Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 3 - Conditions of Eligibility - Need › Part 3 - INCOME › Section 340:10-3-39 - Unearned income determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Unearned income.
When the client has income from one or more of
				  the income sources listed in (1) through (14) of this subsection, the income
				  source and amount is verified and considered as unearned income.
(1)
Capital investments.
Proceeds from interest or dividends from capital investments that include
				  savings accounts, bonds, other than United States (U.S.) Savings Bonds, notes,
				  and mortgages received after certification constitute unearned income.
(2)
Real property held as a
				  resource.
When the client has income from property held as a resource,
				  the worker deducts actual business expenses before considering the remainder as
				  unearned income.
(3)
Life
				  estate and homestead rights.
When the client receives income from a life
				  estate and homestead rights, it is counted as unearned income, per Oklahoma
				  Administrative Code (OAC)
				  340:10-3-4(d).
(4)
Minerals.
When the client
				  owns minerals, but not the surface rights, only actual income from minerals,
				  delayed rentals, and production is considered. When the client does not have
				  documentary evidence of the income amount, the worker or client obtains income
				  verification from the firm or person who is making the payment.
(5)
Contributions.
Contributions
				  the client recurrently receives are considered unearned income. Payments made
				  to a vendor on the client's behalf are not considered countable contributions.
(6)
Child support.
Child support assigned and retained by Oklahoma Human Services (OKDHS) Child
				  Support Services (CSS) is not considered as income to the client, per OAC
				  340:10-10-7.
(A) Child support payments an applicant
				  receives prior to certification are considered unearned income for the month
				  received.
(B) When CSS sends the
				  client child support after certification because more is collected than is owed
				  to OKDHS, it is considered as unearned income.
(C) When the Temporary Assistance for Needy
				  Families (TANF) payee is a minor parent and lives with an adult relative who
				  receives child support for the minor parent, the child support is considered as
				  unearned income for the minor parent as CSS does not assign or retain it.
(7)
Retirement,
				  disability, and unemployment benefits.
Income received monthly from
				  annuities, pensions, retirement, veterans' or disability benefits, workers' or
				  unemployment compensation, survivors' or Social Security benefits are
				  considered unearned income. When the client receives retirement income as a
				  lump sum payment upon retirement, it is considered as a resource instead of
				  income, per OAC
				  340:10-3-5(a)(9)(D).
				  Supplemental Security Income (SSI) is not considered because the SSI recipient
				  is not part of the TANF cash assistance unit, per OAC
				  340:10-3-57(b).
(8)
Military benefits.
Military
				  benefits such as pensions, compensation, dependents' allowances, and similar
				  benefits are considered as countable unearned income. When the client states
				  that any member of the assistance unit, former spouse, or a non-custodial
				  parent is or was in the military, the worker checks with state and federal
				  veterans' agencies to determine if any benefits are available to the assistance
				  unit.
(9)
Financial aid from
				  any agency or organization.
Financial aid provided to students or
				  financial aid provided by agencies or organizations that base their payment on
				  the financial need of the household is only considered as countable unearned
				  income when the purpose of the assistance duplicates the purpose of the TANF
				  cash assistance.
(A) Financial aid given by
				  other agencies or organizations because of a household's financial need does
				  not constitute duplication when the financial aid is given for goods and
				  services that are not included in the TANF need standard.
(B) TANF cash assistance's purpose is to
				  provide for the assistance unit's basic needs; such as food, clothing, basic
				  medications, personal items, shelter, utilities, and household equipment, per
				  OAC
				  340:10-1-3(e).
(C) When educational assistance serves the
				  same purpose as TANF cash assistance, such as when the client receives a
				  stipend for living expenses, the stipend is countable income.
(D) When the assistance an agency or
				  organization provides duplicates the purpose of TANF and:
(i) does not exceed the difference between
				  the TANF payment and need standard by family size, per OKDHS Appendix C-1,
				  Maximum Income, Resource, and Payment Standards, Schedule IX, it is not
				  considered as income; or
(ii)
				  exceeds the difference between the payment and need standard, it is considered
				  as unearned income.
(10)
Casual and inconsequential
				  gifts.
Monetary gifts, such as Christmas, birthday, or graduation gifts
				  are is counted as unearned income when the gift amounts per person exceed $30
				  per calendar quarter.
(A) When a single gift
				  exceeds $30, the entire amount is counted as unearned lump sum income, per OAC
				  340:10-3-28.
(B) When the recipient claims the gift is
				  intended for more than one person in the assistance unit, it can be divided
				  among these persons. Gifts between assistance unit members are not
				  counted.
(11)
Grants.
Grants that are not based on financial need are considered
				  income to the extent the grant is available for current maintenance.
(A) Any portion of the grant that is
				  expended, designated, or intended for items not included in current maintenance
				  is excluded provided documentation is provided to justify the
				  exclusion.
(B) The countable amount
				  of a grant received for a period covering more than one month is prorated over
				  the period it is intended to cover.
(12)
Funds held in trust by Bureau of
				  Indian Affairs (BIA).
The BIA frequently puts a person's trust funds in
				  an Individual Indian Money (IIM) account.
(A)
				  When the BIA states that the funds are unavailable and are not disbursed, the
				  funds are not considered in determining eligibility. When the BIA disburses any
				  portion of the funds to the client, guardian, or conservator, such funds are
				  considered as available unearned income unless the income is disregarded, per
				  OAC
				  340:10-3-40.
				  When countable funds are disbursed:
(i) on a
				  monthly basis, the income is treated as unearned income in the month
				  received;
(ii) on a regular basis,
				  less often than monthly, the income is averaged over the number of months it is
				  intended to cover, per OAC
				  340:10-3-28(1);
				  or
(iii) in a one-time payment, the
				  income is considered a nonrecurring lump sum payment in the month received, per
				  OAC
				  340:10-3-28(2).
(B) When the BIA states the account is
				  unavailable and does not have a monthly disbursement plan, but an account
				  review reveals a recent disbursement history to the client, guardian, or
				  conservator, this may indicate that all or a portion of the account is
				  available. When this occurs, the funds are considered as unavailable because of
				  a legal impediment until the situation is resolved with the BIA.
(C) When the BIA makes disbursements to a
				  third-party vendor in payment for goods or services, the disbursements are not
				  considered as countable income.
(13)
Profit sharing.
When a
				  household member is a shareholder in an S corporation or a partner in a limited
				  partnership or limited liability company, he or she may receive a distribution
				  or profit share of the business. This is considered unearned income.