Chapter 5101:1-23 Income

5101:1-23-01 Ohio works first (OWF): time-limited receipt of assistance.

(A) Federal time limit

No state may use any of its federal temporary assistance for needy families (TANF) funds (including commingled funds as set forth in rule 5101:1-1-01 of the Administrative Code) to provide assistance (as defined in paragraphs (E)(1) to (E)(4) of this rule and paragraph (B) of rule 5101:1-1-01 of the Administrative Code) to a family that includes an individual who meets one of the conditions set forth in paragraphs (C)(1) to (C)(5) of this rule, who has received assistance for a total of sixty cumulative months. The sixty months do not have to be consecutive months.

(B) State time limit

In Ohio, an assistance group is ineligible to participate in OWF if the assistance group includes an individual who meets one of the conditions set forth in paragraphs (C)(1) to (C)(5) of this rule, who has received OWF assistance for thirty-six months. This time limit applies regardless of whether the thirty-six months are consecutive. Ohio law provides for extensions of OWF beyond the thirty-six month limit, with the provision that no assistance group shall receive assistance under the OWF program in violation of the federal sixty-month time limit for receipt of TANF assistance. When an assistance group is receiving OWF cash assistance benefits on the basis of state hardship or good cause, as set forth in paragraphs (B)(1) and (B)(2) of this rule, such benefits continue to count toward the federal sixty-month time limit provided in paragraph (A) of this rule. The county department of job and family services (CDJFS) should examine the assistance group’s unique special circumstances that caused the need for an extension, and should address these special needs, barriers and conditions in the self-sufficiency contract. When an assistance group is receiving OWF cash assistance due to either a state hardship or good cause extension (as provided in paragraphs (B)(1) to (B)(2) of this rule), the assistance group is in receipt of OWF and as such is subject to all OWF eligibility requirements. The two types of extensions beyond the thirty-six month time limit that count toward the federal sixty-month limit are:

(1) State hardship

A CDJFS may exempt not more than twenty per cent of the average monthly number of OWF assistance groups from the thirty-six month limit on the grounds that the CDJFS determines that the time limit is a hardship. The twenty per cent calculation is set forth in rule 5101:1-23-01.1 of the Administrative Code. The CDJFS may not provide a state hardship extension until the assistance group has exhausted its thirty-six months of OWF assistance, as set forth in division (A) of section 5107.18 of the Revised Code.

(2) Good cause

An assistance group that has ceased to participate in OWF due to the thirty-six month time limit (i.e., the assistance group lost eligibility for OWF due to the thirty-six month time limit), as set forth in division (A) of section 5107.18 of the Revised Code and paragraph (B) of this rule, for at least twenty-four months, may be approved to participate in the program in accordance with rule 5101:1-2-01 of the Administrative Code, and the CDJFS shall determine whether good cause for a twenty-four month extension of OWF exists. There is no twenty per cent limit for the extension of OWF assistance under the good cause provision. The good cause extension provides an assistance group additional time to overcome existing barriers to self sufficiency. Good cause may include losing employment and inability to find employment (reference section 5107.26 of the Revised Code); divorce; domestic violence considerations; unique personal circumstances; and any other reason the CDJFS determines to be good cause for participating in OWF beyond the thirty-six month limit. The assistance group must provide verification pursuant to rule 5101:1-2-20 of the Administrative Code of whether any members of the assistance group had employment during the period the assistance group was not participating in OWF and the amount and source of the assistance group’s income during that period. If the CDJFS determines that good cause exists for the assistance group, the CDJFS shall determine if the assistance group meets all eligibility requirements for participation in OWF. The assistance group may not participate in OWF under paragraph (B)(2) of this rule for more than twenty-four additional months.

The twenty-four month time limit for participating in OWF under paragraph (B)(2) of this rule applies regardless of whether the twenty-four months of the good cause extension are consecutive. Once good cause is initially determined to exist, and an assistance group is determined eligible under the good cause provision, a subsequent determination of good cause is not required, unless the assistance group becomes otherwise ineligible for OWF. However, section 5107.17 of the Revised Code provides that if the assistance group becomes ineligible for OWF due to the imposition of a sanction for failure to comply with the terms of the self-sufficiency contract, the assistance group is not required to reapply for OWF, or enter into a new self-sufficiency contract, in order to resume OWF participation and as a result may resume participation in OWF without a new good cause determination.

(3) Domestic violence.

An assistance group may receive a waiver of the state thirty-six month time limit due to domestic violence, as set forth in rule 5101:1-3-20 of the Administrative Code. Any assistance group that receives a waiver of the 5101:1-23-01 2 thirty-six month time limit is not counted toward the CDJFS twenty per cent limit set forth in rule 5101:1-23-01.1 of the Administrative Code and section 5107.18 of the Revised Code.

Receipt of assistance as defined in paragraphs (E)(1) to (E)(4) of this rule is counted for the following individuals members of the assistance group:

(1) The adult head-of-household. Adult is defined in section 5107.02 of the Revised Code;

(2) The spouse of the adult head-of-household;

(3) A pregnant minor head-of-household. Minor head of household is defined in section 5107.02 of the Revised Code;

(4) A minor parent head-of-household. Minor head of household is defined in section 5107.02 of the Revised Code; and,

(5) The spouse of the minor parent head-of-household.

(D) Designation of countable individuals as head-of-household

(1) When the assistance group is a two-parent assistance group as defined in rule 5101:1-3-01 of the Administrative Code, and the parents are unmarried (and both parents are adults), the CDJFS must explain to the two parents that one of them must be determined to be the adult head-of-household for time limit purposes. The parents must choose which one of them shall be designated as the head-of-household for time limit purposes. In the event that the parents disagree and/or decline to designate the head-of-household, the CDJFS shall make the designation. Once the head-of-household designation is made for time limit purposes, that designation shall remain unchanged as long as the assistance group contains both parents and no other parent(s) is subsequently added to the assistance group.

(2) When the assistance group is a two-parent assistance group as defined in rule 5101:1-3-01 of the Administrative Code, and another parent becomes a required member of the assistance group in accordance with rule 5101:1-23-10 of the Administrative Code, a new head-of-household designation may need to be made. If a new head-of-household designation must be made, the CDJFS must explain to the parents that one of them must be determined to be the head-of-household for time limit purposes. The parents must choose which one of them shall be designated as the head-of-household for time limit purposes. In the event that the parents disagree and/or decline to designate the head-of-household, the CDJFS shall make the designation. Once the head-of-household designation is made for time limit purposes, that designation shall remain unchanged as long as the assistance group contains all of the parents.

(E) Receipt of assistance

For purposes of applying the time limits set forth in paragraphs (A) and (B) of this rule, “assistance” means:

(1) That OWF cash assistance benefits were issued in any of the following forms:

(a) Electronic funds transfer (EFT), or electronic benefits transfer (EBT); or

(b) A warrant, voucher, or check, if the assistance group cashes the warrant or check, or utilizes the voucher.

(2) That supportive services such as transportation and child care were paid for an assistance group containing an individual who meets one of the conditions set forth in paragraphs (C)(1) to (C)(5) of this rule, unless such payments meet the definition of nonrecurrent, short-term benefits as defined in 45 CFR 260.31 (10/01/01) as payments which:

(a) Are designed to deal with a specific crisis situation or episode of need;

(b) Are not intended to meet recurrent or ongoing needs; and,

(3) That, except as provided in paragraph (F)(1) of this rule, TANF assistance (including commingled funds as defined in rule 5101:1-1-01 of the Administrative Code), was received in another state on or after October 1, 1997.

(4) That welfare-to-work (WTW) cash assistance, as defined in 45 CFR 260.32, was provided to an assistance group containing an individual who meets one of the definitions set forth in paragraphs (C)(1) to (C)(5) of this rule. As set forth in 45 CFR 260.32 (10/01/04), WTW cash assistance only includes WTW benefits that meet the definition of assistance (as defined in rule 5101:1-1-01 of the Administrative Code) and are directed at basic needs, when they are provided in the form of cash payments, checks, reimbursements, electronic funds transfers, or any other form that can legally be converted to currency.

(F) Months that are not countable for time limits

Receipt of assistance for purposes of applying the time limit does not include any month for which any of the conditions set forth in paragraphs (F)(1) to (F)(14) of this rule exist. Any month for which any of the conditions set forth in paragraphs (F)(1) to (F)(14) of this rule exist that appear on an individual’s time limit count must be removed from the individual’s time limit count via the client registry information system-enhanced (CRIS-E) screen TLIN. With the exception of the conditions listed in paragraphs (F)(1), and (F)(13) to (F)(14) of this rule, CRIS-E has been programmed to remove or exclude any month meeting any of these conditions from an individual’s time limit count.

(1) An assistance group received TANF assistance in another state, and that state had a waiver of time limits in effect during the months for which the assistance was received in that state.

(2) An assistance group received OWF cash assistance in the form of a warrant, check, voucher, EFT or EBT for a month, but returned either the check, warrant or voucher to the CDJFS uncashed or unused, or returned the amount of the OWF check, warrant, voucher, EFT, or EBT to the CDJFS.

(3) An assistance group is subject to the minimum payment provision set forth in rule 5101:1-23-40 of the Administrative Code.

(4) An assistance group is not receiving OWF cash assistance benefits due to participation in the subsidized employment program (SEP).

(5) An assistance group is not receiving OWF cash assistance benefits due to the imposition of a learning, earning and parenting (LEAP) sanction which reduces the OWF benefit to zero dollars, in accordance with the provisions set forth in rule 5101:1-23-50 of the Administrative Code.

(6) An assistance group is not receiving OWF cash assistance benefits due to the imposition of a learnfare sanction which reduces the OWF benefit to zero dollars, in accordance with the provisions set forth in sections 5107.284 and 5107.285 of the Revised Code.

(7) Supportive services such as transportation and child care are provided to assistance groups containing an employed member.

(8) An assistance group is not receiving OWF cash assistance benefits as delineated in paragraph (E) of this rule, but prevention, retention and contingency (PRC) services under the PRC program as set forth in sections 5108.01 to 5108.10 of the Revised Code are provided to the assistance group.

(9) Any month of receipt by an individual other than the individuals identified in paragraphs (C)(1) to (C)(5) of this rule shall not be counted toward the time-limited receipt of assistance.

(10) LEAP enrollment, attendance, grade completion and graduation bonuses provided to LEAP participants in accordance with the provisions contained in rule 5101:1-23-50 of the Administrative Code, are not considered assistance for OWF time limit purposes.

(11) An assistance group is not receiving assistance as set forth in paragraph (E) of this rule, but welfare-to-work (WTW) non-cash assistance benefits (as defined in rule 5101:1-1-01 of the Administrative Code) are being provided to the assistance group.

(12) An assistance group is not considered to be in receipt of assistance for any month in which the assistance group’s cash assistance OWF benefits are reduced to zero to repay an overpayment.

(13) Any month of receipt of assistance by an adult while living in Indian country as defined in rule 5101:1-01-01 of the Administrative Code, or a Native Alaskan village where at least fifty per cent of the adults were not employed.

(14) When an erroneous payment occurs because the assistance group was not eligible to receive assistance for a month, and the assistance group repays that erroneous payment in full, the month for which the overpayment occurred does not count toward the time limit.

(G) Tracking receipt of assistance

Receipt of assistance under the OWF program shall be tracked for each required member in the assistance group as set forth in paragraphs (C)(1) to (C)(5) of this rule.

(1) Any month of receipt by an individual identified in paragraphs (C)(1) to (C)(5) of this rule shall be counted toward the time-limited receipt of assistance.

(2) The tracking record for each required member follows the required member as the required member moves into and out of different assistance groups. The receipt of assistance as a required member transfers from one assistance group to another via the movement of the required member. Required members retain and accumulate actual months of receipt by each required member. The assistance group’s number of months is the highest number of months of receipt by each of the required members. The movement of children from one assistance group to another has no effect on the time limits, as receipt of assistance is not tracked separately for the children.

(H) Federal hardship: beyond the federal sixty month time limit

Federal law allows states to extend assistance paid for by federal TANF funds (including commingled funds as defined in rule 5101:1-1-01 of the Administrative Code) beyond the federal sixty-month limit for up to twenty per cent of the average monthly number of families receiving assistance. The federal regulations provide that a state may extend assistance beyond the sixty-month limit based on hardship, as determined by the state.

(1) Ohio is extending benefits beyond the federal sixty-month limit based on hardship. Ohio defines hardship as the conditions set forth in paragraphs (H)(1)(a) to (H)(1)(b)(vii) of this rule. Therefore, counties may extend up to twenty per cent of the average monthly number of assistance groups receiving assistance in that county. The twenty per cent calculation is set forth in rule 5101:1-23-01.1 of the Administrative Code. The CDJFS should examine the assistance group’s unique special circumstances that caused the need for an extension, and should address these special needs, barriers and conditions in the self-sufficiency contract. The CDJFS may not provide this extension until the assistance group has exhausted its sixty months of OWF assistance. In Ohio, hardship is defined as follows:

(a) Any circumstances under which the CDJFS determines that the time limit is a hardship. The CDJFS shall use the same grounds for determining federal hardship as it uses for determining state hardship under paragraph (B)(1) of this rule; or

(b) Based on the fact that the family includes someone who is temporarily or permanently unable to work because the individual has been battered, or subjected to extreme cruelty based on the fact that the individual has been subjected to any of the following provisions set forth in paragraphs (H)(1)(b)(i) to (H)(1)(b)(vii) of this rule and rule 5101:1-3-20 of the Administrative Code:

(i) Physical acts that result in physical injury to the individual;

(ii) Sexual abuse;

(iii) Sexual activity involving a dependent child;

(iv) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(v) Threats of, or attempts at physical or sexual abuse;

(vi) Mental abuse (including emotional harm); or

(vii) Neglect or deprivation of medical care.

(2) There is no federally prescribed limit for receipt of an extension beyond the federal sixty-month time limit. Each assistance group that requests an extension will have unique circumstances to be addressed in order for the assistance group to achieve self sufficiency and eliminate the need for assistance. In determining the length of each extension to be provided under paragraph (H) of this rule, the CDJFS must consider both of the following:

(a) That TANF was created to provide assistance that is temporary, and not as an entitlement; and

(b) That the CDJFS has a responsibility to assist the family in overcoming barriers and achieving self sufficiency.

(3) An assistance group receiving OWF cash assistance benefits beyond the federal sixty-month limit (set forth in paragraph (A) of this rule) is in receipt of OWF, and as such is subject to all OWF eligibility requirements.

(4) Documentation regarding the extension of OWF due to hardship should be retained in the assistance group record and documented in the running record comments screen (CLRC) in the CRIS-E system. In situations involving the provisions contained in paragraph (H)(1)(b) of this rule, acceptable verification, in accordance with rule 5101:1-2-20 of the Administrative Code, includes, but is not limited to the following:

(a) Medical or law enforcement records;

(b) Court or other legal documents;

(c) Court, medical, criminal, child protective service, social service, psychological, or law enforcement records indicating the threat of physical or emotional harm;

(d) Medical records indicating the emotional health history and present emotional health of family members;

(e) Written statement from a mental health professional indicating the emotional health status of family members;

(f) Written statement from a public or private social agency; and

(g) Sworn statements from individuals, including friends, neighbors, clergymen, social workers, and medical professionals who might have knowledge of the family’s circumstances.

(h) As set forth in rule 5101:1-3-20 of the Administrative Code, rely on the individual’s allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803, “Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver Request and Verification Form” (01/2008), unless the CDJFS has an independent, reasonable basis to find that the individual’s allegation is not credible.

Effective: 01/01/2008

R.C. 119.032 review dates: 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 5107.02, 5107.05, 5107.18, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717

Rule Amplifies: 5107.02, 5107.05, 5107.18, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717

Prior Effective Dates: 07/01/96 (Emer.), 09/29/96, 12/30/97, 07/01/98, 10/01/99, 10/02/00, 01/01/01, 05/01/01, 07/01/02, 10/12/02, 07/01/07

5101:1-23-01.1 Ohio works first (OWF): time limits and the calculation of the twenty per cent limits for state and federal hardship extensions.

