Chapter 5101:4-6 Determining Eligibility for Specific Groups

5101:4-6-01 Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs.

Narcotic addicts or alcoholics who regularly participate in publicly operated or private non-profit drug addiction or alcoholic treatment and rehabilitation programs on a resident basis may voluntarily apply for the food assistance program.

(A) What is the certification process for treatment center residents?

(1) Applications must be made through an authorized representative who is employed by the treatment center and designated by the center for that purpose.

(2) The county agency shall require the assistance group to designate the treatment center as its authorized representative for the purpose of receiving and using an allotment on behalf of the assistance group.

(3) Residents must be certified as a one-person assistance group unless their children are living with them, in which case their children must be included in the assistance group.

(4) The county agency must certify residents of treatment centers using the same provisions that apply to all other assistance groups, including, but not limited to, the same rights to notices of adverse action and fair hearings.

(5) The county agency must conduct periodic random on-site visits to the treatment center to ensure the accuracy of the list (as provided in paragraph (C)(3) of this rule) and that the county agency's records are consistent and up to date.

(B) What must the treatment center provide in order for the residents of the center to be eligible to receive food assistance?

The facility must provide evidence that it is:

(1) Tax exempt;

(2) Certified by the Ohio department of drug and alcohol services as:

(a) Receiving funding under part B of Title XIX of the Public Health Service Act, U.S.C. 300x (1/19/04);

(b) Eligible to receive funding under part B of Title XIX even if no funds are being received;

(c) Operating to further the purposes of part B of Title XIX, to provide treatment and rehabilitation of drug addicts and/or alcoholics; or

(3) Authorized as a retailer by food and nutrition service.

(a) If the United States department of agriculture (USDA), food and nutrition service (FNS) disqualifies a treatment program as an authorized retail food store, the county agency shall suspend its authorized representative status for the same period.

(C) What are the responsibilities of the treatment and rehabilitation centers?

(1) Accessing the benefits: treatment centers may redeem benefits by using the assistance group's electronic benefit transfer (EBT) card at authorized stores or at a point of sale device at the center, if the center is an authorized retailer.

(2) Change notification: the treatment center must notify the county agency of changes in the assistance group's circumstances as specified in rule 5101:4-7-01 of the Administrative Code and when an assistance group leaves the treatment center. When an individual leaves a treatment center the center must:

(a) Provide the assistance group with a change report form to report to the county agency the assistance group's new address and other circumstances after leaving the center;

(b) Advise the assistance group to return the form to the appropriate county agency office within ten days;

(c) No longer act as the assistance group's authorized representative for certification purposes or for obtaining or using food assistance benefits; and

(d) Provide the assistance group with its EBT card if the card was in the possession of the center. If the assistance group has already left the center, the center must return the EBT card to the county agency.

(3) List of current participants: the treatment center must provide the county agency with a list of currently participating residents that includes a statement signed by a responsible center official attesting to the validity of the list. The participating resident list must be supplied to the county agency by the treatment center on a monthly basis.

(4) The organization or institution shall be responsible for any misrepresentation or intentional program violation which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the assistance group's circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The organization or institution shall be strictly liable for all losses or misuse of food assistance benefits held on behalf of residents and for all overpayments which occur while the assistance group is a resident of the treatment center.

(D) What must the treatment center do with food assistance benefits of recipients that have left the center?

(1) If the assistance group leaves prior to the sixteenth of the month the county agency shall permit the return of one-half of the allotment to the assistance group's EBT account through a refund.

(2) If the assistance group leaves the center on or after the sixteenth day of the month the assistance group must be allowed to receive any remaining benefits authorized or posted to the EBT account at the time the assistance group leaves the center.

(3) The county agency shall promptly notify the state agency when it has reason to believe that an organization or institution is misusing benefits in its possession. The state agency shall notify FNS of the report. The county agency shall not take any action against the organization or institution prior to FNS action. Upon a determination of misuse by FNS the county agency shall establish a claim for the overpayments of food assistance benefits held on behalf of residents as stipulated in paragraph (C)(4) of this rule. If FNS disqualifies an organization or institution as an authorized retail food store, the county agency shall suspend its authorized representative status for the same period.

(4) If the center loses its authorization under Title XIX, or its FNS authorization as a retail food store is revoked, participation by any resident is automatically canceled. A notice of adverse action is not required but the center and each recipient shall be notified in writing of their ineligibility.

Replaces: 5101:4-6-01

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Effective: 03/01/2010
R.C. 119.032 review dates: 03/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 9/27/82, 6/15/86 (Emer.), 9/13/86, 3/24/88 (Emer.), 6/18/88, 9/1/94, 10/1/96, 10/1/97, 2/1/99, 6/1/01 (Emer.), 8/27/01, 12/1/04, 5/24/07

5101:4-6-02 [Effective 7/1/2013]Food assistance: shared parenting.

This rule sets forth the process the county agency shall use when determining eligibility for a dependent child in a shared parenting arrangement.

(A) What are shared parenting arrangements?

(1) Shared parenting arrangements include:

(a) Formal, court ordered arrangements;

(b) Informal arrangements agreed upon mutually by both parents; or

(c) A combination of both formal, court ordered arrangements and informal arrangements.

(2) The county agency shall evaluate actual circumstances when the parents follow an informal arrangement that is different than the shared parenting court order or when there is no formal, court ordered arrangement.

(B) Can both parents receive food assistance for the same child in the same month?

(1) Both parents cannot receive food assistance for the same child in the same month despite a shared parenting order permitting the child to reside with each parent for part of the month.

(2) Since shared parenting arrangements are not the same in each case, a child's food assistance eligibility shall be determined on a case-by-case basis.

(C) How does the county agency determine which assistance group should include the child?

(1) If only one parent applies for the child and the child resides with him or her for part of the month, then the child shall be included in the parent's assistance group.

(2) When both parents apply for the child:

(a) The child shall be included in the assistance group with the parent where he or she resides the majority (more than fifty per cent) of the time.

(b) If the child resides with each parent an equal amount of time, then the county agency shall determine who provides the majority (more than fifty per cent) of the child's meals:

(i) If one parent provides the majority of the child's meals, then the county agency shall include the child with the parent who provides the majority of the meals.

(ii) If both parents provide fifty per cent of the child's meals, then the parents are to agree which parent's assistance group should include the child.

(iii) If both parents provide fifty per cent of the child's meals but the parents cannot agree which assistance group should include the child, then the county agency shall include the child with the parent who applied first.

(D) How does the county agency verify shared parenting arrangements?

The county agency shall use the procedures set forth in rule 5101:4-2-09 of the Administrative Code to verify shared parenting arrangements. The county agency shall use the best available information to determine eligibility. The county agency shall ensure that all supporting documents are located in the assistance group's case file, as well as document the decision made on the case in running record comments in the client registry information system-enhanced (CRIS-E).

(E) How often should the shared parenting arrangement be evaluated?

The child shall remain in the parent's assistance group through the assigned certification period once the county agency determines the child should be included in that assistance group based on the process outlined in paragraph (C) of this rule. Eligibility shall only be re-evaluated when there is a:

(1) Change reported in assistance group composition;

(2) Change reported in the shared parenting arrangement; or

(3) Recertification.

Effective: 07/01/2013
R.C. 119.032 review dates: 07/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54

5101:4-6-03 Food assistance: boarders and income from boarders.

(A) Who is considered a boarder?

Boarders include:

(1) Individuals or groups of individuals who live with someone who is providing their meals and lodging in exchange for a "reasonable amount" of money; and

(2) Adults or children placed in foster care by a government agency.

(B) How is a "reasonable amount" determined for meals and lodging?

To determine if an individual is paying a reasonable amount for meals and lodging, only the amount paid for meals shall be used. A reasonable monthly payment shall be either of the following:

(1) If provided more than two meals a day, when the individual pays an amount which equals or exceeds the maximum monthly allotment for the appropriate size of the assistance group; or

(2) If provided two meals or less per day, when the individual pays an amount which equals or exceeds two-thirds of the maximum monthly allotment for the appropriate size of the assistance group.

(C) Are boarders eligible to receive food assistance?

(1) Boarders are not eligible to participate in the food assistance program by themselves.

(2) Boarders may participate as a member of the assistance group providing their meals and lodging, only at the assistance group's request.

(D) How is a boarder's income and resources counted for the assistance group?

(1) Do not count the income and resources of a boarder who is not included as a member of the assistance group. Consider the amount of payment that the boarder gives the household as self-employment income.

(2) When the boarder is an assistance group member, count his or her income and resources as available to the assistance group.

(3) Foster care payments shall be considered unearned income when received by the assistance group.

(E) How is the payment from boarders counted for the assistance group?

(1) Payments from a boarder, except individuals in foster care, shall be treated as self-employment income.

(2) The income from boarders shall include all direct payments to the assistance group for meals and lodging, including contributions to the assistance group's shelter expenses. Shelter expenses paid directly by boarders to someone outside of the assistance group shall not be counted as income to the assistance group.

(3) The income of the assistance group owning and operating a commercial boardinghouse shall be handled as self-employment income and the criteria in rule 5101:4-6-11 of the Administrative Code shall apply.

(F) How is the cost of doing business determined?

In determining the income received from boarders, the county agency shall exclude the portion of the boarder payment that is a cost of doing business. The amount allowed as a cost of doing business shall not exceed the payment the assistance group receives from the boarder for lodging and meals. The county agency may elect one of the following methods to determine the cost of doing business:

(1) The maximum monthly food assistance benefit for an assistance group that is equal to the number of boarders; or

(2) The actual documented cost of providing lodging and meals, if the actual cost exceeds the appropriate maximum monthly benefit amount or the self employment standard deduction as set forth in rule 5101:4-6-11 of the Administrative Code. If actual costs are used, only separate and identifiable costs for lodging and meals shall be excluded.

(G) What deductible expenses are used to determine the monthly allotment?

