OKDHS.org - OAC 340:75-13-29. Supplemental Security Income

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340:75-13-29. Supplemental Security Income - Disabled Children's program

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Revised 7-1-07

(a) SSI program. Supplemental Security Income (SSI) is a federal program for which recipients must qualify based on disability criteria, household income, and resource criteria designated by the Social Security Administration (SSA).

(1) To remain eligible for SSI, recipients may not accrue more than the maximum allowed by SSA.
(2) Some children in the legal custody of Oklahoma Department of Human Services (OKDHS) receive or may be eligible to receive SSI benefits on the basis of physical, mental, or emotional criteria.
(3) The SSI recipient remains eligible for SSI if the recipient's income, resources, and disability continue to meet SSI program criteria.

(b) OKDHS as payee for a child's benefits.

(1) The initial application is made by Children and Family Services Division Administrative Services Unit (ASU) for a child who receives or may be eligible to receive SSI when the child:
- (A) is in OKDHS custody and OKDHS is paying the total cost of the child's care; and
- (B) appears eligible for SSI based on disability. • 1
(2) To ensure the application for and transfer of benefits, the:
- (A) CW worker completes and submits to ASU, within ten working days after the child's placement or as soon as the child's disabling condition is identified, Form 04MP029E, Report of Social Security and Veterans Benefits for Children in Out‑of-Home Placement, requesting an initial eligibility determination;
- (B) custody specialist completes and submits to ASU, within ten working days after the child's placement, Form 04MP029E, requesting the payee be changed to OKDHS; and • 2
- (C) CW worker, within ten working days, e-mails ASU when the child's placement type changes or the child is released from OKDHS custody or out-of-home placement.
(3) OKDHS receives and monitors the child's benefits.
- (A) OKDHS receives the child's benefits until the child leaves OKDHS out‑of‑home placement if OKDHS is paying the full cost of the child's care. • 3
- (B) ASU monitors each child's accrued funds and notifies the CW worker when the limit is approached to give specific instructions regarding the spenddown of that child's money. Purchases made with the child's accrued benefits must be items that benefit the child and are specifically for that child. These items must follow the child to all subsequent placements. • 4

(c) Placement provider as payee for a child's benefits. The kinship, paid, or non-paid placement provider submits completed Form 04FC011E, Placement Agreement for Out-of-Home Care, to the local SSA office to apply as the eligible child's payee. The CW worker assists the placement provider complete the form.

(1) Benefits.
- (A) If the SSI benefit is equal to or greater than the foster care payment, the placement provider receives the full benefit and no payment from OKDHS for the child's care.
- (B) If the SSI benefit is less than the foster care payment, the placement provider may receive a partial foster care payment that is reduced dollar for dollar based on the amount of the SSI benefit.
(2) Eligibility for paid placement provider. The OKDHS paid placement provider may apply as representative payee for a child when the child is an SSI recipient placed with the placement provider continuously for nine or more months.

(d) Beneficiary as payee for a child's benefits. The youth who remains in school beyond age 18 to complete his or her high school education remains eligible for SSI if the youth's income, resources, and disability continue to meet SSI program criteria.

(1) If the youth is capable of managing money, the CW worker or placement provider:
- (A) submits to the local SSA office Form SSA-1372, Student Statement Regarding School Attendance;
- (B) explains to the youth that the youth must pay the placement provider at the current rate;
- (C) explores with the youth alternative placements that are consistent with the goals of self-support and self-sufficiency if the youth does not wish to pay the cost of care; and
- (D) notifies the placement provider that OKDHS may pay a foster care payment reduced dollar for dollar based on the SSI benefit if the benefit is less than the foster care payment.
(2) If the youth is not capable of managing money and OKDHS is not paying the youth's full cost of care, the placement provider works with SSA to determine the payee for the youth's benefits.

(e) Referrals. Section 1615 of the Social Security Act provides for the referral by SSA of SSI recipients younger than 18 years of age to a designated state agency for provision of services to improve the child's disability. The Omnibus Reconciliation Act of 1981, Public Law 97-35, authorizes Oklahoma to operate a program for these children as a component of the Maternal and Child Health Block Grant. OKDHS is designated to administer this program in Oklahoma.

(1) The purpose of SSI-Disabled Children's Program (DCP) is to ensure that all available services and resources are used, as necessary, to assist each eligible child to become a self-sustaining and self-supporting adult.
(2) The Department of Rehabilitation Services Disability Determination Unit determines SSI eligibility for SSA and refers every SSI recipient, younger than 18 years of age, to Family Support Services Division Health Related and Medical Services to maintain a control on all referrals.

INSTRUCTIONS TO STAFF 340:75-13-29

Revised 7-1-07

1.  SSI benefits. For an initial Supplemental Security Income (SSI) application, the Child Welfare (CW) worker completes and submits to Children and Family Services Division (CFSD) Administrative Services Unit (ASU) Form 04MP029E, Report of Social Security and Veterans Benefits for Children in Out-of-Home Placement, within ten working days from the date the child's disabling condition is identified. The child's information that must accompany Form 04MP029E for the initial determination of SSI includes:

(1) a full-certified copy of the birth certificate;

(2) the legal document showing the custody date;

(3) medical information, psychological information, or both, stating the diagnosis and prognosis dated within the last 12 months;

(4) names, addresses, and phone numbers of all medical and psychological resources; and

(5) Form 04KI027E, Placement History.

2.   Change of payee. For a change of payee for existing benefits, the assigned custody specialist, within ten working days from the child entering Oklahoma Department of Human Services (OKDHS) custody and out-of-home placement:

(1) completes Form 04MP029E;

(2) attaches the legal document showing the child's date of custody and Form 04KI027E; and

(3) submits to ASU.

3.   Notification of custody or placement change. When a change occurs in the type of placement for a child or OKDHS is relieved of the child's care or custody, the CW worker e-mails ASU within ten working days of the change.

4.  Spenddown request. To remain eligible for SSI, the child may not accrue more than $2,000. In order to expend the child's accrued funds, a spenddown request is submitted to the assigned CFSD ASU Social Security specialist.

(1) The CW worker:

(A) e-mails a spenddown request to the assigned ASU Social Security specialist outlining the items for purchase that the child wants or needs, including, but not limited to the:

(i) approximate price of each item;

(ii) child's full name;

(iii) placement provider's name and mailing address; and

(iv) name and address of the store where the items will be purchased. An e-mail reply is sent in return indicating approval or denial of the request;

(B) attaches to a copy of the spenddown approval e-mail the:

(i) receipt for items purchased;

(ii) voided receipt;

(iii) store invoice; or

(iv) layaway receipt specifying the items and total cost, including any tax or delivery charge;

(C) faxes the documents to the assigned ASU Social Security specialist;

(D) completes Form 23CO135E, Vendor Information, posted on the OKDHS InfoNet under Contracts & Purchasing forms, at the request of CFSD, if the vendor is not listed in the Office of State Finance database. Form 23CO135E is faxed to the assigned ASU Social Security specialist; and

(E) once the purchase is made, faxes the final receipt to the assigned ASU Social Security specialist.

(2) Upon completion and submission of the paperwork for payment, a check is sent to the placement provider for the amount of the spenddown, regardless whether the check is made out to the placement provider or the store where the items were purchased. The check amount includes any down payment required for layaway of the items. Finance Division does not send a check to a county OKDHS office.

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