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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:4-3 | Nonfinancial Eligibility Standards

 
 
 
Rule
Rule 5101:4-3-03 | Food assistance: nonfinancial eligibility standard-residency.
 

(A) What is the residency requirement?

An assistance group must file an application for participation with the county agency that serves the county in which the assistance group resides. The county agency shall not impose any durational residency requirements. Residency shall not mean an intent to permanently reside in the state or county; however, individuals in a county solely for vacation shall not be considered residents. A fixed residence is not required; for example, migrant campsites satisfy the residency requirement. The county agency shall not require an otherwise eligible assistance group to have a permanent dwelling or have a fixed mailing address as a condition of eligibility.

(B) May an individual participate in more than one assistance group in a month?

An individual may not participate as a member of more than one assistance group in any month. The only exception is when the individual is a resident of a shelter for battered persons and their children as defined in rule 5101:4-6-27 of the Administrative Code and was a member of an assistance group containing the individual who had abused him or her. Residents of shelters for battered persons and their children shall be handled in accordance with rule 5101:4-6-27 of the Administrative Code.

(C) What residency information is requested on an application?

The application asks for both a physical address and a mailing address. When the two are different, the county agency shall request that both addresses be given. When the address is a rural route, information shall be given that will provide directions to the home. Addresses on an application shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

Last updated June 1, 2022 at 8:22 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 6/1/2027
Prior Effective Dates: 6/18/1981, 6/7/1998, 9/1/2012, 5/1/2015
Rule 5101:4-3-06 | Food assistance: victims of trafficking.
 

(A) What is the definition of "severe forms of trafficking in persons"?

As described in 22 U.S.C. 7102 (01/2021), the term "severe forms of trafficking in persons" is defined as:

(1) Sex trafficking in which a commercial sex act induced by force, fraud or coercion, or in which the person is induced to perform such an act is under the age of eighteen years; or

(2) Labor trafficking in which the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(B) Who may be eligible for benefits as a result of being a victim of a severe form of trafficking?

(1) Adult victims who have been certified by the United States office of refugee resettlement (ORR), within the department of health and human services, are eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act of 1952.

(2) Victims who are under the age of eighteen are also eligible for benefits to the same extent as refugees, but do not need to be certified by the ORR; however, they do need a letter of eligibility.

(3) A holder of a "T-2", "T-3", "T-4", "T-5", or "T-6" visa (collectively referred to as "Derivative T Visas") is considered a family member of a victim of a severe form of trafficking. These individuals are eligible for supplemental nutrition assistance program (SNAP) benefits to the same extent as direct victims of severe trafficking, provided that they meet the other eligibility criteria for the program. County agencies shall follow the procedures outlined in paragraphs (D) and (E) of this rule in determining eligibility for these individuals. The eligible relatives of trafficking victims includes:

(a) In the case of an alien who is awarded a "T" visa and who is under twenty-one years of age on the date the "T" visa application was filed, derivative "T" visas are available to the alien's parents, spouse, children, unmarried siblings under eighteen years of age on the date on which the alien's visa application was filed.

(b) In the case of an alien who is awarded a "T" visa and was twenty-one years of age or older on the date the "T" visa application was filed, the derivative "T" visas are available to the alien's spouse and children.

(C) Who determines if an individual is a victim of a severe form of trafficking?

ORR will make certification determinations for victims of a severe form of trafficking.

(1) For adults, ORR will issue notarized letters of certification for an adult victim of a severe form of trafficking.

(2) For children, ORR will issue notarized letters of eligibility, similar to adult certification letters, stating that the child is a victim of a severe form of trafficking.

(D) What are the procedures for determining eligibility for victims of trafficking?

The county agency shall:

(1) Accept the notarized letter of certification or letter of eligibility for children as described in paragraph (C) of this rule and retain a photocopy in the case file. Victims of severe forms of trafficking are not required to provide any other immigration documents to receive benefits.

(2) Call the ORR trafficking victims verification toll-free number, (866) 401-5510, to confirm the validity of the notarized letter of certification before providing benefits. During the verification telephone call, the county agency shall notify ORR of the benefits for which the victim of trafficking has applied.

(3) Confirm identity. Benefits shall not be automatically denied when the individual is unable to provide verification of identity. The county agency shall call the ORR trafficking victims verification toll-free number for assistance.

(4) Assist in obtaining a social security number (SSN) in accordance with rule 5101:4-3-22 of the Administrative Code. The county agency shall not delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a SSN. When an individual is required to provide or apply for a SSN for another benefit program, such as medicaid or Ohio works first, or the victim of severe forms of trafficking does not yet have or is unable to obtain a SSN for work purposes, assistance must be given to these individuals in obtaining non-work SSN's as follows:

The individual must present a letter that:

(a) Is on county agency letterhead;

(b) Includes the applicant's name;

(c) States that the applicant meets the requirements to receive the benefit except for the SSN; and

(d) Cannot be a generic application, form letter, or photocopy.

(5) Note the "entry date" for refugee benefits purposes in the case record of the statewide automated eligibility system once the notarized letter of certification for adults or letter of eligibility for children is received and the validity of the document is verified. The entry date is the date of certification and appears in the body of the notarized letter of certification for adults or letter of eligibility for children.

(6) Determine eligibility or redetermine eligibility in accordance with division 5101:4 of the Administrative Code.

(7) Issue benefits. When the applicant meets other program eligibility criteria (e.g., income levels) in accordance with division 5101:4 of the Administrative Code, the individual shall receive benefits and services to the same extent as a refugee.

(E) How is an individual handled who does not have a notarized letter of certification for an adult or a letter of eligibility for a child from ORR?

When a county agency encounters an individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no notarized letter of certification or letter of eligibility in the case of a child, the county agency shall contact ORR for assistance.

Last updated May 2, 2022 at 8:51 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 5/1/2027
Prior Effective Dates: 10/1/2002 (Emer.), 12/5/2002
Rule 5101:4-3-07 | Food assistance: citizenship, alien status, and reporting illegal aliens.
 

This rule describes the nonfinancial eligibility standards used to determine citizenship and alien status of individuals applying for or receiving supplemental nutrition assistance program (SNAP) benefits. Unless an individual meets the criteria described in rule 5101:4-3-06 of the Administrative Code for victims of severe forms of trafficking, the individual must meet the requirements of this rule to receive SNAP.

(A) Who is eligible for SNAP?

(1) A United States (U.S.) citizen or non-citizen national,

The "United States" is defined as the fifty states, the District of Columbia, Puerto Rico, Guam, Northern Mariana islands, and the Virgin islands. In addition, non-citizen nationals from American Samoa or Swain's island are considered U.S. citizens for the purposes of the SNAP program.

(2) An individual who is:

(a) An American Indian who:

(i) Was born in Canada and possesses at least fifty per cent of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act of 1952 (INA), 8 U.S.C. 1359 (06/1952), apply; or

(ii) Is a member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act of 1951, 25 U.S.C. 450b(e) (12/2000), that is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

(b) A member of the Hmong or Highland Laotian tribe who is:

(i) An individual lawfully residing in the U.S. and who was a member of the Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964 and ending May 7, 1975;

(ii) The spouse, or surviving spouse of such Hmong or Highland Laotian described in paragraph (A)(2)(b)(i) of this rule; or

(iii) An unmarried dependent child, or surviving dependent child of such Hmong or Highland Laotian described in paragraph (A)(2)(b)(i) of this rule who is under the age of eighteen or a full-time student under the age of twenty-two provided the child was dependent upon him or her at the time of his or her death; or an unmarried disabled child age eighteen or older if the child was disabled and dependent on the person prior to the child's eighteenth birthday. Child means the legally adopted or biological child of the person described in paragraph (A)(2)(b)(i) of this rule.

(3) An alien determined to be a qualified alien as described in paragraph (B) of this rule. A qualified alien is a federal term referring to a pool of non-U.S. citizens eligible to receive SNAP, provided all other eligibility requirements are met.

(B) Who is considered a qualified alien?

An alien that meets the criteria described in paragraph (B)(1) of this rule is considered to be a qualified alien for the SNAP program. An alien that meets the criteria described in paragraph (B)(2) of this rule must also meet at least one of the additional criteria listed in paragraph (B)(3) of this rule to be considered a qualified alien for the SNAP program.

(1) An alien with an alien status listed below is a qualified alien for the purposes of the SNAP program:

(a) An alien who is granted asylum under section 208 of the INA, 8 U.S.C 1158 (12/2008);

(b) A refugee who is admitted to the U.S. under section 207 of the INA, 8 U.S.C. 1157 (5/2005);

(c) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C 1101 (1/2014);

(d) An alien whose deportation or removal is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA, 8 U.S.C 1231 (1/2006);

(e) An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. 1522 note (9/1996);

(f) An Amerasian admitted pursuant to section 584 of Public Law (Pub. L. No.) 100-202 (12/1987), as amended by Pub. L. No. 100-461 (10/1988); or

(g) A lawful alien with one of the following military connections:

(i) A veteran honorably discharged for reasons other than alien status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), (12/2016) including an individual who died in active military, naval or air service duty. The definition of veteran includes an individual who served before July 1, 1946, in the organized military forces of the government of the commonwealth of the Philippines while such forces were in the service of the armed forces of the U.S. or in the Philippine scouts, as described in 38 U.S.C 107 (10/2010).

(ii) An individual on active duty (other than training) in the armed forces of the U.S.

(iii) The spouse and unmarried dependent children of a person described in paragraph (B)(1)(g)(i) or (B)(1)(g)(ii) of this rule, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304 (8/1991) and the spouse has not remarried. An unmarried dependent child is: a child who is under the age of eighteen or, a full-time student, under the age of twenty-two; an unmarried dependent child of a deceased veteran provided the child was dependent upon the veteran at the time of the veteran's death, or an unmarried disabled child age eighteen or older if the child was disabled and dependent on the veteran prior to the child's eighteenth birthday. Child means the legally adopted or biological child of the person described in paragraph (B)(1)(g)(i) or (B)(1)(g)(ii) of this rule.

(2) The following aliens must also meet at least one of the additional criteria listed in paragraph (B)(3) of this rule in order to be considered a qualified alien for the SNAP program:

(a) An alien lawfully admitted for permanent residence under the INA;

(b) An alien paroled into the U.S. under section 212(d)(5) of the INA, 8 U.S.C 1182 (3/2013) for a period of at least one year;

(c) An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980;

(d) An alien battered or subjected to extreme cruelty in the U.S by a spouse or a parent or by a member of the spouse's or parent's family residing in the same residence as the alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered. Verification and documentation procedures for this status are defined in exhibit B of attachment 5 of the department of justice (DOJ) interim guidance dated November 17, 1997 (62 FR 61344).

(3) The additional criteria for aliens listed in paragraph (B)(2) of this rule are:

(a) Has resided in the U.S. for a period of five years or more beginning on the date of the alien's entry into the U.S. The status as a qualified alien, as defined in paragraph (B)(2) of this rule, must be maintained during the five year period;

(b) Is under eighteen years of age, regardless of the date of entry;

(c) Is in receipt of federal government benefits or assistance for disability or blindness regardless of the date of entry, or;

(d) Is an alien lawfully admitted for permanent residence under the INA who has forty qualifying quarters as determined under Title II of the Social Security Act (8/1996).

(C) How does a county agency determine when a qualified alien has forty qualifying quarters?

The county agency shall:

(1) Include qualifying quarters from the work of a parent (natural, adoptive and step) of the alien before the alien became eighteen years of age (including quarters worked before the alien was born or adopted);

(2) Include qualifying quarters credited from the work of a spouse of the alien during their marriage when they are still married or the spouse is deceased;

(3) Exclude quarters of a spouse when the couple divorces prior to a determination of SNAP eligibility. However, when the county agency determines eligibility of an alien based on the quarters of coverage of the spouse, and then the couple divorces, the alien's eligibility continues until the next recertification. At that time, the county agency must determine the alien's eligibility without crediting the alien with the former spouse's quarters of coverage;

(4) Exclude quarters that the alien actually received any federal means-tested public benefit, such as Ohio works first, supplemental security income or medicaid, or actually received SNAP benefits. Likewise, a parent's or spouse's quarter is not creditable when the parent or spouse actually received any federal means-tested public benefit or actually received SNAP benefits in that quarter;

The county agency must evaluate quarters of coverage and receipt of federal means-tested public benefits on a calendar year basis. The county agency must first determine the number of quarters creditable in a calendar year, then identify those quarters that the alien (or parent or spouse of the alien) received federal means-tested public benefits and then remove those quarters from the number of quarters of coverage earned or credited to the alien in that calendar year. However, when the alien earns the fortieth quarter of coverage prior to applying for SNAP benefits or any other federal means-tested public benefit in that same quarter, the county agency must allow that quarter toward the forty qualifying quarters total.