The net income from self-employment is added to other earned income and the twenty per cent earned income deduction is applied to the total. Shelter costs the assistance group actually incurs, even if the boarder contributes to the assistance group's shelter expenses, are computed to determine if the assistance group will receive a shelter deduction. The shelter costs shall not include any shelter expenses directly paid by the boarder to a third party, such as the landlord.

Replaces: 5101:4-6-03

Effective: 08/01/2011
R.C. 119.032 review dates: 06/01/2016
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/20/80, 4/1/89, 1/1/95, 2/1/99, 6/1/01 (Emer.), 8/27/01, 3/1/02 (Emer.), 5/13/02, 5/1/06

5101:4-6-04 Food assistance: student enrolled in an institution of higher education.

(A) Who is considered to be an ineligible student?

(1) An individual who is enrolled at least half-time, as determined by the school, in an institution of higher education shall be ineligible to participate in the food assistance program unless the individual qualifies for one of the exemptions in paragraph (B) of this rule.

(2) An individual is considered to be enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

(B) What are the student exemptions?

To be eligible for the program, a student as defined in paragraph (A) of this rule must meet at least one of the following criteria:

(1) Age: the student is age seventeen or younger or age fifty or older.

(2) Unfit to work: the student is physically or mentally unfit. (Note: to determine "unfitness", the criteria in rule 5101:4-3-11 of the Administrative Code are used, not the criteria of "disabled" found in rule 5101:4-1-03 of the Administrative Code.)

(3) Recipient of Ohio works first (OWF): the student is considered to be a recipient of an OWF cash payment.

(4) Enrolled through work activity programs: the student is enrolled in the institution of higher education as a result of participation in an OWF work activity program.

(5) Employed: the student is employed for a minimum of twenty hours per week and is paid for such employment or, if self-employed, is employed for a minimum of twenty hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty hours. The twenty hours per week is specific. The total hours worked in a month cannot be averaged.

(6) Participation in a work study program: the student is participating in a state-financed or federally-financed work study program during the regular school year. To qualify under this provision, the student must be approved for work study at the time of application for food assistance, the work study must be approved for the school term, and the student must anticipate actually working during that time.

The exemption shall begin with the month in which the school term begins or the month work study is approved, whichever is later. Once begun, the exemption shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment. If it is determined that a student had been approved and anticipated performing work study hours that did not materialize, no claim is to be created. If a determination is made that the student deliberately gave wrong or misleading information, a claim is to be created. The student work study exemption shall not continue between terms when there are breaks of a full month or longer unless the student is participating in work study during the break.

(7) Participation in on-the-job training: the student is participating in an on-the-job training program. An individual is considered to be participating in an on-the-job training program only during the period of time the individual is being trained by the employer.

(8) Care of a child under age six: the student is responsible for the care of a dependent assistance group member under the age of six.

(9) Care of a child between six and eleven years of age: the student is responsible for the care of a dependent assistance group member who has reached the age of six but is under age twelve when the county agency has determined that adequate child care is not available to enable the student to attend class and comply with the work requirements of paragraphs (B)(5) and (B)(6) of this rule.

(10) A single parent with a child under age twelve: the student is a single parent enrolled in an institution of higher education on a full-time basis (as determined by the institution) and is responsible for the care of a dependent child under age twelve. This provision applies in those situations where only one natural, adoptive, or stepparent (regardless of marital status) is in the same assistance group as the child. If no natural, adoptive, or stepparent is in the same food assistance assistance group as the child, another full-time student in the same assistance group as the child may qualify for eligible student status under this provision if he or she has parental control over the child and is not living with his or her spouse.

(11) Assigned to school through appropriate program: the student is assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the following programs:

(a) A program under the Workforce Investment Act of 1998 ( Public Law 105-220 ) (08/1998);

(b) An employment and training program under Chapter 5101:4-3 of the Administrative Code;

(c) A program under section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 ) (01/2012); or

(d) An employment and training program for low-income assistance groups that is operated by a state or local government where one or more of the components of such program is at least equivalent to an acceptable food assistance employment and training program component. Self-initiated placements during the period of time the individual is enrolled in one of these employment and training programs shall be considered to be in compliance with the requirements of the employment and training program in which the individual enrolled provided that the program has a component for enrollment in an institution of higher education and that program accepts the placement. Individuals who voluntarily participate in one of these employment and training programs and are placed in an institution of higher education through or in compliance with the requirements of the program shall also qualify for the exemption.

(C) How is enrollment status determined?

The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term excluding summer school.

(D) How is an ineligible student's income and resources handled?

An individual who is subject to the requirements of paragraph (B) of this rule but who does not meet any of the criteria shall be considered ineligible to participate in the food assistance program. The income and resources of the ineligible student shall not be counted in determining eligibility or the level of benefits for the assistance group, as specified in rule 5101:4-6-15 of the Administrative Code.

(E) Are residents of dormitories eligible?

Residents of institutions are not eligible for program participation. Dormitories are considered institutions if they provide students the majority of their meals and the dormitory is not authorized to accept food assistance benefits. If a student can demonstrate that the dormitory does not provide him or her a majority of his meals, the student may participate if otherwise eligible. For example, if the dormitory has separate room/board contracts and the student only enters into a "room" contract, the student would not be considered a resident of an institution.

Replaces: 5101:4-6-04

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 8/1/84 (Emer.), 10/20/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 4/10/87 (Emer.), 6/22/87, 8/1/87 (Emer.), 10/25/87, 3/24/88 (Emer.), 6/18/88, 1/1/89 (Emer.), 3/18/89, 10/1/90, 8/1/92 (Emer.), 10/30/92, 9/1/94, 2/1/96, 2/1/99, 5/1/03, 6/6/08

5101:4-6-07 Food assistance: strikers.

Assistance groups with striking members shall be ineligible to participate in the food assistance program unless the assistance group was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application.

(A) Who is considered a striker?

(1) Anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.

(2) Any employee affected by a lockout, however, shall not be deemed to be a striker.

(3) An individual who goes on strike but is exempt from work registration or completion of the information form on the day prior to the strike, other than those exempt solely on the grounds of being employed at the site of the strike, shall not be deemed to be a striker. Prestrike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

(4) If a striker obtains another job working at least thirty hours per week (or receiving weekly earnings equal to the federal minimum wage multiplied by thirty hours per week), he/she becomes exempt from work registration but continues to be considered a striker until he/she submits a formal, written resignation to the first employer.

(5) Examples of nonstrikers who are eligible for participation in the program include, but are not limited to:

(a) Employees whose workplace is closed by an employer in order to resist demands of employees (e.g. a lockout).

(b) Employees unable to work as a result of striking employees (e.g. striking newspaper pressmen preventing newspapers from being printed and, consequently, truck drivers who are not working because there are no papers to deliver).

(c) Employees who are not part of the bargaining unit on strike not wanting to cross a picket line due to fear of personal injury or death.

(B) How are benefits calculated?

Eligibility at the time of application shall be determined by comparing the striking member's income on the day before the strike to the striker's current income and adding the higher of the two to the current income of nonstriking members during the month of application. If the assistance group is eligible, the higher income figure must also be used in determining the assistance group's benefit amount. Whether the striker's prestrike earnings are used or the current income is used, the earned income deduction shall be allowed if appropriate. An assistance group shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the assistance group.

(C) Does a striker have to work register?

Strikers whose assistance groups are eligible to participate shall be subject to the work registration requirements unless exempt under rule 5101:4-3-11 of the Administrative Code the day of application. Strikers subject to work registration and receiving either a local or state assistance program or food assistance benefits are subject to the employment and training program unless otherwise exempt from participation.

Replaces: 5101:4-6-07

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80; 10/1/81; 2/12/82; 4/1/83; 7/1/87 (Emer.); 9/28/87; 10/1/90; 12/1/94; 8/1/95 (Emer.); 10/13/95; 2/1/99; 2/1/04, 1/1/09

5101:4-6-09 Food assistance: expedited service.

This rule provides the income calculation, certification and verification procedures, the processing standards, and other special procedures applicable to assistance groups eligible for expedited service.

(A) What is expedited service?

Expedited service means that assistance groups are determined eligible for benefits within twenty-four hours or seven days because of the assistance group's circumstances. The county agency's application procedures shall be designed to identify assistance groups eligible for expedited service at the time an assistance group applies for assistance. A receptionist, volunteer, or other employee shall be responsible for screening all requests for assistance as they are received or screening individuals when they come into the office to apply.

(B) Who is entitled to twenty-four hour expedited service processing?

All assistance groups whose net income is zero as calculated in rule 5101:4-4-31 of the Administrative Code, and who have liquid resources of one hundred dollars or less shall be certified for program benefits within twenty-four hours, or if mitigating circumstances occur, within seventy-two hours. The county agency shall also provide the assistance group a list of community assistance programs that provide emergency food.

(C) Who is entitled to receive benefits within seven days?

(1) Assistance groups with less than one hundred fifty dollars in gross monthly income, as calculated in rule 5101:4-4-31 of the Administrative Code and who have liquid resources of one hundred dollars or less.

(2) Migrant or seasonal farm worker assistance groups defined as destitute as set forth in paragraph (F) of this rule who have liquid resources of one hundred dollars or less.

(3) Assistance groups whose combined monthly gross income and liquid resources are less than the assistance group's monthly rent or mortgage and utilities including entitlement to a standard utility allowance, as appropriate.

(D) What happens when the prescreening fails to identify an assistance group for expedited benefits?

If the prescreening fails to identify an assistance group as being entitled to expedited service and the county agency later discovers that the assistance group is entitled to expedited service, the county agency shall provide expedited service to assistance groups from the date the county agency discovers the assistance group is entitled to expedited service.

(E) When eligible for seven day expedited service, what happens when the seventh calendar day falls on a Saturday, Sunday or holiday?

When the seventh calendar day falls on a Saturday, Sunday, or holiday, the county agency shall authorize the food assistance benefits so the assistance group will receive it no later than the last working day prior to the expiration of the seven day processing period.

