Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 15 - Conditions of Eligibility - Citizenship and Alienage › Section 340:10-15-3 - Sponsored aliens

Current through Vol. 41, No. 20, July 1, 2024
Certain aliens, unless specifically exempted or covered by
				  one of two exceptions as identified at Section 1631(e)(f) of Chapter 14 of
				  United States Code (USC) 8, whose entry into the U.S. required sponsorship,
				  must have the income and resources of the sponsor considered in determining
				  eligibility and benefit amount for Temporary Assistance for Needy Families
				  (TANF). Aliens who are exempted from this requirement are parolees, political
				  asylees, Cuban or Haitian entrants, and refugees admitted under Section
				  207(a)(7) and Section 207(c) of the Immigration and Nationality Act. The
				  deeming rules do not apply to a sponsored immigrant and his or her child(ren)
				  who are victims of domestic violence or extreme cruelty. If a sponsored
				  immigrant is unable to obtain food and shelter without government assistance,
				  then only the amount of income and resources actually provided by the sponsor
				  or the sponsor's spouse is deemed to the immigrant. A sponsor is defined as an
				  individual(s) or an organization who executed an affidavit of support or
				  similar agreement on behalf of the alien, who is not an individual sponsor's
				  child. Such affidavit or agreement must be verified before application of this
				  rule.
(1)
Organizational
				sponsor.
Aliens who have a support affidavit from an organizational
				sponsor are ineligible for a period of three years from the date of entry into
				the U.S. unless the sponsoring agency has ceased to exist or is unable to meet
				the alien's financial need. The case record must contain documentation of the
				reason the organization is not meeting the need.
(2)
Individual sponsor.
To
				determine eligibility and benefit amount, an alien who was sponsored must
				provide any information and documentation necessary to determine the income and
				resources of the sponsor and obtain the necessary sponsor's cooperation. The
				income and resources of a sponsor and his or her spouse, if living with the
				sponsor, are considered as the unearned income and resources of an alien unless
				the sponsor is receiving TANF or Supplemental Security Income (SSI).
(A) The amount of the sponsor's income
				considered is determined:
(i) as total monthly
				gross earned income minus 20%, not to exceed $175, plus total monthly unearned
				income;
(ii) by subtracting the
				need standard for the sponsor and his or her dependents living in the home
				shown on Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum
				Income, Resource, and Payment Standards, Schedule IX.A;
(iii) by subtracting amounts actually paid by
				the sponsor to dependents outside of the home who are claimed by the sponsor as
				dependents, to determine his or her federal personal income tax liability;
				and
(iv) by subtracting actual
				payments of alimony or child support to individuals not living in the
				household.