5101:1-23-20.2 Ohio works first: allocation of income.

(A) When is income allocated to an assistance group?

Income shall be allocated to the Ohio works first (OWF) assistance group from an individual living with the assistance group who is one of the following:

(1) A stepparent who is ceremonially or legally married to the child's parent.

(2) A parent(s) of a minor caretaker when the minor caretaker's needs are included in the assistance group with the minor's child(ren). The minor parent must meet the following conditions:

(a) Under the age of eighteen; and

(b) Lives with his or her parent(s).

(3) A spouse of a specified relative in need, as set forth in rule 5101:1-23-10 of the Administrative Code.

(4) A parent who does not meet the citizenship requirements as set forth in rule 5101:1-23-10 of the Administrative Code.

(B) When is income not allocated?

Income shall not be allocated to the OWF assistance group from an individual living with the assistance group who is one of the following:

(1) A stepparent when the parent of the OWF child(ren) is ineligible or excluded from the assistance group.

(2) A stepparent of a minor caretaker.

(3) A parent(s) of the minor caretaker when the minor caretaker is not included in the OWF assistance group with his or her eligible child.

(C) How is income allocated?

(1) The allocation allowance standard is the amount used when a portion of the income of an individual identified in paragraph (A) of this rule, must be considered in the calculation of income to be applied to the assistance group. This standard is one hundred per cent of the federal poverty guidelines in effect on July 1, 1997.

(2) The income allocation budget is calculated as follows:

(a) If the individual has gross earned income, deduct the first ninety dollars;

(b) Add the individual's gross unearned income, if applicable, to the figure derived in paragraph (C)(1)(a) of this rule.

(c) Deduct the allocation amount as set forth in paragraph (C)(1) of this rule for the individual listed in paragraph (A) of this rule and any other individual who meets all of the following conditions:

(i) The individual is living in the home.

(ii) The individual's needs are not included in the OWF assistance group. Unless the individual is in receipt of social security income (SSI), or otherwise excluded from the assistance group pursuant to rule 5101:1-23-10 of the Administrative Code, the parent of the OWF child(ren) must be included in the assistance group, so the parent's needs are not included in the allocation amount to be deducted.

(iii) The individual is claimed or could be claimed for federal personal income tax liability under the internal revenue service's rules by the individual whose income is being allocated.

(d) Deduct the amount of ongoing payments made by the individual listed in paragraph (A) of this rule for individuals who are not living in the home but are claimed or could be claimed by the individual as dependents for federal personal income tax liability under the internal revenue service's rules.

(e) Deduct the amount paid as alimony or child support for individuals not living in the home by the individual whose income is being allocated.

(f) The remainder is the amount that is allocated and treated as unearned income to the OWF assistance group.

(3) A non-recurring lump sum payment received by an individual listed in paragraph (A) of this rule, who is not a part of the OWF assistance group is considered as income available only in the month the payment is received.

Replaces:

5101:1-23-20

Effective: 08/01/2010
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.18 , 5107.05
Rule Amplifies: 5101.17 , 5101.18 , 5107.02 , 5107.05 , 5107.10 , 5117.10
Prior Effective Dates: 8/1/75, 7/1/76, 9/1/76, 11/1/75, 5/14/77, 12/31/77, 3/10/78, 7/1/78, 8/4/78, 10/26/78, 1/1/79, 4/5/79, 5/1/79, 8/1/79, 9/21/79, 12/1/79, 1/25/80, 2/3/80, 5/29/80, 6/1/81, 9/7/81, 10/1/81, 5/1/82, 7/1/82, 12/1/82, 12/10/82, 12/29/82, 1/1/83, 1/13/83, 7/1/83, 1/1/84, 3/1/84, 6/1/84, 7/1/84 (Temp.), 9/1/84, 9/10/84, 10/1/84 (Emer.), 10/2/84 (Emer.), 12/27/84, 1/1/85 (Emer.), 4/1/85, 7/1/85 (Emer.), 8/1/85 (Emer.), 10/17/85, 1/1/86 (Emer.), 1/2/86, 2/23/86, 4/1/86, 7/1/86, 8/1/86 (Emer.), 10/3/86, 2/1/87 (Emer.), 4/1/87, 7/1/87 (Emer.), 8/3/87, 10/1/87, 7/1/88 (Emer.), 9/1/88 (Emer.), 10/1/88 (Emer.), 12/20/88, 1/1/89 (Emer.), 4/1/89, 7/1/89 (Emer.), 8/21/89, 9/23/89, 10/1/89 (Emer.), 11/1/89 (Emer.), 12/16/89, 1/1/90 (Emer.), 1/29/90, 2/19/90, 3/22/90, 6/1/90, 7/1/90, 9/1/90 (Emer.), 10/1/90, 11/10/90, 5/1/91 (Emer.), 7/1/91, 7/11/91, 7/12/91 (Emer.), 9/22/91, 10/10/91 (Emer.), 12/20/91, 4/1/92, 7/1/92, 10/1/92, 10/1/92 (Emer.), 12/21/92 (Emer.), 1/1/93, 7/1/93, 10/1/93 (Emer.), 12/25/93, 5/18/94, 7/1/94, 8/14/94, 9/1/94, 11/1/94, 3/1/95, 5/1/95, 7/15/95, 8/1/95 (Emer.), 10/30/95, 3/1/96 (Emer.), 5/30/96, 7/1/96 (Emer.), 10/8/96, 7/1/97, 10/1/97 (Emer.), 12/30/97, 7/1/98, 7/1/99, 10/1/99, 1/1/00, 7/1/01, 7/1/02, 10/1/05, 7/1/06, 1/1/09