(F) What is a destitute migrant or seasonal farm worker assistance group?

Migrant or seasonal farm worker assistance groups may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application. Migrant or seasonal farm worker assistance groups are considered destitute if their circumstances are as defined in paragraphs (G)(1) to (G)(3) of this rule. Assistance groups other than migrant or seasonal farm worker assistance groups shall not be classified as destitute.

(1) Migrant or seasonal farm worker assistance groups whose only income for the month of application was from a terminated source are considered destitute and therefore entitled to expedited service. A migrant or seasonal farm worker's source of income shall be considered to be the grower for whom the migrant is working at a particular point in time, and not the crew chief. A migrant or seasonal farm worker who travels with the same crew chief but moves from one grower to another is considered to have moved from a terminated source to a new source. These assistance groups shall be provided expedited service because they may be without income for some time, and may not be able to wait as long as thirty days for food assistance. Income is considered from a terminated source if:

(a) It was received prior to the date of application; and

(b) It is received monthly or more frequently and will not be received again from that same source in the month following application; or

(c) It is normally received less often than monthly and will not be received in the month the next payment from that source is normally received.

(2) Migrant or seasonal farm worker assistance groups whose only income for the month of application is from a new source are considered destitute. These assistance groups may expect to start receiving income from a new job or may have applied for, but have not yet begun to receive benefits from public assistance, unemployment compensation, supplemental security income (SSI), social security, or a similar program. These assistance groups may be totally without income for a number of weeks before the new income begins and therefore unable to meet their current food needs. Income is considered from a new source when:

(a) Income of more than twenty-five dollars will not be received from the new source by the tenth calendar day following the date of application;

(b) Income of twenty-five dollars or less that is normally received monthly or more frequently has not been received from that source within thirty days prior to the date the application was filed; or

(c) Income of twenty-five dollars or less that is normally received less often than monthly was not received within the last normal interval between payments.

(3) Migrant and seasonal farm worker assistance groups may receive both income from a terminated source prior to the date of application and income from a new source after the date of application. These assistance groups are considered destitute if they receive no other income in the month of application from the terminated source and do not receive income of more than twenty-five dollars from the new source by the tenth calendar day after the date of application.

(G) How is eligibility and level of benefits for destitute migrant and seasonal farm worker assistance groups determined?

(1) Destitute migrant and seasonal farm worker assistance groups have their eligibility and level of benefits calculated for the month of application by considering only income from a terminated source that is received between the first of the month and the date of application. Any income from a new source that is anticipated after the day of application is disregarded.

(2) Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. If these payments are reimbursements, and therefore excluded, travel advances will not affect the determination of when an assistance group is destitute. However, if the travel advance is not a reimbursement but is really an advance on future wages and will be subtracted from wages later earned by the employee, the wage advance counts as income. Wage advances, whether excluded as reimbursements or included as income, are not considered when determining if the assistance group has a new source of income or if the assistance group meets the definition of destitute. If an assistance group receives a travel advance prior to filing, income from a travel advance is not considered when determining if a new source of income was received in the thirty days prior to filing.

(3) The procedures for destitute migrant and seasonal farm worker assistance groups apply at initial application and at reapplication, but only for the first month of each certification period. At reapplication, income from a new source is disregarded in the first month of the new certification period if income of more than twenty-five dollars will not be received from this new source by the tenth calendar day after the date of the assistance group's normal issuance cycle.

(H) What are the requirements for verification under expedited service?

(1) Identity:

The applicant's identity must be verified through a collateral contact or readily available documentary evidence at initial application. Examples of acceptable documentary evidence which the assistance group may provide include, but are not limited to: a driver's license, work or school identification or voter registration card. If an authorized representative applies for the assistance group, the identity of both the authorized representative and the assistance group name shall be verified.

(2) Social security number (SSN):

Assistance groups entitled to expedited service will be asked to furnish a SSN for each person applying for benefits or apply for one for each person applying for benefits before the second full month of participation. An assistance group member unable to provide the required SSN or who does not have one prior to the second full month of participation shall be allowed to continue to participate only if he or she satisfies the good cause requirement specified in rule 5101:4-3-24 of the Administrative Code. All other information is not verified prior to expedited certification unless the processing standards can be met.

(3) Other verification requirements:

All reasonable efforts shall be made to verify within the expedited processing standards the assistance group's residency, income statements, liquid resources and all other factors required in rule 5101:4-2-09 of the Administrative Code, through collateral contacts or readily available documentary evidence. However, benefits shall not be delayed beyond the expedited service processing standards solely because these factors have not been verified.

(I) What are the work registration requirements for expedited service processing?

The county agency shall register all assistance group members for work (unless exempt).

(J) What happens when verification requirements are postponed?

(1) For an assistance group applying on or before the fifteenth of the month, the county agency may postpone verification requirements until the second month of the certification period. Any postponed verifications must be provided to the county agency before benefits are issued for the second month, or any subsequent months, of the certification period. When the verification requirements are postponed the assistance group will be sent a notice of eligibility advising that no benefits for the second month will be issued until the postponed verification requirements are satisfied. If the assistance group does not satisfy the postponed verification requirements the county agency does not need to contact the assistance group again.

(2) For an assistance group applying after the fifteenth of the month, the county agency may postpone verification until the third month of participation, if necessary, to meet the expedited time frame. Upon determination of eligibility for the initial month and subsequent months the assistance group shall receive a combined allotment consisting of prorated benefits for the initial month of application and benefits for the first full month of participation within the expedited service time frame. When the verification requirements are postponed the assistance group must be sent a notice of eligibility advising that no benefits for the third month will be issued until the postponed verification requirements are satisfied. If the assistance group does not satisfy the postponed verification requirements the county agency does not need to contact the assistance group again.

(K) Is there a limit on the number of times an assistance group can be certified under the expedited process?

There is no limit to the number of times an assistance group can be certified under the expedited procedures, so long as prior to each expedited certification, the assistance group either completes the verification requirements that were postponed at the last expedited certification or was certified under normal processing standards since the last expedited certification. Expedited service provisions do not apply at reapplication (i.e., when the assistance group reapplies before the end of its current certification period).

Effective: 09/01/2012
R.C. 119.032 review dates: 09/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 4/1/81, 6/18/81, 10/1/8l, 1/22/82, 7/1/82, 10/1/82, 6/1/83, 12/1/85 (Emer), 2/23/86, 8/20/86 (Emer), 11/15/86, 5/1/87 (Emer), 7/10/87, 3/24/88 (Emer), 6/18/88, 5/1/89 (Emer), 7/17/89, 10/1/90, 5/1/91 (Emer), 6/1/91, 7/1/92, 8/1/92 (Emer), 10/30/92, 9/1/94, 8/1/95 (Emer), 10/13/95, 9/22/96 (Emer), 12/21/96, 4/1/97 (Emer), 6/6/97, 10/1/97 (Emer), 10/18/97, 2/1/99, 6/1/01 (Emer), 8/27/01, 8/1/05, 10/2/08, 9/1/10

5101:4-6-11 Food assistance: determining eligibility of assistance groups with income from self-employment.

(A) How is self-employment income determined?

(1) Averaging self-employment income

(a) Self-employment income must be averaged over the period the income is intended to cover, even if the assistance group receives income from other sources. If the averaged amount does not accurately reflect the assistance group's actual circumstances because the assistance group has experienced a substantial increase or decrease in business, the county agency must calculate the self-employment income on the basis of anticipated, not prior, earnings. When possible the county agency should secure a copy of the self-employed individual's tax return. The income listed on the previous year's tax return should be used to estimate the expected earnings.

The internal revenue service (IRS) publications: IRS publications 17, "Your Federal Income Tax"; and 334, "Tax Guide for Small Business"; provide detail on how self-employment income is handled for federal income tax purposes and can be accessed on the IRS website http://www.irs.gov.

(b) If the assistance group's self-employment enterprise has been in existence for less than a year, the income from the self-employment enterprise must be averaged over the period of time the business has been in operation and the monthly amount projected for the coming year.

(2) Anticipating self-employment

For the period of time over which self-employment income is determined the county agency must:

(a) Add all gross self-employment income (either actual or anticipated as provided in paragraph (A)(1) of this rule) and capital gains (as provided in paragraph (B)(2) of this rule); then,

(b) Exclude the costs of producing the self-employment income (as determined in paragraph (C) of this rule); and

(c) Divide the remaining amount of the self-employment income by the number of months the income will be averaged.

(3) Offsetting farm income losses

If the cost of producing self-employment income exceeds the income earned from self-employment, those losses must be prorated in accordance with paragraph (A)(1) of this rule and then offset against countable income to the assistance group as follows:

(a) Offset farm self-employment income losses first against other self-employment income.

(b) Offset any remaining farm self-employment losses against the total amount of earned and unearned income after the earned income deduction has been applied.

(B) What are some of the other income producing categories of self-employment?

(1) Income from rental property

(a) Income derived from rental property is considered earned income for the twenty per cent earned income deduction only if a member of the assistance group is actively engaged in the management of the property at least an average of twenty hours per week. Regardless, income from rental property always has the costs of doing business excluded.

(b) If management of the property for at least an average of twenty hours per week is not met, the net income is considered unearned income and the earned income deduction is not allowed.

(2) Capital gains

(a) The term "capital gains" as used by the internal revenue service (IRS) describes the handling of the profit from the sale or a transfer of capital assets used in a self-employment enterprise or securities, real estate, or other real property held as an investment for a set period of time.

(b) The proceeds from the sale of capital goods or equipment must be calculated in the same manner as a capital gain for federal income tax purposes. Even if only fifty per cent of the proceeds from the sale of capital goods or equipment is taxed for federal income tax purposes, the county agency must count the full amount of the capital gain as income for food assistance purposes.