(A) Thirty-six months and state hardship: twenty per cent calculation

An assistance group is ineligible to participate in Ohio works first (OWF) if the assistance group includes an individual who meets one of the conditions set forth in section 5107.18 of the Revised Code, and paragraphs (C)(1) to (C)(5) of rule 5101:1-23-01, and who has participated in OWF for thirty-six months. As provided in rule 5101:1-23-01 of the Administrative Code and section 5107.18 of the Revised Code, a county department of job and family services (CDJFS) may exempt not more than twenty per cent of the average monthly number of OWF assistance groups that include an individual subject to the time limits, from the thirty-six month time limit, on the grounds that the CDJFS determines that the time limit is a hardship. As provided in rule 5101:1-23-01 of the Administrative Code and section 5107.18 of the Revised Code, the CDJFS may not exempt an assistance group until the assistance group has exhausted its thirty-six months of cash assistance.

Beginning October 1, 2000, the beginning of the federal fiscal year, the twenty per cent limit for hardship extensions is calculated by the Ohio department of job and family services (ODJFS) for each CDJFS in the following manner.

(1) ODJFS will total the number of OWF assistance groups in receipt of cash assistance, for each of the twelve months in the previous federal fiscal year. This calculation includes child-only assistance groups, as defined in rule 5101:1-3-01 of the Administrative Code. The twelve months of the federal fiscal year begin with October and end with September.

(2) The total derived in paragraph (A)(1) of this rule is divided by twelve. The result is the average monthly number of OWF assistance groups for the CDJFS. This figure will remain unchanged throughout the current twelve months of the federal fiscal year.

(3) ODJFS will determine twenty per cent of the figure as calculated in paragraph (A)(2) of this rule. If this calculation does not result in a whole number, the number shall be rounded down to the nearest whole number. This is the twenty per cent limit for the CDJFS. This figure will remain unchanged throughout the twelve months of the current federal fiscal year.

(4) The CDJFS cannot exempt more than the number of assistance groups calculated in paragraph (A)(3) of this rule from the thirty-six month limit due to hardship except that an assistance group may receive a waiver of the state thirty-six month time limit due to domestic violence, as set forth in rules 5101:1-3-20 and 5101:1-23-01 of the Administrative Code. Any assistance group that receives a waiver of the thirty-six month time limit due to domestic violence will not be counted toward the CDJFS twenty per cent limit.

(5) Revised calculations, in accordance with the provisions set forth in paragraphs (A)(1) to (A)(3) of this rule will be completed for each CDJFS by ODJFS for each subsequent federal fiscal year.

(B) Sixty months and federal hardship: twenty per cent calculation

As set forth in rule 5101:1-23-01 of the Administrative Code, no state may use any of its TANF funds (including commingled funds as defined in rule 5101:1-1-01 of the Administrative Code) to provide assistance (as defined in rules 5101:1-23-01 and 5101:1-1-01 of the Administrative Code) to a family that includes an individual who meets one of the conditions set forth in paragraphs (D)(1) to (D)(5) of rule 5101:1-23-01, who has received federal assistance for a total of sixty cumulative months. The sixty months do not have to be consecutive. The state has the option to extend assistance paid for by federal TANF funds (including commingled funds) beyond the sixty-month limit for up to twenty per cent of the average monthly number of families receiving assistance during the fiscal year or the immediately preceding fiscal year, whichever the state elects. Ohio has elected the option to make the twenty per cent calculation based on the data from the immediately preceding federal fiscal year.

Beginning October 1, 2002, the beginning of the federal fiscal year, the twenty per cent limit for hardship cases is calculated by ODJFS for each CDJFS in the following manner.

(2) The total derived in paragraph (B)(1) of this rule is divided by twelve. The result is the average monthly number of OWF assistance groups for the CDJFS. This figure will remain unchanged throughout the current twelve months of the federal fiscal year.

(3) ODJFS will determine twenty per cent of the figure as calculated in paragraph (B)(2) of this rule. If this calculation does not result in a whole number, the number shall be rounded down to the nearest whole number. This is the twenty per cent limit for the CDJFS. This figure will remain unchanged throughout the twelve months of the current federal fiscal year.

(4) The CDJFS cannot exempt more than the number of assistance groups calculated in paragraph (B)(3) of this rule from the sixty-month federal time limit. Any assistance group that receives a waiver of the sixty-month time limit due to domestic violence will be counted toward the CDJFS twenty per cent limit.

(5) Revised calculations as set forth in paragraphs (B)(1) to (B)(3) of this rule will be completed by ODJFS for each CDJFS for each subsequent federal fiscal year.

Effective: 01/01/2008

R.C. 119.032 review dates: 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 5107.02, 5107.05, 5107.18, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717

Rule Amplifies: 5107.02, 5107.05, 5107.18, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717

Prior Effective Dates: 05/01/00, 07/01/02, 07/01/07

5101:1-23-10 Ohio works first (OWF): standard filing unit.

(A) Conflict with Revised Code

(1) Section (5) of Amended Substitute Senate Bill 238 of the 126th General Assembly (09/06) sets forth the following provision: Not later than September 30, 2006, the director of job and family services shall adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2) (08/96). If necessary to bring the state into compliance with 42 U.S.C. 607(i)(2) (08/96), the rules may deviate from Chapter 5107. of the Revised Code. Rules adopted under this section that govern financial and other administrative requirements applicable to the department of job and family services and county departments of job and family services shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(2) The county department of job and family services (CDJFS) shall administer the penalty provisions under the Ohio works first (OWF) program in accordance with the requirements contained in this rule and not in accordance with section 5107.36 of the Revised Code.

(3) All applicable requirements contained in the Revised Code section referenced in paragraph (A)(2) of this rule have been incorporated in this rule.

(B) Individuals included in the standard filing unit

(1) The standard filing unit (assistance group) shall include the natural or adoptive parent(s) and all minor siblings living with a dependent child who is determined eligible for OWF. The standard filing unit provision only applies to those individuals residing in the same household. One assistance group shall be established for a standard filing unit.

(2) A minor parent with an eligible child may be eligible for OWF. Eligibility for the minor parent is dependent upon the type of living arrangement as described in paragraphs (B)(2)(a) to (B)(2)(c) of this rule.

(a) An OWF assistance group shall be created for a minor parent living independently with eligible dependent child(ren) only if the minor parent has been married or is living in an approved adult-supervised living arrangement as set forth in section 5107.24 of the Revised Code.

(b) When a minor parent and eligible dependent child(ren) reside with the minor parent’s parent(s) who are either OWF recipients or are requesting OWF, there shall be one OWF assistance group. The assistance group shall consist of the eligible child(ren), minor parent and parent(s) and dependent siblings of the minor parent.

(c) When a minor parent and dependent child(ren) reside with the minor parent’s parent(s) who are self-sufficient, the income of the minor parent’s parent(s) is counted as available when determining eligibility for the assistance group, consisting of the minor parent and child(ren). The method used to allocate the income is set forth in rule 5101:1-23-20 of the Administrative Code.

(3) An individual, with no eligible children of his or her own, who resides with child(ren) who meet a degree of relationship as set forth in section 5107.02 of the Revised Code, may choose to be included in the assistance group with the children. The specified relative’s income would be considered in determining the eligibility of the assistance group, if the specified relative is included.

(a) When the specified relative has a spouse, the income of the spouse must be evaluated to determine the spouse’s ability to support the specified relative. If the specified relative’s spouse is in need, the spouse cannot be included in the assistance group.

(b) To determine whether the specified relative is eligible to be included in the standard filing unit with the minor child(ren), the allocation process as set forth in paragraph (G) of rule 5101:1-23-20 of the Administrative Code is applied.

(4) An individual who resides with his or her biological or adoptive children, and children who meet a degree of relationship, as set forth in section 5107.02 of the Revised Code, shall be included in the assistance group with his or her children. OWF for the assistance group containing the other related children shall be determined separately and independently of the assistance group containing the individual and his or her biological or adoptive children. Income of the specified relative would not be considered in determining eligibility of the assistance group with the related children.

(5) A parent or specified relative in need, who is serving house arrest as defined in section 2929.01 of the Revised Code shall be included in the standard filing unit, provided that the individual’s confinement is in the household with the minor child(ren).

(6) An individual who is temporarily absent from the home as set forth in rule 5101:1-3-04 of the Administrative Code.

(1) Aliens who fail to meet the citizenship requirement as set forth in rule 5101:1-2-30 of the Administrative Code.

(2) Aliens ineligible due to sponsor income as set forth in rule 5101:1-2-35 of the Administrative Code.

(3) Individuals disqualified from OWF due to intentional program violation for as long as the disqualification period is applied as set forth in Chapter 5101:6-20 of the Administrative Code, if the disqualification period began prior to July 1, 1998. No intentional program violations will begin on or after July 1, 1998. Individuals serving an intentional program violation which began prior to July 1, 1998, will continue to serve out the entire disqualification period, including individuals permanently disqualified.

(4) Individuals who are fugitive felons as set forth in section 5101.26 of the Revised Code.

(5) Individuals who are violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under a federal or state law.

(6) Individuals who have been convicted in federal or state court of having made a fraudulent statement or representation with respect to the place of residence in order to receive assistance under a Title IV-A program (e.g., OWF, aid to dependent children (ADC), temporary assistance for needy families (TANF)) simultaneously from two or more states as set forth in rule 5101:1-3-14 of the Administrative Code.

(7) Individuals who fail to cooperate with an eligibility requirement for which there is no penalty, such as a failure to provide information about a family member required to be included in an assistance group; failure to comply with an initial eligibility requirement, such as enumeration, and failure to comply with a living arrangement requirement.

(8) A teen parent who is under the age of eighteen, and who:

(a) Has a child in his/her care at least twelve weeks of age; and,

(b) Has not successfully completed high school or the equivalent; and

(c) Is not participating in educational activities directed toward the attainment of a high school diploma or its equivalent, or an alternative educational training program defined by the county.

Individuals, otherwise eligible, who enter one of the assistance groups in paragraphs (C)(1) to (C)(8) of this rule after the date of the failure or the date that ineligibility was caused, could receive OWF for the appropriate assistance group size. The work eligible individual who is ineligible for OWF remains a required work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(D) Individuals not eligible to be included in the standard filing unit

(1) As set forth in section 5107.11 of the Revised Code, a legal guardian or custodian who does not meet the definition of specified relative, as set forth in section 5107.02 of the Revised Code, who resides with an eligible child(ren), shall not be included in the standard filing unit, nor will the income of the legal guardian or custodian be used in determining the eligibility of the minor child(ren) in the filing unit.

The exclusion of the legal guardian or custodian provided in this paragraph, is also applicable when an adult individual and his/her child(ren) is eligible for OWF, and the adult is also the legal guardian or custodian of another child(ren) who, while not related to the adult, is a half-sibling to the adult’s child(ren). In this situation, there must be two separate filing units; one containing the adult and his/her child(ren); and one containing the child(ren) for whom the adult is the legal guardian or custodian.

(2) The father of an unborn child, living with the pregnant mother, with no other eligible children, is not eligible to be included in the cash grant until the birth of the child.

(3) Parents or children receiving supplemental security income (SSI). A recipient of SSI shall have the choice of receiving OWF, if eligible, or continuing to receive SSI, but may not receive both OWF and SSI at the same time.

(4) Stepbrothers and stepsisters.

(5) Stepparents, unless there is a common child.

(6) Parents or children for whom federal, state or local foster care maintenance payments are being made.

(7) Parents or children for whom federal, state or local adoption assistance payments are being made, as long as the exclusion of the individual, in whose behalf the payments are being made, does not result in lower benefits to the assistance group than the benefits that the family would receive if the individual and his income was included in the filing unit.

(8) An adoptive or blood-related sibling (to a child for whom assistance is requested as set forth in paragraph (E)(1) of this rule) living in the home who does not reside with a specified relative, legal guardian or legal custodian, must be excluded from the standard filing unit containing the child’s sibling(s).

(E) Determining the standard filing unit

(1) The standard filing unit is determined by first deciding for which child(ren) assistance is requested. The child for whom assistance is requested must meet the age requirement as set forth in section 5107.02 of the Revised Code.

(2) Add to the standard filing unit siblings living in the household who also meet the age requirement. “Sibling” means any and all blood-related or adoptive brothers and sisters who are not specifically excluded. Include those siblings who meet the temporary absence provision as set forth in rule 5101:1-3-04 of the Administrative Code.

(3) Add to the standard filing unit the parents living in the household who are not specifically excluded. A parent must not be added to the standard filing unit unless the child(ren) meets the age requirement. “Parents” mean any and all natural and adoptive parents who live in the household and are not specifically excluded. When the child resides with a specified relative, who is in need and has no eligible biological or adoptive children, and has chosen to be part of the assistance group, add that individual to the filing unit. Include a parent or specified relative who meets the temporary absence provision as set forth in rule 5101:1-3-04 of the Administrative Code.

(4) This group is considered to be the standard filing unit (assistance group). If a person or persons are required to be in more than one standard filing unit within the same household, then the standard filing units must be combined except as provided in paragraph (D)(1) of this rule.

(5) Eligibility is determined for the standard filing unit as a whole. The income provisions as set forth in rule 5101:1-23-20 of the Administrative Code shall be applied in determining eligibility for OWF and the amount of the payment.

Effective: 12/29/2006

R.C. 119.032 review dates: 09/29/2006 and 12/29/2011

Promulgated Under: 119.03

Statutory Authority: 5107.05, Section 5 of Amended Substitute Senate Bill 238 of the 126th General Assembly

Rule Amplifies: 5107.05

Prior Effective Dates: 1/1/74, 12/31/77, 10/26/78, 5/1/79, 9/21/79, 10/1/81, 10/1/84 (Emer.), 12/27/84, 8/1/86 (Emer.), 10/3/86, 7/1/88 (Emer.), 9/25/88, 10/1/89 (Emer.), 12/16/89, 10/1/90, 7/12/91 (Emer.), 9/22/91, 9/1/93, 9/1/94, 10/1/96 (Emer.), 12/15/96, 10/1/97 (Emer.), 12/30/97, 7/1/98, 10/1/99, 7/1/01, 12/1/02, 08/29/03 (Emer.), 11/1/03, 9/29/06 (Emer.)

5101:1-23-20 Ohio works first (OWF): income and eligibility.

(A) Determining initial eligibility

(1) Except as provided in division (D)(4) of section 5107.10 of the Revised Code, to determine whether an assistance group is initially eligible to participate in OWF, a county department of job and family services (CDJFS) shall determine whether the assistance group’s gross income exceeds fifty per cent of the federal poverty guidelines as set forth in division (D)(1)(a) of section 5107.10 of the Revised Code.

(a) For purposes of this paragraph, “gross earned income”, as defined in paragraph (D) of this rule, shall be defined to exclude the actual verified dependent care costs of the assistance group for nonpublicly funded dependent care for a child or an incapacitated adult who is residing in the home. The amount that is excluded is the actual verified cost for each child or incapacitated adult.

(b) The assistance group’s gross earned income, as defined in paragraph (A)(1)(a) of this rule, shall be added to the assistance group’s gross unearned income, as defined in paragraph (D)(2) of this rule.

(c) The assistance group is ineligible to participate in OWF if the assistance group’s gross income, as defined in division (A)(3) of section 5107.10 of the Revised Code, exceeds fifty per cent of the federal poverty guidelines as set forth in division (D)(1)(a) of section 5107.10 of the Revised Code.

(2) If the assistance group’s gross income does not exceed fifty per cent of the federal poverty guidelines as set forth in division (D)(1)(a) of section 5107.10 of the Revised Code, the CDJFS shall determine whether the assistance group’s countable income is less than the payment standard set forth in paragraph (I) of this rule.

For purposes of this paragraph, “countable income” shall be defined as:

(a) The assistance group’s gross earned income, as defined in paragraph (D)(1) of this rule; minus,

(b) The two-hundred-fifty dollar and one-half of the remainder disregards set forth in division (D)(3) of section 5107.10 of the Revised Code, if applicable; minus,

(d) The assistance group’s gross unearned income as defined in paragraph (D)(2) of this rule.

The assistance group is ineligible to participate in OWF if the assistance group’s countable income equals or exceeds the payment standard set forth in paragraph (I) of this rule.

(B) Determining amount of cash assistance

Following a determination that an assistance group is eligible under paragraph (A) of this rule, the amount of cash assistance the assistance group is eligible to receive must be determined by:

(1) Deducting the two-hundred-fifty dollar and one-half of the remainder earned income disregards, if applicable, as set forth in division (D)(3) of section 5107.10 of the Revised Code; and

(2) Deducting the actual verified dependent care costs of the assistance group for nonpublicly funded dependent care,.

