(a) Sources of income considered.
The worker considers all household income, unless specifically excluded
per Section 273.9(c) of Title 7 of the Code of Federal Regulations (7 § C.F.R. 273.9(c)) and Oklahoma Administrative Code (OAC) 340:50-7-22, in determining
monthly gross income. Income is
classified as earned or unearned.
(1) When one or more household
members are absent from the home, before deciding whether to consider the
absent household member's income, the worker must determine if the person returns
to the home for part of the month.
(A) Per OAC 340:50-5-2, the
worker does not include the absent member in the benefit amount and only counts
the portion of his or her income that he or she makes available to the rest of
the household when the household member does not return for part of the
month. • 1
(B) When the household member
returns for part of each month, the worker includes him or her in the benefit
amount and counts all of his or her income unless excluded per OAC 340:50-7-22.
(2) Per OAC 340:50-5-5, the
household has the option of including a child receiving a foster payment that
includes a payment for kinship care, or a Developmental Disability Services
(DDS) room and board payment in the food benefit. When the household chooses not to include the
child in the food benefit, the worker does not count the child's income,
including the foster or DDS room and board payment.
(3) When the household adopts a
child previously in the custody of the Oklahoma Department of Human Services
(DHS) and receives an adoption subsidy payment for the child, the worker
includes the child in the food benefit and counts the child's income, including
the adoption subsidy payment. • 2
(4) When a member of the household becomes
the guardian of a child and receives a guardianship payment from DHS, the
payment is considered as income. The child for whom the payment is received
must be included in the food benefit.
income. Per 7 § C.F.R. 273.9(b)(1),
earned income is income a household receives in the form of wages, commission,
self-employment, or training allowances, and for which a person puts forth
physical labor. Temporary disability
insurance payments and temporary workers' compensation payments are considered earned
income when payments are employer-funded and the person remains employed. The types of earnings listed in (1) through
(4) of this subsection, including money from the sale of whole blood or blood
plasma or a DDS payment to an extended family care provider for services
rendered in addition to the child's room and board payment, are considered
(1) Wages. Wages and salaries include sick pay paid by
the employer to an employee who plans to return to work when recovered, excess
benefit allowance payments, • 3 and wages
garnished or diverted to pay a third party for a household's expenses. • 4 Countable wages for military personnel
include any allowance included on the earnings statement, such as the Basic
Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS).
(2) Self-employment. Refer to OAC 340:50-7-30 for self-employment
I payments of the Domestic Volunteer Services Act. Countable earned income includes payments
paid to a household member under Title I of the Domestic Volunteer Services Act
of 1973 as amended per Public Law (P.L.) 93-113, unless excluded per OAC
training (OJT). The worker counts
income earned in OJT positions as earned income. This includes OJT provided per Section 3(44)
of the Workforce Innovation and Opportunity Act of 2014, P.L. 113-128 for
persons 19 years of age or older. • 5
income. In general, unearned income
is income a household receives and is not in the form of wages,
self-employment, or training allowances, and for which a person does not put
forth physical labor. The income listed
in (1) through (6) of this subsection, while not all inclusive, are considered
unearned per 7 § C.F.R. 273.9(b)(2).
payments. The worker counts payments
from a federally-aided public assistance program, such as Supplemental Security
Income (SSI), Temporary Assistance for Needy Families (TANF), or assistance
programs based on need, such as State Supplemental Payments, as unearned
(A) A household's food benefit amount does
not increase when the public assistance benefit the household receives under a
federal, state, or local means-tested public assistance program is reduced,
suspended, or closed because the public assistance program imposed a penalty
due to an intentional program violation determined as fraud or a household
member's failure to comply with a requirement of that program.
(i) To impose a food benefit sanction, the
person must be certified for Supplemental Nutrition Assistance Program (SNAP)
benefits at the time of the failure to comply and receiving regular benefits
from the other program at the time fraud occurred or the household failed to
comply with a substantive program requirement.
(ii) Examples of means-tested public
assistance programs include SSI and TANF.
(iii) Substantive requirements are
behavioral requirements of that program designed to improve the well-being of
the household. For TANF, this includes:
(I) complying with TANF Work requirements
per OAC 340:10-2. OAC 340:10-2-2 explains
the TANF penalty considered for SNAP when the household fails to comply with
TANF Work activities; • 6
(II) cooperating to obtain child support per
(III) providing a Social Security number per
(IV) ensuring school-age children regularly
attend school per OAC 340:10-13-1;
(V) verifying children meet immunization
requirements per OAC 340:10-14-1; and
(VI) not using the TANF benefit in a
prohibited business per 340:10-1-3.
Procedural requirements that do not trigger a penalty include failing to:
complete an interview; or
complete a benefit renewal.
(v) When a worker is not able to obtain the
necessary information and cooperation from another federal, state, or local
means-tested welfare, or public assistance program to comply with the provision
in (A) of this paragraph, DHS is not held responsible. The worker must make a good faith effort to
get the needed information and record the details and results of this effort in
the case file.