(c) For assistance groups whose self-employment income is calculated on an anticipated (rather than averaged) basis in accordance with paragraph (A) of this rule, the county agency must count the amount of the capital gains the assistance group anticipates receiving during the months the income is being averaged.

(d) Lump sum payments for the sale of property not connected with self-employment enterprise will be treated as provided in paragraph (B) of rule 5101:4-4-07 of the Administrative Code and paragraph (J) of rule 5101:4-4-13 of the Administrative Code.

(C) What business costs are allowed to be deducted when determining self-employment net income?

The assistance group may choose one of the following two methods:

(1) Fifty per cent standard deduction from gross self-employment income; or

(2) Actual deductions from the gross self-employment income.

(a) Allowable exclusions include but are not limited to:

(i) Identifiable costs of labor;

(ii) Stock;

(iii) Raw material;

(iv) Seed and fertilizer;

(v) Payments on the principal of the purchase price of income-producing real estate and capital assets;

(vi) Equipment, machinery and other durable goods;

(vii) Interest paid to purchase income-producing property;

(viii) Insurance premiums;

(ix) Taxes paid on income producing property;

(x) If the assistance group can document the costs on the portion of a home used in a self-employment enterprise are separate and identifiable, those costs may be excluded as costs of doing business.

(xi) Exclusions from income received from boarders shall be considered in accordance with rule 5101:4-6-03 of the Administrative Code.

(xii) Exempt income of children in migrant assistance groups shall be handled in accordance with paragraph (H) of rule 5101:4-4-13 of the Administrative Code.

(xiii) Business transportation costs. Use actual costs or the federal or state mileage reimbursement rate, whichever is higher.

(b) Unallowable exclusions include but are not limited to:

(i) Net losses from previous periods;

(ii) Federal, state, and local income taxes;

(iii) Money set aside for retirement purposes;

(iv) Other work-related personal expenses, such as transportation to and from work. These expenses are accounted for by the twenty per cent earned income deduction set forth in rule 5101:4-4-23 of the Administrative Code; and

(v) Depreciation.

(D) Are assistance groups with individuals who are self-employed required to register for work?

The receipt of income from self-employment does not automatically exempt a member from the work registration requirement. The member must be actively engaged in the enterprise on a day-to-day basis, and the county agency must determine that the self-employment enterprise either:

(1) Requires at least thirty hours of work per week during the period of certification or an average of thirty hours per week on an annual basis; or

(2) If not generating thirty hours of work a week, is receiving weekly gross earnings at least equal to the federal minimum wage multiplied by thirty hours.

(E) What if a self-employed individual contracts work out?

If the assistance group member hires or contracts another person or firm to handle the daily activities of the self-employment, the member will not be considered as self-employed for the purpose of work registration unless the person continues to work at least thirty hours per week or receives the equivalent of the federal minimum wage multiplied by thirty hours from the self-employment business.

(F) Can seasonal work exempt an individual from the work registration requirement?

If on an annual basis the seasonal employment either averages thirty hours of work per week, or produces earnings averaging at least the federal minimum wage multiplied by thirty hours per week, the assistance group member engaged is exempt from registering even in non-work periods.

For example, if an individual works a minimum of one thousand five hundred sixty hours during the season (thirty hours times fifty-two) or earns the equivalent of this multiplied by the federal minimum wage, he or she is exempt from work registration even during the off-seasons. If the annual average does not meet the minimum for exemption, the member must register for work unless another exemption is met.

Effective: 12/01/2011
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101:54
Prior Effective Dates: 6/2/80; 10/1/81; 9/27/82; 5/1/86 (Emer.); 6/15/86 (Emer.); 8/1/86 (Emer.); 10/1/86; 8/1/87 (Emer.); 10/25/87; 1/5/90 (Emer.); 3/22/90 (Emer.); 10/1/90; 5/1/96; 4/1/97 (Emer.); 6/6/97; 2/1/99; 6/1/01 (Emer.); 8/27/01; 2/1/04, 1/01/09, 8/01/10

5101:4-6-13 Food assistance: determining eligibility of assistance groups with ineligible members.

When an assistance group member cannot participate because he or she: has committed an intentional program violation, is a fleeing felon, is sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code, has a social security number (SSN) disqualification, has failed to comply with an Ohio works first (OWF) requirement set forth in rule 5101:4-3-09 of the Administrative Code, is an ineligible able-bodied adult without dependents, or is an ineligible alien the eligibility and benefit level of any remaining assistance group members shall be determined in accordance with the procedures set forth in this rule.

(A) How is the eligibility and benefit level determined for an assistance group that contains a member who has committed an intentional program violation, has a fleeing felon disqualification or is sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code?

(1) The income and resources of the ineligible member(s) shall count in their entirety and the entire assistance group's allowable earned income, medical, dependent care, legally obligated child support, and excess shelter deductions shall continue to apply to the remaining assistance group members.

(2) The ineligible member shall not be included when determining the assistance group size for the purposes of:

(a) Assigning a benefit level to the assistance group;

(b) Comparing the assistance group's monthly income with the income eligibility standards; or

(c) Applying the standard deduction.

(3) A notice of adverse action is not required when an individual with an intentional program violation is removed during the certification period as set forth in rule 5101:6-2-05 of the Administrative Code. The county agency shall notify the remaining members of their eligibility at the same time the excluded member is notified of his or her intentional program violation.

(4) A notice of adverse action shall be sent to the remaining assistance group members when a fleeing felon or a sanctioned individual is removed during the certification period as set forth in rule 5101:6-2-04 of the Administrative Code.

(5) No assistance group's benefit allotment shall be increased as a result of the exclusion of a member who has committed an intentional program violation, has a fleeing felon disqualification or is sanctioned.

(B) How is the eligibility and benefit level determined for an assistance group that contains a member who has a SSN disqualification, is an ineligible able-bodied adult without dependents or is an ineligible alien as set forth in rule 5101:4-3-07 of the Administrative Code?

(1) The resources of the ineligible member shall continue to count in their entirety to the remaining assistance group members.

(2) A pro rata share of the ineligible member's income shall be counted as income to the remaining members. This pro rata share is calculated as follows:

(a) Subtract the allowable exclusions from the ineligible member's income;

(b) Divide the income evenly among the assistance group members (including the ineligible member); and

(c) Count all but the ineligible member's share as income for the remaining assistance group members.

(3) The county agency must not include the resources and income of an ineligible alien's sponsor and the sponsor's spouse.

(4) The twenty per cent earned income deduction shall apply to the prorated income earned by the ineligible member which is attributed to the remaining assistance group members.

(5) The portion of the assistance group's allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible members shall be divided evenly among the assistance group's members including the ineligible members. All but the ineligible members' share is counted as a deductible child support payment, shelter or dependent care expense for the remaining assistance group members. If the assistance group is eligible for one of the utility allowances the utility allowance shall not be prorated.

(6) The ineligible members shall not be included when determining the assistance group's size to:

(a) Assign benefit level to the assistance group;

(b) Compare the assistance group's monthly income with the income eligibility standards; or

(c) Apply the standard deduction.

(7) A notice of adverse action shall be sent to the remaining assistance group members when a member described in paragraph (B) of this rule is removed during the certification period as set forth in rule 5101:6-2-04 of the Administrative Code.

(C) How is the eligibility and benefit level determined for an assistance group that contains a member who is sanctioned under rule 5101:4-3-09 of the Administrative Code?

(1) The resources of the ineligible member shall continue to count in their entirety.

(2) A pro rata share of the ineligible member's income shall be counted as income to the remaining members. This pro rata share is calculated as follows:

(a) Subtract the allowable exclusions from the ineligible member's income;

(b) Divide the income evenly among the assistance group members (including the ineligible members); and

(c) Count all but the ineligible member's share as income for the remaining assistance group members.

(3) The twenty per cent earned income deduction shall apply to the prorated income earned by such ineligible members which is attributed to the remaining assistance group members.

(4) The portion of the assistance group's allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible members shall be divided evenly among the assistance group's members including the ineligible members. All but the ineligible member's share is counted as a deductible child support payment, shelter or dependent care expense for the remaining assistance group members. If the assistance group is eligible for one of the utility allowances the utility allowance shall not be prorated.

(5) The ineligible members shall not be included when determining the assistance group's size to:

(a) Assign a benefit level to the assistance group;

(b) Compare the assistance group's monthly income with the income eligibility standards; or

(c) Apply the standard deduction.

(6) No assistance group's benefit allotment shall be increased as a result of the exclusion of one or more assistance group members as set forth in rule 5101:4-6-16 of the Administrative Code.

(7) A notice of adverse action shall be sent to the remaining assistance group members when a member as described in paragraph (C) of this rule is removed during the certification period as set forth in rule 5101:6-2-04 of the Administrative Code.

Replaces:

5101:4-6-13

Effective: 03/01/2011
R.C. 119.032 review dates: 12/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 4/1/81, 10/1/81, 9/27/82, 8/1/83, 9/24/83 (TEMP.), 11/11/83, 10/1/86, 1/16/87 (EMER.), 4/6/87, 1/1/91, 8/1/92 (EMER.), 10/30/92, 9/1/94, 9/22/96 (EMER.), 12/21/96, 1/1/97 (EMER.), 3/23/97, 4/1/97 (EMER.), 6/6/97, 7/1/97 (EMER.), 8/14/97, 9/3/97 (EMER.), 10/24/97, 2/1/99, 6/1/01 (EMER.), 8/27/01, 12/1/05

5101:4-6-15 Food assistance: determining eligibility of assistance group when other non-assistance group members share the same address.

A non-assistance group member is a member of the household who is not included in the assistance group such as: an individual who purchases and prepares separately, a roomer, live-in attendant, boarder, supplemental security income (SSI) recipient receiving benefits through a cash-out system, or an ineligible student.

(A) How are the income and resources of non-assistance group members treated?

For all non-assistance group members who are not specifically mentioned in rule 5101:4-6-13 of the Administrative Code income and resources of such individuals shall not be considered available to the assistance group with whom the individual resides.

