OKDHS - OAC 340:50-5-3. Persons who cannot be separate food benefit households

340:50-5-3. Persons who cannot be separate food benefit households

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Revised 6-1-11

Separate food benefit household status may not be granted to persons living together, as described in (1) through (4), even if they customarily purchase food and prepare meals for home consumption separate and apart from the others, except as otherwise specified in this section. Separate status may not be granted to:

(1) a spouse, ceremonial or common law, of a household member;
(2) children, 21 years of age and under, living with their natural or adoptive parent(s) or stepparent(s);
(3) children, 18 years of age and under who live with and are under the parental control of an adult who is someone other than their natural or adoptive parent(s) or stepparent(s). • 1

(A) Per Chapter 4 of Title 10 of the Oklahoma Statutes, a minor may be considered emancipated if the district court confers upon the minor the rights of majority.
(B) The worker considers the child to be under parental control for purposes of this provision when he or she is financially or otherwise dependent on a member of the household. • 2
(C) This provision does not apply to foster children or children placed in the home by the Developmental Disabilities Services Division (DDSD); or

(4) persons who live together and customarily purchase and prepare meals together except as described in OAC 340:50-5-1(5).

INSTRUCTIONS TO STAFF 340:50-5-3

Issued 08-1-11

1. Children 18 years of age or older can be a separate household in this instance.

2. (a) When the adult provides financial support for the child, the worker must also consider the relationship between the adult and child before determining that the adult exercises parental control over the child. For example, a 16 year old girl lives with her 19 year old boyfriend. There are no other adults in the home. Due to the nature of their relationship as a couple, there is no parental control. The 16 year old is acting as an adult and can be considered head of her own household.

(b) Otherwise dependent means the adult provides guidance and exercises responsibility for the child as a parent does. For example, a 17 year old boy lives with his aunt and she provides guidance and exercises responsibility for him. He cannot be considered a separate food benefit household even if she does not provide financial support.

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