(3) Adding the assistance group’s unearned income as defined in paragraph (D)(2) of this rule, less any child support payments assigned in accordance with the provisions set forth in paragraph (D)(2)(a)(iii) of this rule, to the assistance group’s gross earned income remaining after deducting the amounts set forth in paragraphs (B)(1) and (B)(2) of this rule.

(4) Deducting the total derived in paragraph (B)(3) of this rule from the appropriate payment standard for the assistance group size, as set forth in paragraph (I) of this rule.

(5) If there is a deficit, the deficit is the amount of cash assistance the assistance group is eligible to receive. If there is no deficit, the assistance group is ineligible for a cash assistance payment.

(1) To determine whether an assistance group participating in OWF continues to be eligible to participate, a CDJFS shall determine whether the assistance group’s countable income continues to be less than the payment standard. The determination of the assistance group’s countable income is determined by applying the method set forth in paragraphs (A)(2)(a) to (A)(2)(d) of this rule.

(2) The assistance group is ineligible to participate in OWF if the assistance group’s countable income equals or exceeds the payment standard set forth in paragraph (I) of this rule.

(3) If the assistance group’s countable income is less than the appropriate payment standard, the CDJFS shall determine the amount of the cash assistance that the assistance group is eligible to receive in accordance with the provisions set forth in paragraphs (B)(1) to (B)(5) of this rule.

(D) Definitions

(1) “Gross earned income” under the OWF program means the total amount of gross wages received in a month by all of the employed individuals in the assistance group. Gross earned income also includes wages legally obligated to members of the assistance group but which are diverted to a third party, as delineated in rule 5101:4-4-13 of the Administrative Code.

(a) For purposes of this rule, gross earned income also includes the following:

(i) The gross earnings of an individual residing with the assistance group who is a required assistance group member but who is excluded from the assistance group as set forth in paragraphs (C)(2) to (C)(8) of rule 5101:1-23-10 of the Administrative Code.

(ii) The gross earnings of the spouse of a married pregnant woman with no other OWF eligible children. In determining the pregnant woman’s eligibility to participate in OWF, the income of her spouse must be included in that determination. The spouse’s income is added to the pregnant woman’s income. The assistance group’s total income, less appropriate disregards, is compared to the payment standard for two. If the total income is less than the payment standard for two, the pregnant woman’s eligibility for cash assistance is determined in accordance with paragraph (B) of this rule, using only her income.

(b) Gross earnings include the payments received before taxes and other deductions, by either an individual for services performed as an employee, and/or by an individual as a result of self-employment (including providing room and board, or board only). Gross earnings include all wages, salary, commissions, and profit received by assistance group members from activities such as a business enterprise.

(i) “Gross earnings received by an employee” means wages, back pay, bonuses and awards paid by employer, commissions, severance pay, payments from jobs corps, work training programs, on-the-job training programs, sick leave paid as wages, annual leave, holiday and vacation pay. State temporary disability insurance and temporary workers’ compensation payments are considered gross earnings when such payments meet all of the following conditions:

(a) The payment is employer funded; and,

(b) The payment is made to an individual who remains employed during recuperation from a temporary illness or injury pending return to the job; and,

(c) The payment is specifically characterized under state law as a temporary wage replacement.

(ii) “Gross self-employment earnings” means the total profit from a business enterprise. The total profit from the self-employment enterprise is determined by deducting the self-employment expenses (i.e., the business expenses directly related to producing the goods or services) from the gross receipts.

(c) Unless otherwise addressed in this rule, income which is excluded from gross earned income under OWF includes the following:

(i) The gross earnings of a minor child in the assistance group who is a full-time student as defined by the school, unless the minor is a parent. Minor child is defined in section 5107.02 of the Revised Code.

(ii) All income excluded under the food assistance program regulations, as set forth in rule 5101:4-4-13, of the Administrative Code with the exception stated in paragraph (D)(1)(c)(i) of this rule.

(iii) Child support payments paid by an assistance group member for a child outside the assistance group. The amount paid, up to the amount ordered, is excluded.

(iv) The verified amount which is being garnished from the income.

(v) Exclusions from self-employment income as set forth in rules 5101:4-4-13 and 5101:4-6-11 of the Administrative Code. A deduction claimed as personal business and/or entertainment expense is not an allowable deduction from self-employment income.

(vi) In addition to the allowable exclusions from self-employment income as set forth in rules 5101:4-4-13 and 5101:4-6-11 of the Administrative Code, the following exclusions are made from the gross receipts of a microenterprise development (MED) participant for the one year period following the month that the MED participant’s business is started or expanded. For purposes of this rule, a “MED participant” is an individual participating in a training and educational activity under the work component of OWF designed to prepare participants to establish self-employment opportunities to lead them toward self sufficiency. (These additional self-employment income exclusions do not apply to OWF participant assistance groups who are not participating in the MED project.)

(a) The provisions regarding nonallowable deductions from self-employment income, set forth in rule 5101:4-6-11 of the Administrative Code, are waived for a MED participant. However, the total of allowable business expenses permitted by paragraphs (D)(1)(c)(vi)(b) to (D)(1)(c)(vi)(c) of this rule shall not exceed seven thousand-five hundred dollars for the one calendar year period set forth in paragraph (D)(1)(c)(vi) of this rule during which the MED participant is subject to these provisions.

(b) A MED participant who purchases capital equipment or durable goods may use the costs of the capital equipment or durable goods up to five thousand dollars as allowable operating expenses in determining the gross earnings from self-employment.

(c) A MED participant who secures a business loan may deduct both the interest and principal portion of the business loan payment, not to exceed five thousand dollars, as allowable operating expenses in determining the gross earnings from self employment.

(d) A MED participant is permitted to make payments into an “unencumbered cash reserve account”, and to deduct those payments as allowable business deductions in the determination of the MED participant’s gross earnings from self-employment in any month in which the total amount in the fund does not exceed three thousand dollars.

(e) The gross self-employment earnings, as defined in paragraph (D)(1)(b)(ii) of this rule, up to one hundred thirty-three per cent of the federal poverty level for the MED participant’s OWF assistance group size, shall be considered excluded and disregarded as countable income (as defined in paragraph (C)(3) of this rule) for establishing continued eligibility and level of benefits for the one calendar year period set forth in paragraph (D)(1)(c)(vi) of this rule. Any gross self-employment earnings received by the MED participant in excess of one hundred thirty-three per cent of the poverty level for the MED participant’s OWF assistance group size shall not be excluded from the gross earned income of the assistance group, and are included as gross earned income in determining the assistance group’s eligibility to participate in OWF.

(f) As long as the MED participant’s gross earnings from self-employment do not exceed one hundred thirty-three per cent of the federal poverty level for the MED participant’s OWF assistance group size during the one calendar year period set forth in paragraph (D)(1)(c)(vi) of this rule, the income is excluded from the definition of gross earned income as set forth in paragraph (A) of this rule. Any gross self-employment earnings received by the MED participant in excess of one hundred thirty- three per cent of the federal poverty level for the MED participant’s OWF assistance group are not excluded and are subject to the provisions set forth in divisions (D)(1) and (D)(3) of section 5107.10 of the Revised Code.

(d) Earned income tax credit (EITC) payments whether added to the individual’s wages or as part of an income tax refund. The “EITC” is a refundable tax credit that is provided to workers with low income who have families and maintain households. The credit is based on the individual’s earned income and adjusted gross income. The individual’s wages must be subject to federal withholding or Federal Insurance Contributions Act (FICA) taxes.

(e) Income received due to temporary employment with the bureau of the census for a decennial census.

(f) Any other income amounts that federal statutes or regulations and sections 5101.17 and 5117.10 of the Revised Code require be excluded.

(2) “Gross unearned income” under the OWF program means the total amount of unearned income that is received in the month by all members of the assistance group, and the unearned income of a parent specifically excluded from the assistance group, as set forth in rule 5101:1-23-10 of the Administrative Code, and paragraph (E)(6) of this rule. “Unearned income” is income that is not gross earned income or is not gross earned income from self-employment, as defined in paragraph (D)(1) of this rule. Gross unearned income includes cash contributions received by the OWF assistance group members from persons, organizations, or assistance agencies, and income allocated to the assistance group from a required individual who does not meet the citizenship requirements and is excluded from the OWF assistance group as set forth in rule 5101:1-23-10 of the Administrative Code, a stepparent, a parent(s) of a minor caretaker, and the spouse of a specified relative in need. Gross unearned income also includes non-recurring lump-sum payments. A non-recurring lump-sum payment is income that is not anticipated or expected to be received again. Receipt of a non-recurring lump-sum payment is income in the month received. Any portion of the non-recurring lump-sum payment remaining in the month after the month of receipt is considered a resource, and will not effect OWF eligibility, as the OWF program does not have a resource limit.

(a) Any child support payments, whether received by the assistance group or assigned to the Ohio department of job and family services (ODJFS), are counted as unearned income in the determination of eligibility.

(i) Child support is considered as countable income in all budget calculations until the assignment of support is effective. The effective date of assignment is given in rule 5101:1-3-10 of the Administrative Code.

(ii) Direct payments of support received by an assistance group from the month of application through the month in which eligibility is determined and assistance is approved shall be budgeted as unearned income.

(iii) When eligibility is established, the amount of the assistance payment for the month following the month of approval is determined without child support considered as countable income because the assignment of support will take effect. Once the assignment of support is effective, any child support received by the assistance group is not counted as income in the actual grant calculation.

(iv) When the CDJFS adds an individual to an existing assistance group, the child support assignment is effective the first day of the month following the month the individual is added to the assistance group. The child support assignment may be deemed retroactive to the date the individual is required to be included in the assistance group. However, the child support payments received by or for the added individual prior to the effective date of assignment shall be treated as unearned income.

(v) During the period an assistance group is subject to a sanction as delineated in section 5107.16 of the Revised Code, any direct child support payments received and retained by the assistance group members are counted as income in the determination of OWF. These retained child support payments are not subject to IV-D recovery during the sanction period.

(vi) At such time as the assistance group is determined to be no longer subject to a sanction as delineated in section 5107.16 of the Revised Code and the payments are being sent to the child support enforcement agency (CSEA), the payments are no longer counted as income in the calculation of the assistance payment.

(vii) In some circumstances, the child support payments received by the CSEA cannot all be distributed for present, future, and past months. This results in a refund of child support payable directly to the assistance group. When child support money has been distributed by the CSEA and an amount is refunded to the assistance group, the amount is counted as income in the month received beginning with the month following the month of receipt, as set forth in paragraph (D)(2) of this rule.

(b) Paragraphs (D)(2)(b)(i) to (D)(2)(b)(xxi) of this rule set forth the income which is excluded from gross unearned income under OWF.

(i) All income excluded under the food assistance program regulations, as set forth in rule 5101:4-4-13 of the Administrative Code;

(ii) Income of a recipient of supplemental security income (SSI), including the SSI payment;

(iii) Income of a child for whom federal, state or local foster care maintenance payments are made, including the foster care payment;

(iv) Income of a child for whom federal, state or local adoption assistance payments are made, including the adoption assistance payment;

(v) Income of step siblings who are not included in the assistance group;

(vi) Payments made with county funds to increase the amount of cash assistance an assistance group receives in accordance with the provisions set forth in section 5107.03 of the Revised Code;

(vii) Child support payments paid by an assistance group member for a child outside the assistance group. The amount paid, up to the amount ordered, is excluded.;

(viii) Contributions for shared living arrangements (i.e., cash payments received by an assistance group from an individual who is not an assistance group member but who resides in the household with the OWF assistance group and shares responsibility for the household expenses through an informal arrangement). The cash payment given to the assistance group is not available to the OWF assistance group because the payment represents the nonassistance group member’s share of the household expenses;

(ix) The value of surplus commodities donated by the department of agriculture;

(x) Benefits received under the Title VII, nutrition program for the elderly, Older Americans Act of 1965, Public Law (PL) 89-73, July 14, 1965, title III, Section 339, as added PL 106-501, title III, Section 313, November 13, 2000, 114 Stat. 2252;

(xi) Other payments made by a public or private agency for the purposes of supplementing standards, so long as there is no duplication of payment;

(xii) Retroactive payments made as a result of a state hearing;

(xiii) Experimental housing assistance payments made under annual contributions on contracts entered into under Section 237(f)(2) of the United States Housing Act of 1937 (42 U.S.C. 1421b), as in effect before January 1, 1975;

(xiv) HUD community development block grant funds paid under Title I of the Housing and Community Development Act of 1974 ((PL) 93-383, 08/22/74, 42 U.S.C. 3535(d), 42 U.S.C. 5309, as amended January 25, 1999);

(xv) Home energy assistance support and maintenance paid in cash or in kind, PL 97-377 (12/21/82), PL 97-424 (01/06/83), and PL 98-21 (04/20/83);

(xvi) Payments received under the provisions of the Aroostook Band of Micmacs, Public Law 102-171, 25 U.S.C 1721, 11/26/91.

(xvii) Escrow accounts established or credited as the direct result of the assistance group’s involvement in family self-sufficiency on or after May 15, 1992;

(xviii) The verified amount which is being garnished from the income;

(xix) Earned income tax credit (EITC) payments;

(xx) Any other income amounts that federal statutes or regulations and sections 5101.17 and 5117.10 of the Revised Code require be excluded;

(xxi) Kinship permanency incentive (KPI) payments made in accordance with the provisions set forth in rule 5101:2-40-04 of the Administrative Code;

(3) Countable income is computed in the manner set forth in paragraphs (A)(2)(a) to (A)(2)(d) of this rule.

(E) Availability, verification, and exploration of potential income

(1) Income received by the OWF assistance group during a calendar month must be considered in determining need and the amount of OWF assistance. Gross earned income, gross unearned income and countable income are defined in paragraphs (D)(1) to (D)(3) of this rule.

(2) To be considered in determining the amount of OWF assistance, income must actually be received or be reasonably anticipated to be received by the assistance group during the calendar month. Only available income is considered in determining need.

(a) Availability depends upon the date of receipt and the number of months the income is intended to cover.

(b) It may be necessary in certain instances to apportion income to future months. Apportioned income is current income to the month to which it is apportioned.

(c) An employee under an annual contract of employment shall have the income from such contract averaged over the number of months covered under the contract, regardless of whether the employee chooses to receive the income in fewer months than the contract covers or whether it is paid in fewer months at the convenience of the employer.

(3) Financial eligibility to participate in OWF depends upon the amount of income available to the assistance group for the calendar month, in accordance with the provisions set forth in this rule. There must be an established need for assistance. Assistance groups with income in excess of the limits set forth in divisions (D)(1) and (D)(3) of section 5107.10 of the Revised Code are not eligible to participate in OWF, even if the assistance group meets all other OWF eligibility requirements.

(4) Income received by a member of the OWF assistance group is considered available to all members of the assistance group. This includes the receipt of social security Title II benefits. When a Title II beneficiary is a minor, benefits are usually paid through a representative payee. If the beneficiary is a member of the OWF assistance group, it is necessary to determine if the entire amount of the Title II benefit is counted as income to the assistance group.

(a) The determination is first made by establishing whether or not the representative payee resides in the same household (i.e., residence) as the assistance group.

(b) If the representative payee resides in the same household, the total amount of Title II benefits received for the beneficiary is counted in determining the assistance group’s eligibility to participate in OWF.

(c) If the representative payee does not reside in the same household as the beneficiary, only that portion made available to the beneficiary and/or caretaker is countable. Title II benefits retained by a representative payee who does not reside in the same household as the beneficiary are not considered potential income to the OWF assistance group.

(5) If income is received jointly by a member of the assistance group and one or more persons not in the assistance group, the assistance group member’s portion to be considered available is the prorated share, unless evidence is produced to the contrary.

(6) The income of a parent specifically excluded from the standard filing unit, as set forth in rule 5101:1-23-10 of the Administrative Code, is considered in determining the assistance group’s eligibility and payment, as set forth in this rule, and divisions (D)(1) and (D)(3) of section 5107.10 of the Revised Code. SSI recipients and parents or children for whom federal, state or local foster care maintenance or adoption assistance payments are made, are the exceptions. If the individual is a sibling, his income is not counted.

