Okla. Admin. Code § 340:10-3-2

Current through Vol. 42, No. 7, December 16, 2024

Section 340:10-3-2 - Resource general provisions

(a)Resources defined. For the purposes of the Temporary Assistance for Needy Families Program (TANF), resources means any form of real and personal property that has an available monetary value. All available resources, except those required to be disregarded by federal law or rules, per Oklahoma Administrative Code (OAC) 340:10-3-2 through 340:10-3-9 are considered.

(b)Resource evaluation. The worker evaluates and verifies the value of the assistance unit's countable available resources at application and renewal.

(1) In determining eligibility based on resources, only resources available for current use or resources that the client or another assistance unit member owns, wholly or in part, are considered.

(2) A resource is considered unavailable when there is a legal impediment to overcome. When there is a legal impediment, the client must agree to pursue all reasonable steps to overcome the impediment and initiate legal action within 30-calendar days. While the legal action is in process, the resource is considered unavailable. When the cost of making a resource available exceeds the gain, the client is not required to pursue action to make it available.

(3) The assistance unit may change the form of resources as long as the resources do not exceed the maximum resource standard.

(4) When an adult or child receives Supplemental Security Income (SSI), his or her resources are not considered in determining TANF eligibility.

(5) When both parents are in the home and one parent receives SSI and a State Supplemental Payment (SSP) benefit and the other parent is included in the TANF benefit with the children, both parents' resources are not considered for TANF as they are considered in determining SSI eligibility.

(6) When a natural or adoptive parent or dependent child is not included in the assistance unit because of alien status, the worker considers his or her resources in determining resource eligibility for the TANF cash assistance members.

(c)Maximum resource standard. Refer to Oklahoma Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX.C for the maximum resources the assistance unit may hold in one or more countable resources and still be considered eligible for TANF based on need. The assistance unit is ineligible for TANF for any month its resources exceed the maximum resource standard. When the assistance unit's resources exceed the resource standard, the worker closes the TANF cash assistance for the next advance notice effective date, per OKDHS Appendix B-2, Deadlines for Case Actions.

(d)Relative-payee resources. A relative-payee may only be included in the TANF cash assistance benefit when the natural or adoptive parent is not in the home, the relative-payee meets the definition of a needy caretaker, per OAC 340:10-3-30, and inclusion of his or her resources does not exceed the maximum resource standard. A stepparent may be included in the cash assistance benefit when the natural or adoptive parent is incapacitated or not in the home.

(1) When a relative-payee is not eligible to be included in the TANF assistance unit, or is eligible but does not want to be included, the worker does not consider the relative-payee or his or her spouse's resources in determining a child's eligibility.

(2) Only one needy caretaker may be included in the TANF assistance unit when the child's parent(s) is not in the home. When the needy caretaker has a spouse who is not an SSI recipient, one-half of their combined resources are considered as the needy caretaker's resources. When the needy caretaker's spouse is an SSI recipient, his or her resources are not considered.

Okla. Admin. Code § 340:10-3-2

Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 11 Ok Reg 157, eff 11-1-93 (emergency); Amended at 11 Ok Reg 1639, eff 5-12-94; Amended at 17 Ok Reg 444, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2075, eff 7-1-00; Amended at 21 Ok Reg 814, eff 5-1-04

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022