Chapter 5101:4-4 Resource Eligibility Standards

5101:4-4-01 Food assistance: resource standards.

An assistance group who has not been determined categorically eligible as set forth in rule 5101:4-2-02 of the Administrative Code must be under the resource limit in order to be eligible for food assistance benefits. Resource limits are reviewed and adjusted annually. The amounts are updated in the client registry information system enhanced (CRIS-E) and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website: http://emanuals.odjfs.state.oh.us/emanuals

(A) What are the types of resources?

There are two types of resources:

(1) Liquid resources: cash on hand, money in checking or savings accounts, savings certificates, stocks or bonds, and lump-sum payments as specified in rule 5101:4-4-07 of the Administrative Code.

(2) Non liquid resources: personal property, buildings, land, recreational properties, and any other property such as boats, vacation homes, and mobile homes provided that these resources are not specifically excluded under rule 5101:4-4-03 of the Administrative Code. The value of nonexempt resources shall be the equity value. The equity value is the fair market value less encumbrances.

(B) Are resources required to be documented and verified?

(1) Resources shall be documented for all assistance groups. During the interview, the county agency should review with the applicant the resources reported as well as the possibility of unreported resources.

(2) If an assistance group is not categorically eligible the county agency shall verify resource information if the information is questionable. To be questionable, information on the application must be inconsistent with statements made by the applicant, other information on the application or a previous application, or with information received by the county agency.

(C) How are resources determined for sponsored aliens?

For assistance groups containing sponsored aliens as defined in rule 5101:4-6-31 of the Administrative Code, resources shall also include that portion of the resources of an alien's sponsor and the sponsor's spouse (if living with the sponsor) that has been deemed to be the alien's in accordance with the procedure established in rule 5101:4-6-31 of the Administrative Code, unless the sponsored alien is otherwise exempt from this provision in accordance with rule 5101:4-6-31 of the Administrative Code.

Replaces: 5101:4-4-01

Effective: 09/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 9/27/82, 6/1/83, 6/17/83, 12/25/83 (Temp.), 2/1/84 (Temp.), 4/1/84, 8/1/86 (Emer.), 10/1/86, 1/16/87 (Emer.), 4/6/87, 12/1/91, 8/1/92 (Emer.), 10/30/92, 5/1/95, 8/1/95 (Emer.), 10/13/95, 9/28/98, 10/1/02 (Emer.), 12/5/02, 6/1/03 (Emer.), 6/16/03, 6/12/08, 2/1/12

5101:4-4-03 Food assistance: exempt resources.

(A) Which resources are exempt?

The following resources are exempt:

(1) Home and surrounding property.

(a) The home and surrounding property that is not separated from the home by intervening property owned by others is considered part of the home which is an exempt resource. Public rights of way, such as roads which run through the surrounding property and separate it from the home, will not affect the exemption of the property. The home and surrounding property continue to be an exempt resource even if a portion of the surrounding property is income-producing.

(b) The home and surrounding property shall remain exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, or uninhabitability caused by casualty or natural disaster if the assistance group intends to return.

(c) If the assistance group does not already own a home, the value of a lot purchased to build a permanent home is exempt. If the new permanent home is partially completed, its value is also exempt.

(2) Household and personal goods.

(3) Cash value of a life insurance policy.

(4) One burial plot per assistance group member: The value of one revocable funeral agreement per assistance group member is exempt, provided the agreement does not exceed one thousand five hundred dollars in equity value. In the event that the equity value exceeds one thousand five hundred dollars then the excess equity value is counted.

(5) Vehicles in accordance with Ohio's temporary assistance for needy families (TANF) plan as permitted by the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act of 2001, Pub. L. No. 106-387, (10/2000).

(6) Income-producing property.

(a) Income producing property is:

(i) Property which annually produces income consistent with its fair market value, even if only used on a seasonal basis: such property shall include rental homes and vacation homes (if income producing);

(ii) Property, such as farm land, which is essential to the employment or the self-employment of a household member. Property exempt as essential to employment need not be producing income consistent with its fair market value;

(iii) Work-related equipment, such as the tools of a tradesman or the machinery of a farmer, which is essential to the employment or self-employment of a household member. Property essential to the self-employment of an assistance group member engaged in farming shall continue to be exempt for one year from the date the assistance group member terminates the member's self-employment from farming;

(iv) Installment contracts for the sale of land or buildings if the contract or agreement is producing income consistent with its fair market value. The value of the property sold under contract or held as security in exchange for a purchase price consistent with the fair market value of that property is also exempt.

(7) Property directly related to use and maintenance of vehicles: the portion of real property determined necessary for maintenance or for use of the vehicle is exempt under this rule.

