Okla. Admin. Code § 340:50-5-5 - Non-household members

Current through Vol. 39, No. 14, April 01, 2022

Persons residing in a household who cannot be considered household members are termed non-household members and are not considered in determining the household's eligibility or food benefit allotment. Non-household members are described in (1) through (6) of this Section. Except for ineligible students, persons who cannot be a separate food benefit household per Oklahoma Administrative Code (OAC) 340:50-5-3 are not considered non-household members.

(1) Roomers. Roomers are persons to whom the household furnishes lodging for compensation, but not meals.

(2) Boarders. Per Section 273.1(b)(3) of Title 7 of the Code of Federal Regulations, 7 C.F.R. § 273.1(b)(3), boarders are residents of a commercial boarding house and persons to whom the household furnishes lodging and meals and who pay a reasonable monthly payment for board.

(A) A commercial boarding house is defined as an establishment that offers meals and lodging for compensation with the intention of making a profit. The number of boarders residing in a boarding house cannot be used to determine if a boarding house is a commercial enterprise.

(B) Households containing a boarder or the proprietor of a commercial boarding house may participate in the program, separate and apart from the boarders or residents of the boarding house, when the household meets all of the eligibility requirements for participation.

(C) To be considered a reasonable monthly payment for board, a boarder whose arrangement is for:

(i) more than two meals per day must pay an amount that equals or exceeds the maximum food benefit allotment amount for the appropriate boarder household size as shown on Oklahoma Department of Human Services (DHS) Appendix C-3, Maximum Food Benefit Allotments and Standards for Income and Deductions; or

(ii) two meals or less per day must pay an amount that equals or exceeds two-thirds of the food benefit allotment for the appropriate boarder household size as shown on DHS Appendix C-3.

(D) Boarder status cannot be extended to persons paying less than a reasonable monthly payment for meals as described in this paragraph. Persons furnished both meals and lodging by a household but paying less than a reasonable monthly payment are considered members of the household which provides the meals and lodging.

(3) Children in foster care or children placed by Developmental Disabilities Services (DDS). Children in foster care or children placed by DDS with extended family care providers must be considered boarders unless the household providing care requests the children be included as food benefit household members. The children cannot participate in the Supplemental Nutrition Assistance Program independently of the household providing the foster care or DDS services.

(A) Foster care payments and DDS room and board reimbursements are considered as income to the children and are:

(i) not included as income to the household caring for the children when the children are not included in the food benefit household; and

(ii) counted as income to the household when the host household chooses to include the children as members of the food benefit household.

(B) The income paid to the extended family care provider by DDS for care rendered is counted as earned income to the provider.

(4) Live-in attendants. Live-in attendants are persons who reside in a household to provide medical, housekeeping, child care, or other similar services.

(5) Students. Students are persons enrolled in an institution of higher education who are ineligible because they fail to meet the eligibility criteria in OAC 340:50-5-45(a).

(6) Others. Others are persons who share living quarters with the household but who do not customarily purchase food or prepare meals with the household.

Notes

Okla. Admin. Code § 340:50-5-5

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 15 Ok Reg 165, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1623, eff 5-11-98; Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 26 Ok Reg 840, eff 6-1-09

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017