(5) Verify whether a lawful permanent resident has earned or can receive credit for a total of forty qualifying quarters. However, the quarters of coverage history system (QCHS) of the social security administration (SSA) may not show all qualifying quarters. For instance, SSA records do not show current year earnings and in some cases, the last year's earnings, depending on the time of the request. Also, in some cases, an applicant may have work from uncovered employment that is not documented by SSA, but is countable toward the forty quarters test. In both these cases, the individual, rather than SSA, would need to verify the quarters

(D) What are the citizenship and alien status verification requirements?

(1) When an assistance group indicates that one or more of its members are U.S. citizens, but the county agency questions this declaration, the county agency must verify the member's citizenship in accordance with "attachment 4" of the U.S. DOJ interim guidance dated November 17, 1997 (62 Fed. Reg. 61344) that outlines documents that verify an individual's status as a U.S. citizen or non-citizen national:

(a) When the forms of verification suggested in "attachment 4" of the U.S. DOJ interim guidance cannot be obtained and the assistance group can provide a reasonable explanation as to why verification is not available, the county agency shall accept a signed statement from a third party indicating a reasonable basis for personal knowledge that declares under penalty of perjury that the member in question is a U.S. citizen. The signed statement shall contain a warning of the penalties for helping someone commit fraud.

(b) Absent verification or third party attestation of U.S. citizenship, the member whose citizenship is in question is ineligible to participate until the issue is resolved. The member whose citizenship is in question will have his or her income and resources considered available to any remaining assistance group members as described in rule 5101:4-6-13 of the Administrative Code.

(c) The county agency shall accept participation in another program as acceptable when verification of citizenship was obtained for that program.

(2) An alien is ineligible for SNAP until acceptable documentation is provided unless:

(a) The county agency has submitted a copy of a document provided by the assistance group to the U.S. citizenship and immigration service (USCIS) under the U.S. department of homeland security (DHS) for verification. Pending such verification, the county agency shall not delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the individual's immigration status.

(b) The applicant or county agency has submitted a request to SSA for information regarding the number of quarters of work that can be credited to the individual. SSA has responded that the individual has fewer than forty quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited. When SSA indicates that the number of qualifying quarters that can be credited is under investigation, the county agency must certify the individual for up to six months from the date of the original determination of insufficient quarters pending the results of the investigation.

(c) The applicant or the county agency has submitted a request to a federal agency for verification of information affecting the individual's eligible alien status. The county agency must certify the individual for up to six months from the date of the original request for verification pending the results of the investigation.

(E) Is there a timeframe for verifying citizenship?

(1) The county agency must provide alien applicants with a reasonable opportunity to submit acceptable documentation of their eligible alien status. A reasonable opportunity must be at least ten days from the date of the county agency's request for an acceptable document.

(2) When the county agency fails to provide an alien applicant with a reasonable opportunity to submit documentation, the county agency must provide the assistance group with benefits no later than thirty days following the date of application, provided the assistance group is otherwise eligible.

(F) How does the county agency determine the validity of documents?

(1) The county agency shall verify the authenticity of the documentation of eligible alien status of applicant aliens. When an alien does not wish for the county agency to contact the USCIS to verify his or her immigration status, the county agency must give the assistance group the option of withdrawing its application or participating without that assistance group member in accordance with paragraph (H) of this rule. The U.S. DOJ interim guidance dated November 17, 1997 (62 FR 61344) contains information on acceptable documents and USCIS codes.

(2) The county agency shall verify the validity of the documents presented by applicant aliens through the systematic alien verification for entitlements (SAVE) program. In some instances validity of documents shall be verified by submitting additional documentation. SAVE procedures are described in rule 5101:4-7-14 of the Administrative Code.

(G) What happens when an individual's status as an alien changes?

(1) Each category of eligible alien status stands alone for purposes of determining eligibility.

(2) Subsequent adjustment to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, when eligibility expires under one eligibility status, the county agency must determine if eligibility exists under another status.

(H) What happens when an assistance group indicates an inability or unwillingness to provide documentation of alien status?

When an assistance group indicates inability or unwillingness to provide documentation of alien status for any assistance group member, that member shall be classified as an ineligible alien. In such cases, the county agency must not continue efforts to obtain that documentation, unless the individual requests assistance from the county agency.

(I) Should the county agency report illegal aliens?

County agencies shall report to the Ohio department of job and family services when an applicant or recipient is known to be an illegal alien. To be a known illegal alien, there must be a finding of fact or a conclusion of law made as part of a formal determination that is conducted by the USCIS. Only documentation provided by the USCIS or the executive office of administrative review (e.g. a final order of deportation) shall be considered evidence.

Last updated December 1, 2023 at 9:43 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 6/2/1980, 11/15/1986, 8/1/1987 (Emer.), 10/25/1987, 8/1/1992 (Emer.), 1/1/1997 (Emer.), 6/6/1997, 11/1/1998 (Emer.), 6/1/2001 (Emer.), 12/1/2004, 6/1/2015
Rule 5101:4-3-09 | Food assistance: Ohio works first assistance groups.
 

This rule sets forth the actions a county agency shall take on supplemental nutrition assistance program (SNAP) benefits when a member of an assistance group in which all members are receiving Ohio works first (OWF) is sanctioned or disqualified from the OWF program for failing a behavioral requirement in the OWF program designed to improve the well being of the recipient family, such as participating in work activities or other provisions of the self sufficiency contract.

(A) What is an OWF assistance group?

(1) An OWF assistance group is defined as an assistance group in which all members are receiving benefits under Title IV-A of the Social Security Act. The penalties and sanctions that should be imposed for these assistance groups are described in rules 5101:1-3-14 and 5101:1-3-15 of the Administrative Code.

(2) Assistance groups in which not all members are receiving OWF shall be treated in accordance with rules 5101:4-3-11, 5101:4-3-11.1, 5101:4-3-11.2 and 5101:4-3-19 of the Administrative Code.

(B) When should a county agency apply this rule?

(1) This rule shall be applied when:

(a) An individual is receiving OWF benefits at the time the sanction or disqualification was imposed; or

(b) The sanction or disqualification is imposed at the time of application for continued OWF benefits when there is no break in participation.

(2) This rule shall not be applied when an individual has:

(a) Reached a time limit for time-limited benefits;

(b) Failed to reapply or complete the application process for continued OWF benefits;

(c) Failed to perform an action that the individual is unable to perform as opposed to refusing to perform;

(d) Failed to perform purely procedural requirements required by the OWF program. A procedural requirement, which would not trigger a SNAP sanction or disqualification, is a step that an individual must take to continue receiving benefits in the OWF program such as providing verification of circumstances; or

(e) Been sanctioned or disqualified at the time the individual initially applied for OWF benefits.

(C) What circumstances cause an individual to become ineligible for SNAP rather than sanctioned or disqualified?

(1) Failure or refusal without good cause of an individual who is an adult or a minor head of household to complete the appraisal process, as set forth in rule 5101:1-3-11 of the Administrative Code.

(2) Failure or refusal of an individual who is an adult or a minor head of household to sign the self sufficiency contract, as set forth in rule 5101:1-3-11 of the Administrative Code.

(3) Failure or refusal of a minor parent to attend the learning, earning and parenting (LEAP) program assessment, failure to enroll in school, or withdrawal from school, as set forth in rule 5101:1-23-50 of the Administrative Code.

(D) What circumstances cause an individual to be disqualified from SNAP?

In accordance with rule 5101:1-3-11 of the Administrative Code, a member of an OWF assistance group who is an adult or a minor head of household shall be disqualified to participate in SNAP for six payment months when the county agency determines that the member of the assistance group terminated his or her employment without good cause.

(E) What circumstances cause an individual to be sanctioned from SNAP?

(1) Failure by an individual who is an adult or a minor head of household to comply with provision(s) contained in the self sufficiency contract without good cause, as described in rule 5101:1-3-11 of the Administrative Code, shall result in the imposition of a sanction for that individual as described in rule 5101:1-3-15 of the Administrative Code.

(a) Provisions contained within the self sufficiency contract that could result in a sanction are work activities, alternative activities as described in rule 5101:1-3-12.12 of the Administrative Code and child support noncooperation as described in rule 5101:1-3-10 of the Administrative Code.

(b) Subsequent failures to comply with provision(s) contained in the self sufficiency contract that occur up until the imposition of the sanction shall be considered the same occurrence. The SNAP sanction or disqualification period shall be imposed concurrently with the sanction or disqualification in the OWF program to the extent allowed by normal SNAP processing times and notice requirements.

(2) Failures resulting in the imposition of a sanction as described in rule 5101:1-3-15 or 5101:4-3-11.2 of the Administrative Code are to be cumulative.

(F) What happens when a sanctioned or disqualified individual changes OWF assistance groups?

An individual who causes the sanction or disqualification carries that sanction or disqualification into another OWF assistance group until that individual complies.

(G) What happens to the sanction when the individual leaves the OWF program prior to the imposition of the sanction?

When an OWF individual leaves the OWF program prior to the actual imposition of the sanction or disqualification, the sanction or disqualification will not be held in abeyance.

(H) How long does an individual remain sanctioned from SNAP under the provisions of this rule?

(1) The length of the SNAP sanction or disqualification period shall not exceed the OWF sanction or disqualification period in accordance with paragraph (C) of rule 5101:1-3-15 of the Administrative Code.

(a) When the sanction or disqualification is still in effect at the end of one year, the county agency shall review the case to determine when the sanction or disqualification continues to be appropriate. Sanctions or disqualifications extended beyond one year must be reviewed at least annually but may be ended by the county agency at any time.

(b) The county agency shall stop the SNAP sanction or disqualification when it becomes aware that the person has become ineligible for OWF for some other reason.

(2) After a sanction or disqualification has ended, the individual may apply for SNAP benefits according to rule 5101:4-2-01 of the Administrative Code or be added to the assistance group according to paragraph (K)(3)(a) of rule 5101:4-7-01 of the Administrative Code.

(I) How is a SNAP sanction that is imposed in accordance with rule 5101:1-3-15 of the Administrative Code ended and eligibility regained?

The assistance group member who failed or refused a provision of the self sufficiency contract must:

(1) Sign and submit to the county agency a JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the equivalent from the statewide automated eligibility system; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the assistance group member who failed and/or refused, to comply with a provision of the self sufficiency contract without good cause, must demonstrate a willingness to comply with the self sufficiency contract through the completion of an appropriate compliance activity as assigned by the county agency in accordance with paragraph (H) of rule 5101:1-3-15 of the Administrative Code.

(J) How are the income and resources of a sanctioned individual treated?

Individuals sanctioned in accordance with this rule shall have their income and resources treated as described in rule 5101:4-6-13 of the Administrative Code.

(K) How is the SNAP benefit allotment affected?

In accordance with rule 5101:4-6-16 of the Administrative Code, the county agency shall not increase the SNAP allotment as the result of a decrease in OWF when the decrease is due to the failure of an assistance group member to perform a required action.

(L) How does the county agency process changes that are not related to the OWF violation?

The county agency shall act on changes which are not related to the OWF violation and that would affect the assistance group's benefits in accordance with rule 5101:4-7-01 of the Administrative Code. All individuals who enter the OWF assistance group after the time of the failure, and otherwise meet eligibility requirements, shall be eligible to receive SNAP benefits for the appropriate assistance group size.

Last updated June 1, 2022 at 8:22 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 5107.14, 5107.16, 5107.22, 5107.26, 5107.41, 5107.42
Five Year Review Date: 6/1/2027
Prior Effective Dates: 10/1/1997 (Emer.), 12/1/1997, 11/1/2003, 12/31/2007, 8/1/2011, 9/1/2013
Rule 5101:4-3-11 | Food assistance: work registration and exemptions.
 

(A) What is work registration?

Work registration is the process for identifying employable individuals who are applying for or are participating in the supplemental nutrition assistance program (SNAP). Individuals who are work registered must comply with the requirements described in rule 5101:4-3-11.1 of the Administrative Code.

(B) Who must be work registered for SNAP?

Unless an individual meets one of the following exemptions, the individual shall be registered for work and be required to comply with the work registration requirements described in rule 5101:4-3-11.1 of the Administrative Code:

(1) A person younger than sixteen years of age.

(a) A sixteen- or seventeen-year-old participant who is not the assistance group name as defined in rule 5101:4-1-03 of the Administrative Code is exempt from work registration.

(b) A sixteen- or seventeen-year-old participant who is the assistance group name and is attending school or enrolled in an employment training program at least half time is exempt from work registration.

(2) Person sixty years of age or older.

(3) A parent or other assistance group member who is responsible for the care of a dependent child under age six or an incapacitated person. When a parent and another member of the assistance group both claim to be responsible for the care of the same dependent child(ren) or incapacitated assistance group member, only one member shall be exempt. The responsibility should be determined by discussion with the applicant.

(4) A person receiving unemployment compensation benefits. A person who has applied for, but is not yet receiving, unemployment compensation benefits is also exempt when that person is complying with the requirements of the unemployment compensation application process.