(B) How are cash payments made by a non-assistance group member to an assistance group member treated?

Cash payments from a non-assistance group member to an assistance group will be considered income under the normal income standards specified in rule 5101:4-4-19 of the Administrative Code, unless the non-assistance group member is making a payment directly to the vendor. Payments made directly to a vendor shall be excluded as income.

(C) How are expenses shared between a non-assistance group member and an assistance group member treated?

(1) If the assistance group shares deductible expenses with the non-assistance group member, only the amount actually paid or contributed by the assistance group shall be deducted as an assistance group expense.

(2) If the payments or contributions cannot be differentiated, the expenses shall be prorated evenly among the individuals actually paying or contributing to the expense and only the assistance group's prorated share is deducted. If the assistance group is eligible for a utility allowance the utility allowance is not prorated.

(3) If the non-assistance group member and any assistance group member contribute to the costs of any utility covered under one of the utility allowances as set forth in rule 5101:4-4-23 of the Administrative Code the assistance group is entitled to the full utility allowance.

(D) How is the income of an assistance group member determined when the income is combined with the income of a non-assistance group member?

When the income of one or more assistance group members and the income of a non-assistance group member are combined, the income of the assistance group members shall be determined as follows:

(1) If the assistance group member's share can be identified, the county agency shall count that portion as income; or

(2) If the assistance group member's share cannot be identified, the county agency shall prorate the income among all those whom it was intended for and only count the assistance group's prorated share.

Effective: 10/01/2013
R.C. 119.032 review dates: 12/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 5/1/82, 9/27/82, 9/1/94, 9/22/96 (Emer.), 12/21/96, 2/1/99, 10/1/01 (Emer.), 10/11/01, 12/1/05, 3/1/11

5101:4-6-16 Food assistance: reduction of cash assistance benefits due to assistance group's failure to perform a required action.

For purposes of this rule, Ohio works first (OWF) and disability financial assistance (DFA) will be referred to as cash assistance.

(A) When are food assistance benefits not to be increased?

The county agency shall not increase the food assistance allotment as the result of a decrease in cash assistance when the decrease is due to the failure of an assistance group member to perform a required action. Cash assistance benefits shall be considered decreased if they are suspended or terminated.

(B) What is considered a failure to perform a required action?

Failure to perform a required action shall be limited to a situation in which benefits are being received and then decreased. The individual must be certified for food assistance benefits at the time of the failure to perform a required action for this rule to apply.

Failures to perform a required action include:

(1) Ohio works first:

(a) Learnfare failure as set forth in rule 5101:1-3-14 of the Administrative Code.

(b) Intentional violation of program requirements disqualification as set forth in rule 5101:1-23-75 of the Administrative Code.

(c) Termination of employment without just cause as set forth in rule 5101:1-3-14 of the Administrative Code.

(d) Fraud provisions (assistance group ineligibility) as set forth in rule 5101:1-23-75 of the Administrative Code.

(e) Refusal to accept unconditionally available income as set forth in rule 5101:1-3-14 of the Administrative Code.

(f) Refusal of a minor parent to reside in an adult-supervised living arrangement as set forth in rule 5101:1-3-03 of the Administrative Code.

(g) Failure of a learning, earning and parenting (LEAP) participant to perform a required action with the high school equivalency diploma as set forth in rule 5101:1-23-50 of the Administrative Code.

(h) Imposition of a LEAP sanction (does not apply to situations where the LEAP bonus is not paid, but no sanction is imposed) as set forth in rule 5101:1-23-50 of the Administrative Code.

(i) Failure to perform a required action with a provision of the OWF self-sufficiency contract as set forth in rule 5101:1-3-14 of the Administrative Code.

(j) Residence fraud as set forth in rule 5101:1-3-14 of the Administrative Code, that does not result in a period of ineligibility for food assistance benefits for the individual(s) who was convicted.

(2) Disability financial assistance:

(a) Erroneous payments as set forth in rule 5101:1-5-50 of the Administrative Code.

(b) Refusal to accept unconditionally available income as set forth in rule 5101:1-5-40 of the Administrative Code.

(c) Failure or refusal to take necessary and available legal action to make a resource owned, jointly with someone other than an assistance group member, available as set forth in rule 5101:1-5-30 of the Administrative Code.

(C) How are food assistance benefits affected when there is a penalty in both the food and cash assistance programs for the same failure to perform a required action?

(1) The appropriate food assistance penalty shall be applied.

(2) After the food assistance penalty is applied (i.e. individual failing or refusing is removed from the assistance group) the allotment is calculated based on the new assistance group size and the actual benefit amount issued by the cash assistance program, if any. If there is no increase, the calculated allotment shall be issued. For example, if a penalty occurs in the OWF program and a penalty is also applied to the food assistance OWF member, the food assistance allotment is calculated based on a zero OWF grant and one less member in the assistance group.

(3) If this allotment calculation results in a greater amount of food assistance benefits than the assistance group was receiving prior to the OWF penalty, the county agency shall issue the food assistance allotment being issued prior to the month of the OWF penalty. The county agency shall then subtract the allotment that the assistance group was receiving prior to the OWF penalty from the newly calculated allotment. This difference is the amount by which the food assistance benefits cannot increase when other changes occur. The calculated difference shall continue to be the amount deducted from a newly calculated allotment when other changes unrelated to the failure to perform a required action occur for the duration of the penalty.

(4) After the food assistance penalty is served, if there are any remaining months of the cash assistance program's penalty to be served, food assistance benefits shall not be increased during the remaining month(s) of the cash assistance program's penalty due to the decrease in the payments.

(D) How are food assistance benefits calculated if there is no penalty in the food assistance program for failure to perform a required action but there is a penalty for cash assistance?

If there is no penalty in the food assistance program for a failure to perform a required action with the cash assistance program, the county agency shall calculate the food assistance benefits using the cash assistance benefit amount which would be issued if no penalty has been imposed. If the cash assistance benefit amount cannot be specifically identified, the prohibition on increased food assistance benefits do not apply.

(E) How are food assistance benefits calculated when there is a recoupment and a reduction of benefits?

(1) In situations in which an assistance group is subject to both a recoupment and a reduction for the same act of noncompliance, food assistance benefits shall be calculated based on the amount of the cash assistance program's benefit prior to recoupment and reduction.

(2) Monies which are voluntarily or involuntarily withheld from a cash assistance program, or returned to repay a prior overpayment which is not considered a failure to complete a required action, shall be handled as recoupments in accordance with paragraph (L) of rule 5101:4-4-13 of the Administrative Code.

(F) How long does the prohibition on increasing food assistance benefits apply?

The prohibition on increasing food assistance benefits applies for no longer than the duration of the decrease in the cash assistance program. If the penalty is still in effect at the end of one year, the county agency shall review the case to determine if the penalty continues to be appropriate. If, for example, the assistance group is still not receiving cash assistance after one year, it may not be appropriate to continue the penalty. Penalties extended beyond one year must be reviewed at least annually but may be ended by the county agency at any time if appropriate. The penalty shall be concurrent with the reduction in the other assistance program to the extent allowed by normal food assistance change processing and notice procedures. If at anytime the county agency can no longer determine the amount of the reduction in assistance, the county agency must document the case accordingly and end the food assistance penalty.

(G) What requirements must the county agency meet to comply with this rule?

(1) The county agency must lift the ban on increasing food assistance benefits if it becomes aware that the person is ineligible for the cash assistance program during the disqualification period for some other reason.

(2) The county agency shall not decrease or terminate an assistance group's current food assistance allotment when the assistance group's benefits under another assistance program, other than cash assistance, have been decreased due to a failure to perform a required action of that program.

(3) If an individual joins a new assistance group, the prohibition on increasing food assistance benefits shall be applied unless that person is ineligible for the assistance program for some other reason. If the individual moves to a new state the prohibition on increasing benefits shall not be applied.

(4) The county agency must restore lost benefits when necessary in accordance with rule 5101:4-8-03 of the Administrative Code if it is later determined that the reduction in the cash assistance benefit was not appropriate.

(5) The county agency must act on changes which are not related to the assistance group's violation and that would affect the assistance group's benefits.

Replaces: 5101:4-6-16

Effective: 08/01/2011
R.C. 119.032 review dates: 06/01/2016
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 3/20/83, 6/17/83, 12/31/84 (Emer.), 4/1/85, 5/3/85 (Emer.), 8/1/85, 1/16/87 (Emer.), 4/6/87, 5/1/87 (Emer.), 7/10/87, 7/20/88 (Emer.), 10/16-88, 4/1/89, 7/11/89 (Emer.), 9/17/89, 2/7/91, 2/3/92, 8/1/92 (Emer.), 10/30/92, 9/1/94, 8/1/95 (Emer.), 10/13/95, 7/1/96, 9/22/96 (Emer.), 10/1/96 (Emer.), 11/22/96, 1/1/97 (Emer.), 3/23/97, 10/1/97 (Emer.), 12/15/97, 1/2/98 (Emer.), 3/19/98, 10/11/01, 12/05/02, 5/1/06

5101:4-6-17 [Rescinded]Food stamps: determining eligibility of public assistance (PA) and categorically eligible assistance groups (AGs).

Effective: 08/01/2011
R.C. 119.032 review dates: 04/26/2011
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 3/20/83, 6/17/83, 12/31/84 (Emer.), 4/1/85, 5/3/85 (Emer.), 8/1/85, 1/16/87 (Emer.), 1/16/87, 4/6/87, 5/1/87 (Emer.), 7/10/87, 7/20/88 (Emer.), 9/15/87 (Emer.), 11/28/87, 10/16/88, 4/1/89, 7/11/89 (Emer.), 9/17/89, 10/1/89 (Emer.), 12/21/89, 10/1/90, 2/3/92, 8/1/92 (Emer.) 10/30/92, 8/1/94, 9/1/94, 8/1/95 (Emer.), 10/13/95, 7/1/96, 9/22/96 (Emer.), 10/1/96, 12/21/96, 2/1/99, 6/1/01 (Emer.), 8/27/01, 3/1/02, 5/1/06

5101:4-6-19 Food assistance: determining eligibility of supplemental security income assistance groups.

