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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:50-5-86. Persons exempt from work registration
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Revised 6-1-09

 

      Persons exempt from work registration include:

  • (1) Caretakers.  A caretaker is a parent or other household member responsible for the care of a dependent child under age six or an incapacitated person.  If the dependent child reaches age six within a certification period, the person responsible for the care of the child must comply with the appropriate work registration requirements as part of the next scheduled re-certification process unless he or she is otherwise exempt.
  • (2) Applicants for or recipients of unemployment compensation.
    • (A) A person who has applied for unemployment insurance benefits (UIB) is exempt from the requirement to register for work during the application process.  This is verified by seeing the work registration card.  Recipients of UIB are exempt from registration while receiving compensation.
    • (B) The household or individual household member is disqualified from participation in the Supplemental Nutrition Assistance Program (SNAP) for a period not to exceed two months if a household member is disqualified by the Oklahoma Employment Security Commission (OESC) for UIB for failure to:
      • (i) meet OESC employment assessment;
      • (ii) supply information to OESC for availability for work determination;
      • (iii) report for a job interview referred to by OESC; or
      • (iv) accept a suitable offer of employment when referred by OESC.
    • (C) Failure to comply with procedures described in OAC 340:50-5-88 apply to this exception.
  • (3) Physically or mentally incapacitated.  Persons who are physically or mentally incapable of gainful employment on a permanent or temporary basis and food benefit applicants participating in federal or state programs based on disability are considered exempt.  Other persons claiming exemption as unfit for employment must, in the absence of physical evidence, obtain documented evidence from medically qualified sources to substantiate a disability.  Persons claiming temporary disability are required to register when they become able to accept employment.
  • (4) Addicts and alcoholics.  A registered participant in a drug addiction or alcohol treatment and rehabilitative program, on a resident or non-resident basis is exempt.  This may be verified through organizations or institutions operating the program.
  • (5) Students.  A student is defined as a person enrolled at least half-time in any recognized school, training program, or institution of higher education.  Only students who meet the criteria in OAC 340:50-5-45 may participate in SNAP.  Students are exempt from work registration requirements and retain their student classification during school vacation or breaks providing the person plans to return to school the next term excluding summer school.  Persons who do not qualify as students include:
    • (A) persons not enrolled at least half-time or who experience a break in their enrollment status due to graduation, expulsion, suspension, or who drop-out, or do not intend to return to school; and  • 1
    • (B) persons enrolled in correspondence courses.
  • (6) Temporary Assistance for Needy Families (TANF) Work Program participants.  Information contained in the TANF case record documents whether a household member is registered for or participating in the TANF Work Program.  A household member disqualified from TANF because of TANF Work Program requirements is disqualified from participation in SNAP for a period not to exceed two months.  The household member must reside in the human services center (HSC) boundaries participating in SNAP Job Search and the TANF disqualification resulted from an activity parallel to SNAP Employment and Training (E&T) Program activities described in OAC 340:50-5-88.
  • (7) Employed persons.  Persons who are employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours are exempt.  Verification of the number of hours employed may be obtained from wage stubs, employers, or the verified hourly wage multiplied by 30.
    • (A) Persons engaged in hobbies, volunteer work, or other activities for which they receive little or no payment cannot be considered gainfully employed regardless of the amount of time spent in such activities.
    • (B) Migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 calendar days are exempt as employed persons.
  • (8) Self-employed persons.  Persons who are self-employed working a minimum of 30 hours weekly or receiving weekly earnings equal to federal minimum wage multiplied by 30 hours are exempt.
    • (A) Verification of the amount of income from self-employment is sufficient to establish this exemption, provided the amount of income appears to be consistent with a conclusion of full-time employment, 30 hours per week.
    • (B) If the income is not sufficient to conclude full-time employment, the client must cooperate with the worker in establishing the income received is at least sufficient to be considered gainful employment and the volume of work the client is doing justifies a determination the self-employment enterprise is a full-time job for the purpose of this exemption.
  • (9) Other exemptions.  A 16 or 17 year old person who is not the head of household is exempt.  

INSTRUCTIONS TO STAFF 340:50-5-86

 

Revised 6-1-09

 

1.   When information is questionable, the worker contacts the institution or place of training to determine if the school or training program is recognized by a federal or local government agency, and if the student's hours meet the half-time requirement.

 



Last Updated:  10/19/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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