(5) A person determined by the county agency to be physically or mentally unfit for employment either permanently or temporarily. An individual is medically certified as physically or mentally unfit for employment when he or she is:

(a) Receiving temporary or permanent disability benefits issued by governmental or private sources; or

(b) Obviously mentally or physically unfit for employment as determined by the county agency; or when the unfitness is not obvious, provides a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel the county agency determines appropriate, that he or she is physically or mentally unfit for employment. The county agency shall maintain documentation within the case file capable of withstanding a third-party review to support the granting of the exemption.

(6) Assistance group members who are applying for both SSI and SNAP benefits at the local social security office shall have the requirement for work registration waived until:

(a) They are determined eligible for SSI and thereby become exempt from work registration; or,

(b) They are determined ineligible for SSI at which time their exemption from work requirements shall be reevaluated.

(7) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis.

(8) A student enrolled in a recognized school, training program, or institution of higher education, as defined in rule 5101:4-6-04 of the Administrative Code, is exempt from work registration when enrolled at least half time.

(a) A student enrolled at least half time in any recognized school, training program, or institution of higher education will remain exempt during normal periods of class attendance, vacation and recess, unless the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer).

(b) Persons who are not enrolled at least half time or who experience a break in enrollment due to graduation, expulsion, or suspension, or who drop out or otherwise do not intend to return to school, shall not be considered students for the purpose of qualifying for this exemption.

(c) The determination of whether the student is enrolled at least half time is made by the school, training program, or institution of higher education.

(d) A person who is subject to work registration as a condition of eligibility and whose assignment is to attend a recognized school, training program, or institution of higher education is not exempt from work registration. Individuals who are required to work register who are assigned to a recognized school, training program or institution of higher education through the employment and training program meet a student exemption defined in paragraph (B)(4) of rule 5101:4-6-04 of the Administrative Code and are considered eligible students for the SNAP.

(e) A person who is enrolled in a school but taking only noncredit courses is not considered a student for purposes of this exemption.

(9) An assistance group member subject to and complying with any work requirement under the Ohio works first (OWF) program.

(10) An employed or self-employed person working a minimum of thirty hours weekly or earning weekly wages at least equal to the federal minimum wage multiplied by thirty hours. This includes migrant and seasonal farm workers under contract or similar agreement with an employer or crew chief to begin employment within thirty days (although this shall not prevent individuals from seeking additional services from the county agency).

(C) What procedures shall the county follow for each work registrant?

The county agency is to:

(1) Ensure each individual has received an explanation of their rights and responsibilities described in paragraphs (D)(3)(a) to (D)(3)(d) of rule 5101:4-2-07 of the Administrative Code and the consequences of failing to comply with the work registration requirements described in rule 5101:4-3-11.2 of the Administrative Code. A written statement of the above shall also be provided to each individual who is registered for work. A statement shall also be provided when a previously exempt individual or new assistance group member becomes subject to a work registration, and every twelve months after initial registration.

(2) Document each individual registration via the Ohio benefits integrated eligibility system.

(a) The county agency shall update the Ohio benefits integrated eligibility system for each individual required to work register prior to authorization of SNAP benefits.

(b) Individuals required to work register shall not be required to be present at the time the county agency work registers the individual. These individuals shall be notified of work registration requirements in accordance with paragraph (C)(1) of this rule.

(3) Provide each work registrant with information about services available through the OhioMeansJobs website (OhioMeansJobs.com) and/or the closest OhioMeansJobs center;

(4) Screen each individual who is either an adult or a sixteen or seventeen year old who is the assistance group name and is not in school or in the SNAP E&T program, to determine if an individual is to register for work in accordance with rule 5101:4-3-11 of the Administrative Code and for appropriateness for referral to the SNAP employment and training (E&T) program using the JFS 07208, "Supplemental Nutrition Assistance Program Work Registration, ABAWD, and Employment and Training Screening Tool", or other automated system equivalent approved by the Ohio department of job and family services (ODJFS). A completed copy is to be saved in the case record.

(5) When appropriate, refer each SNAP recipient subject to the work registration requirement described in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code to the SNAP E&T program and conduct an appraisal in accordance with rule 5101:4-3-29 of the Administrative Code.

(6) Provide a comprehensive oral explanation of the work requirements each assistance group member is subject to and ensure the assistance group has received the Ohio benefits integrated eligibility system generated notice of the work requirements in accordance with rule 5101:4-2-07 of the Administrative Code. This comprehensive oral explanation is to be provided at initial certification, when a previously exempt assistance group member or new assistance group member becomes subject to the work requirements as described in rules 5101:4-3-11.1 and 5101:4-3-20 of the Administrative Code, and at recertification.

(D) What happens when an individual is no longer exempt from work registration?

(1) The county agency shall register any person losing exemption status due to any change in circumstances that is subject to reporting requirements of rule 5101:4-7-01 of the Administrative Code at the time the change is reported. Registration shall be documented via the Ohio benefits integrated eligibility system.

(2) The county agency shall register persons who lose their exemption due to a change in circumstances that is not subject to reporting requirements of rule 5101:4-7-01 of the Administrative Code at the assistance group's next recertification. Registration shall be documented via the Ohio benefits integrated eligibility system.

Last updated October 2, 2023 at 8:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 11/18/2026
Prior Effective Dates: 12/1/1980, 4/1/1981, 6/18/1981, 9/27/1982, 5/2/1985, 8/16/1985 (Emer.), 1/2/1986 (Emer.), 10/1/1988 (Emer.), 1/1/1991, 10/30/1992, 8/1/1994, 2/1/1997 (Emer.), 10/1/1997 (Emer.), 1/8/1998
Rule 5101:4-3-11.1 | Food assistance: work registration requirements.
 

(A) What are the work registration requirements for work registered individuals?

Each individual required to register for work shall:

(1) Respond to a request for supplemental information regarding employment status or availability for work;

(2) Report to an employer when referred by the county agency unless the potential employment meets the unsuitability criteria described in paragraph (E) of this rule;

(3) Accept a bona fide offer of suitable employment when referred by the county agency;

(4) Continue suitable employment until it is no longer considered suitable; the individual is terminated for reasons beyond the individual's control; or the individual becomes exempt from work registration; and

(5) Participate in the appraisal process and the supplemental nutrition assistance program (SNAP) employment and training program (SNAP E&T) in accordance with rule 5101: 4-3-29 of the Administrative Code, unless the individual is:

(a) Pregnant;

(b) Under eighteen or fifty years of age or older;

(c) A parent (natural, adoptive or step) of an assistance group member under age eighteen, even when the assistance group member who is under eighteen is not eligible for SNAP benefits; or

(d) Residing in an assistance group where an assistance group member is under age eighteen, even when the assistance group member who is under eighteen is not eligible for SNAP benefits.

(B) What happens when an individual fails or refuses to meet the work registration requirements?

(1) Failure or refusal to complete the appraisal process as defined in rule 5101:4-3-29 of the Administrative Code by a required individual will result in a sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of the Administrative Code. County agencies shall follow rule 5101:4-6-13 of the Administrative Code for the treatment of income and resources of the individual.

(2) Failure or refusal without good cause to participate in SNAP E&T to the extent required by the county agency will result in a sanction in accordance with rule 5101:4-3-11.2 of the Administrative Code, with the exception of job retention services as described in rule 5101:4-3-39 of the Administrative Code.

(3) Failure or refusal without good cause to accept an offer of suitable employment will result in a sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of the Administrative Code. Unsuitable employment is defined in paragraph (E) of this rule.

(4) Failure or refusal without good cause to provide the county agency with sufficient information to allow the county agency to determine the employment status or the job availability of the individual will result in a sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of the Administrative Code.

(5) Voluntarily and without good cause: quits a job of thirty or more hours a week or reduces work effort and, after the reduction, the individual is working less than thirty hours per week will result in a sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of the Administrative Code. When the individual reduces his or her work hours to less than thirty a week, but continues to earn weekly wages that exceed the federal minimum wage multiplied by thirty hours, the individual remains exempt from work registration in accordance with rule 5101:4-3-11 of the Administrative Code.

(C) What is good cause?

(1) The county agency shall be responsible for determining good cause at any time when a work registered individual fails or refuses to comply with an appraisal, SNAP E&T assignment or when a work registered individual voluntarily quits a job or reduces his or her work effort. In determining whether or not good cause exists, the county agency shall take into account the facts and circumstances, including information submitted by the employer and the assistance group member involved.

(2) An able-bodied adult without dependents (ABAWD) who received good cause for failure to comply with the mandatory SNAP E&T requirement is to also receive good cause for failure to comply with the ABAWD work requirement, except as specified in paragraph (C)(4)(g) of this rule.

(3) When a SNAP E&T provider determines an ABAWD is not suited for participation in the assigned component as described in rule 5101:4-3-11.2 of the Administrative Code the individual has good cause from the SNAP E&T assignment and ABAWD work requirement through the month the individual is notified in writing of the determination. The ABAWD is to accrue countable months toward their three-month time limit the next full benefit month after the notification.

(4) Good cause shall include circumstances beyond the individual's control, such as, but not limited to:

(a) Illness;

(b) Illness of another assistance group member requiring the presence of the member;

(c) Assistance group emergency;

(d) The unavailability of transportation;

(e) The lack of adequate child care for children who have reached age six but are under age twelve;

(f) Domestic violence as outlined in paragraph (F) of this rule; or

(g) When an appropriate SNAP E&T component is not available. This is not considered good cause from the able-bodied adults without dependents work requirement.

(5) When the county agency determines that good cause exists the individual shall be excused and a sanction shall not be imposed.

(D) What is good cause for leaving employment?

Good cause for leaving employment includes the good cause provisions outlined in paragraph (C) of this rule. Good cause for leaving employment also includes, but is not limited to, the following:

(1) Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs.

(2) Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule.

(3) Acceptance of employment by the individual, or enrollment by the individual in any recognized school, training program, or institution of higher education on at least a half time basis, that requires the individual to leave employment; or acceptance by any other assistance group member of employment or enrollment at least half time in any recognized school, training program, or institution of higher education in another county or similar political subdivision that requires the assistance group to move and thereby requires the individual to leave employment.

(4) Resignations by persons under the age of sixty that are recognized by the employer as retirement.

(5) Employment that becomes unsuitable, as specified in paragraph (E) of this rule, after the acceptance of such employment.

(6) Acceptance of a bona fide offer of employment of more than thirty hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by thirty hours that, because of circumstances beyond the control of the individual, subsequently either does not materialize or results in employment that does not meet the requirements provided for in paragraph (E)(1) of this rule.

(7) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where assistance groups will apply for SNAP benefits between jobs particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment shall be considered good cause when it is part of the pattern of that type of employment.

(8) When a county agency finds the information regarding an assertion of good cause is questionable as defined in rule 5101:4-2-09 of the Administrative Code, the county agency shall request verification of the assistance group's statements. It is the assistance group's responsibility to provide the necessary verification in accordance with rule 5101:4-2-09 of the Administrative Code. However, when the county agency has access to the information needed it should be considered. When assistance in gathering the information is needed, it must be provided. When good cause is questionable and the assistance group fails or refuses to provide verification of the questionable information, good cause shall not be determined.

(E) What is unsuitable employment?

(1) In addition to any criteria established by county agencies, employment shall be considered unsuitable under any of the following conditions:

(a) The wage offered is less than the highest of:

(i) The applicable federal or state minimum wage; or

(ii) Eighty per cent of the federal minimum wage, when neither the federal nor the state minimum wage is applicable;

(b) The employment offered is on a piece-rate basis, and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages;

(c) The assistance group member, as a condition of employment or continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization; or

(d) The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under section 208 of the Labor-Management Relations Act of 1947 29 U.S.C. 141 (6/1947), or unless an injunction has been issued under section 10 of the Railway Labor Act of 1926, 45 U.S.C. 151 (10/1996).

(F) What are the requirements for victims of domestic violence?

Individuals who are victims of domestic violence as defined in rule 5101:1-3-20 of the Administrative Code shall be treated as follows:

(1) Individuals who are victims of domestic violence shall be identified through the appraisal process in accordance with rule 5101:4-3-29 of the Administrative Code.

(2) When the county agency determines that the individual has been subjected to domestic violence and requiring participation in SNAP E&T would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual, the county agency may excuse the individual from the employment and training program requirements, when supporting documentation as described in paragraph (F)(1) of rule 5101:1-3-20 of the Administrative Code is provided.

(3) When an individual is assigned to and engaged in an employment and training activity and fails to comply as a result of domestic violence, the county agency shall excuse and shall not impose a sanction for failure to comply with the SNAP E&T requirement.

(4) The county agency shall review the continued eligibility of the excused non-participation at least once every six months. The county agency may, at its option, review the individual's excused non-participation more frequently than every six months. There is no limit on the number of times (or length of time) that an excuse can be extended.

Last updated October 12, 2023 at 10:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 11/18/2026
Prior Effective Dates: 11/18/2021
Rule 5101:4-3-11.2 | Food assistance: work registration sanctions and compliance.
 

(A) What happens when an individual does not comply with a work registration requirement?

