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340:40-7-1. Categories of eligibility

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Revised 10-1-09

A person may be predetermined eligible for a child care benefit, determined income eligible based on the gross income of the household, or have dual eligibility with his or her tribe.

(1) Predetermined eligible. A person is predetermined eligible for a child care benefit with a zero co-payment when he or she is a recipient of public assistance or Supplemental Security Income (SSI). Public assistance is defined as a State Supplemental Payment, Temporary Assistance for Needy Families (TANF) that includes Supported Permanency or Refugee Resettlement Program (RRP) cash assistance. • 1

(A) All TANF recipients who work and are eligible for a child care benefit can choose to receive a child care benefit through the Oklahoma Department of Human Services (OKDHS) while they work or choose to pay for the child care themselves. If they choose to pay for the child care cost themselves, it can be considered as an earned income exemption for the TANF benefit. • 2
(B) Exceptions to a person being eligible with a zero co-payment when he or she receives public assistance or SSI include when:

(i) the recipient is a child and the parent or guardian requesting the benefit for the child is not the payee on the public assistance or SSI payment; or • 3
(ii) it makes a difference in whether other children in the household are income eligible for child care. • 4

(2) Income eligible. Households who are not predetermined eligible for a child care benefit must meet income eligibility guidelines shown on OKDHS Appendix C-4, Child Care Eligibility/Co-payment Chart, for their household size, to receive assistance with child care costs. • 5
(3) Transitional child care. Per Section 230.61 of Title 56 of the Oklahoma Statutes, a TANF recipient who becomes employed is eligible for transitional child care benefits for 24 months following the date of employment as long as he or she meets income eligibility guidelines on OKDHS Appendix C-4 for his or her household size unless the:

(A) employer provides child care benefits; or
(B) monthly salary received from the employer exceeds the monthly allowance of assistance pursuant to the TANF program plus the cost of child care and medical insurance to which the recipient would be entitled. • 6

(4) TANF families in the Work Supplementation Program. TANF families in the Work Supplementation Program are considered income eligible families and must meet income eligibility guidelines shown on OKDHS Appendix C-4 for their household size, to receive assistance with child care costs. • 7
(5) Dual eligibility. A person may have dual eligibility for both the Child Care Subsidy Program through OKDHS and through his or her tribe. The child care provider may not receive payment for the same service from both programs simultaneously. • 8

INSTRUCTIONS TO STAFF 340:40-7-1

Revised 10-1-09

1. (a) Supplemental Security Income (SSI) is a means tested program administered by the Social Security Administration.

(b) When the child is predetermined eligible, he or she meets income eligibility requirements. The child must also meet all other conditions of eligibility defined in this Subchapter before subsidized child care is approved.

(c) Refer to OAC 340:10-22-1 for information about the Supported Permanency Program, OAC 340:15 for information about the State Supplemental Payment, and OAC 340:60 for information about the Refugee Resettlement Program.

(d) Enter information regarding eligibility in the Family Assistance/Client Services (FACS) Interview Notebook under the Household and Income tabs.

2. (a) The worker informs the client of the right to choose child care either as a Temporary Assistance for Needy Families (TANF) deduction or as a child care benefit.

(1) The worker explains to the client if he or she chooses to change from receiving subsidized child care to child care as an earned income exemption, the client must actually pay the child care expense out‑of‑pocket for one month.

(2) If the choice is to terminate subsidized child care and begin child care as an earned income exemption, the closure of subsidized care must meet notification requirements listed in OAC 340:40-9.

(b) A TANF recipient is never approved for Child Care and Development Fund subsidized child care and have child care considered as an earned income exemption during the same month. When a recipient is discovered to have received both kinds of child care during the same month for the same child, overpayment procedures in OAC 340:40-15 are followed.

3. If someone other than the parent or guardian who is receiving the TANF benefit for the child or who is the payee for the child's SSI payment requests child care for the child, as is the case in some joint custody households, the child is not predetermined eligible for a zero co-payment in that household. The child's eligibility for the child care benefit is based on the countable income in the other household.

4. For example, household income can be $2,425 if the client is approved for two children in care. Household income for one child in care is $1,950. If the client has one child receiving SSI and one child who is not and the household income is $2,400, it is better for the client to be approved for both children in the same case with a family share co-payment than to receive a zero co‑payment for the child receiving SSI and to not be eligible for the other child. If this situation occurs and the family has more than one child receiving SSI, all children must be included on the same case. The family cannot choose to put one of the children on the case with the co-payment and the others on their own cases with zero co-payments.

5. See Oklahoma Department of Human Services (OKDHS) Appendix C-4, Child Care Eligibility/Co-payment Chart, for income eligibility guidelines and OAC 340:40-7-11 for types of income considered. Document income eligibility in the FACS Interview Notebook under the Household and Income tabs.

6. A former TANF recipient must still meet the income guidelines listed on OKDHS Appendix C-4 to receive a child care benefit. The TANF worker is required to advise the client of his or her potential eligibility for a child care benefit and to document the offer in the case narrative or in FACS Case Notes. When it is determined the client does not meet the eligibility guidelines for subsidized child care, the worker provides resources and referral information. If child care is not needed, the narrative also reflects what alternative to subsidized child care is utilized. The worker provides all families who receive earned income information about the Earned Income Credit and the Child Tax Credit and how to apply for these credits.

7. See OKDHS Appendix C-4 for income eligibility guidelines and OAC 340:40-7-11 for types of income considered. This is the only group of active TANF recipient families who are expected to help pay for subsidized child care. It is essential the worker counsel with families who must make family share co‑payments to ensure they understand how much they must pay. Realistically, these families are a step closer to the goal of assuming the total cost of child care. While working with families, the worker includes this goal as part of the overall service plan.

8. If there is a tribal child care program in the county for which the client might qualify, the worker asks the client if he or she is receiving subsidized child care from this program. If the client chooses to receive OKDHS subsidized child care, the same rules governing other clients apply to this client as well. The child care provider may not file a claim with both OKDHS and the tribe.

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