(8) Inaccessible resources: resources are exempt if the cash value is not accessible to the assistance group such as, but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate, and real property which the assistance group is making a good faith effort to sell at a reasonable price and which has not been sold. The county agency may verify that the property is for sale and that the assistance group has not declined a reasonable offer. Resources shall be considered inaccessible to the assistance group as long as they were truly unknown to the assistance group. At the point the assistance group discovers or is made aware of the resources that are legally available to the assistance group, the resources must be counted in determining the assistance group's eligibility for food assistance.

(9) Funds transferred or produced by a trust: any funds transferred to a trust, and the income produced by that trust, shall be considered inaccessible to the assistance group if:

(a) The trust is under the control and management of an institution, corporation, or organization (the trustee) which is not under the direction or ownership of any assistance group member, or an individual appointed by the court who has court-imposed limitations placed on his or her use of the funds that meet the requirements of this paragraph;

(b) The funds held in irrevocable trust are either: established from the assistance group's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the assistance group creating the trust; or established from non assistance group funds by a non assistance group member;

(c) The trust investments do not directly involve or assist any business or corporation under the control or influence of an assistance group member;

(d) The trust arrangement will not likely cease during the certification period; and

(e) No assistance group member has the power to revoke the trust arrangements or change the name of the beneficiary during the certification period.

(f) Sections 1111.19 and 1721.211 of the Revised Code allow prepaid (prearranged or pre-need) burial contracts to establish burial accounts as irrevocable trust funds. A "prepaid burial contract" is an agreement among the recipient, the financial institution, and the funeral director. The agreement directs the financial institution to deliver to the funeral director, upon the recipient's death, the funds from a designated payable-on-death account which is on deposit at the financial institution.

(10) Earmarked resources: this includes any governmental payments which are designated for the restoration of the home which has been damaged in a disaster, if the assistance group is subject to a legal sanction if the funds are not used as intended. Examples of payments are those made by the department of housing and urban development and disaster loans or grants made by the small business administration.

(11) Resources which have been prorated and counted as income.

(12) Indian lands held jointly with the tribe, or land that can be sold only with the approval of the department of interior's bureau of Indian affairs.

(13) Energy assistance payments or allowances exempt as income under rule 5101:4-4-13 of the Administrative Code.

(14) Non-liquid assets against which a lien has been placed as a result of taking out a business loan and the assistance group is prohibited by the security or lien agreement with the lien holder (creditor) from selling the assets.

(15) A non-liquid resource that the assistance group is unable to sell for a return of at least one thousand five hundred dollars shall be exempt. This paragraph does not apply to financial instruments such as stocks, bonds, and negotiable financial instruments. An assistance group shall not divide a single resource for the purpose lessoning the return and causing the resource to be exempt. Any dividing of property solely to obtain an exemption under this paragraph shall be subject to the transfer of resources provisions as defined in rule 5101:4-4-09 of the Administrative Code.

(16) Individual development accounts regardless of their funding source.

(B) How are commingled exempt resources handled?

(1) Exempt resources that are kept in a separate account that are not commingled with other non-exempt resources shall retain their resource exemption for an unlimited period of time.

(2) The resources of self-employment assistance groups that are exempt and are commingled with non-exempt funds shall retain their exemption for the period of time over which they have been prorated as income.

(3) All other exempt resources that are commingled with non-exempt funds shall retain their exemption for six months from the date of commingling. After six months from the date of commingling, all funds in the commingled account shall be counted as a resource.

Replaces: 5101:4-4-03

Effective: 09/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101:54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 4/1/81, 6/18/81, 1/22/82, 2/12/82, 7/1/82, 9/27/82, 6/1/83, 6/10/83, 8/1/83, 11/1/83 (Temp.), 12/22/83, 12/25/83 (Temp.), 2/1/84 (Temp.), 3/1/84, 3/2/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 4/11/86 (Emer.), 7/1/86, 8/20/86 (Emer.), 11/15/86, 8/1/87 (Emer.), 10/25/87, 10/1/88 (Emer.), 11/18/88, 1/5/90 (Emer.), 3/22/90, 2/17/91, 5/1/91 (Emer.), 6/1/91, 12/1/91, 7/1/92, 8/1/92 (Emer.), 10/30/92, 8/1/93, 9/1/94, 5/1/95, 2/1/96, 7/1/96, 10/1/96 (Emer.), 12/5/96, 4/1/97 (Emer.), 6/6/97, 8/1/98, 7/15/99, 10/11/02 (Emer.), 12/26/02, 6/1/03(Emer.), 6/16/03, 6/12/08, 10/1/08 (Emer.), 12/18/08

5101:4-4-03.3 Food assistance: resources excluded by law.

