviews Form 08TW024E and returns it to the worker with Part II completed showing that no request for an extension was received.

(b) When the TANF benefit is active and the client is approaching the 60 month time limit, the system sends an automatic notice in the 57th month of benefit receipt.  The notice advises the client to contact the worker as benefits are ending soon.  The worker's CWA Report 57 lists all cases where TANF clients are within 90 calendar days of the 60 month time limit.  When a case appears on the worker's CWA, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request a hardship extension request. Flowchart 2 (.pdf, 2 pp, 22 KB)

(1) When the client participates in a face-to-face interview and requests an extension, the worker follows the same procedures outlined in (a)(2) of this Instruction.  The TANF benefit remains active until a decision is made by the FSSD TANF Section.

(2) When the client fails to respond to the interview request or marks on Form 08TW024E that an extension request is not requested, the worker closes the TANF benefit for the next effective date and follows the same procedures outlined in (a)(3) of this Instruction.  If the client requests a fair hearing during the ten-day period following the issuance of the adverse notice, the benefit can remain open until a decision is made by the Appeals Unit.  Refer to OAC 340:65-5-1.

(A) When the client requests TANF within 30 calendar days from the effective date of closure, the worker and client complete and sign Part I of Form 08TW024E at a face-to-face interview.  The worker follows the same procedures outlined in (a)(2) of this Instruction.

(B) The date of the client's signature on Form 08TW024E is used as the application date of the hardship extension request.  No action is taken on the hardship extension request until a decision is reached by the FSSD TANF Section.

(i) If the hardship request is approved, the worker reopens the TANF benefit using the appropriate administrative reopening code.

(ii) If the hardship extension request is disapproved, the worker denies the TANF request using code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(3) When the client requests an extension and it is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(4) When the hardship extension is requested and disapproved or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.  The worker makes a home visit to determine the family's circumstances and offers any appropriate services.  The worker documents the interview and current family circumstances in FACS Case Notes.

(c) When the FSSD TANF Section approves the hardship extension request and the reason for the extension changes during the extension period, the worker and client complete and sign a new Part I of Form 08TW024E.  The worker sends the extension request with supporting documentation and the active case record to the FSSD TANF Section for a decision.  Flowchart 3 (.pdf, 2 pp, 24 KB)

(1) If the new request is approved, the worker closes the ET&E authorization with the previously approved TANF Work extension component and enters a new ET&E authorization with the new TANF Work extension component and the new review date.

(2) If the new request is disapproved, the worker closes the TANF benefit for the next effective date using reason code 29A "TANF extension not approved – receipt of TANF benefits for 60 months."

(d) When the client's hardship extension approval time frame is completed, the worker makes a home visit or sends the client Form 08AD092E requesting a face-to-face interview to discuss whether the client wishes to request an additional hardship extension. Flowchart 4 (.pdf, 2 pp, 22 KB)

(1) If the client requests an additional extension, the worker and client complete and sign Part I of Form 08TW025E, Extension Review/Disposition.  The worker gives Form 08AD092E to the client when additional supporting documentation is needed.  The worker sends Form 08TW025E, any supporting documentation, and the active case record to the FSSD TANF Section for a decision.  FSSD TANF staff reviews the request and completes Part II of Form 08TW025E approving or disapproving the request and sends back to the worker this form and all information submitted.

(A) If the continued extension is approved, the worker updates the ET&E authorization to show the new review date for the TANF Work extension component and makes updates as needed to any open ET&E authorizations to track hours of participation.

(B) If the extension request is disapproved, the worker closes the TANF benefit for the next effective date using the code 29C "receipt of 60 months of TANF.  Extension time frame completed."

(2) When the client fails to respond to the interview request or marks on Form 08TW025E that a continued extension request is not requested, the worker closes the TANF benefit for the next effective date using code 29C "receipt of 60 months of TANF.  Extension time frame completed."

(3) When a hardship extension was requested and disapproved or the client did not request an extension, the client's case appears on the worker's CWA Report 70 30 calendar days from the effective date of the closure.  The worker makes a home visit to determine the family's circumstances and offers any appropriate services.  The worker documents the interview and current family circumstances in FACS Case Notes.

(e) When a hardship extension request is approved and the client fails, without good cause as described at OAC 340:10-2-2, to follow through with the employment plan as authorized by the extension approval, the worker closes the TANF benefit for the next effective month using code 29B "TANF extension – failed or refused to meet TANF work requirements" and notifies the FSSD TANF Section by e-mail.

(1) When there has been no contact with the person within 30 calendar days after the effective date of closure, the worker makes a home visit to determine the family's circumstances and offers appropriate services.