(7) The CDJFS must explore with each assistance group the potential development of monthly income. The assistance group must apply for any monthly benefits to which it is entitled. It is not appropriate to require the assistance group to apply for lump-sum withdrawals of retirement or pension funds which would negate the drawing of monthly benefits in the near future.

(8) The assistance group, including the person responsible for a child receiving OWF benefits, is responsible for giving information necessary to income determinations, and for taking all actions necessary to obtain unconditionally available income.

(a) Income shall be unconditionally available if the assistance group has only to claim or accept the income, or to establish eligibility for the income; e.g., relative’s offer of a contribution, or retirement, survivor’s, and disability insurance (RSDI).

(b) Ineligibility to participate in OWF results if the assistance group refuses to accept unconditionally available income.

(F) Computing monthly income

Gross earned, gross unearned and countable income are defined in paragraphs (D)(1) to (D)(3) of this rule. All three of these definitions address income received, or expected to be received in a calendar month. This paragraph provides the method for computing monthly income when the income is received in a frequency other than monthly.

(1) In calculating gross income as defined in division (A)(3) of section 5107.10 of the Revised Code, each assistance group member’s monthly gross income amount shall be rounded down to the nearest whole dollar by dropping all cents, all cents in gross weekly, biweekly, or semimonthly income shall be dropped prior to applying the conversion factors set forth in paragraph (F)(2) of this rule.

(2) Income which is received in a frequency other than monthly must be converted into a monthly amount in order to avoid adjusting the assistance group’s income each month. All cents shall be dropped after multiplying the individual’s income by the appropriate conversion factor, and prior to applying applicable earned income disregards, as set forth in division (D)(3) of section 5107.10 of the Revised Code. (Hourly rates which contain cents are not rounded, but are multiplied in the exact amount.)

Conversion shall be performed using the following factors:

(a) Income received on a weekly basis is multiplied by 4.3.

(b) Income received biweekly (every two weeks) is multiplied by 2.15.

(3) In situations in which an individual has fluctuating income, the income must first be averaged to arrive at a figure to be converted into monthly income, as set forth in paragraphs (F)(3)(a) to (F)(3)(c) of this rule.

(a) If the employed individual works the same number of hours per pay period, that number of hours shall be used in computing the individual’s gross monthly income. The gross monthly income shall be computed by either using the gross earnings listed on the individual’s pay stubs or by multiplying the number of hours per pay period by the hourly rate of pay. This figure is used to convert the income into a monthly amount.

(b) If the employed individual has fluctuating hours, the pay must be averaged. The averaged amount is used in converting the income into a monthly figure. When income fluctuates, it is recommended that the CDJFS average the income received in the preceding four weeks, whenever possible.

(c) When the income from the prior four week period is not representative of current or future income, it is recommended that the CDJFS project income based on a best estimate. The best estimate shall be based on a number of variables which may affect the determination. The variables that may need to be considered include:

(i) There are more than four weeks of pay stubs available and the individual states that an average of a longer period of time is more representative, because the income received in the most recent four weeks was less or greater than average. It is recommended that the CDJFS use all available income related information for the immediately preceding three-month period. This includes situations when the individual disagrees with the use of income from the past four-week period as representative of future income. It is recommended that the CDJFS use all available income related information (including the individual’s projection of future earnings) to determine a representative figure. Some pay stubs reflect year-to-date earnings. This is an acceptable method of determining average income for longer than the four-week period.

(ii) If there are fewer than four weeks of pay stubs available, it is recommended that the CDJFS use all available income related information to arrive at a representative figure. This includes situations when the employed assistance group member disagrees with the use of earnings from the past four-week period as indicative of future earnings.

(iii) If there are no pay stubs available because the employment is new, it is recommended that the CDJFS project an estimated amount for a pay period based on the CDJFS’ best estimate of the individual’s income and circumstances. The CDJFS’ best estimate shall be based on projected wages from and hours of employment as reported by the individual. The CDJFS’ best estimate for the pay period shall be converted into monthly income as set forth in paragraph (F)(2) of this rule.

(4) In situations in which an individual has self-employment income, the CDJFS must determine the gross earnings for the month based on an estimate of the individual’s gross annual earnings.

(a) Whenever possible, the CDJFS must secure a copy of the self-employed individual’s previous year’s tax return. The income listed on the previous year’s tax return should be used to estimate the expected earnings for the current and future months. The self-employed individual shall be asked to provide copies of his tax return from the previous year, as well as the individual’s current business records in order for a projection of annual gross income to be determined. Unless the individual contests this determination of expected income, the estimate of income for the current taxable year shall be based on the previous year’s tax return. The individual’s gross monthly earnings should be determined to be one-twelfth of the gross earnings as shown on the tax return for the preceding year. This method of estimating the self-employed individual’s income should be applicable in situations in which the individual has been self-employed for some time, his gross earnings from self-employment have remained fairly constant (as evidenced by tax returns from previous years) and there is no anticipated change in circumstances.

(b) If the individual contests the estimate of his income from self-employment based solely on information on the previous year’s tax return, the individual must provide a projected estimate of his gross earnings for the current taxable year, based upon his current business records to support his contention. When the individual can estimate his gross earnings for the current taxable year based on his current business records, the CDJFS shall accept the individual’s best estimate. Using the individual’s best estimate of income for the current taxable year, the CDJFS shall allocate one-twelfth of the gross annual income equally into each month of the taxable year.

(c) If the individual contests the CDJFS estimate of his income from self-employment (based solely on information on his previous year’s tax return) but does not provide a projected estimate of gross earnings for the taxable year based on current business records to support his contention, the CDJFS shall project his earnings based on the gross earnings listed on his previous year’s tax return.

(i) In the event that the individual does not have a tax return from the previous year because the business is a new one, (or because the individual’s records have been destroyed or are unavailable and all attempts to recover the records have been exhausted) the CDJFS shall project an estimate of the individual’s annual gross earnings from self-employment based on the individual’s current business records. The CDJFS shall base its decision on the individual’s business records for the current year unless the individual contests this determination and provides a reasonable explanation as to why the current business records do not reflect the income (and expenses) that he expects to receive in the future. If the individual contests the determination by providing a reasonable explanation as to why the CDJFS projection is not satisfactory and provides a written estimate of his projected annual gross earnings from self-employment, the CDJFS shall use the individual’s written estimate on which to base the eligibility determination. The CDJFS shall determine that one-twelfth of the projected gross earnings from self-employment shall be allocated monthly.

(ii) In some situations the previous year’s tax return of a self-employed individual is not representative of the expected earnings/income for the current year. There are some situations in which it will be difficult to project future earnings from the individual’s self-employment. Projecting income will be especially difficult in these situations on a monthly basis because the allowable expenses may be higher or even exceed the gross receipts, for a particular month. The previous year’s tax return or current business records may not be considered to be accurate indicators of the individual’s expected earnings for a variety of reasons.

(iii) In the absence of both the previous year’s tax return and current business records, the CDJFS shall require the individual to provide a written best estimate of his projected annual income and expenses. The CDJFS shall then determine that one-twelfth of the projected annual gross earnings from self-employment shall be distributed into all months of the taxable year.

(5) The computed average (and the subsequent conversion to a monthly figure) shall remain unchanged until a change in income occurs as delineated in rule 5101:1-2-20 of the Administrative Code, or until the next reapplication. A reported change in income requires a recomputation of the budget.

(6) In calculating the expenses to be subtracted from monthly income, the actual amount of each expense shall be used in the calculation. The sum of these expenses shall be deducted from the individual’s rounded-down monthly income. If there are different categories of allowable expenses, the actual amount of the expenses are added by category. The sum of each category of expenses shall be deducted from the corresponding category of rounded-down gross monthly income.

(G) Allocating income to an assistance group

(1) Income is allocated to the OWF assistance group from an individual living with the assistance group who is a stepparent, a parent of a minor caretaker when the minor caretaker’s needs are included in the OWF assistance group with the minor’s child(ren), a spouse of a specified relative in need (as set forth in paragraph (G)(4) of this rule and rule 5101:1-23-10 of the Administrative Code) and/or a parent who does not meet the citizenship requirements who is excluded from the OWF assistance group in accordance with the provisions set forth in rule 5101:1-23-10 of the Administrative Code. The same income allocation method is used when allocating income from any of these individuals. The income allocation method is set forth in paragraphs (G)(6)(a) to (G)(6)(f) of this rule.

(2) For OWF purposes, a “stepparent” is a person who is ceremonially or legally married to the child’s parent. All income of a stepparent who is living in the home with the OWF children must be considered in determining the eligibility of the OWF children. Non-recurring lump-sum payments received by a stepparent are considered as income in the month received. That portion retained by the stepparent subsequent to the month of receipt represents a resource to the stepparent. Since the parent of the OWF children must be included in the OWF grant, his needs are not included in the allocation amount set forth in paragraph (G)(6)(b) of this rule, that is deducted from the income of the stepparent. However, income must not be allocated from the stepparent when the parent of the children for whom OWF is requested, is ineligible or excluded from the OWF assistance group.

(3) When the caretaker of an eligible child is included in the OWF assistance group with the eligible child, is under the age of eighteen, and lives with his/her parent(s), the CDJFS must allocate income to the minor caretaker’s assistance group from the minor caretaker’s parent(s). When a minor caretaker resides with a parent and a stepparent (spouse of the minor’s parent), and the minor caretaker is included in the OWF assistance group with the minor’s child, only the income of the minor caretaker’s biological or adoptive parent(s) is used. The income of the stepparent of the minor caretaker is not used in the allocation budget.

When the caretaker of an eligible minor child is under the age of eighteen and that minor caretaker is not included in the OWF assistance group with the eligible child, the income of the parent of the excluded minor caretaker must not be counted or allocated in determining OWF eligibility for the excluded minor caretaker’s child.

A lump-sum payment received by a parent of a minor caretaker who is not a part of the OWF assistance group is considered as income available to the minor caretaker’s assistance group in the month it is received. Any portion of 5101:1-23-20 18 the lump-sum income retained by the parent of the minor caretaker subsequent to the month of receipt represents a resource to the parent of the minor caretaker.

(4) For purposes of this rule, a “specified relative in need” is an individual living with the dependent children who meets the definition of specified relative set forth in section 5107.02 of the Revised Code, and who is not a required member of the standard filing unit as delineated in rule 5101:1-23-10 of the Administrative Code, but who requests to be included in the standard filing unit with the children. When the specified relative has a spouse, the income of the spouse must be used in the determination of the OWF assistance group containing the specified relative in need.

(5) When a parent of a child in the OWF assistance group does not meet the citizenship requirement necessary for receipt of OWF, the alien parent is excluded from the OWF assistance group as set forth in rule 5101:1-23-10 of the Administrative Code. The income of the ineligible alien parent is allocated in accordance with the provisions set forth in paragraph (G) of this rule, in the determination of eligibility and level of benefits for the assistance group.

(6) The income allocation budget is calculated as follows:

(a) First, deduct the first ninety dollars of the individual’s gross earned income for the month.

(b) Second, add the individual’s gross unearned income to the figure derived in paragraph (G)(6)(a) of this rule.

(c) Third, from the figure derived in paragraph (G)(6)(b) of this rule, deduct the allocation amount (as set forth in paragraph (I) of this rule) for the individual from whom the income is being allocated and any other individual who meets all of the following conditions.

(i) The individual is living in the home.

(ii) The individual’s needs are not included in the OWF assistance group. Unless the individual is a recipient of SSI, or otherwise excluded from the assistance group pursuant to rule 5101:1-23-10 of the Administrative Code, the parent of the OWF children must be included in the assistance group. Therefore, the parent’s needs are not included in the allocation amount to be deducted.

(iii) The individual is claimed or could be claimed by the individual from whom the income is being allocated as a dependent for federal personal income tax liability under the internal revenue service’s rule.

(d) Fourth, deduct the amount of the payments made by the individual from whom the income is being allocated for individuals who are not living in the home but are claimed or could be claimed by the individual as dependents for federal personal income tax liability under the internal revenue service’s rules.

(e) Fifth, deduct the amount paid by the individual from whom the income is being allocated as alimony or child support for individuals not living in the home.

(f) The remainder is the amount that is allocated to the OWF assistance group and treated as unearned income to the OWF assistance group.

(H) Earned income disregard

Section 5107.10 of the Revised Code sets forth the specific earned income disregards which are deducted from the assistance group’s gross earned income as defined in paragraph (D)(1) of this rule.

(1) The disregards set forth in section 5107.10 of the Revised Code are applied to the assistance group’s gross earned income for the month (as defined in paragraph (D)(1) of this rule).

(2) The disregard set forth in section 5107.10 of the Revised Code shall not be applied to the assistance group’s gross earned income for any month in which the assistance group failed without good cause to make a timely report of earnings as set forth in rule 5101:1-2-20 of the Administrative Code.

(3) When a required member of the assistance group who is ineligible to be included in the assistance group, as set forth in paragraphs (C)(2) to (C)(8) of rule 5101:1-23-10 of the Administrative Code, has earned income, that individual’s earned income must be included in determining the assistance group’s eligibility to participate in OWF. The income of a required individual who does not meet the citizenship requirements and is excluded from the OWF assistance group as set forth in rule 5101:1-23-10 of the Administrative Code is considered in accordance with the provisions set forth in paragraph (G) of this rule.

(4) When the eligibility of a married pregnant woman living with her spouse with no other eligible children, is determined, as set forth in paragraph (D)(1)(a) of this rule, the income of the woman’s spouse is used in determining her eligibility to participate in OWF. The earned income disregards set forth in section 5107.10 of the Revised Code are applied to the assistance group’s earned income. The remainder of the income is compared to the payment standard for an assistance group size of two. If the income is less than the payment standard for two, the woman’s eligibility to participate in OWF is determined using only her income. Once the child is born, the spouse must be added to the assistance group in accordance with the provisions set forth in rule 5101:1-23-10 of the Administrative Code. When the spouse is added to the assistance group, his income must be used in determining continued eligibility in accordance with the provisions set forth in paragraph (D)(1)(a) of this rule.

(I) Standards chart: allocation allowance standard, OWF payment standard, and the ninety per cent payment standard

(1) The allocation allowance standard is the amount used when a portion of the income of an individual, who is not a member of the assistance group, must be considered in the calculation of income to be applied to an assistance group.

(2) The OWF payment standard is the maximum amount of OWF cash assistance an assistance group may receive. Income that is determined to be available to the assistance group as set forth in this rule is deducted from the OWF payment standard to determine the amount of the OWF cash payment.

(3) As set forth in section 5107.04 of the Revised Code, the OWF payment standard shall increase on the first day of each January by the cost-of-living adjustment (COLA) that is made in the preceding year.

(4) The ninety per cent payment standard.

(a) When an overpayment is recovered by grant reduction, the assistance group retains from its combined income (without disregards), liquid assets, and assistance payment an amount equal to ninety per cent of the payment standard for an assistance group of the same composition with no other income (ninety per cent payment standard). The CDJFS adds any work activity expense allowance or the learning, earning and parenting (LEAP) bonus after the payment standard is reduced for grant reduction.

(b) When an overpayment is recovered by grant reduction, and the individual who caused the overpayment was disqualified due to an intentional program violation as described in Chapter 5101:6-20 of the Administrative Code, and who is still residing with the otherwise eligible assistance group, the remaining assistance group members shall retain (from combined income, liquid assets, and assistance payment) an amount equal to ninety per cent of the payment standard for the assistance group excluding the disqualified individual’s needs.

(5) The following chart provides the standards set forth in paragraphs (I)(1) to (I)(4)(b) of this rule.