Supplemental security income (SSI) assistance groups are those in which all members are applicants for, or recipients of SSI, and who are neither certified for food assistance benefits nor have applied for food assistance benefits during the previous thirty days. These assistance groups have the option of applying for food assistance benefits at their local social security administration district office or at the local county agency.

(A) What are the eligibility standards for SSI assistance groups?

If all members of the assistance group receive SSI:

(1) The gross income test and the net income test are not used in determining eligibility;

(2) The food assistance resource limits do not apply to the assistance group;

(3) Assistance groups must meet the nonfinancial eligibility criteria; and

(4) The county agency shall not require persons potentially eligible for SSI to make application for SSI benefits as a condition of food assistance eligibility.

(B) What forms are required for SSI assistance groups?

The following forms are required:

(1) JFS 07200, "Request for Cash, Food and Medical Assistance" (rev. 12/12).

(2) JFS 01846, "Case Worksheet-Cash, Food Stamp, and Medical Assistance Interview" (5/05) shall be completed by the social security administration if a home visit is needed.

(3) The JFS 07501, "Program Enrollment and Benefit Information" (rev. 10/12).

(C) How are applications for individuals participating in the social security administrations prerelease program processed?

An assistance group which consists of a resident or residents of a public institution(s) which applies for SSI under the social security administration's prerelease program for the institutionalized shall be allowed to apply for food assistance benefits jointly with their application for SSI prior to their release from the institution. These applications will be forwarded to the county agency by the social security administration. The application documents used for prerelease applicants will be the JFS 07200 and the JFS 07501, to be followed by an interactive interview.

(D) What is the social security administration's responsibility?

The social security administration:

(1) Must accept all food assistance applications received at the social security administration office from SSI assistance groups and forward them within one working day after receipt of a signed application to the county agency. The social security administration shall also forward to the county agency a transmittal form. The prerelease applications will be forwarded to the county agency consistent with the above timeframe. The social security administration will later notify the county agency of the applicant's impending release date. Note: counties are required to keep local social security administration offices supplied with the JFS 07200, JFS 01846 and the JFS 07501.

(2) Shall prescreen all applications for entitlement to expedited services on the day the application is received at the social security administration and shall mark "Expedited Processing" on the first page of all applications that appear to be entitled to such processing. The social security administration will inform assistance groups which appear to meet the criteria for expedited service that benefits may be issued a few days sooner if the assistance group applies directly at the county agency. The assistance group may take the application to the county agency for screening, an interview, and processing of the application.

(3) Shall inform an applicant for or recipient of social security benefits under Title II of the Social Security Act or SSI of the availability of benefits under the food assistance program and the availability of a food assistance application at the social security administration office.

(E) What are the interview requirements for SSI assistance groups when the interview is completed at the social security administration?

(1) If the social security administration completes an interactive interview for food assistance on the telephone from a member of an SSI assistance group a JFS 01846 shall be completed by the social security administration during the telephone interview. In these cases, the JFS 07200 and JFS 07501 shall be mailed to the claimant for signature and returned to the social security administration or county agency. The social security administration shall then forward any food assistance applications it receives to the county agency.

(2) Assistance groups who complete an interactive interview for food assistance at the social security administration office will not be required to also see a county eligibility worker or otherwise be subjected to an additional interview unless they request one. The social security administration will provide the county with documentation (i.e., photocopies) of items that must be verified (e.g., income) if the applicant is in possession of such documents at the time of the interview.

(3) The county agency may not require the assistance group to be interviewed again and it shall not contact the assistance group further in order to obtain additional information unless:

(a) The application is improperly completed;

(b) Mandatory verification is missing; or

(c) Certain information is questionable.

(4) It is suggested that the county agency obtain the needed documentation as follows: contact a collateral contact, ask the assistance group to mail the documentation, conduct a home visit, use state data exchange (SDX) or beneficiary and earnings data exchange (Bendex) information. For prerelease applications the county agency should obtain whatever additional information is available from the social security administration at the time of release or if necessary contact the applicant/institution to obtain needed information.

(F) What is the county agency's responsibility?

The county agency shall:

(1) Conduct an interactive interview with the applicant in accordance with rule 5101:4-2-07 of the Administrative Code upon receipt of a JFS 07200. The county agency shall make an eligibility determination and issue food assistance benefits to eligible SSI assistance groups within thirty days following the date the application was received by the social security administration. Applications shall be considered filed for normal processing purposes when the signed application is received by the social security administration. The county agency shall make an eligibility determination and issue food assistance benefits to a resident of a public institution who applies jointly for SSI and food assistance within thirty days following the date of the applicant's release from the institution.

(2) Prescreen all applications received from the social security administration for entitlement to expedited service on the day the application is received. All SSI assistance groups entitled to expedited service shall be certified in accordance with applicable regulations except that the expedited processing time standard shall begin on the date the application is received at the correct county agency office. Expedited processing time standards for an applicant who has applied for food assistance and SSI prior to release shall begin on the date of the applicant's release from the institution.

(3) Restore benefits to an assistance group which were lost because of an error by the county agency or by the social security administration through joint processing. Such an error shall include, but not be limited to, the loss of an applicant's application after it has been filed with social security administration. In addition, if, for any reason, the county agency is not notified on a timely basis of an applicant's release date from a public institution, the county agency shall restore benefits.

Replaces: 5101:4-6-19

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 5/3/85(Emer.), 8/1/85, 8/16/85(Emer.), 11/1/85(Emer.), 1/1/86, 1/1/87(Emer.), 4/6/87, 1/5/90(Emer.), 3/22/90, 10/1/90, 7/1/92, 8/1/92(Emer.), 10/30/92, 7/1/94, 5/1/96, 10/1/96, 5/1/97, 2/1/99, 2/1/04, 5/2/05, 1/1/09, 3/1/11, 7/1/11, 2/1/13

5101:4-6-21 Food stamps: Determining eligibility of resident farm laborers. [Rescinded].

Rescinded eff 2-1-04

5101:4-6-23 Food stamps: Determining eligibility of migrant farm laborers. [Rescinded].

Rescinded eff 2-1-04

5101:4-6-25 Food stamps: Determining eligibility of school employees. [Rescinded].

Rescinded eff 2-1-04

5101:4-6-26 Food assistance: group living arrangements.

(A) What is a group living arrangement?

A group living arrangement is a public or private non-profit residential setting that:

(1) Provides its residents with a majority of their meals (over fifty per cent of their meals daily);

(2) Has no more than sixteen residents; and

(3) Is certified by a public agency of the state of Ohio under section 1616(e) of the Social Security Act of 1935 as amended, or under comparable standards determined by the secretary of the United States department of agriculture (USDA).

(B) What requirements must a group living arrangement meet for residents to be eligible to receive food assistance benefits?

(1) Non-profit: the group living arrangement may be operated by a public agency or private organization but must be considered nonprofit as defined in section 501 of the Internal Revenue Code, as amended in 1993.

(a) The group living arrangement may verify its non-profit status by verifying that it is authorized by the USDA food and nutrition service (FNS) to accept food assistance benefits or by providing other documents.

(b) The verification of non-profit status may be contained in the license or certificate issued by the appropriate state agency. Not all group living arrangements certified or licensed by the state of Ohio are non-profit organizations.

(c) The county agency needs to ensure that the group living arrangement has appropriate non-profit status.

(2) Sixteen or fewer residents: in order to participate in the program under this rule, the maximum number of residents in the group living arrangement shall be sixteen. Not all residents have to be eligible for food assistance benefits for others to be eligible. For example: if there are sixteen residents in a group home and ten apply and only nine are found eligible, the ineligibility of the one person does not affect the eligibility of the others.

(3) Certification and licensure: the group living arrangement shall be certified or licensed by an agency of the state of Ohio that is authorized under section 1616(e) of the Social Security Act of 1935 as amended, or under standards determined by the USDA secretary. Section 1616(e) of the Social Security Act requires Ohio to designate one or more state agencies with the authority to set and enforce standards for various types of group living arrangements.

The county agency shall review the license or certificate of the particular group living arrangement.

(C) What state agencies have authority to certify or license group living arrangements?

The designated state agencies, their responsibilities, and the statutory references are:

(1) Ohio department of mental health - licensing of residential facilities for the mentally ill (section 5119.22 of the Revised Code; Chapter 5122-30 of the Administrative Code).

(2) Ohio department of developmental disabilities - licensing of residential facilities for the mentally retarded and the developmentally disabled (section 5123.19 of the Revised Code; Chapter 5123:2-3 of the Administrative Code).

(3) Ohio department of aging - certifying adult foster homes for older adults and investigating complaints of individuals residing in facilities licensed by the Ohio department of health (Chapter 173. of the Revised Code; agency 173 of the Administrative Code).

(4) Ohio department of job and family services - licensing of group homes for children (section 5103.03 of the Revised Code; Chapter 5101:2-9 of the Administrative Code).

(5) Ohio department of health - licensing of facilities identified as "adult group homes" or "adult care facilities" in divisions (A)(8) and (A)(9) of section 3722.01 of the Revised Code.

(D) What type of residents are eligible to live in a group living arrangement and still be eligible for benefits?

The resident(s) must be blind or disabled as defined in the definition of "elderly or disabled member" as set forth in rule 5101:4-1-03 of the Administrative Code. Aged residents who are not also blind or disabled are not eligible.

(E) How can individuals living in a group living arrangement apply for benefits?

(1) Disabled or blind residents of a group living arrangement may apply for benefits through:

(a) An authorized representative employed and designated by the group living arrangement;

(b) An authorized representative of their choice; or

(c) On their own behalf.

