5101:12-80-09 Unreimbursed assistance.

(A) The unreimbursed assistance (URA) is the total amount of assistance paid to the family that has not been reimbursed from child support and spousal support collections retained by the Ohio department of job and family services pursuant to the assignment of support. This rule describes when assistance paid to the family is to be included in the URA.

(B) Definitions.

(1) The following definitions apply to all rules in division 5101:12 of the Administrative Code.

(a) "Assistance" and "assistance paid to the family" have the same meaning as in action transmittal 99-10 (9/15/1999), which can be located on the federal office of child support enforcement's website.

(b) "Unreimbursed assistance" means the cumulative amount of assistance paid to the family that has not been repaid by retained assigned support collections.

(2) The following definitions apply to this rule:

(a) "Caretaker" means an adult or minor head of household with whom a child who receives Ohio works first (OWF) or medicaid resides but is not the parent of the minor child.

(b) "Family" means a unit of people who receive OWF benefits together. A "family" is either a parent/child family or caretaker/child family, as described in paragraph (C) of this rule.

(c) "Minor child" means, in accordance with section 5107.02 of the Revised Code:

(i) An individual who has not attained the age of eighteen; or

(ii) An individual who has not attained the age of nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

(C) OWF URA.

(1) A minor child who resides with a parent and receives OWF benefits is considered a parent/child family, for OWF URA purposes. Any OWF paid to that parent/child family is added to that parent/child family's OWF URA. The parent/child family can also include any of the following:

(a) The parent or parents of the minor child, when the parent or parents receive OWF benefits with that parent/child family.

(b) A sibling, step-sibling, or half-sibling of the minor child, when the sibling receives OWF benefits with that parent/child family.

(c) A minor child of any of the minor children of the family, when that minor child receives OWF benefits with that parent/child family.

(d) A minor child who is temporarily absent from the parent's home, when that minor child continues to receive OWF benefits with that parent/child family.

(2) A minor child who resides with a caretaker and receives OWF benefits is considered a caretaker/child family, for OWF URA purposes. Any OWF paid to that caretaker/child family is added to that caretaker/child family's OWF URA. The caretaker/child family can also include any of the following:

(a) The caretaker of the minor child, when the caretaker receives OWF benefits with that caretaker/child family.

(b) A sibling of the minor child who resides with the family, when the sibling receives OWF benefits with that caretaker/child family.

(c) A minor child of any of the minor children of the family who resides with the family, when that minor child receives OWF benefits with that caretaker/child family.

(3) When any member of the family no longer receives OWF benefits with that family, then that member is no longer included in that family's OWF URA. When that member receives OWF benefits with or as a new family, any OWF paid to the new family is added the new family's OWF URA. Any OWF paid to the original family is not added to the new family's OWF URA.

(D) Title IV-E foster care maintenance (FCM) URA.

(1) When a minor child receives FCM benefits, any FCM paid for that minor child is added to that minor child's FCM URA.

(2) When that child had received OWF benefits with a family before receiving FCM benefits, then the OWF paid to that family is not added to the child's FCM URA. When a child had received FCM benefits before receiving OWF benefits with a family, any FCM benefits paid to the child is not added to the family's OWF URA.

(E) The total amount of URA paid to the family that may be recovered through the IV-D program is limited by the total amount of the assigned support obligation.

Effective: 01/15/2014
R.C. 119.032 review dates: 10/03/2013 and 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5107.20
Prior Effective Dates: 12/1/08