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Ohio Laws and Rules
(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 section5107.18 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 section5107.18 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.
(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 (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