Number in Assistance Group Allocation Allowance Standard Payment Standard Ninety Per Cent Payment Standard

1 583 259 233

2 802 355 320

3 980 434 391

4 1210 536 482

5 1417 627 564

6 1578 698 628

7 1761 780 702

8 1954 864 778

9 2149 951 856

10 2345 1037 933

11 2532 1120 1008

12 2727 1207 1086

13 2919 1292 1163

14 3109 1375 1238

15 3304 1462 1316

Add for each person above 15 241 108 97

Effective: 01/01/2009

R.C. 119.032 review dates: 07/01/2011

Promulgated Under: 119.03

Statutory Authority: 5101.18, 5107.05

Rule Amplifies: 5101.17, 5101.18, 5107.02, 5107.05, 5107.10, 5107.16, 5117.10

Prior Effective Dates: 8/1/75, 7/1/76, 9/1/76, 11/1/75, 5/14/77, 12/31/77, 3/10/78, 7/1/78, 8/4/78, 10/26/78, 1/1/79, 4/5/79, 5/1/79, 8/1/79, 9/21/79, 12/1/79, 1/25/80, 2/3/80, 5/29/80, 6/1/81, 9/7/81, 10/1/81, 5/1/82, 7/1/82, 12/1/82, 12/10/82, 12/29/82, 1/1/83, 1/13/83, 7/1/83, 1/1/84, 3/1/84, 6/1/84, 7/1/84 (Temp.), 9/1/84, 9/10/84, 10/1/84 (Emer.), 10/2/84 (Emer.), 12/27/84, 1/1/85 (Emer.), 4/1/85, 7/1/85 (Emer.), 8/1/85 (Emer.), 10/17/85, 1/1/86 (Emer.), 1/2/86, 2/23/86, 4/1/86, 7/1/86, 8/1/86 (Emer.), 10/3/86, 2/1/87 (Emer.), 4/1/87, 7/1/87 (Emer.), 8/3/87, 10/1/87, 7/1/88 (Emer.), 9/1/88 (Emer.), 10/1/88 (Emer.), 12/20/88, 1/1/89 (Emer.), 4/1/89, 7/1/89 (Emer.), 8/21/89, 9/23/89, 10/1/89 (Emer.), 11/1/89 (Emer.), 12/16/89, 1/1/90 (Emer.), 1/29/90, 2/19/90, 3/22/90, 6/1/90, 7/1/90, 9/1/90 (Emer.), 10/1/90, 11/10/90, 5/1/91 (Emer.), 7/1/91, 7/11/91, 7/12/91 (Emer.), 9/22/91, 10/10/91 (Emer.), 12/20/91, 4/1/92, 7/1/92, 10/1/92, 10/1/92 (Emer.), 12/21/92 (Emer.), 1/1/93, 7/1/93, 10/1/93 (Emer.), 12/25/93, 5/18/94, 7/1/94, 8/14/94, 9/1/94, 11/1/94, 3/1/95, 5/1/95, 7/15/95, 8/1/95 (Emer.), 10/30/95, 3/1/96 (Emer.), 5/30/96, 7/1/96 (Emer.), 10/8/96, 7/1/97, 10/1/97 (Emer.), 12/30/97, 7/1/98, 7/1/99, 10/1/99, 1/1/00, 7/1/01, 7/1/02, 10/1/05, 7/1/06

5101:1-23-23 Income tax refunds.

Income tax refunds received by a member of the assistance group or an individual whose income is considered in determining eligibility are exempt from consideration as income.

HISTORY: Eff 6-1-83; 10-1-89 (Emer.); 12-16-89

Rule promulgated under: RC 111.15

Rule authorized by: RC 5107.02

5101:1-23-40 Ohio works first (OWF): payments.

(A) General principles

(1) “OWF payments” are those payments made to an assistance group which represent the difference between the countable income and the appropriate OWF payment standard. All OWF payments are calculated based on a thirty-day month.

(2) Payments are delivered unconditionally to the assistance group, custodian or legal guardian, except if a situation described in paragraph (K) of this rule is applicable.

(3) When an assistance group is eligible for a certain level of assistance on the first day of the month, as a general rule the assistance group is eligible for at least that level of assistance for the entire month. A change in circumstances during the month does not reduce the level of assistance for which the assistance group is eligible that month, with the exception of the following provisions:

(a) OWF cannot be provided for a minor child or parent/specified relative who, without good cause, has been, or is expected to be, absent from the home for a period of forty-five consecutive days. The period of ineligibility begins with the forty-sixth day from the date that the member left the household, unless the provision set forth in division (E)(1) of section 5107.10 of the Revised Code is met.

A parent(s) or specified relative who fails to report that the absence of a child will exceed or has exceeded forty-five consecutive days as set forth in rule 5101:1-3-04 of the Administrative Code is also ineligible for a specified period of time. The beginning date of ineligibility shall be the same day determined as the beginning day of ineligibility for the absent child. The ineligibility continues until the day that the absence was reported by the parent(s) or specified relative or was discovered by the county department of job and family services (CDJFS).

(b) A child who was eligible for, and receiving OWF benefits on the first of the month, who is removed from the family during the month and placed in IV-E foster care, is not eligible to receive both OWF and IV-E foster care in that month, unless the provision set forth in division (E)(1) of section 5107.10 of the Revised Code is met.

(B) Beginning date of OWF

(1) The “beginning date of OWF” to eligible applicants is the date all eligibility factors are met. This beginning date may not precede the date of application but it may be as early as the date of application.

(2) The date all eligibility factors are met is not necessarily the date verifications are provided to the agency. Verification merely establishes that an eligibility factor has been met. The eligibility factors of age, citizenship, living arrangements, residency, income, need, and relationship are conditions that can be verified as existing at an earlier time or on the date the application was received. To have the date of application be the beginning date of OWF, verification of these factors must confirm the existence of eligibility on the date of application.

(a) If the verification shows that the factor was met on a date different from the date of application, the date of verification shall be used if later.

(b) If verification does not indicate that the eligibility factor was met, the beginning date of OWF shall be the date verification was provided to the CDJFS.

(3) The following eligibility factors have special considerations that apply when determining the beginning date of OWF. The date these requirements are met will be the beginning date of OWF if all other factors were met on or before the date.

(a) Pregnancy as an eligibility factor is met when pregnancy is verified to be at least in the sixth month. It must be medically verified that the child is expected to be born in the month the payment is made or within the following three months, and who, if such child had been born and was living with her in the month of payment, would be eligible for OWF.

(b) The social security number requirement is met when the applicant furnishes or applies for a social security number.

(c) For newborns, if the social security number is applied for no later than the first day of the second month following birth or following the mother’s discharge from the hospital, the social security requirement is considered met on the child’s date of birth.

(d) The beginning date of OWF eligibility for a teen parent who is required to enroll in school as a condition of OWF eligibility pursuant to the provisions set forth in rules 5101:1-23-10 and 5101:1-23-50 of the Administrative Code, is the date that the individual enrolls in school if all other eligibility factors were met on or before that date.

(1) “Concurrent receipt of assistance” is defined as the receipt of assistance by an assistance group under more than one public assistance money grant in the same month. The receipt of public assistance, from two or more different states, for a duplicate time period, also constitutes concurrent receipt of assistance.

(2) An assistance group member shall not be eligible to receive or have his needs covered by OWF in more than one assistance group or more than one county in any given month. The exception to this provision is the situation involving the removal of a child by the public children services agency, as set forth in section 5107.10 of the Revised Code. In these situations, OWF could be authorized for up to six payment months for the following assistance groups:

(a) The OWF assistance group where the child(ren) was removed from and an OWF assistance group where the child(ren) is placed; or

(b) The OWF assistance group where the child(ren) was removed from and a Title IV-E (foster care) assistance group where the child(ren) is placed.

(3) It is not appropriate to determine that an assistance group member is ineligible for inclusion in a new assistance group solely because the assistance group member’s needs are still included in a former assistance group. The CDJFS must determine at what point the assistance group member became ineligible for inclusion in the first assistance group. After this determination is made, the CDJFS shall determine eligibility and authorize assistance for the new assistance group. The fact that the assistance group member’s needs have not been removed from the former assistance group shall not preclude eligibility or delay the beginning date of OWF for the new assistance group.

(4) An individual whose needs are met by the supplemental security income (SSI) program shall not be eligible to have his needs included in an OWF assistance group concurrently.

(5) If the assistance group is receiving or is believed to be receiving cash assistance from another state, the CDJFS must determine at what point the assistance group became ineligible for cash assistance in the former state prior to approving OWF in Ohio.

(D) Concurrent receipt of disability financial assistance (DFA) and OWF

(1) An assistance group may receive OWF and DFA in the same month, provided that the amount of DFA received is deducted from the OWF grant amount.

(2) The method for determining the OWF payment is as follows:

(a) Determine the DFA prorated amount for number of days of eligibility.

(b) Determine the OWF prorated amount for number of days of eligibility and add to the amount in paragraph (D)(2)(a) of this rule. This is the amount that the assistance group was eligible to receive.

(c) Subtract the amount of DFA already issued for the month. The result is the amount of OWF that is due to the assistance group.

(E) Repayment of DFA

(1) The amount of OWF used to repay the DFA program for the DFA provided for the month is determined by subtracting the amount in paragraph (D)(2)(a) of this rule from the amount of DFA already issued for the month.

(2) In situations where there is a separation of the DFA assistance group and part of the group is eligible for OWF, the CDJFS shall determine the DFA that the person was eligible for by taking the DFA grant issued and dividing by the number of persons in the DFA assistance group. theThe amount obtained is the DFA for one person. The CDJFS shall then multiply that figure by the number of the DFA assistance group members eligible for OWF.

(F) Assistance groups eligible for less than ten dollars (minimum payment cases)

OWF shall not be authorized when the amount an assistance group is eligible to receive is more than one dollar but less than ten dollars per month. However, because the assistance group is considered in receipt of OWF, all eligibility requirements must be met, including the assignment of child support.

(G) Assistance groups eligible for less than ten dollars after recoupment of an overpayment

When an assistance group is eligible to receive monthly recurring OWF of at least ten dollars, but recoupment of an overpayment reduces the recurring monthly OWF to less than ten dollars, the assistance group shall be issued the amount of the OWF.

(H) Adding an individual to an existing OWF assistance group

(1) An individual is considered to be a part of the assistance group as of the date the individual becomes a required assistance group member in accordance with rule 5101:1-23-10 of the Administrative Code. However, OWF may not be issued for the individual for any time period prior to the date the individual meets all eligibility requirements as set forth in paragraph (H)(2) of this rule.

(2) If an individual is being added to the OWF case, the beginning date of OWF is:

(a) The date that the individual returned to the home, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code and all other eligibility factors are met, including the requirements as set forth in paragraph (B)(3) of this rule; or

(b) The date that the change was reported to the CDJFS or the date that the CDJFS became aware of the change, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code are not met, and all other eligibility factors are met, including the requirements as set forth in paragraph (B)(3) of this rule.

(c) For newborns being added to the OWF case, the beginning date of OWF is the date of birth, provided the reporting responsibilities and all other eligibility factors are met, including the enumeration requirements as set forth in paragraph (B)(3)(c) of this rule.

(d) For specified relatives in need being added to the OWF case, the beginning date of OWF is the date that assistance is requested and all other eligibility factors are met, including the requirements as set forth in paragraph (B)(3) of this rule.

(3) The CDJFS determines eligibility for the assistance group, using the individual’s needs and income from the date the individual is a required assistance group member, or in the case of the specified relative in need, the date that assistance is requested and all other eligibility factors are met.

(4) OWF can only be authorized for the period of time in which all eligibility factors have been met, including enumeration and child support assignment.

For purposes of determining the beginning date of OWF, enumeration and child support assignment may be deemed to be met retroactive to the date the individual was a required assistance group member. The deeming of these eligibility requirements is only allowed if:

(a) The individual’s presence in the home is reported to the CDJFS on a timely basis as outlined in rule 5101:1-2-20 of the Administrative Code; and

(b) The assistance group cooperates with the CDJFS in satisfying all required eligibility factors.

(5) If the assistance group fails to meet these conditions, the CDJFS shall not deem that enumeration and child support assignment requirements have been met.

(6) When the CDJFS receives a JFS 02453 “Inpatient Hospital Admission” (rev. 4/2001) or other written notification from a hospital indicating that a child has been born, the CDJFS shall follow the provisions as set forth in paragraph (H) of this rule.

(I) Prorated payments

(1) The CDJFS shall prorate the payment when an assistance group has eligibility for less than a full month’s grant. The CDJFS issues a prorated payment for initial assistance or for OWF covering prior months. Retroactive OWF may be authorized as the result of a hearing decision or court order. Retroactive OWF may also be authorized when the CDJFS determines that OWF was erroneously denied, terminated, or delayed and a corrective action is being taken.

(2) A prorated payment may be required when OWF is approved during a month in which DFA has been issued.

(3) To calculate a prorated payment, the CDJFS shall:

(a) Determine the applicable payment standard for the assistance group.

(b) Subtract any countable income.

(c) Divide the remainder by the number of days in the month for which the prorated payment is to be determined. This is the per diem amount.

(Note: This amount is always rounded down to the whole cent.)

(d) Determine the actual number of days of cash eligibility by adding the beginning date of aid to the remaining number of days in the month.

(e) Multiply the number of days of eligibility by the per diem amount to determine the prorated payment. (Note: This amount is always rounded down to the whole dollar.)

(4) Support services (e.g., transportation) and learning, earning and parenting (LEAP) program allowances are never prorated. The allowance is always added to the prorated payment.

(5) To determine the prorated payment when adding an individual to an assistance group and the individual’s needs must be considered for part of the month, the CDJFS shall:

(a) Determine the recurring OWF authorized for the month, disregarding any support services or LEAP allowances in the payment.

(b) Determine the new recurring OWF amount with the added individual’s needs included, disregarding any support services or LEAP allowances.

(d) Determine the per diem amount for paragraph (I)(5)(b) of this rule.

(e) Multiply the per diem amount in paragraph (I)(5)(c) of this rule by the number of days prior to the added individual’s beginning date of OWF in the assistance group.

(f) Multiply the per diem amount in paragraph (I)(5)(d) of this rule by the number of days the added individual has cash eligibility in the assistance group.

(g) Add the results determined by paragraphs (I)(5)(e) and (I)(5)(f) of this rule to determine the total OWF payment the assistance group is eligible to receive in the month.

(h) Subtract the amount determined by paragraph (I)(5)(g) of this rule from the amount determined by paragraph (I)(5)(a) of this rule to determine the prorated payment for the month.

(J) Delivery of the OWF warrant

(1) The warrant is delivered only to the payee or otherwise according to the payee’s instructions. If the child is living with a parent, specified relative, custodian or legal guardian, the warrant shall be paid to that individual, unless there is a substitute payee designated to receive payment.

(2) For two-parent assistance groups, the payee will be decided by the assistance group and should be the parent who will act in the best interest of the family.

(3) In an emergency situation which deprives an eligible dependent child of care from the parent, specified relative, custodian or legal guardian, that individual may designate another person to act as the payee during the emergency period, if that person is willing to be so designated. If the individual is not capable of making a choice, the CDJFS shall designate another person to act as the payee.

(4) The emergency period must not exceed a maximum of two consecutive months following the month in which the emergency occurred. If the parent, specified relative, custodian or legal guardian will not resume care of the child within that period, or if it appears doubtful, alternative plans for the child’s care must be completed within that period of time.

(K) Protective payments

(1) Protective payments are made to a third party serving as a representative (protective payee) of the assistance group. The protective payee is responsible for receiving and managing the payment on behalf of the assistance group.

(2) Situations in which it is appropriate to have protective payments include:

(a) The assistance group where a member is serving a permanent disqualification penalty due to an intentional program violation.

(b) The assistance group consisting of a minor parent or pregnant minor, as set forth in section 5107.24 of the Revised Code. The protective payment continues until the minor marries, turns eighteen years of age, or the adult parent, specified relative, custodian or legal guardian cannot or will not continue as the protective payee. Protective payments are not required for a minor residing in an adult-supervised supportive living arrangement as set forth in section 5107.24 of the Revised Code.

(c) The assistance group has a money mismangement situation. “Money mismanagement” is defined as a demonstrated inability to manage funds. A determination of mismanagement shall not be made solely on the fact that bills are not paid in a timely manner. The following are examples of money mismanagement situations and are not all inclusive:

(i) Payments received by the parent, specified relative, custodian or legal guardian have not been or are not currently used in the best interest of the child.

(ii) The parent, specified relative, custodian or legal guardian has misused funds to the extent that allowing that individual to manage the OWF grant is a threat to the health and safety of the child(ren).

(3) The selection of the protective payee shall be made by the assistance group or by the CDJFS with participation and consent from the assistance group. The protective payee may be a relative or friend of the assistance group, an agency providing protective services or a member of the assistance group. If no protective payee can be located, the disqualified member or minor parent can continue to receive the benefits in their name.

(a) Excluded from serving as the protective payee are:

(i) The CDJFS director.

(ii) The eligibility determiner for the assistance group.

(iii) Any CDJFS employee responsible for any fiscal aspects of the assistance group.

(iv) CDJFS special investigative or resource staff.

(v) Landlords, grocers, or any other vendor of goods or services dealing directly with the assistance group.

