Okla. Admin. Code § 340:50-5-7 - Households or household members participating in a food distribution program (FDP) operated by Indian tribal organizations (ITO)

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

There are several ITOs operating FDPs in Oklahoma. Households or any member of a household participating in a FDP are not eligible to participate in the Oklahoma Department of Human Services (DHS) Supplemental Nutrition Assistance Program (SNAP) for the same month.

(1) A household may elect to participate in the FDP instead of SNAP when the household:
(A) includes at least one adult household member of any Indian tribe; and
(B) lives within the boundaries of an ITO location in a rural area or in a town with a population of less than 10,000 persons.
(2) A household may switch between the FDP and SNAP as long as there is no dual participation for any member for the same month.
(3) To ensure dual participation does not occur, exchange of client benefit information between ITO and DHS is needed.
(A) The worker is responsible for calling the appropriate ITO when there are indications an applicant or recipient meets FDP eligibility criteria, before approving or renewing food benefits.
(i) ITOs in Oklahoma are listed on DHS Appendix D-4-C, Indian Food Distribution Programs.
(ii) When calling, the worker verifies if the household currently receives FDP and if the household was certified since the date of the last inquiry.
(iii) When an FDP case is open, the worker must verify, by phone call to or written notice from the FDP office, that FDP benefits are closed before certifying a household for food benefits.
(B) The FDP office contacts the county office to determine if the household receives food benefits before approving the household for a FDP. The worker provides the ITO with information pertinent to participation in, or eligibility for SNAP food benefits.
(4) When the worker discovers the household received FDP benefits and SNAP food benefits for the same month or months, the household is responsible for repaying the overpayment to DHS or the ITO. When the household was receiving FDP benefits at the time of SNAP certification, it is a SNAP food benefit overpayment.
(5) When a client is disqualified from FDP or SNAP, he or she is prohibited from receiving benefits from the other program per Section 273.11(k) of Title 7 of the Code of Federal Regulations ( 7 C.F.R. § 273.11(k) ).

Notes

Okla. Admin. Code § 340:50-5-7

Amended at 9 Ok Reg 3406, eff 5-13-92 (preemptive) ; Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency) ; Amended at 10 Ok Reg 1821, eff 4-26-93 ; Amended at 20 Ok Reg 872, eff 6-1-03 ; Amended at 26 Ok Reg 840, eff 6-1-09 ; Amended at 30 Ok Reg 675, eff 6-1-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016 Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

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