(1) When an individual fails or refuses to meet the work registration requirements in rule 5101:4-3-11.1 of the Administrative Code, the individual shall be sanctioned from participation in the supplemental nutrition assistance program (SNAP) as follows:

(a) For a first failure or refusal, the county agency shall sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of one benefit month.

(b) For a second failure or refusal, the county agency shall sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of three benefit months.

(c) For the third or subsequent failure or refusal, the county agency shall sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of six benefit months.

(2) When an individual stops receiving SNAP benefits before the actual imposition of the sanction, the sanction will not be held in abeyance. The establishment of new residence in another county or another assistance group by an individual who has been proposed for a sanction or who is currently under sanction does not, in and of itself, negate the sanction.

(B) What is the process for notification of noncompliance?

(1) Prior to issuing a notice of noncompliance in accordance with paragraph (B)(2) of this rule, the county agency is to ensure that the individual was informed of the failure(s) and his or her right to provide good cause information to the county agency.

(a) The county agency is to inform the individual of the failure by issuing the JFS 07209, "Supplemental Nutrition Assistance Program Notification of Alleged Failure" to the individual and document the case record.

(b) The SNAP E&T provider is to adhere to the reporting time frame to the county agency described in paragraph (B)(3) of rule 5101:4-3-30 of the Administrative Code.

(2) Once an individual has been informed in accordance with paragraph (B)(1) of this rule, it is the individual's responsibility to contact the county agency within seven days of the notification of noncompliance to show good cause for the failure.

(a) Prior to processing the noncompliance within the Ohio benefits integrated eligibility system, the county agency is to complete the JFS 07210, "Supplemental Nutrition Assistance Program Employment and Training Pre-Sanction Checklist" and save it to the case record.

(b) Within ten days of determining the failure was without good cause, in accordance with Chapter 5101:6-2 of the Administrative Code, proper notice of adverse action is to be provided to the individual. The notice is to contain:

(i) The particular act of noncompliance committed;

(ii) The proposed period of the sanction;

(iii) Language explaining that the individual may, when appropriate, reapply at the end of the sanction period;

(iv) Information on or with the notice describing the action that can be taken to avoid the sanction before the sanction period begins; and

(v) Notice and hearing requirements contained in Chapters 5101:6-1 to 5101:6-9 of the Administrative Code that apply in each instance of noncompliance and subsequent sanction action.

(C) What is the process when it is determined an individual is not suited for participation in an assigned SNAP E&T activity?

(1) When a SNAP E&T provider determines that an individual is not suited for participation, either at the time the individual is referred to the activity or until the activity completion, the provider is to notify the county agency within ten days of the determination to explain the reason the individual is not an appropriate placement in the E&T program. The provider may provide information that will assist in making a change in placement. However, if the provider is unable to provide a reason for the determination, the county agency is to process the provider determination without the reason.

(2) Within ten days of the county agency receiving the provider notification, the county agency is to notify the individual of the provider determination. The notice is to include:

(a) A description of the provider determination when available;

(b) The steps the county agency will take as a result of the determination;

(c) The contact information for the agency;

(d) Information that the individual is not being sanctioned as a result of the provider determination; and

(e) Information that an able-bodied adult without dependents who receives a provider determination will accrue countable months towards their three-month time limit the next full benefit month after the month during which the county agency notifies the individual of the provider determination unless the individual:

(i) Has met the work requirements as described in rule 5101:4-3-20 of the Administrative Code;

(ii) Has established good cause;

(iii) Lives in a waived county; or

(iv) Is determined to be exempt as described in rule 5101:4-3-11 of the Administrative Code.

(3) Within ten days of the county agency notifying the individual but no later than the next recertification the county agency is to:

(a) Reassess the physical and mental fitness of the individual to determine if an exemption is met in accordance with rule 5101:4-3-11 of the Administrative Code or determine if an update to the employability plan is needed based on limitations for participating in an activity; and

(b) Update the case record and when necessary the employability plan with any changes.

(D) How does an individual comply to regain eligibility for SNAP?

Except for individuals sanctioned as a result of a voluntary quit or reduction of work effort, the county agency shall require the individual to:

(1) Prior to reinstatement of benefits, the individual shall sign the JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" agreeing to participate in the work program and to comply with the work registration requirements described in rule 5101:4-3-11.1 of the Administrative Code.

(a) When the JFS 03804 is signed prior to the end of the sanction period, the sanctioned individual shall regain eligibility and benefits shall be reinstated after the minimum sanction period is served.

(b) When the JFS 03804 is signed after the end of the minimum sanction period, the individual shall regain eligibility effective the day the JFS 03804 was signed and returned to the county agency and benefits shall be reinstated pursuant to rule 5101:4-7-01 of the Administrative Code.

(2) When the circumstances change and the individual qualifies for an exemption from work registration in accordance with rule 5101:4-3-11 of the Administrative Code, the individual may qualify for SNAP benefits. Such exemptions may occur before the minimum sanction period ends.

(3) Individuals sanctioned as a result of a voluntary quit or reduction of work effort shall be required to regain eligibility in accordance with rule 5101:4-3-19 of the Administrative Code.

(E) How are failures for noncompliance with unemployment compensation or an Ohio works first (OWF) work requirement handled?

Individuals receiving unemployment compensation or OWF benefits are exempt from work registration. Instead, the individual must comply with the unemployment compensation or OWF requirements. When the assistance group reports a loss or denial of unemployment compensation or OWF eligibility or when the county agency learns of the loss or denial, the county agency shall determine whether the loss or denial was caused by a determination by the administering agency that the individual refused or failed without good cause to comply with an unemployment compensation or OWF requirement. When it is determined the individual failed or refused to meet an unemployment compensation or OWF requirement, the county agency shall:

(1) Determine if the assistance group is an OWF assistance group. An OWF assistance group is a group in which all members are receiving OWF benefits. For OWF assistance groups, the county agency shall follow rule 5101:4-3-09 of the Administrative Code. However, when all of the individuals in the assistance group are not receiving OWF cash benefits (i.e. one or more members are only in receipt of SNAP), the assistance group remains subject to the requirements of this rule.

(2) Determine if the individual meets one of the other work registration exemptions outlined in rule 5101:4-3-11 of the Administrative Code. When the individual meets another work registration exemption in rule 5101:4-3-11 of the Administrative Code, no action is required.

(3) When the individual does not meet another work registration exemption, the individual shall be sanctioned in accordance with this rule. The income and resources of the individual shall be treated in accordance with paragraph (A) of rule 5101:4-6-13 of the Administrative Code.

(4) Assistance group members who fail to comply with an unemployment compensation or OWF requirement that is not equivalent to that of a supplemental nutrition assistance program (SNAP) work requirement shall lose their exemption and must be registered for work when not otherwise exempt.

Last updated October 2, 2023 at 8:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 11/18/2026
Prior Effective Dates: 3/1/2012
Rule 5101:4-3-19 | Food assistance: voluntary quit and reduction of work effort.
 

Applicants or recipients who voluntarily quit employment or reduce work hours are ineligible to participate in the supplemental nutrition assistance program (SNAP) subject to the requirements of this rule.

(A) What is considered a voluntary job quit or reduction of work?

(1) A voluntary job quit is a situation in which an individual who is required to register for work, as described in rule 5101:4-3-11 of the Administrative Code, has voluntarily quit a job of thirty hours or more a week without a good cause; or when an employee of the federal, state or local government participates in a strike against such government, and is dismissed from his or her job because of participation in the strike.

(2) A reduction of work is a situation in which an individual who is required to register for work, as described in rule 5101:4-3-11 of the Administrative Code, has voluntarily reduced their work hours less than thirty hours a week or to a level that results in earning less than the federal minimum wage times thirty hours a week without good cause.

(B) What situations are not considered a voluntary job quit or reduction of work?

Any individual required to register for work that has:

(1) Any reduction in hours mandated by the employer;

(2) Decided to terminate self-employment;

(3) Resigned from employment at the demand of the employer for any reason; or

(4) Quit a job and secured comparable employment. "Comparable" is not strictly defined. County agencies shall not declare a new job incomparable simply because the number of hours or the salary is lower than the job that was quit.

(C) How does the county agency verify a voluntary quit or reduction of work hours?

(1) When the information given by the applicant or recipient is questionable, the county agency shall request verification as defined in rule 5101:4-2-09 of the Administrative Code.

(2) The assistance group has the primary responsibility for providing verification, but when the assistance group reports difficulty obtaining the verification in a timely manner, the county agency shall provide assistance in obtaining the verification.

(3) When the assistance group and county agency are unable to obtain requested verification because the quit or work effort reduction resulted from circumstances that are unverifiable for good reasons, the individual shall not be denied under the voluntary job quit or reduction of work effort provisions. Benefits shall not be delayed beyond the normal processing time limits specified in paragraph (J) of rule 5101:4-2-01 of the Administrative Code.

(D) How is good cause established?

Good cause is defined in paragraphs (C) and (D) of rule 5101:4-3-11.1 of the Administrative Code. In determining when good cause exists the county agency shall also determine if the employment was unsuitable as described in paragraph (E) of rule 5101:4-3-11.1 of the Administrative Code or if there was a domestic violence issue as established in paragraph (F) of rule 5101:4-3-11.1 of the Administrative Code. The county agency must take into account the facts and circumstances including information submitted by the employer, the assistance group, and or a collateral contact. When good cause is determined, the county agency shall excuse the job quit or reduction in hours and a sanction shall not be imposed.

(E) What happens when the county agency determines a voluntary job quit or reduction of hours has occurred without good cause?

(1) When an applicant has a voluntary job quit or reduction of work hours within sixty days of applying for assistance and without good cause they shall be found ineligible for assistance for the period outlined in paragraph (A) of rule 5101:4-3-11.2 of the Administrative Code.

(2) When a recipient of SNAP has a voluntary job quit or reduction of work hours without good cause they shall be placed on a sanction. The sanctions outlined in paragraph (A) of rule 5101:4-3-11.2 of the Administrative Code shall apply and the recipient shall be notified in accordance with paragraph (B) of rule 5101:4-3-11.2 of the Administrative Code.

(F) How is eligibility reestablished?

Eligibility may be reestablished during a disqualification period and the individual shall, if otherwise eligible, be permitted to resume participation without signing a JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program Sanction Compliance Agreement" when:

(1) The individual secures new employment that is comparable in salary or hours to the job that was quit. Comparable employment may result in fewer hours or a lower net salary than the job that was quit;

(2) The individual may increase his or her work effort to thirty or more hours per week or earn an amount equal to the federal minimum wage times thirty hours per week; or

(3) The individual becomes exempt from the work registration requirements in paragraph (B) of rule 5101:4-3-11 of the Administrative Code.

(G) What occurs after the minimum sanction period is served when the sanctioned individual has not found new employment or increased hours of employment?

After the minimum sanction period has been served, the individual may begin participation in the SNAP program when the individual is complying with the requirements of rule 5101:4-3-11.1 of the Administrative Code and is otherwise determined eligible.

Last updated August 1, 2022 at 8:44 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 8/1/2027
Prior Effective Dates: 6/2/1980, 1/22/1982, 1/1/1986, 1/2/1986 (Emer.), 1/1/1998, 2/1/2012, 7/1/2017
Rule 5101:4-3-20 | Food assistance: able-bodied adults without dependents.
 

(A) Who is considered an able-bodied adult without dependents (ABAWD)?

(1) Every individual not exempt from work registration in accordance with rule 5101:4-3-11 of the Administrative Code is an ABAWD and subject to the requirements of this rule and rule 5101:4-3-20.1 of the Administrative Code unless the individual is:

(a) Under eighteen or fifty years of age or older;

(b) Pregnant;

(c) A parent (natural, adoptive, or step) of an assistance group member under age eighteen, even when the assistance group member who is under eighteen is not himself/herself eligible for supplemental nutrition assistance program (SNAP); or

(d) Residing in an assistance group where an assistance group member is under age eighteen, even when the assistance group member who is under eighteen is not himself/herself eligible for SNAP.

(2) When an individual previously identified as an ABAWD is later determined to either no longer be an ABAWD or to be exempt from work registration requirements in accordance with rule 5101:4-3-11 of the Administrative Code, the individual is no longer subject to the requirements of this rule.

(B) What are the work requirements for an ABAWD?

(1) Every ABAWD shall comply with:

(a) The work registration requirements described in rule 5101:4-3-11.1 of the Administrative Code; and

(b) The SNAP employment and training (SNAP E&T) program requirements described in rule 5101:4-3-30 of the Administrative Code.

