SECTION 340:75-13-29. Supplemental Security Income (SSI) - Disabled Children's program

(a)   SSI program. SSI is a federal program for which recipients must qualify based on disability criteria, household income, and resource criteria designated by the Social Security Administration (SSA).

(1)   To remain eligible for SSI, recipients may not accrue more than the maximum allowed by SSA.

(2)   Some children in Oklahoma Department of Human Services (DHS) custody receive, or may be eligible to receive, SSI benefits on the basis of physical, mental, or emotional criteria.

(3)   The SSI recipient remains eligible for SSI when his or her income, resources, and disability continue to meet SSI program criteria.

(b)   DHS as payee for a child's benefits.

(1)   The initial application is made by Child Welfare Services Finance and Business Operations (FBO) for a child who receives, or may be eligible to receive, SSI when the child:

(A)   is in DHS custody and DHS is paying the total cost of the child's care; and

(B)   appears eligible for SSI based on disability.

(2)   To ensure the application for, and transfer of benefits, the:

(A)   child welfare (CW) specialist completes and emails the FBO Social Security specialist, within 10-business days after the child's placement or as soon as the child's disabling condition is identified, using Form 04MP029E, Report of Social Security and Veterans Benefits for Children in Out-of-Home Placement, to request an initial eligibility determination;

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

(C)   CW specialist, within 10-business days, emails the FBO Social Security specialist when the child's placement type changes or the child is released from DHS custody or out-of-home placement.

(3)   DHS receives and monitors the child's benefits.

(A)   DHS receives the child's benefits until the child leaves DHS out-of-home placement when DHS is paying the full cost of the child's care.

(B)   FBO monitors each child's accrued funds and notifies the CW specialist by a KIDS-generated email when the limit is approached to give specific instructions regarding the spenddown of that child's money. Purchases made with the child's accrued benefits must be items that benefit the child and are specifically for that child. These items must follow the child to all subsequent placements.

(c)   Placement provider as payee for a child's benefits. The kinship, paid, or non-paid placement provider must be the child's established home for nine-consecutive months or longer before applying to be the child's payee. The CW specialist contacts the FBO Social Security specialist to assist the placement provider in completing the form.

(1)   Benefits. When the SSI 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.

(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 SSI benefit amount.

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

(d)   Beneficiary as payee for a youth's benefits. For a youth who remains in school beyond 18 years of age, the youth or the placement provider must apply as the eligible payee.

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

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

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

(C)   notifies the placement provider that DHS may pay a foster care payment reduced dollar for dollar based on the SSI benefit if the benefit is less than the foster care payment.

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

(e)   Referrals. Section 1615 of the Social Security Act provides for the referral by SSA of SSI recipients younger than 18 years of age to a designated state agency for provision of services to improve the child's disability. The Omnibus Reconciliation Act of 1981, Public Law 97-35, authorizes Oklahoma to operate a program for these children as a component of the Maternal and Child Health Block Grant. DHS is designated to administer this program in Oklahoma.

(1)   The purpose of SSI-Disabled Children's Program (DCP) is to ensure that all available services and resources are used, as necessary, to assist each eligible child to become a self-sustaining and self-supporting adult.

(2)   The Department of Rehabilitation Services Disability Determination Unit determines SSI eligibility for SSA and refers every SSI recipient, younger than 18 years of age, to Adult and Family Services Health-Related and Medical Services to maintain a control on all referrals.

[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]