OKDHS - OAC 340:50-9-5. Changes after application and during the certification period

340:50-9-5. Changes after application and during the certification period

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Revised 6-1-11

(a) Applicant households. Applicant households must report all changes related to their food benefit eligibility and benefit amount. Households must report changes that occur after the interview but before the date of the notice of eligibility, within ten calendar days of the date of the notice. • 1

(b) Certified households. Those households assigned a certification period other than 12 or 24 months are required to report within ten calendar days changes in:

(1) sources of income;
(2) unearned income of $50 per month or more;
(3) earned income of more than $100 per month;
(4) household composition, such as an addition or loss of a household member;
(5) residence and resulting changes in shelter costs;
(6) the acquisition of licensed vehicles not fully excluded; and
(7) the legal obligation to pay child support.

(c) Change affecting food benefit. If a reported change affects the household's eligibility or food benefit amount, the household is notified of the adjustment to be made and the effective date. The worker has ten calendar days from the date the change is reported to take the necessary action. • 2

(1) If the household fails to report a change within the ten-day period and, as a result, receives benefits to which it is not entitled, an overpayment claim is referred to the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section.
(2) If the worker fails to take action on a reported change within the prescribed time limits and benefits are lost, they are restored to the household.

(d) Changes that increase benefits. Changes resulting in a benefit increase must be verified. The household is allowed ten calendar days to verify the information. • 3

(e) Changes that decrease or close benefits. Food benefits are closed, never suspended, if a change in household circumstances causes a household to be ineligible for food benefits. When a household's benefit decreases or closes, an advance notice is required unless exempt from such a notice for a reason listed in (1) and (2) of this subsection. When an advance notice is required, the decrease or termination of the benefit is effective no later than the month following the month in which the advance notice period expired. • 4 When the change is reported less than ten calendar days before the advance notice deadline, the action must be taken before advance notice deadline the following month. Advance notice is not required when the:

(1) Oklahoma Department of Human Services (OKDHS) receives a clear written statement signed by a responsible household member stating he or she no longer wishes food benefits or gives information which requires closure or reduction of food benefits and stating that he or she understands the food benefit will be reduced or closed. The household retains its right to a fair hearing and continuation of benefits if a fair hearing is requested within ten calendar days of the change notice; and
(2) reduction or closure of food benefits is based on situations listed in (k) of this Section. • 5

(f) When benefits may be reopened following closure. The food benefit may be reopened following closure using current eligibility information when:

(1) policy and procedures were not administered correctly. The food benefit is reopened back to the first day of the month of closure; • 6 or
(2) the household provides all required verification by the last day of the month of closure for failure to complete the review. The food benefit is reopened and prorated from the date the review is completed. • 7

(g) Annual reporting households. Food benefit households with all adult members elderly or disabled with no earned income are known as annual reporters. • 8 A 24‑month certification period is automatically assigned. These households are only required to report changes that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size unless it is the review or recertification month. The worker must act on any changes reported by households that increase or decrease their benefits. The system determines if the change results in an increase or decrease in benefits. Between review or recertification months, a decrease in benefits does not occur unless the:

(1) household has requested closure of the case; or
(2) worker has information about the household's circumstances considered verified upon receipt. • 9

(h) Benefit review for annual reporters. Annual reporting households are sent notification in the 11th month of certification that the review is due. An interview is not required. In order to continue to receive benefits, the household must complete the review, that includes providing all required verification, by the last day of the 12th month of certification. OKDHS reviews information to determine whether changes are needed. • 10

(1) Changes reported at review must be acted on.
(2) If the reported changes result in a decrease or closure of benefits, an advance notice must be sent to the household.
(3) If the household fails to provide sufficient information regarding a deductible expense requiring verification, the review is processed without regard to the deduction.

(i) Semi-annual reporting households. All food benefit households, except those considered annual reporters or certain households containing one or more able bodied adults without dependents (ABAWD), are assigned a 12-month certification period. • 11

(1) Between the month of review or recertification, households are only required to report changes that result in their gross monthly income exceeding 130 percent of the monthly poverty income guidelines for their household size unless their household contains an ABAWD meeting the work rule per OAC 340:50-5-64(a). • 12 Households with an ABAWD meeting the work rule at certification must report if the hours decrease below an average of 20 per week or 80 per month. • 10
(2) The worker must act on any changes reported by households that increase or decrease their benefits. The system determines if the change results in increase or decrease in benefits.
(3) Between the month of review or recertification a decrease in benefits does not occur unless the:
- (A) household has requested closure of the case; or
- (B) worker has information about the household's circumstances considered verified upon receipt. • 9

(j) Review for semi-annual reporters. Semi-annual reporting households are sent notification in the fifth month of certification that the review is due. • 12 An interview is not required. In order to continue receiving benefits, the household must complete the review, that includes providing all required verification, by the last day of the sixth month of certification. OKDHS reviews information provided to determine whether changes are needed.

