5101:9-6-29 Earnings for the recovery of payments for erroneous aid to dependent children (ADC), temporary assistance for needy families (TANF), Ohio works first (OWF) and disability financial assistance (DFA).

(A) As outlined in section 5107.76 of the Revised Code and reported in accordance with rule 5101:9-7-06 of the Administrative Code, a county department of job and family services(CDJFS) is entitled to earnings for the recovery of erroneous payments as follows:

(1) Fifty per cent of the nonfederal share of the erroneous payments it determines occurred prior to October 1, 1996 (ADC), regardless of when recovery is made, less the county participation percentage;

(2) Twenty-five per cent of the erroneous payments it determines occurred on or after October 1, 1996 (TANF/OWF); and

(3) Twenty five per cent of the total DFA payments it recovers.

(B) Earnings for recovery of erroneous payments do not apply to participant expense allowances or other support service cash benefits.

(C) Earnings for recovery of erroneous payments apply to overpayments recovered through grant reduction, but are not able to be applied to the amount of overpayment offset by underpayment. However, any net overpayment amount results in earnings when collected and appropriately reported.

(D) Cash collection of erroneous payments listed in paragraph (A) of this rule must be deposited in the public assistance fund and reported on the JFS 02827 “Monthly Financial Statement” (rev. 11/2000) using the classification code for earnings from collections.

(E) The earnings for recovery of erroneous ADC payments that occurred after October 1, 1996 and TANF/OWF cash assistance payments must be used for TANF programs and cannot be used for any other purpose.

(F) The earnings for recovery of erroneous TANF/OWF cash assistance payments during each state fiscal year (SFY) will be issued as an allocation for the following SFY. Any balance of the earnings for recovery of erroneous TANF/OWF cash assistance payments allocation will not carry forward past the year it is issued as an allocation.

(G) CRIS-E reports “GRP670RA” and “RB” will be used by the ODJFS office of fiscal services to calculate the earnings from grant reductions and state tax refund offset program (STOP) collections.

Replaces: 5101:9-10-49

Effective: 12/13/2007

R.C. 119.032 review dates: 12/01/2012

Promulgated Under: 111.15

Statutory Authority: 5107.05, 5115.23

Rule Amplifies: 5107.76

Prior Effective Dates: 7/1/89, 10/15/95, 10/30/97, 10/4/02, 9/1/03