Resources are exempt if excluded for food assistance purposes by express provision of federal statute or court decision. Where an exclusion applies because of use of a resource by or for an assistance group member, the exclusion shall also apply when the resource is being used by or for an ineligible alien or disqualified person whose resources are being counted as part of the assistance group's resources. The following is a listing of some of the resources excluded by federal statute. The listing is divided into general resource exclusions and exclusions applicable to resources of American Indians or Alaska Natives.

(A) General exclusions

(1) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program, Pub. L. No. 79-396, (6/1946) section 12(e) of the National School Lunch Act of 1946, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975).

(2) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966) of the Child Nutrition Act of 1966, section 11(b).

(3) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub L. No. 91-646, (02/1971) section 216.

(4) Benefits received from the special supplemental food program for women, infants and children (WIC), Pub. L. No. 92-443, (1972) section 9.

(5) Payments received under section 321(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (05/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as a resource for food assistance purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, which the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance for which the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency are not excluded under this provision.

(6) Payments received under the Low-Income Home Energy Assistance Act, Pub. L. No. 99-425, (09/1986) section (e).

(7) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut Residents of the Pribilof Islands and the Aleutian Islands West of Unimak Island, Pub. L. No. 100-383, (08/1988) section 105 (f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(8) Coupons that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (09/1988) section 501, which amended section 17(m)(7) of the Child Nutrition Act of 1966.

(9) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) which are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by Aetna insurance company. The Omnibus Budget Reconciliation Act of 1989 excludes these payments. Pub. L. No. 102-4, (02/1991), Agent Orange Act of 1991, authorized veterans' benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These payments are not excluded by law.

(10) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2).

(11) Federal tax refunds received after December 1, 2009 are excluded for twelve months following the receipt of the refund under the The American Taxpayer Relief Act of 2012 Pub.L. 112-240 (1/2013).

(12) Any federal, state and local earned income tax credits received either as a lump sum or as payments under section 3507 of the Internal Revenue Code (12/1994) shall be excluded for twelve months following receipt.

(13) The resources of an assistance group member who receives supplemental security income (SSI) benefits or public assistance benefits. An assistance group member is considered a recipient of these benefits if the benefits have been authorized but not received, if the benefits are suspended or recouped, or if the benefits are not paid because they are less than a minimum amount. For purposes of this paragraph, if an individual receives or is authorized to receive prevention, retention, and contingency (PRC) benefits or services as specified in paragraph (C)(2) of rule 5101:4-2-02 of the Administrative Code, the county agency shall consider the PRC assistance to benefit all members of the assistance group and therefore, the resources of all of the members of the assistance group shall be excluded. Individuals entitled to medicaid benefits only are not considered recipients of SSI or public assistance, Pub. L. No. 102-237, (12/1991), effective February 1, 1992.

(14) All student financial assistance received under Title IV (including assistance funded in part under Title IV) or part E of Title XIII of the Higher Education Act of 1965, , or under bureau of Indian affairs student assistance programs pursuant to section 479(b) and section 1343(c) of Pub. L. No. 102-325, (07/1992) and educational assistance received by a student under section 507 of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, Pub. L. No. 101-392, (03/1990) that is made available for tuition, mandatory fees, books, supplies, transportation, dependent care, and miscellaneous personal expenses. All educational accounts described in section 529, (qualified tuition programs) and section 530 (coverdell education savings accounts) of the Internal Revenue Code of 1986, Pub. L. No. 110-246, (06/2008).

(15) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (08/1994).

(16) Pub. L. No. 103-322, (09/1994) section 230202, amended section 1403 of the Crime Act of 1984 ( 42 U.S.C. 10602 ) to provide in part that, "(e) Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (a) such crime victim compensation program shall not pay that compensation; and (b) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program must be excluded from resources for food assistance purposes.

(17) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (09/1996) section 1805(d), to a child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(18) Housing and urban development (HUD) retroactive tax and utility costs subsidy payments issued pursuant to the settlement of Underwood v. Harris (Civil no. 76-0469, D.D.C.)(01/1978) against HUD, for the month in which payment was received and for the following month.

(19) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988.

(20) Disaster relief employment income received from national emergency grants under the Workforce Investment Act (WIA) of 1988, Pub. L. No. 105-220, (08/1998) section 181(a)(2).

(21) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(22) All pensions, tax-preferred retirement plans, contracts or accounts, including but not limited to, those described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b) and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a "Federal Thrift Savings Plan" account as provided for in 5 U.S.C. 8439 (01/2004). Pub. L. No. 110-246, (06/2008), also provides for the exclusion of any successor retirement accounts that are exempt from federal taxes.