(2) Every ABAWD that does not reside in a county subject to a waiver of the ABAWD time-limit approved in accordance with 7 C.F.R. 273.24 (01/2021), shall either:

(a) Participate in and comply with a SNAP E&T work experience program (WEP) activity for the maximum number of hours permitted by rule 5101:4-3-31 of the Administrative Code; or

(b) For twenty hours per week (twenty hours per week averaged monthly means eighty hours per month) as determined by the county agency:

(i) Participate in one or more SNAP E&T components, other than supervised job search, operated or supervised by a state or political subdivision of a state that meets standards approved by the governor of the state, including a program under section 7 C.F.R. 273.7(e)(01/2021). Such a program may contain supervised job search as a subsidiary activity as long as such an activity is less than half the requirement;

(a) When an individual is assigned to a work-based learning program component for the maximum number of hours permitted by rule 5101:4-3-31 of the Administrative Code and the maximum number of hours permitted is less than twenty hours per week, the individual is to be assigned to another SNAP E&T activity for the number of hours necessary to bring the total number of hours to twenty hours per week;

(b) When an individual is assigned to job retention services as described in rule 5101:4-3-39 of the Administrative Code, the hours are to count toward the twenty hour per week ABAWD work requirement, except for when assigned to job retention supportive services; or

(ii) In combination with hours spent in SNAP E&T activities, be engaged in work or a work program.

(3) For purposes of this rule and rule 5101:4-3-20 of the Administrative Code:

(a) "Work" includes working in exchange for (alone or in combination): money; goods or services (in-kind work); or verified unpaid work.

(i) "Unpaid work" includes any activity in which the individual exerts strength or faculties to do or perform something for which no compensation is received and that benefits the community or a member of the community that does not reside with the individual. Unpaid work shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

(ii) Every ABAWD engaged in work shall report when their work hours fall below twenty per week, averaged monthly in accordance with rule 5101:4-7-01 of the Administrative Code.

(b) "Work program" includes a program under Title 1 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (07/2014); a program under section 236 of the Trade Act of 1974, 19 U.S.C. 2296, (06/2015); or a program of employment and training for veterans operated by the department of labor or the department of veterans affairs, and approved by the United States department of agriculture (USDA) food and nutrition service (FNS).

(C) What happens when an ABAWD fails to meet a work requirement?

(1) An ABAWD who fails without good cause to comply with a work registration or SNAP E&T program requirement is subject to the sanction and compliance process described in rule 5101:4-3-11.2 of the Administrative Code.

(2) An ABAWD is not eligible to participate in SNAP as a member of any assistance group when he or she has received benefits for three countable months during any thirty-six month period. The first month of the thirty-six month count begins during the first full month of benefits. A "countable month" is any month that the ABAWD:

(a) Received a full SNAP allotment; and

(b) Was subject to and failed without good cause to meet the work requirement described in paragraph (B)(2) of this rule.

(3) Good cause.

(a) When determining good cause as described in paragraph (C)(1) of this rule, the county agency shall follow the good cause provisions of rule 5101:4-3-11.1 of the Administrative Code; and

(b) When determining good cause as described in paragraph (C)(2) of this rule, good cause is determined by the county agency. When an individual would have fulfilled the work requirement as defined in paragraph (B) of this rule, but missed some hours for good cause, the individual shall be considered to have met the work requirement when the absence from work, the work program, or the work experience program is temporary. Good cause shall include circumstances beyond the individual's control, such as, but not limited to: illness, illness of another assistance group member requiring the presence of the member, an assistance group emergency, or the unavailability of transportation.

(D) What are the county agency responsibilities for ABAWDs?

The county agency shall ensure that:

(1) Every ABAWD:

(a) Has been appraised and assigned to one or more SNAP E&T activities in accordance with rule 5101:4-3-29 of the Administrative Code;

(b) Is sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code for failing to comply with a work registration or SNAP E&T program requirement; and

(c) Is assigned a four month certification period in accordance with rule 5101:4-5-03 of the Administrative Code when the ABAWD has no countable earned income and is unable to meet the work requirement through participation in SNAP E&T alone;

(2) The time-limit on participation described in paragraph (C)(2) of this rule is enforced; and

(3) An ABAWD who has exhausted their three countable months in a thirty-six month period only receives SNAP benefits in accordance with rule 5101:4-3-20.1 of the Administrative Code.

Last updated June 16, 2022 at 12:06 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 11/18/2026
Prior Effective Dates: 9/27/1982, 5/2/1985, 11/18/1988, 1/1/1989 (Emer.), 10/13/1995, 11/22/1996 (Emer.), 10/11/2001, 2/1/2004
Rule 5101:4-3-20.1 | Food assistance: regaining eligibility.
 

This rule describes the process for an able-bodied adult without dependents (ABAWD) to regain eligibility for the supplemental nutrition assistance program (SNAP) after reaching the ABAWD time-limit.

(A) What is the ABAWD time-limit?

In accordance with paragraph (C)(2) of rule 5101:4-3-20 of the Administrative Code, an ABAWD is not eligible to participate in SNAP as a member of any assistance group when he or she has received SNAP benefits for three countable months during any thirty-six month period.

(B) How can an individual who has lost eligibility due to the ABAWD time-limit regain eligibility?

An individual ineligible to participate in SNAP due to the ABAWD time-limit is to regain SNAP eligibility when:

(1) An individual meets ABAWD exemption criteria as described in paragrah (A) of rule 5101:4-3-20 of the Administrative Code; or

(2) The county agency determines that an individual during any thirty consecutive days has engaged in work or a work program as described in rule 5101:4-3-20 of the Administrative Code, for eighty hours.

(C) When does an individual regain eligibility in accordance with this rule?

For individuals regaining eligibility by:

(1) Meeting an ABAWD exemption criteria, on the date of application; or

(2) For all other individuals, on the day the eighty hours are completed.

(D) Is there a limit on the number of times an ABAWD may regain eligibility?

No, there is no limit on how many times an ABAWD may regain eligibility.

(E) What happens when an ABAWD fails to meet the work requirement after regaining eligibility in accordance with this rule?

Once in a thirty-six month period, an ABAWD may remain eligible for an additional three consecutive months of SNAP eligibility after failing to meet the work requirement. When the county agency determines that an ABAWD who has regained SNAP eligibility in accordance with this rule has subsequently failed to meet the work requirement described in paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code, the county agency shall determine when the ABAWD has received the additional three consecutive months of benefits in the past thirty-six months.

(1) When the county agency determines that the ABAWD has already received the three consecutive additional months of eligibility, the ABAWD is ineligible.

(2) When the county agency determines that the ABAWD has not yet received the three consecutive additional months of eligibility, the ABAWD is eligible for a period of three consecutive countable months starting on either:

(a) The date the individual first notifies the county agency that he or she is no longer fulfilling the work requirement; or

(b) When the individual has been satisfying the work requirement by participating in a SNAP employment and training (E&T) activity, the date the county agency notifies the individual that he or she is no longer meeting the work requirement.

Last updated October 2, 2023 at 8:29 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 6/16/2027
Prior Effective Dates: 7/1/2017
Rule 5101:4-3-22 | Food assistance: nonfinancial eligibility standard-social security numbers.
 

(A) Is a social security number required for participation?

Each assistance group member applying for participation or participating in the program is required to provide a social security number (SSN) or apply for one before certification. Individuals having more than one number are required to provide all numbers.

(B) What happens when an applicant or recipient is unable to provide a SSN?

(1) Any assistance group member required to provide a SSN who is unable to do so must apply for one. To assist with applying the county agency shall:

(a) Complete a JFS 07355 "Notice of Application for Social Security Number";

(b) Advise the assistance group of the required verification for the social security administration (SSA) when the assistance group requests information on what verification will need to be submitted to the SSA office. The county agency shall provide information on what types of verification are acceptable for age, identity and/or citizenship or alien status (reference JFS 07355 for acceptable evidence); and

(c) Assist in routing the JFS 07355. The form is completed in triplicate. The original and the first copy are given to the assistance group to take to the SSA. The second copy is retained in the assistance group's file as proof the notice was issued. The SSA will complete the lower portion of the form and return the original to the county agency. The SSA will return the form directly to the county agency unless directed to do otherwise on a case-by-case basis. Assistance groups should not routinely be allowed to return the form to the county agency themselves except in unusual situations when any delay in the return of the form may cause the assistance group undue hardship. The SSA will send a social security card to the assistance group member and, when any pending claims exist, the claims processor is notified of the SSN. The county agency will be notified of the SSN by an alert from the SSA when using the SSA's third party query system.

(2) When the assistance group is unable to provide proof of application for a SSN for a newborn, the assistance group must provide the SSN or proof of application for a SSN at the next recertification or within six months following the month the baby is born, whichever is later. When the assistance group is unable to provide a SSN or proof of application for a SSN at that point, the county agency shall determine if the inability to do so meets good cause provisions as specified in paragraph (D) of this rule.

(C) What happens when an applicant or recipient refuses or fails to provide a SSN without good cause?

(1) The county agency shall explain to applicants and participants that refusal or failure without good cause to provide a SSN will result in disqualification of the individual for whom a SSN is not obtained. This disqualification applies to the individual for whom the number is not provided and not to the entire assistance group. The earned or unearned income of an individual disqualified for failure to comply with this requirement shall be treated as described in paragraph (B) of rule 5101:4-6-13 of the Administrative Code.

(2) In order for a disqualified assistance group member to regain eligibility, they must supply the county agency with the required SSN.

(D) How is good cause for failure to comply with the requirement to apply for or provide an SSN determined?

(1) In order to determine if good cause exists for failure to comply with the requirement to apply for or provide the county agency with a SSN, the county agency is to consider information provided by the assistance group, SSA and the county agency.

(2) Documentary evidence or collateral information that the assistance group member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN is to be considered good cause for not complying timely with the requirement.

(3) Good cause does not include delays due to illness, lack of transportation or temporary absences because SSA makes provisions for mail-in applications in lieu of applying in person.

(4) Except for newborns who have received benefits in accordance with paragraph (B)(2) of this rule, when an assistance group member can show good cause why an application for a SSN has not been completed in a timely manner, that individual is to be eligible to receive supplemental nutrition assistance program (SNAP) benefits for one month in addition to the month of application.

(5) If the assistance group member applying for a SSN has been unable to obtain the documents required by SSA, the county agency is to make every effort to assist the individual in obtaining these documents.

(6) Good cause for failure to apply is to be shown monthly in order for an assistance group member to continue to maintain eligibility. Once an application has been filed, the county agency is to permit the assistance group member to maintain eligibility pending notification of the county agency of the assistance group member's SSN.

(7) When good cause is not established, the assistance group member for whom the number is not provided is disqualified.

(E) When is an SSN verified?

(1) For those individuals who provide SSNs prior to certification, recertification or at any office contact, the county agency shall record the SSN and verify it. However, certification of an otherwise eligible assistance group shall not be delayed solely to validate any member's SSN, even when the thirty-day processing period has not expired. As soon as all other steps necessary to certify an assistance group are completed, except for verification of a SSN(s), the county agency shall certify the assistance group.

(2) When verification of an already reported SSN is not completed at initial certification, it shall be completed at the time of or prior to the assistance group's next recertification.

(3) A verified SSN shall be reverified only when the identity of the individual or the SSN becomes questionable.

(4) SSNs that have been verified through the Ohio works first (OWF) or medicaid programs shall not be reverified unless questionable.

(F) How is an SSN verified?

(1) A completed SSA form number SS-5 "Application for a Social Security Card" (rev. 10/2021) or a form SSA 2853 "Message from Social Security" (rev. 08-2009) shall be considered proof of application for a SSN for a newborn infant.

(2) Matching the reported SSN with information supplied by the SSA such as beneficiary and earnings data exchange (BENDEX) or state data exchange (SDX).

(3) Matching the reported number with the SSA's third party query system, or

(4) Observing the assistance group member's social security card.

(5) When the individual has no social security card, either the SSA 5028 "Receipt of Application of a Social Security Number" (rev. 04/2000), or the SSA 5029 "Receipt of Application of a Social Security Number" (rev. 11/2000), that is for a SSN that cannot be used for work purposes, or any "official document" containing the SSN can be used. An "official document" is defined as a W-2 form, a railroad retirement, retirement survivors disability insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the SSN that by law or regulation is required to be verified by the SSA. When the SSN appears questionable, the county agency shall verify the number either by matching it with information received from SSA or completing a JFS 07355.

(G) What documentation should be included in the case record to verify the SSN?

One of the following is to be retained in the case record: A photocopied or scanned copy of the social security card, an original JFS 07355, a SSA 2853, a SSA 5028 or a SSA 5029. When photocopies cannot be made, the county agency shall record full details regarding documents seen and in whose possession they remain.

(H) What can the SSNs of applicants and recipients be used for?

County agencies are authorized to use SSNs in the administration of SNAP to the extent determined necessary by the secretary of agriculture and the secretary of health and human services.

(1) States will have access to information regarding individual SNAP applicants and participants who receive social security and SSI benefits to determine such an assistance group's eligibility to receive assistance and the amount of assistance, or to verify information related to the benefits of these assistance groups.

(2) County agencies shall use the state data exchange (SDX) under Title XVI of the Social Security Act of 1935 as amended, to the maximum extent possible.

(3) County agencies should also use the SSNs to prevent duplicate participation, to facilitate mass changes in federal benefits, and to determine the accuracy and/or reliability of information given by assistance groups.

(4) County agencies shall also use information from the income eligibility verification system (IEVS) to request and exchange information on individuals available through this system as specified in rule 5101:4-7-09 of the Administrative Code.

