Per Section 273.24(g) of Title 7 of the Code of Federal Regulations , Oklahoma Human Services (OKDHS) may provide an exemption from the three-countable months during any 36-month period rule for ABAWDs, per Oklahoma Administrative Code (OAC) 340:50-5-100(b), for up to eight percent of eligible ABAWDs per federal fiscal year.

1. (1) Eligible ABAWD. An eligible ABAWD is a food benefit recipient or applicant denied eligibility solely because he or she received three-countable months during the current 36-month period. This includes an ABAWD, who is not:
2. (A) exempt from ABAWD work requirements, per OAC 340:50-5-100(d);
3. (B) fulfilling work requirements, per OAC 340:50-5-100(a); or
4. (C) receiving Supplemental Nutrition Assistance Program food benefits because he or she regained eligibility for three-consecutive months, per OAC 340:50-5-100(e)(2).
5. (2) Tracking. OKDHS tracks the number of exemptions used each month and reports the information to the United States Department of Agriculture Food and Nutrition Services regional office on a quarterly basis.
6. (3) Eight percent exemption. OKDHS uses the allowable eight percent exemptions to extend food benefit eligibility to all ABAWDs whose eligibility OKDHS extended more than three-countable months in error. Each exemption covers one month issued in error.

Added at 35 Ok Reg 1659, eff 9-17-18

Amended at 37 Ok Reg 122, eff 10-2-19 (emergency)

Amended at 37 Ok Reg 1836, eff 9-15-20

Amended at 41 Ok Reg, Number 23, effective 9-14-24