(2) The group living arrangement must determine if a resident may apply on his or her own behalf based on the resident's physical and mental ability.

(3) Some residents of the group living arrangement may apply on their own behalf while other residents of the same group living arrangement may apply through the group living arrangement's representative.

(F) What must the county agency do before certifying any individuals residing in a group living arrangement?

The county agency must verify that the group living arrangement meets the requirements set forth in paragraph (B) of this rule.

(G) How is assistance group composition determined for an individual residing in a group living arrangement?

(1) If the residents apply on their own behalf the assistance group size must be determined in accordance with the definition in rule 5101:4-2-03 of the Administrative Code. The county agency must certify these residents using the same provisions that apply to all other assistance groups.

(2) If the residents apply through the use of the group living arrangement's authorized representative their eligibility must be determined as a one-person assistance group.

(H) How can food be purchased in a group living arrangement setting?

(1) If the residents are certified on their own behalf the benefits may be returned to the group living arrangement to be used to purchase meals served communally or individually to eligible residents or retained and used to purchase and prepare food for their own consumption.

(2) The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at a central location as part of the group living arrangement's service or if meals are prepared at a central location for delivery to individual residents.

(3) If personalized meals are prepared and paid for with food assistance benefits the group living arrangement must ensure that the resident's benefits are used for meals intended for that resident.

(I) What are the responsibilities of the group living arrangement facility?

The group living arrangement must:

(1) Provide a list of food assistance participants: on a periodic basis as determined by the county agency each group living arrangement shall provide the county agency with a list of currently participating residents and include a statement signed by the group living arrangement official attesting to the validity of the list.

(2) Cooperate with on-site visits: the group living arrangement shall cooperate with the county agency when conducting periodic random on-site visits to the facility to assure the accuracy of the list and that the county agency's records are consistent and up-to-date. These visits are determined by the county agency. During the visit, the county agency may also verify other information needed to certify the facility's residents.

(3) Report when an assistance group leaves: the group living arrangement shall notify the county agency that the assistance group has left the group living arrangement and provide the residents with their electronic benefit transfer (EBT) card. The assistance group, not the group living arrangement, shall be allowed to sign for and receive any remaining benefits authorized.

(4) Report changes: if the resident has made application on his or her own behalf the resident is responsible for reporting changes to the county agency as provided in rule 5101:4-7-01 of the Administrative Code. If the group living arrangement is acting as the authorized representative the group living arrangement shall notify the county agency, as provided in rule 5101:4-7-01 of the Administrative Code, of changes in the assistance group's circumstances.

(5) Loss, misuse or overpayment: the group living arrangement shall be responsible for any misrepresentation or intentional program violation which it knowingly commits in the certification of residents. As an authorized representative the group living arrangement must be knowledgeable about assistance group circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The group living arrangement shall be strictly liable for all losses or misuse of benefits held on behalf of resident assistance groups and for all overpayments which occur while acting as an authorized representative. However, the group living arrangement is not responsible for any misrepresentation or intentional program violation if a resident has made application on his or her own behalf. The resident applying on his or her own behalf shall be responsible for overpayments as would any other assistance group.

(J) What must the group living arrangement do with the remaining benefits when an assistance group leaves?

(1) The departing assistance group shall receive its full allotment if no benefits have been spent.

(2) If the benefits have already been issued and the assistance group leaves the group living arrangement prior to the sixteenth day of the month, the facility shall provide the assistance group with one-half of its monthly benefit allotment.

(3) If the assistance group leaves on or after the sixteenth day of the month and benefits have already been issued, the assistance group shall receive any portion of its remaining allotment.

(4) The group living arrangement shall, if possible, provide the assistance group with a change report form to report the change of address and any other change in circumstances after leaving the group living arrangement . The group living arrangement shall also advise the assistance group to return the form to the appropriate county agency within the timeframe outlined in rule 5101:4-7-01 of the Administrative Code.

(5) The group living arrangement shall return any benefits not provided to departing residents at the end of each month to the county agency. These returned benefits shall include those not provided to departing residents because the assistance group left on or after the sixteenth of the month or they left prior to the sixteenth and the facility was unable to provide the assistance group with benefits.

(K) Can a group living arrangement redeem food assistance benefits?

Under the USDA FNS regulations, the only way a group living arrangement can redeem benefits is if the group living arrangement is certified as a retail food store. To become an authorized food assistance retailer the group living arrangement must:

(1) Contact USDA FNS to apply to become a retailer.

(2) The group living arrangement authorized by USDA FNS as a retail food store may be penalized or disqualified if it is determined administratively or judicially that benefits were misappropriated or used for purchases that did not contribute to a certified assistance group's meals.

(L) What should a county agency do if they believe a group living arrangement is inappropriately using benefits?

The county agency shall:

(1) Promptly notify USDA FNS that an organization or institution is misusing benefits in its possession. However, the county agency shall take no action prior to USDA FNS action against the organization or institution.

(2) If the USDA FNS disqualifies the group living arrangement as an authorized retail food store, the county agency must suspend the authorized representative status for the same time; but residents applying on their own behalf will still be able to participate if otherwise eligible.

(3) Establish a claim for overpayment if an overpayment is discovered during an investigation or hearing procedure for redemption violations in accordance with paragraph (I) (5) of this rule.

Replaces: 5101:4-6-26

Effective: 03/01/2011
R.C. 119.032 review dates: 11/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 12/1/80, 9/27/82, 2/15/85 (Emer.), 5/12/85, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 10/1/90, 12/1/91, 8/1/92 (Emer.), 10/30/92, 9/1/94, 7/1/96, 2/1/99, 6/1/01 (Emer.), 8/27/01, 12/1/05, 4/1/10

5101:4-6-27 Food assistance: shelters for battered women and their children.

(A) What requirements must a shelter for battered women and their children meet for residents to be eligible for food assistance?

The shelter must:

(1) Be a public or private non-profit residential facility;

(2) Serve battered women and their children; and

(3) If the facility serves other individuals a portion of the facility must be set aside on a long-term basis to serve only battered women and their children.

(B) What are the county agency's responsibilities prior to determining eligibility of an individual in a shelter?

(1) The county agency shall confirm and document that the shelter meets the requirements set forth in paragraph (A) of this rule.

(2) Shelters already authorized by the United States department of agriculture (USDA) food and nutrition service (FNS) as retailers shall be considered as meeting the definition and the county agency is not required to make any further determination.

(3) The county agency shall maintain a list of shelters meeting the definition.

(C) Can individuals residing in a shelter for battered women and children be certified as separate food assistance groups?

Residents shall be certified as individual assistance groups rather than considered as part of a single assistance group consisting of all shelter residents.

(D) Can a resident that is currently on an open food assistance case be certified as a new assistance group when they move to a shelter?

(1) The county agency must:

(a) Take prompt action to ensure that the former assistance group's eligibility or allotment reflects the change in the assistance group's composition in accordance with rule 5101:4-7-01 of the Administrative Code.

(b) Issue a notice of adverse action in accordance with division 5101:6 of the Administrative Code.

(c) In situations where two or more counties share one shelter, it is the responsibility of the county agency accepting the application to report the change in circumstances to the former county of residence. The former county of residence shall then take prompt action to ensure the assistance group's eligibility or benefit amount reflects the change.

(2) Certified with the abuser: shelter residents who are included in already certified assistance groups may still apply and, if otherwise eligible, participate in the program and be certified as separate assistance groups if they were previously certified with the individual who subjected them to abuse.

(3) Certified without the abuser: individuals leaving a certified assistance group not containing the person who subjected them to abuse are not allowed to be certified in two assistance groups at one time. They should get their share of the benefits from the current assistance group. Duplicate participation is limited to those shelter residents who were forced to leave their prior place of residence because of the person who abused them.

(E) How are income, resources, and expenses of shelter residents treated?

Shelter residents who apply as separate assistance groups shall be certified solely on the basis of their income, resources and expenses for which they are responsible. They shall be certified without regard to the income, resources, and expenses of their former assistance group. Jointly held resources shall be considered inaccessible in accordance with rule 5101:4-4-07 of the Administrative Code. Room payments to the shelter shall be considered as shelter expenses.

(F) Can shelter residents receive expedited service?

Shelter residents are entitled to expedited service if they meet the criteria set forth in rule 5101:4-6-09 of the Administrative Code.

(G) Can a shelter redeem food assistance benefits?

Under the USDA FNS regulations, the only way a shelter can redeem benefits is if the shelter is classified as a retail food store. To become an authorized food assistance retailer the shelter must:

(1) Be tax exempt as determined by the internal revenue service;

(2) Have a portion of the facility set aside on a long-term basis to shelter battered women and their children if they serve other groups of individuals;

(3) Be a residence which serves meals or provides food to its residents; and

(4) Contact USDA FNS to apply to become a retailer. The shelter authorized by USDA FNS as a retail food store may be penalized or disqualified if it is determined administratively or judicially that benefits were misappropriated or used for purchases that did not contribute to a certified assistance group's meals.

Replaces: 5010:4-6-27

Effective: 03/01/2011
R.C. 119.032 review dates: 11/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 7/1/82, 12/31/84 (Emer.), 4/1/85, 7/11/89 (Emer.), 9/17/89, 5/1/97, 2/1/99, 6/1/01 (Emer.), 8/27/01, 2/4/06

5101:4-6-29 Food assistance: elderly and disabled individuals living with others.

(A) Can individuals who are elderly and disabled be certified for food assistance separately from individuals they purchase food and prepare meals with?

(1) Elderly individuals, age sixty and older, (and their spouses) who are disabled as described in paragraph (B) of this rule may be permitted separate assistance group status if they meet the following criteria:

(a) The income of the individuals with whom the elderly and disabled individual resides does not exceed one hundred sixty-five per cent of the poverty level; and

(b) The disabled individual is unable to purchase food and prepare his or her own meals.

(2) If an individual meets these criteria, both the individual and their spouse may be granted separate assistance group status, even if the spouse does not meet the criteria.

