Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 50 - Supplemental Nutrition Assistance Program › Subchapter 5 - Non-Financial Eligibility Criteria › Part 1 - HOUSEHOLD DEFINITION › Section 340:50-5-5 - Non-household members

Current through Vol. 41, No. 20, July 1, 2024
(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.