LAW
Writer®
Ohio Laws and Rules
(A) Income must be allocated to certain CFC assistance group members from responsible individual(s) living with but not a member(s) of the CFC assistance group. Responsible individuals are spouses and/or natural or adoptive parent(s) who have spouses or children for whom they have legal and/or financial responsibility. Examples of such responsible individuals include, but are not limited to:
(1) Natural or adoptive parent(s) of an unemancipated minor caretaker of a CFC medicaid eligible child,
(2) Natural or adoptive parent(s) of an unemancipated nineteen or twenty year old,
(3) Spouse of a nineteen or twenty year old,
(4) Spouse of a specified relative in need (as defined in rule 5101:1-40-01 of the Administrative Code), and
(5) Natural or adoptive parent(s) who do not meet citizenship requirements.
(B) The allocation allowance is the amount or portion of the income of a responsible individual that must be considered as unearned income to a member(s) of a CFC assistance group.
(C) The same method is used to determine the allocation allowance in any of the situations identified in paragraph (A) of this rule. The allocation allowance is calculated using the following steps:
(1) Determine the gross monthly countable income of the responsible individual. Income exempted pursuant to rule 5101:1-40-20.1 of the Administrative Code is not counted toward the countable gross income.
(a) The responsible individual(s) must provide verification of monthly gross income.
(b) If the responsible individual(s) refuses or is unable to verify income, the CDJFS must explore or provide assistance in obtaining verification prior to denying or removing the affected individual(s) from the CFC assistance group.
(c) If the income of the responsible individual cannot be determined and/or verified pursuant to rule 5101:1-38-01 of the Administrative Code, only the eligibility of individual(s) subject to the allocation of income is affected. The eligibility of any remaining assistance group member(s) is not affected.
(2) Subtract disregards appropriate to the responsible individual circumstances.
(a) The first ninety dollars of the responsible individual’s gross earned income for the month.
(b) The amount equal to the one hundred per cent need standard for the responsible individual from whom the income is being allocated and any other individuals who meet the following conditions:
(i) Who are living in the home; and,
(ii) Whose needs are not included in the CFC assistance group; and
(iii) Who are claimed or could be claimed by the responsible individual as a spouse or dependent for federal personal income tax liability under the internal revenue service rules.
(c) The actual amount of payments, up to the one hundred per cent need standard, made by the responsible 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.
(d) The amount paid by the individual from whom the income is being allocated as court ordered alimony or child support for individuals not living in the home.
(3) The remaining income of the responsible individual is the allocation amount and is to be considered as unearned income in determining financial eligibility of the affected member(s) of the CFC assistance group.
(4) The need of the individual toward whom the income is allocated is defined by the difference between the standard of the assistance group including the individual minus the standard of the assistance group excluding the individual.
(a) Standards presented in rule 5101:1-40-26 of the Adminstrative Code are used for the calculation of the need of the individual.
(i) The payment standard is used to calculate the need of nineteen and twenty year old individuals.
(ii) The ninety per cent federal poverty level is used to calculate the need of a natural or adoptive parent.
(iii) The one hundred fifty per cent healthy start standard is used to calculate the need of minor caretakers.
(b) If the allocated income equals or exceeds the need of the individual, then the affected individual is not eligible for inclusion in the assistance group.
(c) If the affected individual is not eligible for inclusion in the assistance group, but the CDJFS must explore eligibility for other potential medicaid categories prior to denying or terminating for this individual.
(D) Situations in which income is not allocated to member(s) of the CFC assistance group.
(1) The income of a stepparent is not counted in the determination of his stepchild(ren)’s eligibility for CFC medicaid.
(2) The income of a grandparent is not counted in the determination of a minor caretaker’s child(ren)’s eligibility for CFC medicaid.
(3) Only the income of the minor caretaker’s natural or adoptive parent(s) is used when determining a minor caretaker’s eligibility; the income of the stepparent of the minor caretaker is not allocated to the minor caretaker.
(4) When a child receives a state adoption subsidy because of special needs pursuant to rule 5101:1-40-03 of the Administrative Code.
Effective: 01/01/2006
R.C. 119.032 review dates: 10/14/2005 and 01/01/2011
Promulgated Under: 111.15
Statutory Authority: 5111.01
Rule Amplifies: 5111.01 and 5111.019
Prior Effective Dates: 8/01/86 (Emer.), 10/03/86, 10/01/88 (Emer.)12/20/88, 10/01/89 (Emer.), 12/16/89, 3/0194 (Emer.), 4/18/94, 6/01/02 (Emer.), 8/30/02