(vi) The worker does not reduce, suspend, or
close the household's current food benefit amount when the benefits under
another assistance program are decreased.
(vii) When the worker adds eligible members
to the food benefit, the benefit must be adjusted regardless of whether the
household is prohibited from receiving benefits for the additional member under
another federal, state, local welfare, or public assistance means-tested
(viii) Changes in household circumstances
not related to the penalty imposed by another federal, state, local welfare, or
public means-tested assistance program are not affected by the provision in (A)
of this paragraph.
(ix) The application of the provision in (A)
of this paragraph applies for the duration of the imposed penalty or until DHS
cannot determine the amount of the penalty.
For example, when the other program benefit closes or the person becomes
ineligible for a non-penalty related reason, the worker stops imposing the food
(x) SNAP sanctions extending beyond one year
must be reviewed at least annually to determine if the sanction continues to
(B) The provision in (A) of this paragraph
does not apply to persons or households subject to disqualification from SNAP
for noncompliance with a comparable work requirement per Title IV of the Social
Security Act or an unemployment compensation work requirement.
and Social Security. Annuities,
pensions, retirement, veterans' or disability benefits, workers' or
unemployment compensation, survivors' or Social Security benefits, and strike
benefits are unearned income. The worker
considers disability payments as:
(A) unearned income when the person is no
longer considered an employee of the company and an agency outside of the
company pays the disability benefits; and
(B) earned income when the person is still
considered an employee of the company and the company pays the disability
and alimony. The worker counts
support and alimony payments paid directly to the household from non-household
members as unearned income. • 7
The worker also counts money deducted or diverted to a third party to
pay a household expense as unearned income when the court order directs the
payment be made to the household. The
worker does not count money the court order states must be paid to a third
party as income. • 8
dividends, royalty, and interest payments.
Payments from government sponsored programs, such as Agricultural
Stabilization and Conservation Service Programs, grants, dividends, royalties,
interest, and all other direct money payments from any source construed to be a
gain or profit are considered income.
The worker treats income from these sources as unearned income. The household must provide proof of income
from these sources so income can be averaged to determine monthly countable
withdrawn or dividends that are or could be received by a household from trust
funds. Dividends the household has
the option of either receiving as income or reinvesting in the trust are
considered income in the month they become available to the household.
of Veteran's Affairs (VA) Aid and Attendance. When a person receives VA Aid and Attendance
income and does not pay someone outside of the food benefit household to care
for him or her, this is countable income.
Any portion of the VA Aid and Attendance paid to someone outside of the
food benefit household for care is excluded.
(d) Income of excluded household
members. Per OAC 340:50-5-10.1,
excluded household members are termed as disqualified or ineligible. The worker does not
consider the needs of a disqualified or ineligible household member when
determining the household's size for purposes of assigning a benefit level to
the household or comparing the household's monthly income with the income
eligibility standard per 7 § C.F.R. 273.11(c)(2)(iv).
household members. The worker counts
the disqualified household member's income in its entirety as available to the
remaining household members per 7 § C.F.R. 273.11(c)(1)(i). The worker does not prorate utility, medical,
dependent care, child support expenses, or excess shelter deductions. Per OAC 340:50-5-10.1, disqualified household
members are those excluded for:
(A) committing an intentional program
violation per Oklahoma Administrative Code (OAC) 340:50-5-7 or 340:50-15-25;
(B) meeting fleeing felon criteria per OAC 340:50-5-10.1
(C) being a probation or parole violator per
OAC 340:50-5-10.1 .
household members. The worker
prorates the income of ineligible household members among all household members
per 7 § C.F.R. 273.11(c)(2)(ii).
(A) Per OAC 340:50-5-10.1, ineligible
household members are those excluded because they do not meet a program
requirement, such as:
(i) failure to obtain or refusal to provide
a Social Security number per OAC 340:50-5-68;
(ii) not being a citizen or qualified alien
per OAC 340:50-5-67; or
(iii) being an able-bodied adult without
dependents and not meeting work requirements per OAC 340:50-5-64.
(B) The worker counts a pro rata share of
the ineligible household member's income as income available to the remaining
members by first subtracting the allowable income exclusions per OAC
340:50-7-22 from the ineligible member's income and dividing the income evenly
among the eligible household members and the ineligible member.
(C) The worker counts all but the ineligible
member's share as income available to the remaining household members. The earned income deduction, per OAC 340:50-7-31
and DHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income
and Deductions, applies to the prorated income attributed to the household when
it was earned by the ineligible member.
(D) The portion of the household's allowable
shelter, child support, and dependent care expenses paid by or billed to the
ineligible member is divided evenly among the household members, including the
ineligible member. All but the
ineligible member's share is considered a deductible shelter expense for the
remaining household members, with the exception of utility expenses per 7 § C.F.R. 273.9(d)(6)(iii)(F). When the
household is responsible for utility expenses, the household is allowed the
full utility standard for which it qualifies per OAC 340:50-7-31. • 9