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 340:10-3-26 - General provisions regarding income

Current through Vol. 41, No. 20, July 1, 2024
Income is defined as gain, payment, or proceeds from labor,
					 business, property, retirement, and other benefits. All available income,
					 except that required to be disregarded by law or the Oklahoma Department of
					 Human Services (DHS) policy, is taken into consideration in determining
					 eligibility for Temporary Assistance for Needy Families (TANF) cash assistance.
					 Income is considered available when actually received. When an individual's
					 income is reduced due to recoupment of an overpayment or a garnishment, the
					 gross amount before the recoupment or garnishment is counted as income. The
					 individual is responsible for reporting all income, the source, amount, and
					 regularity of receipt.
(1) Income
				  received on behalf of a member of the assistance unit by another individual ,
				  such as, but not limited to, a guardian or conservator, is considered available
				  to the assistance unit.
(2) Money
				  received and used for the care and maintenance of a third party not included in
				  the assistance unit is not counted as income when it is identified and verified
				  as intended for third party use. The income of a stepparent or a person acting
				  in the role of a spouse is considered per Oklahoma Administrative Code (OAC)
				  340:10-3-57(e).
(3) If it appears any member of
				  the TANF assistance unit or an individual whose income and resources are
				  considered per OAC
				  340:10-3-57(e)
				  is eligible for any type of income or benefits, the worker uses Form 08AD092E,
				  Client Contact and Information Request, to notify the assistance unit in
				  writing. Form 08AD092E contains the information that failure to apply for and
				  take all appropriate steps to obtain such benefits within 30 -calendar days
				  from the date of the notice results in a determination of ineligibility.
				  Supplemental Security Income (SSI) does not fall under these types of
				  benefits.
(4) When spouses live
				  together or live apart, but there has not been a clear break in the family
				  relationship, income received by either spouse and income received jointly is
				  considered as family income.
(5)
				  Income received by a member of the TANF cash assistance unit cannot be diverted
				  to members receiving State Supplemental Payments or to meet the needs of a
				  stepparent.
(6) Any family member
				  receiving SSI is not included in a TANF benefit and the SSI income is not
				  considered in computing the TANF benefit.
(7) When an applicant's net income , after
				  applying applicable earned income exemptions per OAC
				  340:10-3-33,
				  meets or exceeds the payment standard for that month, the application is
				  denied.
(8) Refer to OAC
				  340:10-3-31.1 to determine whether the recipient is eligible for an earned
				  income disregard prior to closing the TANF cash assistance payment because of
				  earnings.
Amended at 10 Ok Reg
					 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
					 at 11 Ok Reg 157, eff 11-1-93 (emergency); Amended at 11 Ok Reg 1639, eff
					 5-12-94; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok
					 Reg 2167, eff 6-14-96; Amended at 14 Ok Reg 562, eff 12-12-96 (emergency);
					 Amended at 14 Ok Reg 947, eff 2-1-97 (emergency); Amended at 14 Ok Reg 1310,
					 eff 5-12-97; Amended at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15
					 Ok Reg 1602, eff 5-11-98; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency);
					 Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 20 Ok Reg 850,
					 eff 6-1-03