Okla. Stat. tit. 56, § 56-165
This is the official text of Okla. Stat. tit. 56, § 56-165, part of Oklahoma’s Stat. tit. 56, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 56,." Browse the sections below, each linked to its official government source.
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Amount of assistance
Official statutory text
A. 1. The amount of assistance which any person shall receive
under the provisions of this act shall be determined with due regard
to the resources, to income and need of the individual and other
conditions existing in each case and in accordance with funds
available and rules of the Commission for Human Services, but in no
case shall it be an amount which, when added to the income of the
applicant from all other sources, is more than necessary to provide
such person with reasonable subsistence compatible with decency and
health.
2. The cash or loan value of all life insurance policies, and
all revocable and irrevocable contracts for prepaid funeral
benefits, as defined by Sections 6121 through 6135 of Title 36 of
the Oklahoma Statutes, and all monies set aside in a separate
account and specifically designated for funeral expenses of an
Oklahoma Statutes - Title 56. Poor Persons Page 49
applicant for and recipient of public assistance shall be considered
as a resource available to meet the needs of the applicant.
However, the following accruals by the applicant for and recipient
of public assistance shall not be considered:
a. One Thousand Five Hundred Dollars ($1,500.00) cash
value of the policies or revocable contracts or
designated accounts or any combination thereof,
provided the cash value does not exceed One Thousand
Five Hundred Dollars ($1,500.00), or
b. Ten Thousand Dollars ($10,000.00) plus accrued
interest in an irrevocable contract, designated
account or cash value in insurance policies, or Ten
Thousand Dollars ($10,000.00) plus accrued interest in
any combination of irrevocable account, designated
account, or cash value in insurance policies.
3. If the recipient receives any money from the policies or
revocable contracts or designated accounts before the recipient's
death, the amount received shall be considered as a resource
available to meet the recipient's needs, provided, that an amount
not to exceed One Thousand Five Hundred Dollars ($1,500.00) from all
policies may be used for prepaid burial expenses of the recipient.
B. It shall be the duty of the Commission for Human Services,
in conformity with the Federal Social Security Laws and in regard to
funds available, to revise and liberalize the budget as now used in
ascertaining the need of any person eligible to receive assistance,
and, in so doing, the increased cost of living and condition of
health of such person shall be given due consideration.
C. 1. Except as otherwise provided in this subsection, the
limitations specified pursuant to paragraph 2 of subsection A of
this section shall apply to the cash or loan value of all life
insurance policies and all revocable and irrevocable contracts for
prepaid funeral benefits and all monies set aside in a separate
account and specifically designated for funeral expenses of an
applicant for or recipient of public assistance which were entered
into or created prior to July 1, 1986, and on and after July 1,
1985.
2. Any person who entered into an irrevocable life insurance
policy or irrevocable contract for prepaid funeral expenses prior to
July 1, 1986, which exceeds the maximum limitation specified by
paragraph 2 of subsection A of this section, and who is receiving
assistance on July 1, 1986, is eligible to continue to receive such
assistance provided such recipient does not add to or otherwise
increase such irrevocable policy or contract.
Added by State Question No. 226, Initiative Petition No. 155, § 5,
adopted July 7, 1936. Amended by Laws 1939, p. 89, § 5, emerg. eff.
May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws
1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1,
Oklahoma Statutes - Title 56. Poor Persons Page 50
emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May
28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws
, § 5,
adopted July 7, 1936. Amended by Laws 1939, p. 89, § 5, emerg. eff.
May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws
1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1,
Oklahoma Statutes - Title 56. Poor Persons Page 50
emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May
28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws
1986, c. 139, § 1, operative July 1, 1986; Laws 1998, c. 231, § 1,
emerg. eff. May 20, 1998; Laws 2009, c. 286, § 1, eff. Nov. 1, 2009.
under the provisions of this act shall be determined with due regard
to the resources, to income and need of the individual and other
conditions existing in each case and in accordance with funds
available and rules of the Commission for Human Services, but in no
case shall it be an amount which, when added to the income of the
applicant from all other sources, is more than necessary to provide
such person with reasonable subsistence compatible with decency and
health.
2. The cash or loan value of all life insurance policies, and
all revocable and irrevocable contracts for prepaid funeral
benefits, as defined by Sections 6121 through 6135 of Title 36 of
the Oklahoma Statutes, and all monies set aside in a separate
account and specifically designated for funeral expenses of an
Oklahoma Statutes - Title 56. Poor Persons Page 49
applicant for and recipient of public assistance shall be considered
as a resource available to meet the needs of the applicant.
However, the following accruals by the applicant for and recipient
of public assistance shall not be considered:
a. One Thousand Five Hundred Dollars ($1,500.00) cash
value of the policies or revocable contracts or
designated accounts or any combination thereof,
provided the cash value does not exceed One Thousand
Five Hundred Dollars ($1,500.00), or
b. Ten Thousand Dollars ($10,000.00) plus accrued
interest in an irrevocable contract, designated
account or cash value in insurance policies, or Ten
Thousand Dollars ($10,000.00) plus accrued interest in
any combination of irrevocable account, designated
account, or cash value in insurance policies.
3. If the recipient receives any money from the policies or
revocable contracts or designated accounts before the recipient's
death, the amount received shall be considered as a resource
available to meet the recipient's needs, provided, that an amount
not to exceed One Thousand Five Hundred Dollars ($1,500.00) from all
policies may be used for prepaid burial expenses of the recipient.
B. It shall be the duty of the Commission for Human Services,
in conformity with the Federal Social Security Laws and in regard to
funds available, to revise and liberalize the budget as now used in
ascertaining the need of any person eligible to receive assistance,
and, in so doing, the increased cost of living and condition of
health of such person shall be given due consideration.
C. 1. Except as otherwise provided in this subsection, the
limitations specified pursuant to paragraph 2 of subsection A of
this section shall apply to the cash or loan value of all life
insurance policies and all revocable and irrevocable contracts for
prepaid funeral benefits and all monies set aside in a separate
account and specifically designated for funeral expenses of an
applicant for or recipient of public assistance which were entered
into or created prior to July 1, 1986, and on and after July 1,
1985.
2. Any person who entered into an irrevocable life insurance
policy or irrevocable contract for prepaid funeral expenses prior to
July 1, 1986, which exceeds the maximum limitation specified by
paragraph 2 of subsection A of this section, and who is receiving
assistance on July 1, 1986, is eligible to continue to receive such
assistance provided such recipient does not add to or otherwise
increase such irrevocable policy or contract.
Added by State Question No. 226, Initiative Petition No. 155, § 5,
adopted July 7, 1936. Amended by Laws 1939, p. 89, § 5, emerg. eff.
May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws
1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1,
Oklahoma Statutes - Title 56. Poor Persons Page 50
emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May
28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws
, § 5,
adopted July 7, 1936. Amended by Laws 1939, p. 89, § 5, emerg. eff.
May 9, 1939; Laws 1945, p. 180, § 1, emerg. eff. May 7, 1945; Laws
1951, p. 158, § 3, emerg. eff. June 1, 1951; Laws 1957, p. 456, § 1,
Oklahoma Statutes - Title 56. Poor Persons Page 50
emerg. eff. April 9, 1957; Laws 1971, c. 178, § 1, emerg. eff. May
28, 1971; Laws 1976, c. 290, § 1, emerg. eff. June 17, 1976; Laws
1986, c. 139, § 1, operative July 1, 1986; Laws 1998, c. 231, § 1,
emerg. eff. May 20, 1998; Laws 2009, c. 286, § 1, eff. Nov. 1, 2009.
Status: in_force · Read it on the official government site
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