Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 5 - Emergency Financial Assistance › Section 770:15-5-3 - Policies and basis for claims

Current through Vol. 41, No. 20, July 1, 2024
(a) $1,000.00 is the maximum amount payable
				to a family in any one fiscal year.
(b) Payments are made only in cases where
				there is a temporary emergency due to illness, disability, death or disaster.
				In the event of desertion, an affidavit from the spouse is required.
(c) Unemployment is not a basis for payment
				of emergency aid funds. If the veteran has not been employed previous to the
				application for emergency aid and has been unemployable or retired, then
				illness or injury cannot be used as reason for the emergency.
(d) The handling, allowing, disallowing and
				supervision of emergency aid funds are vested in the Headquarters office with
				the Executive Director. The decisions will be made by a panel of at least three
				members from the Central Office and/or Claims Office staff and recommendation
				made to the Executive Director for his or her final approval. The Executive
				Director, at his or her sole discretion, may present cases to the War Veterans
				Commission. Matters of policy are presented to the Commission.
(e) In cases where the applicants
				misrepresent length of residence or income, the Executive Director makes a
				complete investigation of the case before payment is made. If there is fraud
				connected with the case, it is referred to the War Veterans Commission with a
				recommendation from the Executive Director. The War Veterans Commission may
				suspend future eligibility of the applicants and may refer unusual cases to the
				Attorney General for appropriate action.
(f) Claimants who have applied for emergency
				aid more than once will have their files closely reviewed to determine if the
				claimant is attempting to obtain funds from the emergency aid program as a
				continuing source of yearly income. Apparent claims of this nature will be
				referred back to the post service officer for further investigation or will be
				denied if so determined by the reviewing panel or the Executive
				Director.
(g) Emergency aid will
				not be granted where regular monetary benefits are received from the Department
				of Human Services, if Oklahoma Department of Veterans Affairs emergency aid
				would cause the Department of Human Services benefits to be
				discontinued.
(h) Residence outside
				the state for purposes of Veterans Administration hospitalization or
				domiciliary care does not count against the veteran to meet the one year
				residence immediately prior to application. Cases of this nature will be
				handled on an individual basis. The intent should be the controlling factor in
				arriving at a determination of eligibility.
(i) In the event of a hardship created by an
				illness where the veteran is not employed (see (c) of this section); or by loss
				of a V.A., Social Security, retirement check, etc., the circumstances will be
				reviewed with consideration given to the humanitarian outcome if
				denied.
(j) The Oklahoma Department
				of Veterans Affairs will establish internal operating procedures for the
				expeditious processing of emergency aid claims.
(k) The procedures in (a) through (j) of this
				Section may include the development of forms, letters of instruction to
				veterans services organization post service officers, checklists for the use of
				review panels, and correspondence to claimants.
(l) The Department of Veterans Affairs will
				accept the discharge or statement of service in determining eligibility for
				financial assistance. Unless the veteran has a service connected disability as
				certified by the Veterans Administration or the appropriate branch of military
				service, he must have ninety days continuous service extending into or out of
				wartime in order to be eligible. Honorable discharges are accepted without
				question. For Bad Conduct, Undesirable and other types, the department will ask
				the Veterans Administration for a determination as to whether or not the
				veteran was discharged under other than dishonorable conditions.
Amended at 19 Ok Reg 250, eff 8-17-01 (emergency) ;
					 Amended at 19 Ok Reg 2747, eff 7-11-02 ; Amended at 30 Ok Reg 1486, eff
					 6-27-13