Effective: 07/01/2007

R.C. 119.032 review dates: 04/16/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 5107.05

Rule Amplifies: 5107.05

Prior Effective Dates: 1/1/74, 1/1/75, 11/1/76, 12/31/77, 10/1/78, 10/26/78, 12/1/78, 5/1/79, 9/21/79, 12/1/81, 5/1/82, 7/1/83, 7/11/83, 11/1/83 (temp.), 11/11/83, 1/1/84, 6/1/84 (temp.), 6/1/84, 7/1/84, 7/15/84 (temp.), 7/15/84, 10/1/84 (temp.), 10/1/84, 10/2/84 (Emer.), 12/27/84, 1/1/85 (Emer.), 4/1/85, 7/1/85 (Emer.), 9/29/85, 4/1/86, 8/1/86 (Emer.), 10/3/86, 1/1/88, 4/1/88 (Emer.), 6/10/88, 9/1/88 (Emer.), 11/3/88, 4/1/89 (Emer.), 4/24/89, 7/1/90, 10/1/90, 5/1/91, 10/1/91 (Emer.), 12/20/91, 5/1/92, 5/1/93, 9/1/93, 9/1/94, 5/1/95, 8/1/95 (Emer.), 10/30/95, 1/1/96, 10/1/96 (Emer.), 12/15/96, 5/1/97, 10/1/97 (Emer.), 12/30/97, 7/1/98, 10/1/99, 7/7/2001, 03/01/02, 08/29/2003 (Emer.), 11/1/03

5101:1-23-50 Ohio works first: the LEAP - learning,earning and parenting program.

The LEAP-learning, earning and parenting (LEAP) program, as set forth in section 5107.30 of the Revised Code, is the “learning, earning and parenting program.” It is a program designed to encourage pregnant and parenting teens to attend and complete high school or the equivalent.

(A) LEAP target population

With the exception of teens who have obtained a high school diploma or the equivalent, teen custodial parents, and pregnant teens under the age of nineteen who are applying for or in receipt of Ohio works first (OWF), are potentially subject to the LEAP program requirements. These requirements apply to teens who live on their own and to teens who live with their parents, other caretaker relatives, legal guardians or legal custodians. The requirements apply to both the teen custodial mother and the teen custodial father of the child and to all pregnant teens.

(B) LEAP definitions

The following definitions apply to the LEAP program:

(1) “Attendance bonus” means a sixty-two dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group who meets the LEAP attendance requirements set forth in this rule.

(2) “Attendance month” means the calendar month in which the teen attended school. Attendance in the month is evaluated in order to determine if an attendance bonus is issued or an attendance sanction is proposed in the corresponding payment month.

(3) “Attendance sanction” means that a LEAP teen with more than two unexcused absences in a month is:

(a) not eligible for the attendance bonus payment; and

(b) the assistance payment for the assistance group containing the LEAP teen will be reduced by sixty-two dollars.

(4) “Enrollment bonus” means a one-time one-hundred dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group who enrolls in school for the first time after being notified of LEAP program participation.

(5) “Excused absence” means the reason for the absence meets the school district’s definition of a valid reason for the teen not to attend school or it was not an absence excusable under the school’s attendance rules but upon review by the county department of job and family services (CDJFS) at the request of the teen, it was acceptable under the good cause reasons provided in the LEAP program.

(6) “Full day” means the entire school day as defined by the school district.

(7) “Grade completion bonus” means a one-hundred dollar financial bonus added to the OWF payment for the assistance group for each LEAP teen included in the assistance group for each subsequent grade completed, except grade twelve. Grade completion is defined by the local school district.

(8) “Graduation bonus” means a one-time five-hundred dollar financial bonus for each LEAP teen included in the assistance group who has graduated from high school or obtained an high school equivalence diploma (HSED).

(9) “High school equivalence diploma (HSED)” means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on the tests of general educational development (GED) as published by the “American Council on Education.” HSED includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

(10) “Home education” means education primarily directed and provided by the parent or guardian of the child under division (A) of section 3321.04 of the Revised Code for the child who is of compulsory school age and is not enrolled in a nonpublic school.

(11) “Internet or community-based computer school”, as set forth in section 3314.02 of the Revised Code, means a community school in which students work primarily from their residences on assignments provided via an internet or other computer-based instructional method that does not rely on regular classroom instruction internet or community-based schools are also sometimes referred to as `electronic schools,’ or `e-schools’.

(12) “Retrospective cycle” means a four sequential month period. The four month period begins with the attendance month, followed by two processing months, and ends with the payment month.

(13) “School” means an educational program which leads to a high school diploma or the equivalent and includes the following: a public school; a private school; a vocational, technical, or adult education school; or a course of study meeting the standards established by the state of Ohio for granting an HSED.

(14) “School attendance officer” means an employee designated by the school who is responsible for matters relating to school attendance and truancy.

(15) “School district” means the territorial unit for school administration as specified in section 3313.64 of the Revised Code.

(16) “School year” for the LEAP program is September through May. These are the months for which attendance will be monitored and enrollment/attendance bonuses and attendance sanctions will be given. This definition does not apply to teens enrolled in a GED program. The school year for GED program purposes is the twelve-month period beginning with the first month of mandatory attendance.

(17) “Unexcused absence” means the reason for the absence does not meet the school district’s definition of a valid reason for the teen not to attend school and upon review by the CDJFS, at the request of the teen, the reason also does not meet any of the LEAP program good cause reasons.

All teens who are under the age of nineteen, who have not graduated from high school or received an HSED or equivalent, and who are not exempt from participation in LEAP pursuant to the conditions set forth in paragraphs (D)(1) to (D)(3) of this rule, are required to attend an assessment and orientation interview.

(1) The assessment interview shall include:

(a) A discussion of the LEAP program goals.

(b) The criteria for receiving the LEAP bonuses and sanctions.

(d) The types of supportive services available in the community.

(e) The rights and responsibilities of program participants.

(f) The determination of whether the teen meets one of the exemptions from participation as set forth in paragraphs (D)(4) to (D)(10) of this rule.

(2) Documents provided to and/or completed by the participant shall include:

(a) The JFS 06905 “LEAP -Learning, Earning And Parenting Program Agreement” (rev. 01/2006). The JFS 06905 is not necessary if the LEAP participant is subject to the self-sufficiency contract requirements of section 5107.14 of the Revised Code, as delineated in paragraph (C)(4) of this rule.

(b) The JFS 06906, “LEAP – Learning, Earning And Parenting Program Rules Booklet: Questions and Answers.” (rev.01/2006)

(3) Both the teen and the assistance group payee, if different, shall be given a copy of the JFS 06905 and the JFS 06906. The teen and the assistance group payee, if different, should be encouraged to sign the JFS 06905; however, the signature is not a requirement. The teen is subject to the requirements of the LEAP program even if the JFS 06905 is not signed. The CDJFS shall document in the assistance group record that a copy of the JFS 06905 and the JFS 06906 were given to the teen and the assistance group payee, if different.

(4) Section 5107.14 of the Revised Code provides that in order to participate in OWF, the minor head of household or each adult member of the assistance group must enter into a written self-sufficiency contract with the CDJFS. When a CDJFS has adopted into its self-sufficiency contract, the rights and responsibilities and penalties for failure to comply with LEAP program requirements set forth in this rule, the JFS 06905 is not required to be completed in the LEAP assessment and orientation interview.

(5) The CDJFS shall assign a case manager to the LEAP program participant and the participant’s family to assist the participant in promoting personal responsibility and in gaining self-sufficiency skills in order to reduce and/or eliminate dependency on cash assistance.

(6) Reassessment shall be an ongoing process. The teen shall be reassessed at least once per year. The CDJFS shall attempt to schedule reassessment when the teen is scheduled to enroll in the new school year. The CDJFS shall review with the teen, at a minimum, the JFS 06905. The reassessment interview shall serve to review school progress and to address any new barriers to continued attendance. No face-to-face interview is required to complete the reassessment.

(D) Exemptions from LEAP participation

A teen who meets any of the conditions set forth in this paragraph is exempt from LEAP participation as long as the teen continues to meet the exemption criteria. While exempt, the teen does not earn the LEAP enrollment, attendance, grade completion and graduation bonuses or attendance sanctions as set forth in paragraphs (G), (L), (P), and (M) respectively of this rule.

With the exception of teens who are under the age of eighteen who meet the exemptions set forth in paragraphs (D)(1) to (D)(3) of this rule, all exempt teens under the age of eighteen must be assigned to an alternative educational or training program defined by the CDJFS, in order to be eligible for OWF. In addition, all exempt LEAP teens who are age eighteen, except those teens who meet the exemptions set forth in paragraphs (D)(1) to (D)(3) of this rule, must be either assigned to an alternative educational or training program defined by the CDJFS or referred for participation in a work activity in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

The exemptions from LEAP participation are:

(1) The teen is the caretaker of a child under the age of twelve weeks old.

(2) The teen is excused from compulsory school attendance in accordance with section 3321.04 of the Revised Code for the purpose of home education.

(3) The teen is participating in an internet or community-based computer school as defined in section 3314.02 of the Revised Code.

(4) Child care services are necessary for the teen to attend school, but child care is unavailable.

(5) Transportation to or from the teen’s school is necessary and there is no public, private, or CDJFS-supported transportation available.

(6) Transportation to or from child care is necessary and there is no public, private, or CDJFS-supported transportation available.

(7) The teen is reasonably prevented from attending school by a physical or mental illness which is expected to last one month or longer.

(8) The child of the teen parent is ill with a physical or mental illness which is expected to last at least one month or longer and this requires full-time care by the teen.

(9) The teen is unable to attend school because the teen was expelled from school and another school or GED program is not available because:

(a) There is no public or private school or GED program within reasonable travel time or distance which will accept the teen; or

(b) There is a public or private school which will accept the teen but the tuition charge is prohibitive and the teen’s school district refuses to pay the tuition.

(10) There are other exceptional circumstances that reasonably prevent the teen from attending school.

(E) Failure to meet assessment and orientation requirement

Teens identified as potentially subject to LEAP program requirements, and who do not meet the exemption conditions set forth in paragraphs (D)(1) to (D)(3) of this rule, shall be scheduled for an assessment interview and orientation as set forth in paragraph (C) of this rule. Failure, without good cause to meet the assessment and orientation requirement will result in one of the following consequences set forth in paragraphs (E)(1) to (E)(2) of this rule.

If the CDJFS determines through available information that the teen is exempt as set forth in paragraphs (D)(1) to (D)(3) of this rule, neither of the consequences set forth in paragraphs (E)(1) to (E)(2) of this rule shall be proposed while the teen meets the exemption.

(1) Teen under the age of eighteen

A teen under the age of eighteen who is not exempt, as set forth in paragraph (D) of this rule, who fails without good cause to meet the assessment and orientation requirements is ineligible to participate in OWF until the teen complies. However, this consequence affects only the teen and does not affect the eligibility of the teen’s child(ren).

(2) Teen who is age eighteen

A teen who is age eighteen who is not exempt as set forth in paragraph (D) of this rule, and who fails without good cause to meet the assessment and orientation requirements shall be referred for participation in a work activity, in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

(F) Assignment to enroll in and attend school or alternative educational program

(1) A teen under the age of eighteen who does not meet any of the exemptions set forth in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(2) A teen under the age of eighteen, who meets one of the exemptions in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the CDJFS. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions.

(3) A teen who is age eighteen who does not meet one of the exemptions set forth in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(4) A teen who is age eighteen who meets one of the exemptions set forth in paragraphs (D)(4) to (D)(10) of this rule shall be either:

(a) Assigned to an alternative educational or training program defined by the CDJFS. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions; or

(b) Referred for participation in a work activity, in accordance with the provisions set forth in sections 5107.40 to 5107.70 of the Revised Code.

(G) Enrollment in school

Within ten calendar days after the assessment interview, a LEAP teen who does not meet an exemption as set forth in paragraph (D) of this rule and who is determined by the CDJFS to be required to enroll in school as provided in paragraph (F) of this rule, shall be required to provide proof of enrollment in a school. This time period may be extended up to thirty days when there is documentation that school arrangements are being made. When enrollment is not possible because school enrollment personnel are not available (e.g., school is not open for enrollment during the summer months), the requirement shall be delayed until compliance is possible. The CDJFS shall document any delay.

A one-time enrollment bonus of one-hundred dollars is issued for each LEAP program participant included in the assistance group for the first enrollment following notification of the LEAP program requirements. The enrollment bonus is issued to the assistance group payee through client registry information system-enhanced (CRIS-E) based upon the enrollment date entered on the WPLS screen.

(1) When enrollment is verified prior to the beginning of the school year, the enrollment bonus shall be issued for the first month of the school year or for the month the teen is scheduled to begin attendance, whichever is later.

(2) When enrollment is verified after the beginning of the school year, the enrollment bonus shall be issued for the month for which the teen is scheduled to begin attendance. If the teen is enrolled and attending school prior to the assessment interview, the enrollment bonus shall be issued for the month of assessment.

(H) Failure to enroll as assigned

When the teen fails to provide enrollment verification as specified in paragraph (G) of this rule, the CDJFS shall send the JFS 06904 “LEAP-Learning, Earning And Parenting Seven-Day Good Cause Notice” (rev 08/2003) or the CRIS-E equivalent in order for the teen or the assistance group payee to provide good cause for having failed to provide enrollment verification. If the CDJFS subsequently determines that good cause does not exist, the CDJFS shall propose one of the actions set forth in paragraph (H)(1) or (H)(2) of this rule.

(1) A teen who is under the age of eighteen who fails without good cause to enroll in school as assigned, is ineligible to participate in OWF. However, this consequence affects only the teen and does not affect the eligibility of the teen’s child(ren).

(2) A teen who is age eighteen who fails without good cause to enroll in school as assigned shall be referred for participation in a work activity as set forth in sections 5107.40 to 5107.70 of the Revised Code.

(I) Tracking school attendance

The CDJFS shall request that the school attendance officer in each school that has a LEAP program participant enrolled to provide information monthly to the CDJFS about each participant’s attendance. The CDJFS shall also request that each school make available the attendance records and other school records of a participant if requested by the CDJFS or other agency acting on the behalf of the CDJFS. The signed JFS 06907 “LEAP – Learning, Earning And Parenting Program School Information Release Form” (rev. 08/2003) shall be provided by the CDJFS for each student.

(1) ODJFS will mail the CRIS-E equivalent of the JFS 06903 “LEAP – Learning, Earning And Parenting School Absence Report” (rev. 07/1996) to each school each month containing the name of the LEAP program participant. The CDJFS shall request that the school review the actual attendance of the teen and to record the specific days the teen was absent and whether the absence was excused or unexcused. If the school monitors attendance by half days, the CDJFS shall request that any half-day absences be reported. The CDJFS shall request that the school forward the completed attendance information to the CDJFS to be received by the fifth calendar day following the end of the attendance month. If the fifth calendar day falls on a weekend or a state or federal legal holiday, the report shall be received by the next working day. The CDJFS shall review this information within five days of receipt.

(2) If the school in which the teen is currently enrolled does not furnish the attendance information timely, and the CDJFS has not received information to the contrary, the teen shall be considered to have met the school attendance requirements in the attendance month.

(3) If the school does not keep daily attendance records, and the CDJFS has not received information to the contrary, the teen shall be considered to have met the school attendance requirement.

(4) The CDJFS may coordinate attendance reporting with the “Adult Basic Literacy and Education” (ABLE) coordinator in the county. To the extent possible, the ABLE instructor may be able to indicate the reason for an absence.

(5) When the school the participant is attending is not in regular session, including during holiday and summer breaks, or the teachers are on strike, the participant shall not be required to attend.

(J) CDJFS review of LEAP attendance information

The CDJFS shall review the attendance information provided by the school.

(1) When the information reported under the category of “unexcused absences” is greater than the number stated in paragraph (L) of this rule, the CDJFS shall send the JFS 06904 or CRIS-E equivalent to the assistance group payee in order to gain information concerning the “unexcused absences.”

(2) When the total number of absences (excused and unexcused) reported exceeds the number of allowable absences and the number of unexcused absences is within the allowable limit, the CDJFS shall send the JFS 06904 or the CRIS-E equivalent to the assistance group payee to gain information.