(2) Persons who agree to participate within 60 calendar days of the date of the benefit termination may have their benefit recertified on reconsideration of the administrative action.  The effective date of the recertification is dependent upon the successful participation of the person in an assigned work activity and the circumstances of the case.  The FACS Case Notes and Form 08TW002E, TANF Work/Personal Responsibility Agreement, Section 7, must document any requirement placed on the person prior to the recertification of the case.

(3) If the review of the hardship extension falls during the 60 calendar day time frame and the TANF benefit is reopened, a new Form 08TW025E must be completed and signed by the worker and client at the face-to-face interview.  Form 08AD092E is given to the client when additional supporting documentation is needed.  The worker sends the request with supporting documentation to the FSSD TANF Section for a decision.

(4) If the review of the hardship extension is due after this 60 calendar day time frame and the TANF benefit is reopened, the original review time frame and procedures are followed.  Refer to OAC 340:10-2-2 Instructions to Staff (ITS) 5(2) for consideration of Food Stamp Penalty Income (FSPI) and ITS 6 for good cause reasons.

(f) When the client requests TANF more than 30 calendar days from the effective date of closure and the closure was for a reason other than reaching 60 months or closes after being approved for a hardship extension and does not meet the situation described in (e) of this Instruction, a new application and Form 08TW024E are completed and signed by the worker and client at the face-to-face interview.  The worker follows the same procedures outlined in (a)(2) of this Instruction.

(g) When the worker closes the TANF benefit on failure to cooperate with TANF Work between the 57th and 60th calendar month of receipt of TANF benefits and the client requests to have the TANF benefit reopened, in addition to updating Form 08TW002E the worker and client complete and sign Part I of Form 08TW024E at the face-to-face interview.  The worker follows the same procedures at (a)(2) of this Instruction.  FSSD TANF staff wait to make a decision on this request until benefits are reopened.

(h) When the client has received 60 months of TANF benefits and benefits closed due to failure to cooperate with TANF Work (52A) rather than 29A "TANF extension not approved – receipt of TANF benefits for 60 months," and the client requests an extension within 60 calendar days of closure, a new application form is not required.  Part I of Form 08TW024E and Form 08TW002E are completed and signed by worker and client at face-to-face interview.  The worker follows the same procedures at (a)(2).  The TANF benefit remains closed until the client is cooperating in a new TANF Work plan and the hardship extension approval is received by worker.

5.   Barriers can include, but are not limited to, learning disabilities, physical limitations, which can include a high risk pregnancy or late term pregnancy, or mental disorders observed by the Oklahoma Department of Human Services (OKDHS) staff or other community partners.  Medical records are not required to document the observed mental disorder.

6.   Examples of merit are when the participant has obtained legal representation for his or her SSI or Social Security disability application or a determination has been made by the Disability Advocacy Program (DAP).  See OAC 340:10-2-8(c)(6).  Another example is when the Department of Rehabilitation Services has denied services to a participant because employment is unlikely.

7.   The decision by the Social Security Administration Appeals Council to send the request back to the Administrative Law Judge is not an unfavorable decision.

8.   The spouse or child(ren) does not have to be receiving disability benefits, however due to physical or mental impairment he or she cannot provide self-care.

9.   The mental disorders at Part 404, Subpart P, Appendix 1, of Title 20 of the Code of Federal Regulations are:

(1) Section 12.03 - schizophrenia, paranoia, and other psychotic disorders;

(2) Section 12.04 - depression, manic disorder, or bipolar disorder;

(3) Section 12.06 - anxiety disorder, including post-traumatic stress disorder;

(4) Section 12.07 - somatoform disorder; and

(5) Section 12.08 - personality disorders.

10. If the required nine hours or more per week of treatment is not available in the community, the participant continues eligible until the appropriate services are provided.

11. When a recipient is approved for SSI, the removal date is the next effective date.  If the initial SSI payment is received prior to the removal date, no overpayment exists.

12. Refer to OAC 340:10-15-1 regarding alien status.  See OAC 340:10-3-57(f)(2) regarding calculation of income.

13. Refer to OAC 340:10-3-57(d).

14. Refer to OAC 340:65-1-2(b)(3)(B).

15. Refer to OAC 340:10-1-4, 340:10-3-56(a)(2)(F) and ITS 5.

16. The worker is responsible for working with the parent or needy caretaker who is temporarily absent from the home to ensure the child(ren) receives the benefits for which he or she is eligible.  If the parent or needy caretaker refuses or fails to make the benefit available, the TANF benefit is terminated.

17. See OAC 340:50-5-2 for food benefit rules.