(1) Changes reported at review must be acted on.
(2) If the reported changes result in a decrease or closure of benefits, an advance notice must be sent to the household.
(3) If the household fails to provide sufficient information regarding a deductible expense, the review is processed without regard to the deduction.

(k) Notice of adverse action not required.

(1) Mass changes. The individual notification requirement is waived when changes affecting the entire caseload or significant portions of the caseload are initiated because of changes or requirements in federal or state law. • 13 In these situations, FSSD mails notices to the households informing them of the changes that are about to be made. • 14
(2) Notice of death. If the worker determines, based on reliable information, that all members of the household are deceased, notice of adverse action is not required.
(3) Moved out of county. Notice of adverse action is not required when the worker determines, based on reliable information, that the household has moved out of the county and that a transfer request has not been received.
(4) Completion of restoration of lost benefits. Notice of adverse action is not required if the household is previously notified in writing when restoration of lost benefits is completed and the household's food benefit is reduced due to completion of restoration of lost benefits.
(5) Variable food benefit. The household benefit amount varies from month to month within the certification period to take into account changes that were anticipated at the time of certification and the household was so notified at the time of certification.
(6) Willful misrepresentation. Notice of adverse action is not required if a person in the household is disqualified for willful misrepresentation. If there is more than one person in the household, the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member.
(7) Food benefit recoupment. A notice of adverse action is not required if the household fails to make agreed upon cash or food benefit repayment of an overpayment.
(8) Drug or alcohol treatment center or group home loses approved status. If a household's eligibility is being terminated because the drug or alcohol treatment center or group home facility is no longer approved, an individual notice of adverse action is not required.

(l) Action on changes when fair hearings are requested. When a household requests a fair hearing within ten calendar days of the date shown on the adverse action notice, the household may continue to receive food benefits.

INSTRUCTIONS TO STAFF 340:50-9-5

Revised 6-1-11

1.  At the interview, the worker must give each household Form 08FB038E, Changes in Household Circumstances. A change is considered reported the date the human services center (HSC) receives Form 08FB038E or is notified of the change by telephone or personal contact. In order to provide easier access, each HSC must have a telephone number where collect calls are accepted. The phone number is:

(A) provided on all notices such as those for certification, denial, and adverse action; and

(B) shown on Form 08FB038E.

2.  When a change is reported, the worker determines if the change affects the household's eligibility or the food benefit. The worker must document all reported changes in Family Assistance/Client Services (FACS) Case Notes. If the change was reported on Form 08FB038E, the household must be provided with another Form 08FB038E.

3.   When a change is reported:

(1) the change is made effective no later than the first issuance to be delivered ten calendar days after the date the change was reported or verified, whichever is later;

(2) the worker issues a supplement when a change that increases benefits is reported too late to verify and make the change by regular roll deadlines;

(3) if verification is provided timely, the supplement is issued by the tenth calendar day following the date the change was reported, or the date the regular roll benefit is to be received, whichever is later; and

(4) if the required verification is not provided within ten calendar days but is provided at a later date, the supplement is issued within ten calendar days of the date verification was provided, rather than from the date the change was reported.

4.  When a change is reported ten calendar days or more before the advance notice deadline, Oklahoma Department of Human Services (OKDHS) Appendix B-2, Deadlines for Case Actions, the action is taken in the same month the change is reported.

5.  A notice of adverse action is computer-generated except when the reason for the change is death, code 01, or other, code 69. When code 69 is used, Form 08MP038E, Notice to Client, is hand issued by the worker.

6.  When the food benefit closes because of administrative error, it is reopened in the SNAP tab of the FACS system using "R" in the Action Taken field and "18A" in the Reason field. Any required changes are entered in the same action. It is also necessary to update the benefit and status fields in the Household tab for persons included in the benefit household.

7.   (a) When the food benefit closes because the client did not complete the review timely, it is reopened in the SNAP tab using "R" in the Action Taken field, "18O" in the Reason field, and the date the review was completed in the Effective Date field. Any required changes are entered in the same action. It is also necessary to update the benefit and status fields in the Household tab for persons included in the benefit household.

(b) When the client waits until after the last day of the month of closure to provide needed information, he or she must reapply.

8.  The worker is responsible for determining which households are identified as annual reporters. The worker uses normal certification procedures. The computer recognizes the annual report status, automatically assigns a 24‑month certification period, and identifies the household as an annual reporter by entering A in the reporter status field.