Last updated January 3, 2023 at 9:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 1/1/2028
Prior Effective Dates: 10/1/1981, 3/1/2011
Rule 5101:4-3-24 | Food assistance: good cause for failure to comply in providing a social security number.
 

(A) What happens when an assistance group member refuses or fails to provide a social security number (SSN)?

(1) When an assistance group member refuses or fails to provide his or her SSN, he or she, as an individual, is ineligible to participate in the supplemental nutrition assistance program (SNAP) unless they provide good cause as described in paragraph (C) of this rule.

(2) The disqualification applies to the individual for which the number is not provided (including the child who is under eighteen whose parent has refused or failed to cooperate for him or her) and not to the entire assistance group.

(3) The earned or unearned income and resources of an individual disqualified for failure to comply with this requirement is to be treated as in accordance with rule 5101:4-6-13 of the Administrative Code. Prior notice requirements are to be followed before the assistance group's benefit level can be decreased.

(4) The disqualified assistance group member may become eligible upon providing the county agency with an SSN.

(B) How is good cause determined?

In determining when good cause exists for failure to comply with the SSN requirement, the county agency shall consider information from:

(1) The assistance group member;

(2) The social security administration (SSA); and

(3) The case file (especially when the county agency failed to refer the assistance group member to SSA, or SSA did not process the referral and/or SSN application in a timely manner).

(C) What is considered good cause?

Documentary evidence or collateral information that the assistance group member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN shall be considered good cause for not complying on a timely basis with this requirement.

(D) What is not considered good cause?

Good cause does not include delays due to illness, lack of transportation or temporary absences. SSA makes provisions for mail-in applications in lieu of applying in person.

(E) How is good cause handled?

(1) When the assistance group member demonstrates good cause for why an application has not been completed in a timely manner, the assistance group member shall be allowed to participate for one month in addition to the month of application.

(2) When an assistance group member applying for a SSN has been unable to obtain the documents required by SSA, the county agency shall make every effort to assist the individual in obtaining these documents.

(3) The assistance group must demonstrate good cause for failure to apply each month in order for the assistance group member to continue to participate.

(4) Once an application has been filed, the county agency shall permit the member to continue to participate pending notification of the assistance group member's SSN.

(5) When an assistance group is unable to provide proof of application for a SSN for a newborn, the assistance group shall provide the SSN or proof of application at its next recertification or within six months following the month the baby is born, whichever is later. When an assistance group is unable to provide a SSN or proof of application for a SSN at its next recertification or within six months following the baby's birth, the county agency shall determine if there is good cause.

Last updated May 2, 2022 at 8:51 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 5/1/2027
Prior Effective Dates: 4/1/1981, 10/25/1986, 6/22/1987, 10/30/1992
Rule 5101:4-3-29 | Food assistance employment and training: case management.
 

(A) What is case management?

The purpose of case management services is to determine the appropriate supplemental nutrition assistance program (SNAP) employment and training (E&T) components and activities based on the participant's needs and interests, to directly support an individual's participation in the SNAP E&T program, and to provide activities and resources that help the participant achieve program goals. Case management services can be provided in-person or virtually (i.e. any communication that does not happen in-person), and can include activities such as coordination with service providers, but is to include the following:

(1) Comprehensive appraisals;

(2) Individualized employability plans; and

(3) Ongoing progress monitoring.

(B) What is a comprehensive appraisal?

(1) As a condition of continued SNAP eligibility, individuals subject to the work registration requirement described in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code are required to be appraised. As part of the appraisal process, the county agency is to:

(a) Determine the best assignment for a participant based on their skills and needs to move them toward self-sufficiency and personal responsibility; and

(b) Screen to identify possible victims of domestic violence in accordance with rule 5101:1-3-20 of the Administrative Code. Victims of domestic violence may be excused from a work activity as described in paragraph (F) of rule 5101:4-3-11.1 of the Administrative Code; however, the individual may still choose to participate.

(2) During the comprehensive appraisal process the county agency is to ensure:

(a) Each individual is provided a copy and an explanation of their rights and responsibilities described in paragraphs (D)(3)(a) to (D)(3)(d) of rule 5101:4-2-07 of the Administrative Code; and

(b) When an individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the county agency is to offer additional screening to the individual consistent with the requirements of rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. When additional screening indicates the presence of a disability, the employability plan made in accordance with paragraph (C) of this rule, is to be consistent with the county agency's ADA plan and is to include a description of each reasonable modification requested and made for an individual with a disability.

(3) A comprehensive appraisal is to be completed:

(a) Immediately following certification but no later than thirty days from the authorization of SNAP benefits at initial certification and recertification;

(b) Any time reinstatement of eligibility is completed;

(c) When the county agency determines the assistance group's circumstances warrant any additional appraisals; and

(C) What is an individualized employability plan?

As part of the appraisal process, the county agency is to develop an employability plan with each individual to achieve the goal of self-sufficiency and personal responsibility. The employability plan is to be signed by the individual and is to include:

(1) Assignment to activities in one or more SNAP E&T components as referenced in rule 5101:4-3-30 of the Administrative Code;

(2) Supportive services to be provided to the individual; and

(3) Case management services, including ongoing progress monitoring, that are to be provided to the individual.

(D) What is ongoing progress monitoring?

Ongoing progress monitoring is engaging with the individual at least once per month to discuss their progress in assigned activities, any new barriers and supportive services that may be necessary, and/or potential next activities. The county agency is to:

(1) Perform ongoing progress monitoring or have the SNAP E&T provider perform it;

(2) Include ongoing progress monitoring within a SNAP E&T activity or operate ongoing progress monitoring as a stand-alone activity; and

(3) First communicate with the participant, when the participant fails to comply with ongoing progress monitoring without good cause, to discuss their interest in continuing with ongoing progress monitoring and adjust their required participation and employability plan accordingly.

(a) When an individual expresses a lack of interest in continuing ongoing progress monitoring or has two consecutive failures and is otherwise progressing through the SNAP E&T activity or component, the county agency is to suspend ongoing progress monitoring.

(b) When the individual's hours in ongoing progress monitoring are used to meet the able-bodied adults without dependents (ABAWD) work requirement as described in rule 5101:4-3-20 of the Administrative Code, the individual is to accrue a countable month in accordance with paragraph (C)(2) of rule 5101:4-3-20 of the Administrative Code.

(E) What happens when the assistance group member fails to cooperate with the comprehensive appraisal or employability plan?

(1) Failure without good cause to attend an appraisal interview or to complete an appraisal by any required participant is to result in a sanction in accordance with paragraph (B) of rule 5101:4-3-11.1 of the Administrative Code.

(2) When the individual fails or refuses, without good cause, to comply in full with any provision of their employability plan, except ongoing progress monitoring, the county agency is to sanction the individual in accordance with paragraph (B) of rule 5101:4-3-11.1 of the Administrative Code.

(F) How is good cause determined?

Good cause is determined in accordance with paragraphs (C) and (F) of rule 5101:4-3-11.1 of the Administrative Code.

(G) How are hours spent in case management counted?

(1) The assigned hours spent in case management are to be counted toward the number of hours a participant is required to participate in SNAP E&T as described in rule 5101:4-3-31 of the Administrative Code and the ABAWD work requirement as described in rule 5101:4-3-20 of the Administrative Code.

(2) The participant cannot participate only in case management in order to complete all SNAP E&T and ABAWD hours.

(3) For time spent in case management, only allowable SNAP E&T activities can be counted toward the SNAP E&T requirement. For example, hours a participant spends with a case manager identifying a temporary housing solution are to count toward the work requirement, but the hours spent actually moving into temporary housing will not count as an allowable SNAP E&T component or activity.

Last updated October 2, 2023 at 8:29 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 5107.40 to 5107.69
Five Year Review Date: 11/18/2026
Prior Effective Dates: 4/2/1990, 5/1/1992, 2/1/1994 (Emer.), 12/31/2006
Rule 5101:4-3-30 | Food assistance employment and training program.
 

(A) What is the supplemental nutrition assistance program (SNAP) employment and training (E&T) program?

Work registrants subject to the work registration requirement in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code who are in receipt of SNAP benefits are also required to participate in case management services and at least one SNAP E&T component.

(B) What requirements must the county agencies meet for the SNAP E&T program?

(1) The county agency shall develop written standards, criteria, and procedures for the operation of the SNAP E&T. The standards shall include an explanation of each participating individual's rights under the amendments to Title II of the Americans with Disabilities Act of 1990 (ADA) and section 504 of the Rehabilitation Act of 2008, including the right to request reasonable modification in program activities.

(2) In addition to case management services as described in rule 5101:4-3-29 of the Administrative Code, beginning federal fiscal year 2023, the county SNAP E&T program:

(a) Is to consist of the following components:

(i) Education and training;

(ii) Supervised job search; and

(iii) Work experience program (WEP); and

(b) May consist of the following components:

(i) Work-based learning; or

(ii) Job retention.

(3) The county agency shall establish a procedure that ensures a contractor or agency operating a component of its SNAP E&T program notifies the county agency within ten days when:

(a) A required participant fails to comply with the SNAP E&T requirements; and

(b) The provider determines a participant is not suited for the assigned SNAP E&T component as described in rule 5101:4-3-11.2 of the Administrative Code.

(4) The county agency and/or contract providers shall meet any reporting requirements pursuant to the provisions of the Food and Nutrition Act of 2008, (12/2019).

(5) Each employable and volunteer individual shall be informed in writing of their rights and responsibilities concerning the employment and training program prior to or during the appraisal. The county agency shall ensure each required and voluntary individual has received an explanation of their rights and responsibilities described in paragraphs (D)(3)(a) to (D)(3)(d) of rule 5101:4-2-07 of the Administrative Code. Failure or refusal to meet these responsibilities could result in sanctions that would adversely affect the amount of SNAP benefits.

(a) The rights of required SNAP E&T participants shall include, but are not limited to:

(i) Receiving copies of all employability plans.

(ii) Notification of the right to request a state hearing on issues related to participation in SNAP E&T and failure or refusal to participate.

(iii) Nondiscrimination in SNAP employment and training program assignments.

(iv) Receiving supportive services, pursuant to the provisions of rule 5101:4-3-32 of the Administrative Code, for the authorized SNAP E&T activity.

(v) Filing a conciliation request pursuant to rule 5101:4-3-38 of the Administrative Code.

(vi) Accepting employment pursuant to the requirements of rule 5101:4-3-11.1 of the Administrative Code.

(b) The responsibilities of SNAP E&T participants shall include, but are not limited to:

(i) Reporting to the appraisal and other appointments with the county agency program staff or providers.

(ii) Reporting to the work experience program (WEP), education, training, supportive service, or supervised job search sites at the scheduled dates and times.

(iii) Obeying the rules at the work site, following instructions, and otherwise demonstrating acceptable work habits and behavior.

(iv) Providing the county agency with information relevant to securing or retaining employment and providing supplemental information as requested.

(v) Notifying the immediate supervisor, other designated individual, or the county agency staff of the reason for nonparticipation as scheduled.

(vi) Participating in SNAP E&T activities for the scheduled number of hours as assigned.

(vii) Accepting necessary supportive services determined to be needed for participation.

(viii) Reporting any changes that would affect the individual's ability to participate in the SNAP E&T.

(ix) Providing the county agency with documentation of attendance and participation in a SNAP E&T activity as requested.

(x) Providing a good cause reason for nonparticipation as required pursuant to the provisions of rule 5101:4-3-11.1 of the Administrative Code.

(xi) Contacting the county agency, unless otherwise instructed by the county agency, when a monthly scheduling notice or the participant expense allowance has not been received.

(xii) Reporting to a job site, to an employer for a scheduled job interview or to any related subsequent interviews or testing appointments when referred by the county agency or its designee.

(xiii) Accepting a bona fide offer of employment pursuant to rule 5101:4-3-11.1 of the Administrative Code.

(xiv) Signing and complying with the employability plan developed with the county agency.

Last updated June 16, 2022 at 12:06 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 5107.40, 5107.69
Five Year Review Date: 11/18/2026
Prior Effective Dates: 7/1/1984, 9/23/1989, 4/2/1990, 11/1/1990, 5/1/1992, 12/20/1997, 6/1/2016, 7/1/2017
Rule 5101:4-3-31 | Food assistance employment and training: required hours.
 

(A) How many hours should a required participant in the supplemental nutrition assistance program (SNAP) employment and training (E&T) program be assigned?

(1) Work experience program and work-based learning: the maximum hours of participation per month for the required participant assigned to a work experience program or work-based learning program assignment shall be in accordance with the Fair Labor Standards Act (FLSA) (9/2019) and is the SNAP allotment amount divided by the federal or state minimum wage, whichever is higher. When there are multiple required participants in a given assistance group, the total hours of participation shall be shared by all required participants. Whether the participation requirement is being met by one or multiple assistance group members, the total required hours of participation cannot exceed the total SNAP benefit amount divided by the federal or state minimum wage, whichever is higher.

