Okla. Admin. Code § 340:10-3-30

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

Section 340:10-3-30 - When to consider the income of a relative-payee

(a)Relative-payee definition. A relative-payee is a relative who lives with the child(ren) and takes responsibility for their needs. A relative may only be considered the payee for the assistance unit when the:

(1) natural or adoptive parent or stepparent is not in the home; and

(2) relative meets the specified degree of relationship, per Oklahoma Administrative Code (OAC) 340:10-9-1.

(b)Stepparent inclusion. A stepparent may only be considered as the payee for the assistance unit when the natural or adoptive parent is not in the home. When the natural or adoptive parent is in the home, the stepparent may only be included in the Temporary Assistance for Needy Families (TANF) assistance unit payment when the natural or adoptive parent is considered incapacitated, per OAC 340:10-10-2.

(c)Needy caretaker definition. When a relative-payee requests to be included in the TANF assistance unit, he or she must meet the needy caretaker definition. Only one needy caretaker is eligible to be included in the TANF assistance unit.

(1) A relative-payee without a spouse meets the needy caretaker definition when, per Oklahoma Human Services Appendix C-1, Schedule IX the assistance unit's:

(A) gross monthly income does not exceed the monthly maximum gross income; and

(B) net income does not exceed the payment standard.

(2) When the relative payee is married and living with the spouse who is:

(A) an Supplemental Security Income (SSI) or State Supplemental Payment (SSP) recipient, the spouse's income is not considered in determining if the relative-payee meets the needy caretaker definition; or

(B) not an SSI or SSP recipient, the relative-payee meets the needy caretaker definition when the gross monthly income of the couple does not exceed the monthly maximum gross income for two persons.

(d)Income consideration. When the:

(1) stepparent is included in the TANF cash assistance benefit because the natural or adoptive parent is not in the home, his or her income is considered the same way as the natural or adoptive parent's income is considered. When the stepparent is not included in the TANF cash assistance benefit because the natural or adoptive parent is in the home, his or her income is considered, per OAC 340:10-3-57(e).

(2) relative-payee is not included in assistance payment, neither the relative-payee or his or her spouse's income is considered in determining the child(ren)'s TANF eligibility;

(3) relative-payee without a spouse meets the needy caretaker definition, per (c)(1) of this Section, he or she may be included in the assistance unit benefit. The relative-payee's income is considered the same way as a natural or adoptive parent. When the relative-payee has income, the relative-payee and the worker determine if including the relative-payee increases or decreases the TANF assistance benefit for the child(ren); or

(4) relative-payee with a spouse meets the needy caretaker definition, per (c)(2) of this Section and the spouse does not receive SSI or SSP, the spouse's income is computed the same as stepparent income, per OAC 340:10-3-57(e). The needy caretaker and the worker determine if including the needy caretaker and the spouse's income increases or decreases the TANF assistance benefit for the child(ren).

Okla. Admin. Code § 340:10-3-30

Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency); Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive)

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021