9.   (a) Verified upon receipt means that information is not questionable, and the provider is the primary source of the information. Action must be taken by the next effective date using normal adverse action processes. Types of information considered verified upon receipt include, but are not limited to:

(1) Beneficiary and Earnings Data Exchange System (BENDEX), from the Social Security Administration (SSA). For example, a BENDEX data exchange message is received during a non-report month indicating a household member is approved for Social Security benefits. This income results in food benefit decrease and the information is considered verified upon receipt;

(2) Supplemental Security Income (SSI)/State Data Exchange System (SDX), from the SSA;

(3) Systematic Alien Verification for Entitlements (SAVE), from the United States Citizenship and Immigration Services (USCIS);

(4) Unemployment Insurance Benefits (UIB), from the Oklahoma Employment Security Commission (OESC);

(5) workers' compensation documents from Workers' Compensation Court;

(6) information from the household, when reporting changes in household composition. For example, when the client reports a person has left the household and the change results in a food benefit decrease. This information is considered verified upon receipt; and

(7) actions processed for food benefits or other OKDHS programs, that affect food benefit expenses such as:

(A) a decrease in the child care family share co-payment, that results in a smaller dependent care deduction; or

(B) the determination of an intentional program violation.

(b) Examples of information that are NOT verified upon receipt are:

(1) Oklahoma Wage Link (OWC and OWL), quarterly wage match data;

(2) any wage data obtained from BENDEX; and

(3) New Hire List (NHL) matches. For example, an NHL data exchange message is received during a non-report month indicating a household member has started to work. This income would decrease the food benefit; however, the information is NOT considered verified upon receipt. The action to decrease food benefits is not taken as it is a non‑report month.

10.(a) Methods the household may use to complete the review include:

(1) completing the review electronically by:

(A) accessing www.okdhslive.org; or

(B) getting help from a community partner to access www.okdhslive.org;

(2) downloading Form 08MP004E, Renew My Benefits, from www.okdhslive.org and completing, signing, and bringing, mailing, or faxing it to OKDHS; or

(3) going into the local HSC to complete the review with a worker using the FACS system.

(b) Food benefit cases in reporter status are displayed on CWA Report 17, for tracking purposes, the month the review is due. Food benefit cases are no longer displayed on CWA Report 17 when the benefit report action field is updated with "C" for complete. If the benefit report action field remains blank or is updated to "I" for incomplete, the case remains on the CWA Report 17 until the benefits close at negative action deadline.

(c) Once the client completes the review, the information is analyzed to determine:

(1) what changes have occurred;

(2) whether the household signed the review electronically or on the paper review form;

(3) whether the client provided all required verification; and

(4) what changes must be made on the system.

(d) The review is complete after:

(1) all review information has been entered in the Interview and Eligibility Notebooks of FACS;

(2) information contained on the review, in the verification provided, and on data exchange screens have been evaluated for changes;

(3) any additional information has been entered in FACS Case Notes to explain any changes made and how continued eligibility was determined; and

(4) the system is updated. If complete, the worker processes all changes, updates the benefit report action field with "C", and enters the date the action is shown as complete.

(e) When the review is determined incomplete because the client failed to sign the review or did not provide all required verification, attempts are made to contact the client to advise what is lacking. FACS Case Notes are documented with what is lacking and with all attempts to obtain needed information. The benefit report action field is updated with "I" indicating an incomplete review and the date the client completed the review online or Form 08MP004E was received in the HSC.

(f) When the client does not complete the review, the benefit report action field remains blank. When this field remains blank or shows an "I" at negative action deadline, the food benefits are automatically closed the next effective date with reason code 36S.

11. (a) The worker follows normal certification procedures. The computer recognizes the semi-annual status, automatically assigns a 12‑month certification period, and identifies the household as a semi-annual reporter by entering "S" in the reporter status field.

(b) Oklahoma is exempt from following able-bodied adult without dependents (ABAWD) rules at this time.

12. The worker informs the ABAWD who meets the work rule at the time of certification to report if his or her work hours decrease below 20 hours per week, averaged to 80 hours per month. ABAWDs are required to report this change within ten calendar days of the date of the change. Refer to OAC 340:50-5-64 for ABAWD work requirements.

(1) When the client reports changes timely or untimely, the worker must review the client's prior ABAWD status to accurately determine if all food benefits for which the client is eligible have been received, including the initial three 'free' months. If the worker determines the client is eligible for the initial three 'free' months, then food benefits continue. The worker completes a desk review during the third month prior to advance notice deadline to review the client's ABAWD status.

(2) When the worker determines the client has received all food benefits for which he or she is eligible, the client is removed from the food benefit the next effective date. If the client is the only person in the food benefit household, the worker closes the benefits the next effective date.

13. Examples of mass changes include changes in:

(1) the maximum income limitation or basis of issuance tables;

(2) Social Security or SSI benefits; and

(3) Temporary Assistance for Needy Families (TANF) or State Supplemental Payments.

14. The Family Support Services Division may also announce SNAP changes through the media so the general public as well as food benefit recipients are notified.

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