(2) Education and training assignments: a required participant shall be assigned to education and training for the number of hours needed to complete the education and training assignment.

(3) Supervised job search assignments: at a minimum, a required participant's level of effort shall be comparable to spending twelve hours a month making job contacts.

(4) Job retention services: there is no minimum or maximum required number of hours for a participant; however, a county agency is to make a good faith effort to provide job retention services for at least thirty days but no more than ninety days in accordance with rule 5101:4-3-39 of the Administrative Code.

(5) Case management: at a minimum, a required participant is to spend at least one hour in case management services in accordance with rule 5101:4-3-29 of the Administrative Code.

(B) Are there limitations on the hours a required participant can complete?

(1) The total monthly hours of participation in a SNAP E&T program for any assistance group member, together with any hours worked for compensation (in cash or in kind), shall not exceed one hundred twenty.

(2) No participant shall be required to work more than eight hours on any given day without his or her consent.

(3) An assignment to an activity shall not interfere with an individual's hours of paid employment so long as this employment is countable income pursuant to rule 5101:4-4-19 of the Administrative Code.

(4) Hours spent in case management services are not to be the only hours spent participating in the SNAP E&T program, however, these hours are to count towards both the total monthly hours of participation in the SNAP E&T program and the able-bodied adult without dependents (ABAWD) work requirement as described in rule 5101:4-3-20 of the Administrative Code. Individuals are to participate in both case management and at least one or more SNAP E&T components.

(C) Can an individual not required to participate in the SNAP E&T program volunteer to participate?

County agencies may allow volunteers to participate in the SNAP E&T program. County agencies shall not disqualify voluntary participants for failure to comply with the SNAP E&T requirements. Individuals who are voluntarily participating in:

(1) Education and training or supervised job search do not have a limit on how many hours they can participate;

(2) A work experience program are subject to the maximum hours of participation in accordance with paragraph (A)(1) of this rule; or

(3) A work-based learning program and are being paid a wage at least equal to the higher of the applicable federal or state minimum wage for all hours spent in the work-based learning program, the FLSA restrictions described in paragraph (A)(1) of this rule do not apply.

Last updated June 16, 2022 at 12:06 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 5107.40, 5107.69
Five Year Review Date: 11/18/2026
Prior Effective Dates: 3/1/1983, 2/1/1994 (Emer.), 1/8/2007
Rule 5101:4-3-32 | Food assistance employment and training: supportive services.
 

(A) What are supportive services?

(1) Supportive services are participant reimbursements provided to assist a supplemental nutrition assistance program (SNAP) employment and training (E&T) participant with completing their assignment. Supportive services may include, but are not limited to, an expense allowance to cover the cost of transportation and other work, training or education related expenses and publicly funded child care.

(2) Supportive services may also be offered as part of job retention services as described in rule 5101:4-3-39 of the Administrative Code.

(B) What is the county agency's responsibility for providing supportive services?

The county agency is responsible for arranging and providing reasonably necessary supportive services for individuals that directly relate to participating in the SNAP E&T program. The county agency is the deciding authority for determining the appropriateness and the availability of funds.

(C) How is an expense allowance determined?

(1) An individual shall receive an expense allowance for the actual costs of transportation and/or other work, training or education related costs associated with participation up to the maximum level of reimbursement established by the county agency.

(2) An individual who documents costs in excess of the amount established by the county agency is eligible to receive reimbursement for the additional costs. The county agency is to do one of the following:

(a) Increase the amount of the monthly expense allowance;

(b) Reassign the participant to another activity; or

(c) Determine the individual has good cause for not participating until a suitable component is available or the individual's circumstances change and his/her monthly expenses do not exceed the expense allowance.

(3) An individual who incurs no costs for participation is not eligible for the expense allowance.

(4) Costs of meals away from home are not reimbursable.

(D) How does the county agency provide publicly funded child care to individuals participating in the SNAP E&T program?

Individuals participating in the SNAP E&T program who need child care assistance in order to participate in the program, shall be referred to apply for publicly funded child care. When publicly funded child care is not available to the individual, the county agency may provide good cause to the individual for non-participation.

Last updated June 16, 2022 at 12:06 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04, 329.042
Five Year Review Date: 6/16/2027
Prior Effective Dates: 3/1/1987, 11/1/1990, 10/1/1991 (Emer.), 5/1/1992, 11/1/1992, 2/19/1996, 10/1/1997 (Emer.)
Rule 5101:4-3-33 | Food assistance employment and training: supervised job search.
 

(A) What is supervised job search?

Supervised job search is a supplemental nutrition assistance program (SNAP) employment and training (E&T) component that provides SNAP E&T participants with activities that have a direct link to increasing employment opportunities for participants.

(B) What are the requirements of supervised job search?

(1) Supervised job search shall occur at county-approved locations where a participant's activities and participation time are able to be directly supervised and tracked. County approved locations include any location deemed suitable by the county agency where the participant has access to tools, and materials needed to perform supervised job search.

(2) Supervised job search locations are not limited to a physical building and may include virtual tools. Examples of physical locations may include the Ohio means jobs centers operated by the local workforce development board, resource rooms at the job and family services office; whereas virtual tools may include the OhioMeansJobs.com website, other websites, portals or web applications. Offering a variety of locations and formats to best meet participant needs is encouraged and to the extent possible, county agencies are to allow participants to choose their preferred location.

(3) Supervision, either remotely or in-person, is to be provided by skilled staff who provide meaningful guidance and support with at least monthly check-ins. Supervision and job search activities may occur at different times, and is to be provided in such a way to best support the participant and may include activities such as job search coaching, review of job search activities, and guidance on how to best target participant job search activities.

(4) Supervised job search hourly requirements are established by the county agency pursuant to the time limit described in paragraph (D) of this rule and shall be assigned in accordance with rule 5101:4-3-31 of the Administrative Code.

(C) What are the responsibilities of the county agency when implementing supervised job search?

The county agency is to include a summary in their E&T plan of the county guidelines used to implement supervised job search. The summary of the county guidelines, at a minimum, is to describe:

(1) Criteria used by the county agency to approve locations for supervised job search;

(2) An explanation of why those criteria were chosen; and

(3) How the supervised job search component meets the requirements to directly supervise the activities and track the timing and activities of participants.

(4) Time spent in activities in supervised job search is to be tracked within the case record. Information tracked may include, but is not limited to: the participant's name; date and time of attendance; hours spent in supervised job search; and the number of applications submitted to employers.

(D) What are the time limits for supervised job search?

(1) A county agency shall establish a supervised job search period, that in its estimation, will provide participants a reasonable opportunity to find suitable employment. For a SNAP E&T participant who is either a volunteer or an able-bodied adult without dependents (ABAWD) who resides in a county subject to a waiver of the ABAWD time-limit approved in accordance with 7 C.F.R. 273.24 (6/2021), supervised job search is not to be assigned as a continuous, year round assignment unless the county agency determines it is the most suitable assignment and believes it will continue to provide the SNAP E&T participant a reasonable opportunity to find suitable employment.

(2) For a SNAP E&T participant who is an ABAWD subject to the time-limit described in rule 5101:4-3-20 of the Administrative Code, supervised job search may be assigned as follows:

(a) When an ABAWD is meeting the ABAWD work requirements described in paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code by participating in SNAP E&T:

(i) Supervised job search immediately following certification of SNAP benefits is not to exceed thirty days prior to making a work experience program (WEP) assignment. This activity is part of the WEP assignment and participants are considered to be participating in and complying with the requirements of WEP as described in rule 5101:4-3-35 of the Administrative Code.

(ii) Supervised job search may be assigned at any time during the certification period with no durational limitation. However, the supervised job search activity is to be paired with another SNAP E&T activity and the hours of supervised job search are to be less than half of the total number of hours the ABAWD is to participate in SNAP E&T.

(b) When an ABAWD is meeting the work requirement described in paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code through something other than SNAP E&T (e.g., work) but an assignment to SNAP E&T supervised job search is appropriate, the assignment shall be made in accordance with paragraph (D)(1) of this rule.

Last updated October 2, 2023 at 8:29 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 8/1/1985, 6/30/1989 (Emer.), 9/23/1989, 2/19/1996, 7/1/1996 (Emer.), 11/1/2019, 11/18/2021
Rule 5101:4-3-34 | Food assistance employment and training: work experience program.
 

The work experience program (WEP) is a supplemental nutrition assistance program (SNAP) employment and training (E&T) component that provides work experience and training for employable SNAP E&T participants, who are not otherwise able to obtain employment, to enhance their ability to secure unsubsidized employment. The SNAP E&T WEP component is equivalent to the federal definition of workfare in that participants perform work in a public service capacity (with a public or private nonprofit sponsor) as a condition of eligibility to receive their monthly allotment.

(A) What criteria shall the county agency establish for WEP worksite sponsors?

(1) Participants are not required to perform political, partisan, or electoral activities.

(2) The worksite shall meet all applicable federal, state and local health and safety standards, equal employment opportunity (EEO) policies, fair labor standards, displacement policies, and provide reasonable work conditions.

(3) The placement has not been developed in response to, or in any way associated with, the existence of a strike, lockout, or bona fide labor dispute, and does not violate any existing labor agreement.

(4) A participant's religious freedom shall not be violated nor is the participant compelled to do work that promotes a religious doctrine or belief.

(B) Is a participant considered an employee of the WEP worksite?

A participant shall not be considered an employee of either the sponsor, the county agency, or the Ohio department of job and family services (ODJFS) and, therefore, is not entitled to all of the benefits and privileges of an employee. The operation of WEP shall not be considered to be the operation of an employment agency by the state or county agency.

(C) Do the WEP individuals have coverage for injuries?

Individuals assigned to WEP shall be covered for participation-related injuries or disabilities under work relief compensation administered by the bureau of workers' compensation (BWC). Unless the county agency pays the premiums for the sponsor, a private nonprofit, or government sponsor with whom a SNAP E&T participant is placed shall pay the premiums to the BWC on behalf of the participant. Individuals assigned to other SNAP employment and training activities shall not be included in premium payments made by the county agency to the BWC.

Last updated October 2, 2023 at 8:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 3/1/1983, 3/1/1987, 9/23/1989, 11/1/1990, 5/1/1992, 12/1/1995 (Emer.), 12/20/1997
Rule 5101:4-3-34.1 | Food assistance: work experience program overpayments.
 

When an overissuance of supplemental nutrition assistance program (SNAP) benefits is discovered during a month(s) for individuals who have already completed a work experience program (WEP) activity, as described in rule 5101:4-3-34 of the Administrative Code, the county agency shall follow the claim recovery procedures specified in this rule.

(A) What is the claim recovery procedure for an individual who performed the WEP activity and is still subject to a WEP assignment at the time the claim is created?

(1) The county agency shall determine how many extra hours the individual worked as a result of the improper benefit issuance. The individual shall be credited the extra hours worked toward future WEP obligations.

(2) The county agency shall establish and calculate a claim in accordance with Chapter 5101:4-8 of the Administrative Code.

(B) What is the claim recovery procedure for an individual who performed the WEP activity and is no longer subject to a WEP assignment at the time the claim is created?

The county agency shall determine whether the overpayment was the result of an intentional program violation (IPV), inadvertent household error (IHE), or administrative error (AE), as defined in rule 5101:4-8-15 of the Administrative Code.

(1) When the overissuance was caused by an IPV, a claim shall be established and calculated in accordance with Chapter 5101:4-8 of the Administrative Code.

(2) When the overissuance was caused by an IHE or AE, the county agency shall determine whether the number of hours the individual actually participated in the WEP activity was more than the number that could have been assigned had the proper benefit amount been used in calculating the number of hours to work. The county agency shall establish a claim for the amount of the overissuance not worked. When the hours worked equal the amount of hours calculated by dividing the overissuance by the minimum wage, then no claim will be established. No credit for future work requirements will be given.

Last updated October 12, 2023 at 10:31 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 10/1/2025
Prior Effective Dates: 10/15/2009, 8/1/2015
Rule 5101:4-3-35 | Food assistance employment and training: education and training activities.
 

Education and training activities or job readiness training activities shall improve the basic skills and directly enhance the employability of the supplemental nutrition assistance program (SNAP) employment and training (E&T) participant.

(A) What types of education and training activities may be provided to SNAP E&T participants?

(1) Basic education;

(2) Vocational education;

(3) Job readiness training activities;

(4) Educational programs including, but not limited to, courses or programs of study that are a part of a program of career and technical education as defined in section three of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302); and

(5) Other programs or activities determined by the county agency to expand the employability of the participant.

(B) What is the goal of basic education?

Basic education may be provided to individuals who do not possess basic literacy skills whether or not they have obtained a high school diploma or equivalent education. Basic education includes high school or equivalent education, remedial education, adult basic education, basic literacy education, and instructional programs in English as a second language (ESL).

(C) What are the county agency's responsibilities for tracking the progress of an individual engaged in basic education activities?

