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

  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.

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[Source: 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; Amended at 32 Ok Reg 1839, eff 9-15-15]