(3) If the CDJFS determines that good cause exists for an unexcused absence, the “unexcused absence” shall be considered “excused” for purposes of determining if attendance requirements have been met. If the CDJFS evaluates the reasons for the unexcused absence and finds good cause does not exist, or if the assistance group fails to respond within seven days to the JFS 06904, the “unexcused absence(s)” will be used in the determination of an imposition of a sanction.

(K) GED and ABLE

GED programs do not routinely capture information regarding the reason for a student’s absence. For this reason, when the school reports any absences for a teen participating in a GED program, the CDJFS must contact the teen to determine the reason for the absence. The CDJFS shall send the JFS 06904 or the CRIS-E equivalent. The teen or assistance group payee, if different, shall have seven days to respond. The CDJFS shall evaluate the reason given for the absence using the good cause criteria set forth in paragraph (N) of this rule and process the information in accordance with paragraph (P) of this rule. If there is no response to the JFS 06904 or CRIS-E equivalent, the CDJFS shall assume that the absences reported by the school were unexcused absences.

(1) Teens enrolled in a GED or other high school equivalency program shall be required to attend classes up to the scheduled date of the GED test.

(2) The CDJFS shall attempt to coordinate attendance reporting with the ABLE coordinator in the county. ABLE instructors may be able to indicate the reason for an absence.

(L) LEAP attendance bonus

A sixty-two dollar bonus shall be issued for each month for which the attendance requirement is met. The attendance standard shall be considered to have been met if the LEAP program participant has four or fewer total absences in a month with no more than two of such absences unexcused.

(1) Teens with two or fewer unexcused absences but more than four total countable absences in a month shall not be eligible for the sixty-two dollar attendance bonus payment.

(2) Teens enrolled in a GED program shall be required to attend the number of classes per month listed below in order to receive the attendance bonus:

(a) If classes are held five days a week, teen must attend all classes but four a month. No more than two of the total absences may be unexcused absences.

(b) If classes are held four days a week, teen must attend all classes but three a month. No more than two of the absences may be unexcused.

(c) If classes are held three days a week, teen must attend all classes but two a month. No more than one of the total absences may be unexcused.

(d) If classes are held two days a week, teen must attend all classes but two a month. No more than one of the total absences may be unexcused.

(e) If classes are held one day a week, teen must attend all classes but one a month. The absence must be an excused absence.

(3) A participant enrolled in a GED program who misses more than the total number of allowable class absences but does not exceed the number of allowable unexcused class absences shall not be eligible for the sixty-two dollar attendance bonus payment.

(4) Absences shall be waived if the absence is the result of the teen’s or the teen’s child’s illness or injury, when the illness or injury is verified by a physician’s statement. The CDJFS shall waive an absence if there is documentation that the absence was a result of a medical appointment for the teen or the teen’s child that could not be scheduled outside of school hours. The CDJFS shall document that the absence has been waived in both the assistance group record and on the WPLT screen.

(5) The attendance bonus is added to the assistance payment and issued in accordance with paragraph (P) of this rule.

(6) A teen who complies with the attendance requirements as delineated in paragraphs (L)(1) to (L)(2) of this rule shall be eligible to receive the attendance bonus as a part of the recurring OWF payment.

(a) A teen subject to mandatory participation who fails to comply with the attendance requirements shall be subject to a sanction in accordance with paragraph (M) of this rule.

(b) During the first three months of attendance in the school year, beginning with the month for which the enrollment bonus was issued, the JFS 06903 shall be received and reviewed for compliance with the LEAP program attendance requirements. Issuance of the bonus payment or application of the sanction based on attendance shall be determined retrospectively.

(M) LEAP attendance sanction

Teens with more than two unexcused absences in a month shall not be eligible for the attendance bonus payment and the assistance payment for the assistance group containing the LEAP program participant will be reduced by sixty-two dollars.

(1) For a teen enrolled in a GED program, the assistance payment for the assistance group containing the mandatory LEAP program participant shall be reduced by sixty-two dollars if the teen misses more than the total number of unexcused absences allowed in paragraph (L) of this rule.

(2) The teen or assistance group payee shall be required to report to the CDJFS within ten calendar days when the teen ceases to attend or officially withdraws from school. For a mandatory participant who has enrolled in school, and subsequently officially withdraws from school, one of the following consequences is applicable:

(a) For a teen who is under the age of eighteen, the teen is ineligible to participate beginning with the month following the month of withdrawal from school. The OWF payment for the assistance group shall be reduced accordingly. The prior notice requirements set forth in division level designation 5101:6 of the Administrative Code are applicable.

(b) For a teen who is age eighteen when the teen ceases to attend or officially withdraws from school, the teen shall be referred to participate in a work activity in accordance with sections 5107.40 to 5107.70 of the Revised Code.

(3) The reduction in the OWF payment as the result of the mandatory participant having excessive unexcused absences will be applied retrospectively as delineated in paragraph (P) of this rule. The reduction in the OWF payment as the result of school withdrawal will be effective the month after the month of the withdrawal.

(N) Good cause for non-attendance

A teen shall be considered to have good cause for not attending school in the following situations. The CDJFS may require medical or other verification for all of the following circumstances:

(1) The teen was ill, injured, or incapacitated and was reasonably prevented from attending school;

(2) The child of the teen parent was ill, or injured and required care by the teen;

(3) The child care ordinarily used by the teen was temporarily unavailable and no alternative child care was available;

(4) The teen had a scheduled or emergency appointment for medical, dental or vision care;

(5) The child of the teen had a scheduled or emergency appointment for medical, dental or vision care that required the presence of the teen;

(6) A family member was ill and required full-time care by the teen. A “family member” is defined as an individual related by blood, marriage, adoption, legal assignment (foster parent) or is the other parent of the teen custodial parent’s child. The family member must live in the same household as the teen;

(7) A member of the immediate family died. “Immediate family” is defined as a husband, wife, parent, step-parent, grandparent, step-grandparent, sibling, step-sibling, adoptive sibling, child, stepchild, or the other parent of the teen custodial parent’s child. A maximum of five consecutive school days of leave shall be allowed;

(8) A more distant family member died. This includes cousins, uncles, aunts, nephews and nieces. A maximum of three consecutive school days of leave shall be allowed;

(9) Transportation to or from the teen’s school is necessary and the transportation ordinarily used was temporarily unavailable;

(10) Transportation to or from child care is necessary and the transportation ordinarily used was temporarily unavailable;

(11) The teen had a scheduled or emergency appointment at a court or the CDJFS;

(12) Other exceptional circumstance existed that reasonably prevented the teen from attending school.

(O) Failure to comply with assigned alternative educational or training program

Teens who meet one of the exemptions set forth in paragraphs (D)(4) to (D)(10) of this rule must be assigned to an alternative educational or training program defined by the CDJFS, in order to be eligible to participate in OWF. Failure by the teen to comply without good cause with this assignment will result in one of the following two consequences:

(1) A teen who is under eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS is ineligible to participate in OWF.

(2) A teen who is age eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the CDJFS shall be referred for participation in a work activity as set forth in sections 5107.40 to 5107.70 of the Revised Code.

(P) Grade completion and graduation bonuses

(1) Grade completion bonus

A one-hundred dollar grade-completion bonus shall be issued through CRIS-E for each LEAP program participant included in the assistance group for each subsequent grade completed, except grade twelve, in a school or alternative school. Grade completion shall be defined by the local school district.

(a) The grade completion bonus shall be issued upon verification from the school that the LEAP program participant has achieved grade completion for the school year. The grade completion bonus is not issued in the retrospective cycle.

(b) Grade completion bonuses shall not be made for participants in “Adult Basic Literacy and Education” courses.

(2) Graduation bonus

A one-time five-hundred dollar bonus shall be issued through CRIS-E for a LEAP program participant who has graduated from high school or obtained an HSED. The graduation bonus shall be issued upon verification that the LEAP teen has graduated or obtained an HSED. The graduation bonus is not issued in the retrospective cycle.

(Q) LEAP retrospective cycle

(1) The LEAP retrospective cycle is comprised of four sequential months. The cycle begins with the attendance month, continues with two processing months, and ends with the payment month. The retrospective cycle remains in place throughout the school year. Attendance shall not be monitored for teens attending summer school. However, when the teen is enrolled and attending a GED program that begins or continues during the summer months, attendance shall be monitored and issuance of the attendance bonus or application of the sanction based on attendance shall be determined using the retrospective cycle.

(2) The following conditions relate to the application of the attendance bonus and the sanction:

(a) The attendance bonus shall not be issued if there is no OWF eligibility in the corresponding payment month.

(b) The attendance bonus and the sanction shall remain with the teen when the teen becomes a member of a new assistance group.

(i) If the assistance group was ineligible for OWF in a particular attendance month but reapplies and is eligible for OWF in the corresponding payment month, any bonus earned in the attendance month shall be payable in the corresponding payment month.

(ii) If the teen had excessive unexcused absences during the attendance month that the assistance group was ineligible for OWF, no sanction shall be applied in the corresponding payment month.

(3) The penalties for failure to attend the scheduled assessment interview, for failure to enroll in school, for withdrawal from school, or failure to comply with an alternative educational or training program assignment are effective the month following the month of failure or withdrawal, and the retrospective cycle is not used to apply these penalties.

(4) When the participant is no longer subject to the LEAP program requirements and eligibility for OWF continues, the change shall be effective the month following the month the individual’s LEAP program requirements end. However, the issuance of the attendance bonus payment or application of the sanction based on attendance information shall continue in the retrospective cycle provided eligibility for OWF continues.

(5) If the mandatory participant who has been ineligible for failure to enroll and to attend school, reports and verifies a change in circumstances that allows an exemption from participation, as provided in paragraph (D) of this rule, the change shall be handled in the manner of all reported changes that increase the assistance payment.

(6) If the mandatory participant has been enrolled and has been meeting the school attendance requirement, any change occurring that would allow the teen to be exempt shall be effective the month following the month of change. However, because of the retrospective cycle, the change shall not be reflected until the corresponding payment month.

(7) If the exempt participant meets the reporting responsibilities delineated in rule 5101:1-2-20 of the Administrative Code and complies with LEAP program requirements, no sanction shall be proposed and no erroneous payment, as defined in section 5107.76 of the Revised Code occurs. However, if the teen fails to comply with LEAP program requirements, an erroneous payment occurs beginning the first day of the month following the month in which the change occurred.

(8) If the teen fails to meet the reporting responsibilities and the CDJFS determined a change has occurred that would result in the loss of exemption status, the CDJFS shall schedule an assessment interview. If the teen complies with the assessment and enrollment requirements, an erroneous payment would be computed beginning with the first day of the month following the month the change occurred and would continue until the last day of the month prior to the month of the assessment. If the teen fails to comply with the assessment and enrollment requirements, the erroneous payment shall be computed beginning with the first day of the month following the month of change and shall continue through the last day of the month prior to the imposition of the appropriate penalty.

(R) LEAP and the self-sufficiency contract requirements for minor heads of households

Minor heads of households are subject to both LEAP and self-sufficiency contract requirements. LEAP is the appropriate assignment under the self-sufficiency contract for minor heads of households. If the LEAP teen fails to comply with the LEAP program requirements but complies with all other provisions of the self-sufficiency contract, the teen is subject to the LEAP sanctions and penalties as set forth in this rule. If the LEAP teen fails to comply with any of the provisions of the self-sufficiency contract, the teen is subject to the sanctions set forth in section 5107.16 of the Revised Code.

(S) LEAP interface with work activity, developmental activity and alternative work activity

(1) A teen who is eighteen who is a work program participant has the option of returning to regular LEAP participation.

(2) This option cannot be utilized to avoid implementation of a sanction as set forth in section 5107.16 of the Revised Code.

Effective: 01/01/2006

R.C. 119.032 review dates: 10/13/2005 and 01/01/2011

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5107.30

Rule Amplifies: 5107.05, 5107.14, 5107.16, 5107.30, 5107.40, 5107.69

Prior Effective Dates: 7/14/89 (Emer.), 10/09/89, 1/1/90 (Emer.), 3/22/90, 9/1/90 (Emer.), 11/10/90, 1/1/92, 9/1/93, 1/1/94, 9/1/96, 11/1/96, 1/20/97, 12/30/97, 7/1/98, 7/1/99, 08/29/2003 (Emer.), 11/01/2003

5101:1-23-60 Ohio works first (OWF): underpayments.

(A) An “underpayment” is either:

(1) OWF received by or for an assistance group which is less than the amount that the assistance group was eligible to receive; or

(2) The failure to issue OWF to an eligible assistance group. This includes a denial or termination of OWF.

(B) Determination of underpayments

(1) An underpayment is issued from:

(a) The date of the change, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code are met; or

(b) The date that the county department of job and family services (CDJFS) becomes aware of the change, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code are not met.

(2) An underpayment shall be issued for not more than twelve months prior to whichever of the situations in paragraph (B)(1) of this rule occurred first:

(1) The amount of the underpayment is the difference between the amount of OWF which an assistance group was eligible to receive for a particular period of time and the lesser amount which the assistance group actually received for that same period of time.

(2) In calculating the underpayment amount for situations involving the untimely processing of income, the CDJFS shall use the actual income received by the assistance group, provided all of the documentation is available to the CDJFS. If all of the documentation is not available, the CDJFS shall follow the verification provisions as set forth in rule 5101:1-2-20 of the Administrative Code.

(3) In situations where the error does not involve the untimely processing of income, the CDJFS shall use the converted income already established for the month(s).

(4) When there is earned income, the appropriate deductions (i.e., earned income disregard, child care costs) are allowed in order to compute the amount of an underpayment.

(5) Underpayments of less than ten dollars are not subject to the minimum payment provisions as set forth in rule 5101:1-23-40 of the Administrative Code.

(6) An auxiliary payment shall be issued (unless the assistance group declines the benefits in order to avoid using time-limited months) regardless of whether the assistance group is in receipt of OWF.

Effective: 12/01/2006

R.C. 119.032 review dates: 09/14/2006 and 11/01/2011

Promulgated Under: 119.03

Statutory Authority: 5107.05

Rule Amplifies: 5107.05

Prior Effective Dates: 7/1/83, 11/1/84 (Emer.), 1/31/85, 4/1/86, 4/1/88(Emer.), 6/10/88, 5/1/91, 10/1/95, 1/1/96, 5/1/97, 7/1/98, 1/1/99, 10/01/99, 7/1/03

5101:1-23-70 Ohio works first (OWF): erroneous payments.

(A) Cash assistance under the former aid to families with dependent children (ADC) or temporary assistance to needy families (TANF) programs and/or OWF erroneous payments that occurred on or after July 1, 1998, or that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998

All ADC/TANF cash assistance and/or OWF erroneous payments that occurred on or after July 1, 1998, or that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998, shall be recovered in accordance with the provisions set forth in this rule.

(B) ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998

All ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998 are subject to the provisions set forth in rule 5101:1-23-70.1 of the Administrative Code.

Work allowance overpayments that occurred prior to October 1, 1997 are subject to the provisions set forth in rule 5101:1-23-70.2 of the Administrative Code.

(D) Agency caused overpayments that occurred prior to October 1, 1997

The county department of job and family services (CDJFS) has the option of whether to collect agency cause overpayments that occurred prior to October 1, 1997 and that are discovered on or after July 1, 1998.

(E) Definition of erroneous payment

An “erroneous payment” is defined in section 5107.76 of the Revised Code as a payment of cash assistance under OWF to assistance groups not eligible to receive the assistance. Section 5107.02 of the Revised Code defines OWF as the TANF program established in Title IV-A of the Social Security Act. The provisions set forth in this rule apply to all erroneous payments made on or after July 1, 1998, under OWF, including payments of cash assistance for support services funded with TANF monies.

An erroneous payment may occur because of any change in an assistance group’s situation which decreases the level of assistance for which the assistance group is eligible. Paragraph (J) of this rule sets forth the provisions for calculating the erroneous payment.

(F) The prevention of erroneous payments in OWF is an important CDJFS objective. To achieve this objective, the CDJFS must:

(1) Provide the assistance group with frequent and complete explanations of program eligibility, the factors that cause ineligibility and erroneous payments, and the assistance group’s responsibility to report changes in income, need, and other circumstances affecting eligibility (as set forth in rule 5101:1-2-20 of the Administrative Code).

(2) Take action to terminate or adjust the OWF payment as soon as it learns of a change in circumstances which affects the assistance group’s future eligibility for assistance (in accordance with the hearing provisions set forth in division 5101:6 of the Administrative Code).

