SECTION 340:15-1-6. Special requirements

(a)   Solicitation of alms. Per Section 164 of Title 56 of the Oklahoma Statutes, a recipient of a State Supplemental Payment (SSP) for the blind must not solicit alms while receiving SSP. Soliciting alms means collecting donations for one's personal benefit, selling minor articles when selling is merely a subterfuge for collecting donations, and any similar activities. It does not include house-to-house sale of articles carried on as a regular established occupation. The client's statement regarding solicitation of alms is sufficient verification when there are no facts to the contrary.

(b)   Minor child who is blind or disabled. To determine SSP eligibility for a child who is blind or disabled, the income and resources of the parent(s) with whom the child is living are considered unless the parent(s) is included in a SSP or Temporary Assistance for Needy Families (TANF) application or benefit.

(1)   Deeming of income. A natural or adoptive parent(s)', or step-parent's income must be deemed to a minor child, who is blind or disabled, and younger than 18 years of age, when determining the child's eligibility for SSP. An ineligible child's income is not deemed to the blind or disabled child. The parent(s)' income is not deemed when the eligible child resides in a nursing care facility.

(2)   Deeming of resources. When a minor child, who is blind or disabled lives with his or her parent(s), the parent(s)' resources in excess of the resource standard, per Oklahoma Department of Human Services (DHS) Appendix C-1, Schedule VIII.D, are deemed to the child unless the parent(s) receives Supplemental Security Income (SSI), SSP, or is included in a TANF cash assistance payment or the child resides in a nursing care facility. When there is more than one eligible child in the home, the parent(s)' excess resource amount is prorated between the eligible children.

(3)   When the child is ineligible for SSP. When a child with intellectual disabilities is ineligible for SSP due to deeming his or her parent(s)' income and/or resources, the child may be approved for SoonerCare (Medicaid) benefits under the Home and Community-Based Waiver (HCBW) Services for persons with intellectual disabilities, per Oklahoma Administrative Code (OAC) 317:35-9. When the child is not eligible for HCBW, the child may be eligible for SoonerCare (Medicaid) benefits under the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248), known as TEFRA, per OAC 317:35-5-4 and 317:35-7-36.

(c)   Age.

(1)   SSP age requirement for the aged. An individual must be 65 years of age and older to meet the age requirement for SSP for the aged. Eligibility is verified by the Social Security Administration or other records, such as a birth certificate, insurance policies, family records, or census records.

(2)   SSP age requirement for the blind. There is no age requirement to receive SSP for the blind. When a child, who is blind is younger than 16 years of age, his or her age must be verified in order to establish the need for designating a parent or guardian as payee. When a recipient receiving SSP for the blind reaches 65 years of age, he or she is transferred to the category for the aged.

(3)   SSP age requirement for the disabled. To be eligible for a SSP for the disabled, an applicant or recipient must be younger than 65 years of age. A parent or guardian must be designated as payee when a child who is disabled is younger than 16 years of age. When a recipient receiving SSP for the disabled reaches 65 years of age, he or she is transferred to the category for the aged.

(d)   Fleeing felon. A fleeing felon is not eligible for a SSP. Per Section 1382(e)(4) of Title 42 of the United States Code, a fleeing felon is defined as a person who:

(1)   is fleeing to avoid prosecution, custody, or confinement, after conviction under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or in a jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed;

(2)   is violating a condition of probation or parole imposed under federal or state law; or

(3)   lost SSI benefits due to being a fleeing felon.

(e)   Overpayments. A client may incur an SSP overpayment for any month in which he or she receives a SSP after SSI benefits close and the client's income is above the SSP standard, per DHS Appendix C-1 or the client received a larger SSP than he or she was eligible to receive. The worker documents and computes the overpayment amount that includes any premiums for Health Insurance Benefits paid by the Oklahoma Health Care Authority on behalf of an ineligible client and sends the overpayment referral to Adult and Family Services Benefit Integrity and Recovery for establishment and collection, per OAC 340:65-9.

[Source: Amended at 21 Ok Reg 2370, eff 7-1-04; Amended at 26 Ok Reg 814, eff 6-1-09; Amended at 36 Ok Reg 1785, eff 9-16-19]