(a) Food distribution programs (FDP) operated by Indian tribal organizations (ITO).  Several ITO operate FDP in the State of Oklahoma.  Households or any member of a household participating in a FDP are not eligible to participate in the Oklahoma Department of Human Services (OKDHS) Supplemental Nutrition Assistance Program (SNAP) the same month.  Households with at least one adult member of any Indian tribe, living within the boundaries of an ITO location either in a rural area or in a town with a population of less than 10,000, may elect to participate in the FDP.  A household may switch between the FDP and SNAP as long as there is no dual participation for any member for the same month.  To ensure that dual participation does not occur, monthly lists of recipients are exchanged between ITO and OKDHS.

• (1) The worker is responsible for checking the ITO listing if there are indications that an applicant could meet the criteria for FDP eligibility.  If the household is not on the listing, the worker makes a telephone inquiry to the appropriate ITO to verify the household has not been certified since the date of the last compiled list.  Closure of an FDP case must also be verified by a telephone call to or written notice from the FDP office before a household can be certified for food benefits.
• (2) The FDP office uses the OKDHS listing for the same verification procedure followed by a telephone call to the local human services center (HSC) to check on subsequent food benefit receipt.  The worker provides any information pertinent to participation in or eligibility for either program.
• (3) Dual receipt will result in a food benefit overpayment if the household was already receiving FDP benefits at the time of SNAP certification.

(b) Ineligible households.

• (1) Boarders.  Residents of a commercial boarding house and boarders as defined in OAC 340:50-5-5 are not eligible to participate in SNAP.
  • (A) A commercial boarding house is defined as an establishment which offers meals and lodging for compensation with the intention of making a profit.  The number of boarders residing in a boarding house cannot be used to determine if a boarding house is a commercial enterprise.
  • (B) Households containing a boarder or the proprietor of a commercial boarding house may participate in the program separate and apart from the boarders or residents of the boarding house if that household meets all the eligibility requirements for participation.
• (2) Residents of institutions.  Persons are considered residents of an institution when the institution provides them with over 50% of three meals daily as part of the institution's normal services.  Residents of institutions are not eligible for participation in the program unless they are:
  • (A) residents of federally subsidized houses for the elderly built either under Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act;
  • (B) persons addicted to drugs or alcohol, who for the purpose of participation in a drug addiction or alcoholic treatment and rehabilitation program, reside at a treatment center;  • 1
  • (C) residents of group homes who are considered blind or disabled in accordance with OAC 340:50-5-4.  Group home means a private or public non-profit residential setting that serves no more than 16 residents that is certified by the Oklahoma State Department of Health under regulations issued under Section 1616(e) of the Social Security Act;  • 2
  • (D) persons who do not receive their meals from the institution but prepare their own meals or are participating in a delivered meals program or a communal dining program are eligible for food benefits if they meet other eligibility requirements;
  • (E) women or women with their children who are temporarily residing in a shelter for battered women and children.  Shelter for battered women and children means a public or private non-profit residential facility that serves battered women and their children.  If such a facility also serves other persons, a portion of the facility must be set aside on a long term basis to serve only battered women and children;  • 3
  • (F) students who attend school away from home as long as they return home for at least part of each month; or  • 4
  • (G) residents of public or private non-profit shelters for homeless persons.  • 5