(3) Take action to recover the erroneous payments in accordance with the provisions set forth in this rule and sections 5107.05 and 5107.76 of the Revised Code.

(G) Assistance group responsibilities

(1) The assistance group shall make an accurate and complete disclosure of all information necessary for a determination of eligibility and for computation of the correct amount of assistance.

(2) Such disclosure shall be made at the time of initial application, at reapplication, and within ten days of the date that any change specifically identified as a reporting requirement in rule 5101:1-2-20 of the Administrative Code occurs.

(3) The assistance group is not required to report any other changes in circumstances until the next reapplication. In such situations, no erroneous payments exist between the date that the unreported change occurs and the date that the change is reported or the CDJFS otherwise becomes aware of the change.

(4) The assistance group’s report of an impending change in circumstances does not negate its responsibility to report any change identified in rule 5101:1-2-20 of the Administrative Code within ten days from the date that the change actually occurs.

(H) Effective date of the budget adjustment

(1) When the assistance group has a change identified in rule 5101:1-2-20 of the Administrative Code as a reporting requirement, and the change results in the decrease in or termination of OWF cash assistance, the CDJFS shall issue a notice of adverse action within ten days of the date the change was reported unless one of the exemptions to the notice of adverse action in Chapter 5101:6-2 of the Administrative Code applies. When a notice of adverse action is issued, the decrease in the benefit level shall be made effective with the OWF benefit for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested. When a notice of adverse action is not issued due to one of the exceptions of rule 5101:6-2-05 of the Administrative Code, the decrease shall be made effective no later than the month following the change. This applies for all reporting requirements listed in rule 5101:1-2-20 of the Administrative Code, whether the change is due to an income-related or non-income-related eligibility factor, except when the change is new employment of an assistance group member. While the new employment must be reported within ten days from the date the employment began, the budget adjustment does not become effective until the later of:

(a) First day of the month following the month in which the assistance group receives earned income from the employment, consistent with the application of the earned income disregard set forth in rule 5101:1-23-20 of the Administrative Code; or

(b) The month following the month in which the notice of adverse action period has expired as set forth in this paragraph.

(2) When the assistance group has a change which is not specifically listed in rule 5101:1-2-20 of the Administrative Code as a reporting requirement that results in decrease in or termination of OWF cash assistance, and the change is not reported by the assistance group until the next reapplication (or between reapplication periods), the time frame for decreasing or terminating the OWF benefit is determined by following the provisions set forth in paragraph (H)(1) of this rule. The provisions contained in paragraph (H)(1) of this rule are applicable when the assistance group reports the change at reapplication, or when the CDJFS became aware of the change.

(I) General rule of eligibility

The provisions regarding the general rule of eligibility as set forth in paragraph (A)(3) of rule 5101:1-23-40 of the Administrative Code are applicable with respect to erroneous payments.

(J) Calculation of erroneous payment

The amount of the erroneous payment is the difference between the amount of benefits the assistance group should have received for a calendar month, and the amount of benefits the assistance group actually received for that month. In determining the amount of erroneous payments, the agency must consider the federal Fair Labor Standards Act (FLSA) (05/00) applicable requirements and/or any other federal labor laws which may apply. When the CDJFS becomes aware of a change in the assistance group’s circumstances, the CDJFS shall determine the following:

(1) The date on which the change occurred, and whether the change was due to one of the reporting requirements listed in rule 5101:1-2-20 of the Administrative Code.

(2) The date on which the change was reported by the assistance group to the CDJFS, or the CDJFS became aware of the change

(3) The date on which the budget change should have been effective, in accordance with the provisions set forth in paragraph (H) of this rule.

(4) The dates and amounts of any erroneous payments, by month.

(a) When the assistance group has earned income, the earned income disregards set forth in section 5107.10 of the Revised Code and rule 5101:1-23-20 of the Administrative Code, shall be deducted as appropriate in computing the amount of the erroneous payment.

(b) For any month that the assistance group failed to report a change in earned income timely as set forth in rule 5101:1-2-20 of the Administrative Code, the earned income disregards shall not be deducted from the assistance group’s gross earned income in accordance with rule 5101:1-23-20 of the Administrative Code when computing the erroneous payment.

(c) When an erroneous payment occurs because an adverse action was proposed, payments continued without change due to a timely hearing request, and the hearing decision affirmed the CDJFS proposal, the amount of the erroneous payment is the difference between the amount the assistance group actually received each month, and the amount the assistance group should have received for each month. When specific amounts of erroneous payments are stipulated in the hearing decision, those amounts are binding, in accordance with the rules set forth in division 5101:6 of the Administrative Code.

(d) Child support that is assigned to ODJFS and which is paid through the child support enforcement agency (CSEA) must be included in the calculation of the erroneous payment. The CDJFS shall determine the exact amounts of the following categories prior to computing the erroneous payment:

(i) Child support collected on current obligation.

(ii) Child support used to reimburse assistance paid to the family. 42 U.S.C. 657 (01/02/06) defines what is reimbursable for child support distribution purposes.

(iii) Assistance provided to the assistance group.

(iv) Correct amount of OWF benefits the assistance group should have received. (for purposes of this rule only, this amount shall be referred to as the OWF entitlement.)

(v) Erroneous payment prior to child support adjustment. (The erroneous payment will always equal the difference between OWF actually paid to the assistance group and the OWF entitlement.)

(vi) Collectible erroneous payment after child support adjustment.

(vii) The erroneous payment to be collected after child support adjustment is computed using the table below and one of the two formulas in the paragraphs immediately following the table.

See Table at http://www.registerofohio.state.oh.us/pdfs/5101/1/23/5101$1-23-70_PH_FF_A_RU_20090120_0900.pdf

(K) Grant reduction

Grant reduction is one of the collection methods set forth in section 5107.76 of the Revised Code. If the method of recovery chosen by the CDJFS is grant reduction, the OWF cash payment is reduced each month until the total amount of the erroneous payment is repaid.

(1) The OWF cash payment may be reduced, provided that for any payment month, the assistance group shall retain from its combined income (without disregards) and assistance payment an amount equal to ninety per cent of the payment standard (as set forth in rule 5101:1-23-20 of the Administrative Code) for an assistance group of the same composition with no other income, unless the assistance group volunteers to pay more. The monthly recovery amount shall be computed from the income and assistance payment available in the payment month. Liquid assets may be explored as well.

(2) If recovery of the erroneous payment through grant reduction reduces the amount payable to the assistance group to zero, the members of the assistance group are considered to be OWF participants and in receipt of OWF benefits.

(3) When an assistance group is eligible for a monthly OWF payment of at least ten dollars, but recovery of an erroneous payment reduces the monthly payment to less than ten dollars, the minimum payment provision set forth in rule 5101:1-23-40 of the Administrative Code does not apply because the assistance group was eligible for a cash payment of at least ten dollars prior to adjustment of the overpayment.

(4) All grant reductions shall be effected with due regard for the fair hearing provisions, including prior notice, set forth in division 5101:6 of the Administrative Code.

(5) If the assistance group becomes ineligible to participate in OWF, the balance of the erroneous payment shall be recovered in accordance with the provisions set forth in section 5107.76 of the Revised Code.

(L) Offsetting erroneous payment against underpayment

When an assistance group has both a current erroneous payment and underpayment as defined in rule 5101:1-23-60 of the Administrative Code, one may be offset against the other provided the erroneous payment is not being challenged under the state hearing procedures as set forth in division 5101:6 of the Administrative Code. There will be no delay in the issuance of the underpayment in this instance.

(1) The CDJFS will notify the assistance group when an underpayment occurs concurrently with the discovery of an erroneous payment or when there is an outstanding delinquent balance from a previous erroneous payment. The notice will advise the assistance group of the underpayment and the amount the CDJFS proposes to use to offset the reported or delinquent erroneous payment balance. The assistance group may exercise its right to a state hearing if it disagrees with the decision of the CDJFS to offset the underpayment against the erroneous payment using the notice. All proposed actions shall be suspended pending the hearing decision.

(2) In a situation in which the underpayment amount is greater than the amount of the erroneous payment, the assistance group shall be issued the difference.

(M) Recovery of erroneous payment from a minor child

As set forth in section 5107.76 of the Revised Code, if a minor child was a member of an assistance group that received an erroneous payment but becomes a member of a new assistance group that does not include a minor head of household or adult who also was a member of the previous assistance group, a CDJFS shall not take action against the new assistance group to recover the erroneous payment the previous assistance group received.

(N) IV-A/IV-D overpayments

(1) Payments made directly to the assistance group on support orders established or modified prior to December 1, 1986 constitute a IV-D overpayment.

(2) All support orders established or modified on or after December 1, 1986 must be paid through the CSEA. Payments on such orders which are made directly to the assistance group are not considered child support payments, but are considered a gift to the assistance group. The overpayment created by the assistance group’s retention of direct payments constitutes a IV-A overpayment.

(3) In all cases, regardless of the date of the order, payments sent to the assistance group erroneously by the CSEA also constitute a IV-D overpayment.

Effective: 02/01/2009

R.C. 119.032 review dates: 11/14/2008 and 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5107.76

Rule Amplifies: 5107.05, 5107.76

Prior Effective Dates: 7/1/83, 7/11/83, 11/11/83, 7/15/84, 10/01/84 (Emer.), 12/27/84, 01/01/85 (Emer.), 04/01/85, 04/01/86, 11/01/86, 10/01/87, 04/01/88 (Emer.), 06/10/88, 06/30/88, 07/01/88 (Emer.), 09/25/88, 05/01/91 (Emer.), 07/11/91, 09/01/93, 09/01/94, 06/11/95, 10/01/96 (Emer.), 12/15/96, 05/01/97, 12/30/97, 07/01/98 (Emer.), 09/29/98, 10/01/99, 12/01/03

5101:1-23-70.1 Ohio works first (OWF): overpayments of aid to dependent children (ADC)/ temporary assistance for needy families (TANF) cash assistance and/or OWF that occurred prior to July 1, 1998.

(A) ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998

ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998, are subject to the provisions set forth in appendix A of this rule. Appendix A of this rule contains the Administrative Code rules that set forth the provisions regarding ADC overpayment identification, computation and collection that existed prior to July 1, 1998.

(B) Work allowance overpayments that occurred prior to October 1, 1997

Work allowance overpayments that occurred and were discovered prior to October 1, 1997, are subject to the provisions set forth in rule 5101:1-23-70.2 of the Administrative Code. Rule 5101:1-23-70.2 of the Administrative Code includes an appendix (appendix A) that contains the Administrative Code rules regarding collection of work activity overpayments that existed prior to October 1, 1997.

The county department of job and family services (CDJFS) has the option of whether to collect agency caused overpayments that occurred prior to October 1, 1997, and that are discovered on or after July 1, 1998.

(D) ADC/TANF cash assistance and/or OWF erroneous payments that occurred on or after July 1, 1998, or that occurred prior to July 1, 1998 but were discovered on or after July 1, 1998

ADC/TANF cash assistance and/or OWF erroneous payments that occurred on or after July 1, 1998, or that occurred prior to July 1, 1998 but were discovered on or after July 1, 1998, shall be recovered in accordance with the provisions set forth in rule 5101:1-23-70 of the Administrative Code.

Appendix A Overpayment Rules That Were in Effect Prior to 07/01/98

See Table at http://www.registerofohio.state.oh.us/pdfs/5101/1/23/5101$1-23-70$1_PH_FF_A_APP1_20080527_1059.pdf

Effective: 07/01/2008

R.C. 119.032 review dates: 03/19/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5107.76

Rule Amplifies: 5107.05, 5107.76

5101:1-23-70.2 Ohio works first (OWF): work allowance overpayments that occurred prior to October 1, 1997.

(A) Work allowance overpayments that occurred and were discovered prior to October 1, 1997

Work allowance overpayments that occurred and were discovered prior to October 1, 1997, are subject to the provisions set forth in appendix A to this rule. Appendix A to this rule contains the Administrative Code rules regarding collection of work allowance overpayments that existed prior to October 1, 1997.

(B) Work allowance overpayments that occurred prior to October 1, 1997, and were discovered on or after October 1, 1997

Work allowance overpayments that occurred prior to October 1, 1997, and were discovered on or after October 1, 1997, shall be recovered in accordance with the provisions set forth in section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code.

APPENDIX A Rules Regarding Work Allowance Overpayments That Occurred Prior to October 1, 1997

See Table at http://www.registerofohio.state.oh.us/pdfs/5101/1/23/5101$1-23-70$2_PH_FF_A_APP1_20080527_1059.pdf

Effective: 07/01/2008

R.C. 119.032 review dates: 03/19/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5107.05, 5107.76

Rule Amplifies: 5107.05, 5107.76

5101:1-23-75 Ohio works first (OWF) and prevention, retention and contingency (PRC): assistance group ineligibility due to receipt of fraudulent assistance.

(A) “Fraudulent assistance”

(1) In accordance with section 5101.83 of the Revised Code, “fraudulent assistance” means assistance and services, including cash assistance provided under the Ohio works first (OWF) program established under Chapter 5107. of the Revised Code, or the prevention, retention and contingency (PRC) program established under Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intentional violation of the program’s requirements. Fraudulent assistance does not include assistance or services paid to or on behalf of an assistance group that is provided as a result of an error that is the fault of the CDJFScounty department of job and family services (CDJFS) or the Ohio department of job and family services (ODJFS).

(2) For purposes of this rule, an “intentional violation of the program’s requirements” is defined as an act by an individual, for the purpose of establishing or maintaining the family’s eligibility for OWF or PRC or for increasing or preventing a reduction in the amount of assistance, which is intentionally: a false or misleading statement or misrepresentation, concealment, or withholding of facts; or any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

(3) An intentional violation of the OWF or PRC program requirements can be established in one of the four circumstances described in paragraphs (A)(3)(a) to (A)(3)(d) of this rule.

(a) A court of appropriate jurisdiction has found that the individual has committed a criminal offense connected to violation of the OWF and/or PRC program requirements.

(b) An administrative disqualification hearing decision finds that the individual has committed an intentional program violation, as set forth in rules 5101:6-20-16 and 5101:6-20-17 of the Administrative Code.

(c) The individual signs a waiver of the disqualification hearing as set forth in rule 5101:6-20-30 of the Administrative Code.

(d) The individual signs a disqualification consent agreement as set forth in rule 5101:6-20-40 of the Administrative Code.

(B) CDJFS director determination

If a CDJFS director determines that an assistance group has received fraudulent assistance in accordance with the provisions set forth in paragraph (A) of this rule, the assistance group is ineligible to participate in the OWF program or the PRC program until a member of the assistance group repays the cost of the fraudulent assistance. Ineligibility as a result of one of the conditions set forth in paragraphs (A)(3)(a) to (A)(3)(d) of this rule, begins not later than the first day of the second month following the issuance of the notice of disqualification for intentional program violation (i.e., the issuance of the JFS 04062, “Notice of Disqualification for Intentional Program Violation” (rev. 05/2001).

When the assistance group members are ineligible in accordance with the provisions set forth in paragraph (B) of this rule, the caretaker(s) and the child(ren) remain ineligible until the fraudulent payment is repaid. If the child(ren) subsequently cease to reside with the ineligible caretaker(s), the ineligibility period ceases for the child(ren).

(D) Repayment of the cost of the fraudulent assistance

If a member of the assistance group repays the cost of the fraudulent assistance, and the assistance group otherwise meets the eligibility requirements for the OWF or the PRC program, the assistance group shall not be denied the opportunity to participate in the program. With the exception of applications submitted for dependent children under the circumstances set forth in paragraph (C) of this rule, for OWF purposes, the beginning date of aid for assistance group members ineligible due to this provision who reapply to participate in OWF can be as early as the date on which the cost of the fraudulent assistance is repaid in full, provided that an application for assistance is submitted and all other eligibility requirements are met as of that date.

Effective: 03/01/2007

R.C. 119.032 review dates: 11/28/2006 and 03/01/2012

Promulgated Under: 119.03

Statutory Authority: 5101.83, 5107.76

Rule Amplifies: 5101.83, 5107.76

Prior Effective Dates: 9/1/94, 10/1/96, 7/1/98, 9/1/98, 9/29/98, 05/01/00, 07/01/03

5101:1-23-80 Employment retention incentive (ERI) program. [Rescinded]

Rescinded eff 8-1-08