SECTION 340:10-3-30. Consideration of income of a relative-payee other than a natural or adoptive parent

  A relative-payee can only be included in the assistance unit when the natural or adoptive parent is not in the home and the relative meets the definition of a needy caretaker. A stepparent can be included in the assistance payment when the natural or adoptive parent is either incapacitated or not in the home.

(1)   If a relative-payee is not eligible to be included in the Temporary Assistance for Needy Families (TANF) assistance unit or is eligible but does not request to be included, consideration is not given to the income of this relative-payee or the income of his or her spouse in determining the eligibility of the child(ren). However, if that person is the stepparent, the policy on stepparent income is applicable. If the relative-payee requests to be included in the TANF assistance unit, the relative must meet the definition of needy caretaker. A relative-payee without a spouse is eligible as a needy caretaker if the gross monthly income of the assistance unit does not exceed the monthly maximum gross income. If the income does not exceed the monthly maximum gross income, the net income must not exceed the payment standard.

(2)   Only one needy caretaker is eligible to be included in the TANF assistance unit. If a relative payee is married and living with the spouse who is an Supplemental Security Income (SSI) or State Supplemental Payment (SSP) recipient, the spouse's income is not considered in determining the eligibility of the needy caretaker. The relative payee who is married and living with the spouse who is not an SSI or SSP recipient meets the definition of needy caretaker if the gross monthly income of the couple does not exceed the monthly maximum gross income for two persons. Any income of the spouse is computed the same as stepparent income to determine the amount available to the needy caretaker and used in determining the TANF benefit.

[Source: Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 16 Ok Reg 3371, eff 7-1-99 (emergency); Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive)]