(B) What is the disability criteria to be certified for food assistance separately?

The disability shall be considered permanent under the Social Security Act of 1935 or be a nondisease-related, severe, permanent disability. Note: "Disability" as defined in this rule is not the same as "disabled member" as found in rule 5101:4-1-03 of the Administrative Code. The key factor in determining whether or not disability would qualify an individual for separate assistance group status under this provision is an inability to purchase food and prepare meals.

(C) How is a disability verified for separate assistance group status?

(1) For permanent disabilities, the county agency shall refer to the social security administrations list of permanent disabilities. For nondisease-related, severe, permanent disabilities the county agency shall use a statement from the applicant's doctor.

(2) County agencies shall not automatically assume that a disability under the Social Security Act constitutes inability to purchase food and/or prepare meals. If it is obvious to the county agency that the person could not purchase food and prepare his or her own meals as easily as a nondisabled person, additional verification is not needed and the nature of the disability shall be documented in the case file. However, when the inability to purchase food and prepare meals is not obvious to the county agency, the county agency shall request the individual to provide a statement from a physician that he or she is unable to purchase food and prepare his or her own meals.

(D) How is the income of the other individuals in the home determined?

(1) After an elderly individual has been determined disabled in accordance with this rule the following must occur:

(a) The gross income of the others with whom the individual resides must be considered, as if the others were applying for participation; and

(b) The income of the individual who is elderly and disabled and their spouse shall not be included in the calculation, nor are the elderly and disabled individual and their spouse to be considered assistance group members for this purpose.

(2) The gross monthly income of the others shall be compared to the one hundred sixty-five per cent of the federal poverty level for that assistance group size. If the gross income of the others with whom the elderly and disabled individual resides is no more than one hundred sixty-five per cent of the federal poverty level the elderly and disabled individual (and their spouse) shall be granted separate assistance group status.

(3) The elderly and disabled individuals who wish to be a separate assistance group shall be responsible for obtaining the cooperation of the individuals with whom they reside in providing necessary income information to the county agency.

(4) Income of the others with whom the elderly and disabled individuals live shall be verified as if the others were also applying for program participation, as discussed in rule 5101:4-2-09 of the Administrative Code.

(E) How are shared expenses handled?

Once separate assistance group status has been established, county agencies shall prorate any expenses shared by the elderly and disabled individual's assistance group and the others with whom the elderly and disabled assistance group resides. If the assistance group is eligible for one of the utility allowances, the utility allowance shall not be prorated.

Replaces: 5101:4-6-29

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/1/83; 9/24/83; 12/31/84 (Emer.); 4/1/85; 10/1/95 (Emer.); 12/15/95; 2/1/99; 2/1/04, 1/1/09

5101:4-6-31 Food assistance: sponsored aliens.

This rule sets forth who is a sponsored alien, when a sponsor's income and resources are counted to determine eligibility and the county agency's responsibilities.

(A) Who is a sponsored alien?

A sponsored alien is an alien for whom a person (the sponsor) has executed an affidavit of support (INS form I-864 or I-864A) with the United States citizenship and immigration services (USCIS) on behalf of the alien pursuant to section 213A of the Immigration and Nationality Act of 1952.

(B) When is the income and resources of the alien's sponsor counted?

The county agency must attribute a portion of the sponsor's income and resources until the alien gains U.S. citizenship, has worked or can receive credit for forty qualifying quarters of work as described in rule 5101:4-3-07 of the Administrative Code, or the sponsor dies.

(C) What portion of the sponsor's income is attributed to the sponsored alien?

(1) A portion of the sponsor's monthly income shall be counted as unearned income to the sponsored alien's assistance group. The monthly income of the sponsor and the sponsor's spouse shall be determined in accordance with rules 5101:4-4-19 and 5101:4-4-13 of the Administrative Code at the time the assistance group containing the sponsored alien applies or is recertified minus the deductions listed as follows:

The county agency shall:

(a) Apply the twenty per cent earned income deduction to the earned income of the sponsor and the sponsor's spouse; and

(b) Subtract an amount equal to the monthly gross income standard for an assistance group equal in size to the sponsor, the sponsor's spouse, and any other person who is claimed or who could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

(2) The county agency must consider as income to the alien any money the sponsor or the sponsor's spouse pays to the eligible sponsored alien, but only to the extent the money exceeds the amount attributed to the sponsored alien in accordance with paragraph (C)(1) of this rule.

(3) If the alien has already reported gross income information for his or her sponsor in compliance with Ohio works first (OWF) sponsored alien rule 5101:1-2-35 of the Administrative Code, the county agency may use that income amount for the food assistance program.

(D) What portion of the sponsor's resources are attributed to the sponsored alien?

The county agency must attribute the total amount of the resources of the sponsor and the sponsor's spouse as determined in rule 5101:4-4-01 of the Administrative Code reduced by fifteen hundred dollars.

(E) How are the income and resources of the sponsor attributed if he or she sponsors multiple aliens?

If a sponsored alien can demonstrate to the county agency's satisfaction that his or her sponsor is the sponsor of other aliens, the county agency must divide the income and resources attributed under paragraphs (C) and (D) of this rule by the number of such sponsored aliens.

(F) When are the sponsor's income and resources not attributed to the sponsored alien?

The county agency shall not attribute a portion of a sponsor's income or resources when the sponsored alien is:

(1) An alien who is a member of his or her sponsor's assistance group.

(2) An alien who is sponsored by an organization or group as opposed to an individual.

(3) An alien who is not required to have a sponsor under the Immigration and Nationality Act, such as a refugee, a parolee, an asylee, or a Cuban or Haitian entrant.

(4) An ineligible alien as set forth in rule 5101:4-3-07 of the Administrative Code.

(5) An indigent alien that the county agency has determined is unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor(s).

(a) For purposes of this paragraph, the phrase "is unable to obtain food and shelter" means that the sum of the eligible sponsored alien's assistance group's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed one hundred thirty per cent of the federal poverty income guideline for the assistance group's size. Appendix A to rule 5101:4-4-11 of the Administrative Code provides the one hundred thirty per cent of the federal poverty income guideline amounts.

(b) The county agency must determine the amount of income and other assistance provided in the month of application. If the alien is indigent, the only amount that the county agency must attribute to such an alien will be the amount actually provided for a period beginning on the date of such determination and ending twelve months after such date. Each indigence determination is renewable for additional twelve-month periods.

(6) A battered alien spouse, alien parent of a battered child, or child of a battered alien, for twelve months after the county agency determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After twelve months, the county agency must not attribute the batterer's income and resources if the battery is recognized by a court or the USCIS and has a substantial connection to the need for benefits (for guidance, see the department of justice interim guidance published on November 17, 1997 ( 62 CFR 61344 ), and the alien does not live with the batterer.

(7) A child who is under eighteen years of age.

(G) What are the responsibilities of the sponsored alien?

(1) Obtaining the cooperation of the sponsor and for providing the county agency at the time of application and reapplication with the information and documentation necessary to calculate deemed income and resources.

(2) Providing the names and other identifying factors of other aliens for whom the alien's sponsor has signed an affidavit of support. The county agency must attribute the entire amount of income and resources to the sponsored alien until he/she provides the information in this paragraph.

(3) Reporting the required information about the sponsor and sponsor's spouse should the alien obtain a different sponsor during the certification period and for reporting a change in income should the sponsor or the sponsor's spouse change, lose employment or die during the certification period. Such changes shall be handled in accordance with timeliness standards and procedures described in rule 5101:4-7-01 of the Administrative Code.

(H) What are the responsibilities of the county agency?

(1) The county agency shall notify the state agency when it determines a sponsored alien is indigent, including the names of the sponsor and sponsored alien involved, so the information can be forwarded to the attorney general.

(2) The county agency shall exclude any sponsor who is participating in the food assistance program from any demand for restitution as set forth in 8 CFR 213a.4(a) for the value of food assistance benefits issued to an eligible sponsored alien he or she sponsors.

(I) What happens when the sponsored alien does not cooperate with providing necessary information and verifications?

(1) Until the sponsored alien provides information or verification necessary to carry out the provisions of this rule and meets the provisions set forth in rule 5101:4-2-01 of the Administrative Code, the sponsored alien is ineligible. The county agency must determine the eligibility of any remaining assistance group members. The county agency must consider the income and resources of the ineligible alien(excluding the income and resources of the alien's sponsor and the sponsor's spouse) in determining the eligibility and benefit level of the remaining assistance group members.

(2) If the county agency subsequently receives the information or verification, it must act on the information as a reported change to the assistance group members in accordance with the provisions of rule 5101:4-7-01 of the Administrative Code.

(3) If the same sponsor is responsible for the entire assistance group, the entire assistance group is ineligible until such time as the assistance group provides the needed sponsor information or verification. The county agency must assist aliens in obtaining verification in accordance with the provisions of rule 5101:4-2-09 of the Administrative Code.

Replaces: 5101:4-6-31

Effective: 03/01/2011
R.C. 119.032 review dates: 11/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/1/83, 5/1/86 (Emer.), 8/1/86 (Emer.), 10/1/86, 4/10/87 (Emer.), 6/22/87, 5/1/89 (Emer.), 7/17/89, 7/1/91, 9/22/96 (Emer.), 12/21/96, 1/1/97 (Emer.), 3/23/97, 4/1/97 (Emer.), 6/6/97, 10/1/97, 2/1/98 (Emer.), 2/23/98, 2/1/99, 6/1/01 (Emer.), 8/27/01, 3/1/02 (Emer.), 5/13/02, 10/01/02 (Emer.), 12/5/02, 5/1/06

5101:4-6-32 [Rescinded]Food stamps: interim disaster procedures.

Effective: 06/01/2013
R.C. 119.032 review dates: 03/07/2013
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 8/1/92 (Emer.); 10/30/92; 5/1/97; 2/1/04, 1/1/09