SECTION 340:75-13-28. Social Security Administration and Veterans Affairs benefits

(a)   Benefits. Social Security Administration (SSA) benefits are based on the child's wage earner's work record and are paid due to the wage earner's death, retirement, or disability. Entitlement to Veterans Affairs (VA) benefits may be due to a deceased, disabled, or retired parent's service connected or nonservice connected military record.

(b)   Oklahoma Department of Human Services (DHS) as payee for a child's benefits. When a child who receives or may be eligible to receive SSA or VA benefits, and for whom DHS is paying the full amount of the child's cost of care, is placed in DHS custody and out-of-home placement, Child Welfare Services (CWS) Finance and Business Operations (FBO) applies to become payee for these benefits.

(1)   To ensure the application for, and transfer of SSA or VA benefits, the:

(A)   child welfare (CW) specialist within 10-business days after the child's placement or when potential eligibility is recognized, emails notification to the FBO Social Security specialist requesting an initial eligibility determination for a child in out-of-home placement;

(B)   assigned custody specialist, within 10-business days after the child's placement, emails notification to the FBO Social Security specialist to request that the payee be changed to DHS; and

(C)   CW specialist, within 10-business days, emails the FBO Social Security specialist when the:

(i)   child's placement type changes; or

(ii)   child is released from DHS custody or DHS paid care.

(2)   The youth who remains in school beyond 18 years of age to complete his or her high school education remains eligible for SSA and VA benefit payments until he or she turns 19 years of age or graduates when still in high school. If the youth is not competent to manage his or her money and pay for his or her cost of care, DHS remains the payee for benefits. The CW specialist:

(A)   receives, from the FBO Social Security specialist, Forms SSA-1372, Advance Notice of Termination of Child's Benefits, and Form SSA-4164, Student Statement Regarding School Attendance, and a letter that allows DHS to remain the payee. The CW specialist returns the completed forms to the FBO Social Security specialist;

(B)   assists the youth in applying for a Disabled Adult Child case with SSA; or

(C)   discusses alternatives to DHS paid care that are consistent with self-support and self-sufficiency goals, when the youth does not want to make the benefit payments available to DHS to defray the cost of care.

(c)   Placement provider as payee for a child's benefits. The kinship, paid, or non-paid placement provider submits completed Form 04FC011E, Placement Agreement for Out-of-Home Care, to the local SSA office to apply as the eligible child's payee. The CW specialist assists the placement provider complete the form.

(1)   Benefits. When the SSA benefit is:

(A)   equal to or greater than the foster care payment, the placement provider receives the full benefit and no payment from DHS for the child's care; or

(B)   less than the foster care payment, the placement provider may receive a partial foster care payment that is reduced dollar-for-dollar based on the amount of the SSA benefit.

(2)   Eligibility for paid placement provider. The DHS paid placement provider may apply as representative payee for a child when the child is an SSA recipient placed with the placement provider continuously for nine or more months.

(d)   Beneficiary as payee for a child's benefits. The youth who remains in school beyond 18 years of age to complete his or her high school education remains eligible for SSA and VA payments until he or she turns 19 years of age or graduates from high school.

(1)   If the youth is capable of managing money, the CW specialist or placement provider:

(A)   submits Form SSA-1372, Student Statement Regarding School Attendance, to the local SSA office;

(B)   explains to the youth that he or she must pay the placement provider at the current rate;

(C)   explores alternative placements with the youth that are consistent with the goals of self-support and self-sufficiency if he or she does not want to pay the cost of care; and

(D)   notifies the placement provider that DHS may pay a foster care payment reduced dollar-for-dollar based on the SSA benefit when the benefit is less than the foster care payment.

(2)   If the youth is not capable of managing money and DHS is not paying the full cost of care, the placement provider works with SSA to determine the payee for his or her benefits.

[Source: Amended at 10 Ok Reg 3987, eff 7-13-93 (emergency); Amended at 11 Ok Reg 505, eff 11-15-93 (emergency); Amended at 11 Ok Reg 1733, eff 5-12-94; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 22 Ok Reg 875, eff 5-12-05; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 2196, eff 7-1-07; Amended at 37 Ok Reg 1850, eff 9-15-20]