Lawriter - OAC - 5101:1-2-10 The recertification requirement.

5101:1-2-10 The recertification requirement.

(A) What is the recertification process?

The recertification process is a periodic review and confirmation that the assistance group continues to meet all of the eligibility requirements of the program that benefits are being issued.

(B) When is a recertification of eligibility required?

(1) Every twelve months for Ohio works first (OWF) assistance groups not included in paragraph (B)(2) of this rule.

(2) OWF assistance groups under a three-tier sanction who sign the JFS 03804 "Ohio Works First/ Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" (rev. 11/2016) or the statewide automated eligibility system generated equivalent form and when it is received by the county agency on or before the last day of the sanction period as described in rule 5101:1-3-15 of the Administrative Code are not required to complete a recertification.

(3) Four, five, six or twelve months for OWF assistance groups who are:

(a) Expecting a change that would make them ineligible to receive cash assistance;

(b) Migrant farm workers; or

(c) Homeless.

(4) Twenty-four months for child only assistance groups receiving OWF.

(5) The inability to complete the recertification within the prescribed length of time shall not interfere with the prompt payment of benefits or be the basis for termination unless the assistance group fails to cooperate with the recertification.

(C) What is the responsibility of the county agency in the recertification process?

The county agency is responsible for:

(1) Conducting an interview;

(2) Informing the assistance group of its required involvement and cooperation in the recertification process;

(3) Providing assistance in securing verifications and completing the voter registration forms when requested;

(4) Providing an interpreter at no charge to assistance groups with limited English proficiency;

(5) Obtaining verification of information that is new, has changed or is subject to change;

(6) Reviewing basic eligibility factors and explaining rights and reporting responsibilities;

(7) Completing the recertification in a timely manner;

(8) Updating all files upon completion of the recertification process; and

(9) Complying with rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the ADA and offering additional screening to any work eligible individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(D) How is a recertification completed?

(1) The county agency shall conduct a recertification with a member of the assistance group or its authorized representative through:

(a) Telephone interview; or

(b) Face-to-face interview.

(2) Telephone interview

(a) A telephone interview may be conducted instead of a face-to-face interview.

(b) The county agency does not need to determine whether a hardship exists.

(c) The telephone interview notice shall be mailed in advance with the date, time and telephone number that the county agency worker will use to contact the assistance group.

(d) The county agency worker will gather the same information and verifications and take the same actions during the telephone interview as during a face-to-face interview.

(e) Once completed, the county agency worker shall provide the assistance group the following documents:

(i) JFS 07501 "Program Enrollment and Benefit Information" (rev. 4/2018);

(ii) JFS 07204 "Request to Reapply for Cash and Food Assistance" (rev. 10/2018); and

(iii) JFS 07217 "Voter Registration Notice of Rights and Declination" (8/2009) or the statewide automated eligibility system generated equivalent.

(f) For statewide automated eligibility system purposes, the signature date is the date that the county agency receives the signed JFS 07204 or its telephonic or electronic equivalent.

(g) To expedite the recertification process, the county agency may send the documents identified in paragraph (D)(2)(e) of this rule with the interview appointment letter.

(h) The recertification is not considered complete until all of the required documents are returned by the assistance group excluding the JFS 07501 and the JFS 07217 that are not required to be returned. This includes all of the documents listed on the JFS 07105 "Application/ Reapplication Verification Request Checklist" (rev. 10/2016).

(3) Face-to-face interview

(a) The county agency shall conduct a face-to-face interview when:

(i) The assistance group or authorized representative requests a face-to-face interview;

(ii) The assistance group or authorized representative does not have a telephone; or

(iii) The county agency worker determines that it is appropriate in order to resolve eligibility determination issues for the assistance group.

(b) When the recertification interview is conducted as a face-to-face interview, the provisions described in paragraphs (D)(2) (e) and (D)(2)(h) of this rule are applicable, with the exception of the completion of the JFS 07204.

(4) Availability of the statewide automated eligibility system

When the statewide automated eligibility system is down or unavailable for an extended period of time, the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview" (rev. 5/2005) shall be used.

(E) What is considered a failure to cooperate in the recertification process?

Failure to cooperate in the recertification process and the verification requirements shall result in a termination of OWF or RCA. Failure occurs:

(1) When the information/verification is not provided after the county agency properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/ verification is received by the county agency;

(2) When the county agency is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled recertification interview.

(F) Reinstatement of benefits

(1) County agencies can reinstate benefits for assistance groups that have terminated for failure to provide required verifications or take a required action.

(2) The county agency shall reopen an assistance group that has been proposed for termination without requiring a new application when the required verifications are provided or actions are taken within thirty days of the benefit termination date.

(3) The county agency shall prorate the assistance group's benefits beginning the day the verifications were received or the action was taken.

(4) The assistance group has the option to refuse the pro-rated benefit.

Effective: 1/1/2019
Five Year Review (FYR) Dates: 10/1/2019
Promulgated Under: 119.03
Statutory Authority: 5101.02, 5101.49, 5107.03, 5107.05
Rule Amplifies: 5101.02, 5101.49, 5107.05 , 5107.16
Prior Effective Dates: 08/01/1975, 10/01/1975, 12/31/1977, 09/01/1982, 09/24/1983, 08/01/1984, 10/20/1984, 11/01/1984, 12/01/1984 (Emer.), 02/10/1985, 08/01/1986 (Emer.), 10/03/1986, 10/01/1987 (Emer.), 12/24/1987, 04/01/1988 (Emer.), 06/30/1988, 07/01/1988 (Emer.), 09/01/1988, 09/24/1988, 10/01/1988 (Emer.), 12/20/1988, 12/01/1989, 04/01/1991 (Emer.), 06/01/1991, 10/01/1991 (Emer.), 12/01/1991, 04/01/1992, 07/01/1992, 01/01/1993, 05/01/1993, 03/01/1994 (Emer.), 04/18/1994, 01/01/1995, 07/01/1995, 05/01/1997, 10/01/1997 (Emer.), 10/30/1997, 07/01/1998, 10/01/1999, 05/04/2000, 05/02/2005, 07/01/2008, 05/01/2009, 01/01/2010, 04/01/2010, 07/01/2011, 10/01/2014, 10/01/2016