SECTION 340:65-3-6. Cash assistance payment procedures

(a)   Payment method choices. The Oklahoma Department of Human Services (DHS) issues cash assistance benefits through a contractor on a debit card or by direct deposit. DHS initially issues the benefit on a debit card.

(1)   After the first benefit issues, the recipient may continue to receive benefits by debit card or change the payment method to direct deposit.

(2)   The recipient may switch between direct deposit and debit card as needed.

(b)   Debit card procedures. Debit card procedures are listed in (1) through (6) of this subsection.

(1)   Unless the applicant was previously issued a debit card, it is issued to the applicant after the application is placed in application status or after benefits are approved.

(A)   A debit card issues after the application is placed in application status when the applicant was previously issued a client number. DHS assigns a client number to a person after he or she is approved for a DHS benefit or when the person has an open child support case with DHS Child Support Services (CSS).

(B)   When the applicant does not have a client number, the debit card issues after the worker certifies the Temporary Assistance for Needy Families (TANF) or State Supplemental Payment (SSP) benefit.

(C)   DHS does not issue a debit card to an applicant when he or she was previously issued a debit card. When the applicant states he or she no longer has the debit card, the applicant must call 1-888-401-9843, the contractor's customer service phone number, to obtain a replacement card.

(2)   Once the applicant receives the debit card, he or she must call the customer service phone number located on the back of the debit card to activate the card and choose a personal identification number (PIN).

(3)   Initial and replacement debit cards are mailed to the applicant or recipient's mailing address along with information regarding

(A)   the customer service phone number the applicant must call to activate the debit card or to report a lost or stolen card;

(B)   how to make purchases using the debit card or get cash from participating automated teller machine (ATM) locations;

(C)   free services, including two free ATM withdrawals per calendar month from MoneyPass ATMs, and fees;

(D)   how to request a companion cardholder or switch to direct deposit; and

(E)   the website address where the applicant may access his or her account balance and transaction information.

(4)   The recipient is eligible for a free replacement card once every 12 months upon request. The recipient is charged a fee when he or she requests a replacement card more than once every 12 months. The debit card expires every three years and a free replacement is sent to recipients with open benefits.

(5)   The recipient may request one or more companion cards. The companion card(s) may only be ordered online.

(A)   The companion card is sent to the recipient's address.

(B)   Once the companion cardholder receives the companion card, he or she must call the customer service phone number located on the back of the debit card to activate the card and choose a PIN.

(C)   Funds are placed on the companion card by the recipient. The recipient may:

(i)   choose to transfer funds to the companion card by amount or by a percentage of benefits received for the month;

(ii)   set up the transfer on a recurring basis or as a one-time occurrence; and

(iii)   move money back and forth between the primary account and the companion card as he or she chooses.

(D)   The same fees apply to companion cards as they do for the recipient's card.

(6)   When the recipient informs the worker that he or she did not receive the debit card, the worker checks to see if the recipient's address changed. When the address changed, the worker updates the system with the correct address. The recipient must call the customer service phone number to request a replacement card.

(7)   When the recipient fails or refuses to activate his or her debit card within 90-calendar days, the benefits are expunged from the debit card and returned to DHS.

(A)   Upon notification of expunged benefits, the worker contacts the recipient to offer assistance in pinning the debit card.

(i)   When the worker is unable to reach the recipient by phone, he or she sends Form 08AD092E, Client Contact and Information Request, and gives the recipient 10-calendar days to contact the worker.

(ii)   When the worker talks to the recipient, he or she determines why the recipient did not choose a PIN for the debit card and offers assistance. The worker advises the recipient to choose a PIN for the debit card within 10-calendar days and let the worker know when it is pinned so he or she can restore expunged benefits to the debit card. When the client does not contact the worker within 10-calendar days to reissue the expunged benefits, the worker sends Form 08AD092E and gives the client 10- calendar days to respond.

(B)   The funds may be reloaded on the recipient's debit card if he or she chooses a PIN for the debit card and requests DHS reissuance within 365-calendar days of the issuance date.

(C)   When the recipient fails or refuses to choose a PIN for the debit card within 10-calendar days of issuing Form 08AD092E, the worker closes the cash assistance benefit due to non-cooperation. When the:

(i)   TANF cash assistance benefit closes due to non-cooperation, the assistance unit's SoonerCare (Medicaid) benefit closes. When the recipient wants to continue to receive SoonerCare (Medicaid) benefits, he or she must reapply through the Oklahoma Health Care Authority's online enrollment system; or

(ii)   State Supplemental Payment cash assistance benefit closes due to non-cooperation, the recipient's SoonerCare (Medicaid) benefit remains open.

(D)   The recipient's cash assistance benefit may be reopened when the recipient chooses a PIN for the debit card and notifies the worker within 30-calendar days of closure.

