Okla. Admin. Code § 340:50-5-10.1

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-5-10.1 - Excluded household members

(a)Excluded household members. Excluded household members may not participate as a separate food benefit household. When excluded members live with the food benefit household, they are excluded from the household's size when determining benefits and comparing the household's monthly income with the income eligibility standards. Depending on the reason they are excluded, all or a portion of their income is included as countable income for the food benefit household and deductible expenses may be prorated, per Section 273.11(c) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.11(c)) . Refer to Oklahoma Administrative Code (OAC) 340:50-7-29(d), to determine how the income and expenses of excluded household members is counted.

(b)Disqualified household members. A household member may be disqualified for Supplemental Nutrition Assistance Program (SNAP) food benefits, per 7 C.F.R. § 273.1(b)(7) for:

(1) committing an intentional program violation or fraud, per OAC 340:50-15-25;

(2) failing to meet work registration requirements, per OAC 340:50-5-85 through OAC 340:50-5-89;

(3) being a fleeing felon. Per 7 C.F.R. § 273.11(n)(1), for a person to be considered a fleeing felon, the worker must verify:

(A) there is an outstanding arrest warrant for the person issued for his or her arrest by a federal, state, or local law enforcement agency or court and, the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the person is fleeing, or a high misdemeanor under the law of New Jersey;

(B) the person is aware of, or should have reasonably expected that a felony warrant was, or would have been, issued;

(C) the person took some action with intent to avoid being arrested or jailed; and

(D) a federal, state, or local law enforcement agency is actively seeking the person. "Actively seeking" is when a federal, state, or local law enforcement agency:

(i) informs Oklahoma Human Services (OKDHS) that it intends to enforce an outstanding felony warrant, as described in (b)(3)(A) of this Section, within 20-calendar days of submitting a request for information about the person to OKDHS;

(ii) presents a felony arrest warrant to OKDHS that conforms to one of the National Crime Information Center uniform offense classification codes, to obtain information on the location of and other information about the person named in the warrant. National Crime Information Center uniform offense classification codes are:

(I) escape, code 4901;

(II) flight to avoid prosecution, confinement, and such, code 4902; or

(III) flight-escape, code 4999; or

(iii) states it intends to enforce an outstanding felony warrant within 30-calendar days of the date of the request from OKDHS about a specific outstanding felony warrant; or

(4) being a probation or parole violator meeting criteria of this paragraph. Per 7 C.F.R. § 273.11(n)(2), to be considered a probation or parole violator, the Adult and Family Services director's designee must determine that:

(A) the person violated a condition of his or her probation or parole imposed under federal or state law; and

(B) federal, state, or local law enforcement authorities are actively seeking the person to enforce the conditions of the person's probation or parole. "Actively seeking" is when a federal, state, or local law enforcement agency:

(i) informs OKDHS that it intends to arrest a person for a probation or parole violation within 20-calendar days of submitting an information request about the person to OKDHS; or

(ii) states that it intends to arrest the person for a probation or parole violation within 30-calendar days of the request date from OKDHS about a specific outstanding felony warrant or parole violation.

(c)Ineligible household members. Ineligible household members are persons living in the household that do not meet a program requirement, such as:

(1) failure to obtain, or refusal to provide a Social Security number, per OAC 340:50-5-68;

(2) being an ineligible alien, per OAC 340:50-5-67;

(3) being an able-bodied adult without dependents and not meeting work requirements, per OAC 340:50-5-100; or

(4) failure to cooperate with providing requested verification when information is unclear, per OAC 340:50-9-5(i)(4).

Okla. Admin. Code § 340:50-5-10.1

Added at 15 Ok Reg 165, eff 11-1-97 (emergency); Added at 15 Ok Reg 1623, eff 5-11-98; Amended at 17 Ok Reg 46, eff 9-7-99 (emergency); Amended at 17 Ok Reg 1265, eff 6-1-00; Amended at 18 Ok Reg 3639, eff 9-7-01 (emergency); Amended at 19 Ok Reg 1119, eff 5-13-02; Amended at 27 Ok Reg 1241, eff 6-1-10

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

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