The county agency shall document the progress of the participant assigned to basic education in conjunction with the service provider. To remain assigned to the activity, an individual shall be expected to make "satisfactory progress" as determined by the county agency. An individual who is unable to make satisfactory progress shall be reassessed to determine when the assignment should continue. Assignment to this activity shall be based on the goal of obtaining employment.

(D) What is the goal of vocational education?

The goal of vocational education is to assist individuals in obtaining useful employment in a recognized occupation. Vocational education may include: occupational training in technical job skills and equivalent knowledge and abilities in a specific occupational area; post-secondary education; and training offered by other entities such as public secondary schools and public and private entities. For the vocational and post-secondary education components Ohio has aligned the allowable SNAP E&T programs with the workforce innovation and opportunity act (WIOA) approved programs found on the workforce inventory of education and training (WIET) list.

(E) What is the goal of job readiness training activities?

(1) Job readiness training activities are designed to expand the employability of participants by ensuring that participants become familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market. Various types of structured programs qualify, such as rehabilitation, counseling, employability assessments, training in techniques for employability, and job placement services.

(2) Job readiness training activities may include, but are not limited to the following:

(a) Classroom instruction on the strategies and skills in job seeking;

(b) Job lead development;

(c) Identifying and overcoming personal barriers to employment;

(d) Building self-confidence and self-promotion;

(e) Good grooming and dress techniques;

(f) Managing time, money, and household budgets;

(g) Obtaining proper dependent care and supervision of dependents while working;

(h) Conducting self-assessments to determine employment options and training needs;

(i) Completing resumes, work histories, and application forms;

(j) Learning and using good interviewing techniques;

(k) Using resources such as the telephone, telephone directories, newspapers, internet, and friends and/or relatives;

(l) Contacting the individual who does the hiring;

(m) Maintaining good records of job search activities;

(n) Understanding employer expectations;

(o) Understanding unions, benefits, taxes, deductions, and hospitalization policies;

(p) Being prompt and punctual for work;

(q) Accepting supervision positively;

(r) Relating to other employees; or

(s) Retaining the job as a step toward security and independence.

(F) What is the goal of educational programs, courses or programs of study that are a part of a program of career and technical education as defined in section three of the Carl D. Perkins Act of 2006?

The goal of educational programs, courses or program of study defined in section three of the Carl D. Perkins Act of 2006 is to ensure individuals are participating in a defined career and technical education program to assist in obtaining useful employment in a recognized occupation. These educational programs may be offered concurrently or contextually with basic education or vocational education. An educational program, course or program of study does not have to receive Perkins funding to be considered meeting the definition of a career and technical education program.

(G) What is the goal of other programs or activities determined by the county agency to expand the employability of the participant?

The goal of other programs or activities determined by the county agency allows for county agencies to assign an individual to participate in an education and training activity where there is a direct link between the educational activity and job readiness. These activities shall also expand the employability of the participant.

Last updated October 2, 2023 at 8:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 8/1/1985, 1/1/1989, 6/30/1989 (Emer.), 11/1/1992, 12/20/1997, 10/1/2007
Rule 5101:4-3-36 | Food assistance employment and training: displacement of other persons.
 

(A) Is it allowable for a supplemental nutrition assistance program (SNAP) employment and training (E&T) participant to displace a person from employment?

Participants in the SNAP E&T program shall not be assigned to program activities that result in the displacement of other persons. Displacement occurs when a participant's assignment results in removing or discharging employees or otherwise denying such employment to persons who:

(1) Are already employed as regular full-time or part-time employees.

(2) Are or have been employed full time or part time as participants in a subsidized employment program/on-the-job training or in other publicly subsidized employment and training programs.

(3) Are or have been involved in a dispute between a labor organization and the employer or sponsor.

(4) Have been laid off and are either:

(a) Receiving unemployment compensation; or

(b) Subject to recall under the established policies of the employer or sponsor.

(B) Is it allowable for a work experience program (WEP) or work-based learning (WBL) participant to fill a vacant position?

(1) WEP and WBL participants are not to be used to fill existing vacant positions. No employment and training participant is to perform work that has the effect of reducing the work or promotional opportunities of employees. They may, however, perform the same type of work as the employee. Reducing the work of employees means reducing the number of hours, wages or employment benefits of regular or part-time employees, or reducing the number of positions that the employer certifies would otherwise be filled by regular employees.

(2) WBL participants are to be provided the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.

Last updated October 2, 2023 at 8:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 2/19/1996, 10/1/1997 (Emer.)
Rule 5101:4-3-38 | Food assistance employment and training: conciliation process.
 

The county agency shall have a conciliation process to resolve disputes that arise concerning required supplemental nutrition assistance program (SNAP) employment and training (E&T) participation. The conciliation process may be initiated by the participant or by the county agency. The conciliation process shall be posted within the county agency and shall be given in writing to each SNAP E&T participant during the appraisal interview pursuant to the provisions of rule 5101:4-3-29 of the Administrative Code.

(A) What should the conciliation process include?

The conciliation process shall include, but is not limited to:

(1) Disputes over assignments.

(2) Inappropriate treatment by a county agency employee or worksite supervisor.

(3) Irregular work hours that create a severe hardship on the participant.

(4) Worksite assignments that deviate from the normal duties of the job.

(5) Disagreement with disciplinary action at the worksite involving the participant.

(6) Other areas of concern to the participant relating to participation.

(7) Disputes concerning working conditions and workers' compensation coverage.

(8) Wage rate calculations to determine the hours of participation.

(9) Disputes concerning failure to participate in the SNAP employment and training program.

(B) How can the conciliation process be initiated?

The conciliation process can be initiated by any of the following:

(1) A written notice from the county agency to the participant for a conciliation conference;

(2) A written or verbal request from the participant to the county agency for a conciliation conference; or

(3) A written or verbal request from the participant to the county agency for a conciliation conference when there is an act of nonparticipation. The conciliation process requires that such requests shall be made within seven calendar days that begins the day following the day of nonparticipation.

(C) Does the county agency have to track conciliation requests?

The county agency shall maintain an accurate record of all conciliation requests, including any pertinent facts and the resolution of the conciliation. Once a conciliation request is initiated, the county agency should attempt an informal resolution.

(D) How long should a decision take?

A resolution of the conciliation process initiated in accordance with paragraph (B) of this rule, shall be reached within a maximum of fifteen calendar days beginning with the date the conciliation process was initiated. No adverse action, as related to the SNAP employment and training program, may be proposed until the conciliation process, when requested, is concluded.

(E) Who can attend the conciliation process?

When a conciliation process is initiated, the county agency shall convene a conciliation conference that is presided over by the director or a designee. Both the county agency and the individual may bring whomever each reasonably wants to be at the conference in an attempt to informally resolve differences. When appropriate, the worksite supervisor may attend, or information from the worksite supervisor as requested by the county agency may be presented.

(F) When a conciliation conference is conducted may a recipient request a county conference or a state hearing?

(1) The conciliation conference does not replace the right to request a county conference pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code and the conciliation process shall not in any way limit the participant's hearing rights.

(2) The individual shall be notified in writing of the outcome of the conciliation conference. The notification shall also contain an explanation of the right to a state hearing pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code. When the conciliation conference is to be followed by a proposal of an adverse action, the prior notice sent to the individual will fulfill this requirement.

Last updated October 2, 2023 at 8:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 12/1/1987 (Emer.), 2/15/1988, 6/30/1989 (Emer.), 1/20/2003
Rule 5101:4-3-39 | Food assistance employment and training: job retention.
 

Job retention provides opportunities for training and skill development to improve employment outcomes, job retention and promote long-term self-sufficiency and independence for supplemental nutrition assistance program (SNAP) employment and training (E&T) participants.

(A) What are job retention services?

Job retention services are an allowable SNAP E&T activity designed to help achieve satisfactory performance, retain employment and to increase earnings over time.

(B) What is the goal of job retention services?

The goal of job retention services is to assist SNAP E&T participants in improving basic skills, increasing employability, aiding in career advancement and enabling SNAP E&T participants to gain better employment.

(C) What types of activities may be provided as part of job retention services?

Job retention services may include but are not limited to:

(1) Financial literacy planning;

(2) Employer mediation;

(3) Job coaching;

(4) Workplace literacy;

(5) Training/skills enhancement; and

(6) Supportive services such as reimbursement for costs associated with transportation and childcare.

(D) Who can receive job retention services?

A participant who:

(1) Secured employment after or while receiving other employment and training services under the SNAP E&T program; and

(2) Is receiving SNAP in the month of or month prior to beginning job retention services. Job retention services can be provided when the participant is no longer in receipt of SNAP and is not:

(a) Sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code; or

(b) Disqualified due to an intentional program violation in accordance with division 5101:6 of the Administrative Code.

(E) What are the time limits for job retention services?

(1) County agencies are to make a good faith effort to provide job retention services for at least thirty days. County agencies can demonstrate a good faith effort in a number of ways including but not limited to:

(a) Making a reasonable number of attempts to contact the participant;

(b) Discussing the thirty day minimum requirement with the participant; or

(c) Outlining specific steps the provider or the participant will take over the next thirty days to maintain a job.

(2) Job retention services are to be offered for no more than ninety days.

(3) A participant can receive job retention services for more than one job at the same time. The job retention time limits apply to each job separately and may overlap.

(F) Is there a limit on the number of times an individual can receive job retention services?

There is no limit to the number of times an individual can receive job retention services so long as prior to obtaining new employment, the individual re-engages with the SNAP E&T program.

(G) How do job retention services count when used to meet the able-bodied adults without dependents (ABAWD) work requirement?

(1) The number of hours spent in an activity as part of job retention services including, but not limited to those listed in paragraphs (C)(1) to (C)(5) of this rule, are to count towards the ABAWD work requirement as described in rule 5101:4-3-20 of the Administrative Code.

(2) Supportive services as described in paragraph (C)(6) of this rule are not to count toward the ABAWD work requirement.

(H) Can a participant be sanctioned for failing to comply with job retention services?

An otherwise eligible participant who refuses or fails to accept or comply with job retention services offered by the county agency is not to be sanctioned from SNAP.

Last updated June 16, 2022 at 12:06 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 6/16/2027
Rule 5101:4-3-40 | Food assistance employment and training: work-based learning.
 

(A) What is work-based learning?

Work-based learning is a supplemental nutrition assistance program (SNAP) employment and training (E&T) component that emphasizes employer engagement and enables SNAP E&T participants to move into regular public or private employment. A work-based learning activity is to include an element of training that fosters in-depth, firsthand engagement with the tasks required in a given field that are aligned to curriculum and instruction. Work-based learning activities may also include an element of interaction or participation in industry or occupational real world settings.

(B) What is the goal of work-based learning?

The goal of work-based learning is to improve the employability of the SNAP E&T participant through actual work experience, training or both. Improving employability means providing the participant with new knowledge, skills and work experience that enable the participant to obtain employment and/or gain better employment.

(C) What activities are included in work-based learning?

Work-based learning program activities can include, but are not limited to the following:

(1) Internships;

(2) Pre-apprenticeships;

(3) Apprenticeships;

(4) Customized training;

(5) Transitional jobs;

(6) Incumbent worker training;

(7) On-the-job workers training as defined under Workforce Innovation and Opportunity Act (WIOA) (7/2014); or

(8) Subsidized employment.

(D) Who can be a provider of work-based learning activities?

Work-based learning is to be provided within the private for-profit sector, the non-profit sector or the public sector and is to provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.

(E) How is income from a subsidized employment activity treated?

(1) For the purposes of SNAP eligibility and benefits determinations, income from subsidized employment is to be treated in accordance with rule 5101:4-4-19 of the Administrative Code.

(2) The county agency is to describe to the participant how income earned from subsidized employment activities may affect SNAP eligibility and benefit levels. The county agency is to allow the participant to choose a different SNAP E&T activity if losing eligibility or decreased benefits is a concern.

(F) How long can subsidized employment or apprenticeship activities last?

(1) Subsidized work-based learning activities and apprenticeships are to last six months or less. However, if an individual is participating in a registered apprenticeship program and the program is to last longer than six months, the individual is to be permitted to complete the full apprenticeship program.

(2) Subsidized work-based learning activities are limited to once every twelve months for each participant, unless the participant was found to have had good cause for not completing the activity, as described in rule 5101:4-3-11.1 of the Administrative Code.

(G) What is the county agency's responsibility when assigning an individual to a work-based learning activity?

(1) The county agency is to assign a participant up to the maximum number of hours allowed in work-based learning in accordance with rule 5101:4-3-31 of the Administrative Code.

(2) The county agency is to assign an able-bodied adult without dependents (ABAWD) to an additional SNAP E&T activity when the maximum number of hours assigned in work-based learning does not fulfill the twenty hour per week ABAWD work requirement as described in rule 5101:4-3-20 of the Administrative Code. If no other assignment is made and the ABAWD work requirement is not met, the ABAWD is to receive a countable month in accordance with rule 5101:4-3-20 of the Administrative Code.

Last updated October 2, 2023 at 8:30 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04
Five Year Review Date: 6/16/2027
Prior Effective Dates: 6/16/2022