(c)   Electronic benefit transfer (EBT) transaction restrictions. EBT transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or service. Per Section 4004 of the Middle Class Tax Relief and Job Creation Act of 2012, Section 608(a) of Title 42 of the United States Code (42 U.S.C. § 608(a)(12)), and Section 241.4 of Title 56 of Oklahoma Statutes, no debit or EBT card containing state or federal funds from programs including, but not limited to, TANF may be used in any transaction in any:

(1)   liquor store. The term liquor store means any establishment that sells exclusively or primarily intoxicating liquor. The term does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods, per Section 3(r) of the Food and Nutrition Act;

(2)   casino, gambling casino, or gaming establishment except for:

(A)   a grocery store that sells groceries, including staple foods, per 7 U.S.C. § 2012, and also offers, or is located within the same building or complex as an establishment offering casino, gambling, or gaming activities; or

(B)   any other establishment offering casino, gambling, or gaming activities incidental to the principal purpose of the business;

(3)   retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(4)   retail establishment whose principal business is that of selling cigarettes, cigars, or tobacco products.

(d)   Direct deposit procedures. When the recipient prefers to receive benefits through direct deposit, he or she goes online to www.goprogram.com or phones 1-888-401-9843 to set up a bank transfer.

(1)   When the recipient chooses direct deposit, he or she may decide to transfer 100 percent of the benefit to a designated bank account or may choose to transfer a percentage of the benefits to a bank account and keep the rest of the funds on the debit card.

(2)   Benefits are transferred to direct deposit for the next payment due after direct deposit information is entered in the system.

(3)   The recipient may transfer funds from a debit card to a bank account on a one-time basis. There is a fee associated with the transfer.

(e)   Benefit issuance. After the initial issuance, the recipient's cash assistance benefit is deposited in the recipient's checking or savings account or loaded on the recipient's debit card each month.

(1)   The funds are available for withdrawal after deposit.

(2)   After the monthly benefit is deposited in the recipient's account or loaded on the debit card, DHS is not responsible if someone other than the payee withdraws the funds. Banking regulations govern withdrawals.

(3)   Recipients are encouraged to be prudent about giving withdrawal privileges or debit card access to other people.

(f)   Issuance problem procedures. When problems occur with direct deposit or debit card deposits, procedures for dealing with these problems are listed in (1) through (5) of this subsection.

(1)   When the recipient provides incorrect account information, the cash assistance benefit cannot be deposited in the recipient's bank account. When this occurs, the contractor converts the payment method to a debit card. When the recipient wants direct deposit, he or she must request direct deposit again, per (d) of this Section.

(2)   When a deposit is not made to the recipient's direct deposit account or loaded on the debit card, the recipient must report the problem to the contractor's customer service phone number. The contractor handles any communication with banking institutions or debit card vendors and then contacts the recipient regarding resolution.

(3)   When the recipient dies while receiving benefits, questions may arise concerning unspent funds in the recipient's bank account or on his or her debit card.

(A)   When the client is not eligible for a payment made after death to the recipient's debit card or bank account, an overpayment may be established against the estate.

(i)   DHS notifies the debit card contractor to expunge the funds from the debit card, when possible.

(ii)   Payments made by direct deposit, cannot be expunged or retrieved.

(B)   When there are unused benefits on the debit card at the time of death for which the recipient was entitled and someone contacts DHS to request these benefits, he or she is advised to contact the customer service phone number located on the back of the recipient's debit card to request the funds. When unused funds remain in a bank account, the person must contact the financial institution to request the funds.

(4)   When the recipient's cash assistance benefit closes due to transfer of eligibility to another cash assistance case, the payment method is automatically transferred to the new case provided the client number of the payee in the closed and new case is the same. When the recipient's cash assistance benefit closes and he or she later reapplies and is approved with the same client number, the previously chosen payment method is used to issue the cash assistance benefit. The recipient must call the contractor's customer service phone number to change the payment method or to update bank account information.

(5)   When the payee for the cash assistance benefit changes for any reason, the new payee is assigned a new client number unless one was previously issued to him or her.

(A)   The new payee is considered an applicant. Refer to (a) and (b) of this Section regarding payment methods and initial payments.

(B)   The new payee does not have access to benefits issued prior to the payee change.

[Source: Amended at 10 Ok Reg 471, eff 11-30-92 (emergency); Amended at 10 Ok Reg 2343, eff 6-11-93; Amended at 11 Ok Reg 1347, eff 3-14-94 through 7-14-95 (emergency); Amended at 13 Ok Reg 353, eff 12-11-95; Amended at 18 Ok Reg 2096, eff 7-1-01; Amended at 25 Ok Reg 958, eff 6-1-08; Amended at 26 Ok Reg 1272, eff 6-1-09; Amended at 28 Ok Reg 880, eff 6-1-11; Amended at 31 Ok Reg 640, eff 7-1-14 (emergency); Amended at 32 Ok Reg 1896, eff 9-15-15; Amended at 34 Ok Reg 1544, eff 9-15-17; Amended at 36 Ok Reg 1849, eff 9-16-19]