Okla. Admin. Code § 340:50-5-5

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

Section 340:50-5-5 - Non-household members

(a)Non-household members. Persons residing with a household who cannot be considered members of the food benefit household are non-household members. Oklahoma Human Services (OKDHS) does not consider non-household members when determining the household's eligibility or food benefit allotment. Non-household members are described in (1) through (6) of this subsection. Except for ineligible students, persons who cannot be a separate food benefit household, per Section 273.1(b)(1) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.1(b)(1)) and Oklahoma Administrative Code (OAC) 340:50-5-1(b), are not considered non-household members.

(1)Roomers. Roomers are persons to whom the household provides lodging for compensation, but not meals. They may participate in the Supplemental Nutrition Assistance Program (SNAP) as separate households.

(2)Boarders. Boarders are residents of a commercial boarding house or persons to whom the household provides lodging and meals and who pay a reasonable monthly payment for board, per 7 C.F.R. § 273.1(b)(3).

(A) A commercial boarding house is an establishment that offers meals and lodging for compensation with the intention of making a profit, regardless of the number of residents. Boarders who live in a commercial boarding house are not eligible to participate in SNAP.

(B) All other persons or groups of persons that pay a reasonable amount for meals or meals and lodging are considered boarders and are only eligible to participate in SNAP when included in the same food benefit household that provides the board. The household providing the board has the option of applying and receiving SNAP food benefits, when eligible, independent of the boarder(s), or the household providing the board may choose to include the boarder(s) in its food benefit household.

(C) To be considered a reasonable monthly payment for board, a boarder whose arrangement is for:

(i) more than two meals per day must pay an amount that equals or exceeds the maximum food benefit allotment amount for the appropriate boarder household size as shown on OKDHS Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions; or

(ii) two meals or less per day must pay an amount that equals or exceeds two-thirds of the food benefit allotment for the appropriate boarder household size as shown on (OKDHS) Appendix C-3.

(D) A person(s) paying less than a reasonable monthly payment for board is not considered a boarder and must be included as a member of the household providing the board.

(3)Children in foster care or children placed by OKDHS Developmental Disabilities Services (DDS). Children in foster care or children placed by DDS with extended family care providers must be considered boarders unless the household providing foster care services requests the children be included as food benefit household members. The children cannot participate in SNAP independently of the household providing the foster care or DDS services.

(A) Foster care payments and DDS room and board reimbursements are considered as income to the children and are:

(i) not included as income to the household caring for the children when the children are not included in the food benefit household; and

(ii) counted as income to the household when the host household chooses to include the children as members of the food benefit household.

(B) The income paid to the extended family care provider by DDS for care rendered is counted as earned income to the provider, per OAC 340:50-7-29(b)(8).

(4)Live-in attendants. Live-in attendants are persons who reside in a household to provide medical, housekeeping, child care, or other similar services. They may participate as a separate household in SNAP unless OAC 340:50-5-1(b) applies.

(5)Students. Students are persons enrolled in an institution of higher education who are ineligible because they fail to meet the eligibility criteria, per OAC 340:50-5-45(a).

(6)Others. Others are persons who share living quarters with the household but who do not customarily purchase food or prepare meals with the household.

(b)Non-household members' income. Non-household members' income is not counted in determining the food benefit household's income eligibility, per 7 § C.F.R. 273.11(d). Refer to OAC 340:50-7-29(d) to determine how to consider disqualified or ineligible household members' income. When an eligible household member's earned income and a non-household member's earned income is combined into one wage, the worker determines the income for the eligible household members by:

(1) counting the portion due to eligible household members, when it is possible to identify the household's share; or

(2) prorating the earned income equally among the persons the earnings are intended to cover and counting the prorated portion due to the eligible household members, when it is not possible to identify the household's share.

(c)Deductible expenses. When the household shares deductible expenses with a non-household member, except for utility expenses per (1) of this subsection, the worker only deducts the amount the food benefit household actually paid or contributed as a household expense, per 7 § C.F.R. 273.11(d)(1).

(1) When the food benefit household pays part of the utility expenses, the household is allowed the full utility standard deduction that it qualifies for based on criteria, per 7 § C.F.R. 273.9(d)(6)(iii)(F) and OAC 340:50-7-31.

(2) When the payments or contributions cannot be differentiated, the worker prorates the expenses evenly among persons actually paying or contributing to the expenses and deducts only the household's pro rata share.

Okla. Admin. Code § 340:50-5-5

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 15 Ok Reg 165, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1623, eff 5-11-98; Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 26 Ok Reg 840, eff 6-1-09

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

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