(23) Filipino veterans equity compensation fund payments under the American Recovery and Reinvestment Act of 2009 (February 17, 2009, Pub. L. No. 111-5 ) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(B) Payments made to American Indians or Alaska Natives which are excluded by law. A list of funds provided to American Indians or Alaska Natives that are excluded by law can be found at:

http://www.fns.usda.gov/fdd/programs/fdpir/Excluded_Native_American_Funds_2011.pdf

Effective: 09/01/2013
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 8/1/83, 11/1/83 (Temp.), 12/22/83, 8/20/86 (Emer.), 11/15/86, 5/25/90, 4/1/91, 10/1/91, 10/2/91 (Emer.), 12/20/91, 8/1/92 (Emer.), 10/30/92, 8/1/93, 2/1/94, 9/1/94, 1/1/95, 8/1/95, 2/1/96, 7/1/96, 4/1/97 (Emer.), 6/6/97, 2/1/98, 9/28/98, 6/1/01 (Emer.), 8/27/01, 12/1/04, 7/17/05, 10/1/08 (Emer.), 12/18/08, 10/1/10

5101:4-4-07 Food assistance: special resource situations.

(A) How are jointly owned resources counted?

(1) Resources owned jointly by separate assistance groups shall be considered available in their entirety to each assistance group, unless the assistance group can demonstrate that the resources are inaccessible to the applicant assistance group. If the assistance group can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the assistance group's resource level. The resource shall be considered totally inaccessible to the assistance group if the resources cannot be practically subdivided and the assistance group's access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply.

(2) For purposes of this provision, ineligible aliens or disqualified individuals residing with the assistance group shall be considered assistance group members; non assistance group members shall be considered separate from other assistance group members.

(3) Resources shall be considered inaccessible to persons residing in shelters for battered women and children if the resources are jointly owned by such persons and by members of their former assistance group and the shelter resident's access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former assistance group.

(B) How are nonrecurring lump-sum payments treated?

(1) A nonrecurring lump-sum payment, money received at one time that is not expected to reoccur, or payments which are not related to any time period such as death benefits or inheritance, shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(2) Upon obtaining information that an assistance group has received a nonrecurring lump-sum payment, the county agency shall review the case file in order to determine if the amount received in addition to the amount of resources listed on the application will exceed the resource limit for the particular assistance group. If the amount does not exceed the limitation, the case file is noted to document the information received. No further action is required unless the assistance group must be notified in accordance with the procedures for a reported change. If the total amount exceeds the allowable resource limitation, the assistance group must be notified and given an opportunity to update its entire resource statement. If it declines to do so or the amount of resources still exceeds the limit, the county agency shall take action to terminate the assistance group's food assistance benefits.

Replaces: 5101:4-4-07

Effective: 09/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 2/12/82, 7/1/82, 9/27/82, 6/1/83, 2/1/84 (Temp.), 3/2/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 10/1/88 (Emer.), 11/18/88, 1/5/90 (Emer.), 3/22/90, 2/17/91, 5/1/91 (Emer.), 6/1/91, 12/1/91, 7/1/92, 9/1/94, 10/1/95 (Emer.), 12/15/95, 2/1/96 (Emer.) 3/14/96, 7/1/96, 10/1/96 (Emer.), 12/5/96, 4/1/97 (Emer.), 6/6/97, 9/28/98, 3/1/01 (Emer.), 5/31/01, 10/11/02 (Emer.), 12/26/02, 6/1/03 (Emer.), 6/16/03, 6/12/08

5101:4-4-09 Food assistance: transfer of resources.

(A) When does the county agency ask the assistance group about resources?

This rule applies to assistance groups with a member who:

(1) Is disqualified for an intentional program violation in accordance with division 5101:6 of the Administrative Code; or

(2) A member of the assistance group is ineligible because of a failure to comply with an employment and training requirement of rules 5101:4-3-11.1 and 5101:4-3-19 of the Administrative Code and the requirements of rule 5101:4-3-09 of the Administrative Code.

If one of the above circumstances exist, the county agency shall ask the assistance group to provide information regarding resources any assistance group member (or ineligible alien or disqualified person whose resources are being considered available to the assistance group) has transferred within the three-month period immediately preceding the date of application or recertification. The county agency must determine if the transfer of resources was appropriate. If it is determined it was an inappropriate transfer of resources, the assistance group may be disqualified for food assistance.

(B) How does the county agency determine an inappropriate transfer?

(1) Assistance groups that have transferred resources for the purpose of qualifying or attempting to qualify for food assistance benefits shall be disqualified from participation in the program for up to one year from the date of the discovery of the transfer.

(2) The appropriate disqualification period, as set forth in paragraph (D) of this rule, shall be applied if the resources are transferred knowingly in the three-month period prior to application or if they are transferred knowingly after the assistance group is determined eligible for benefits. Example: assets the assistance group acquires after being certified for benefits that are transferred to prevent the assistance group from exceeding the maximum resource limit.

(C) When is a resource transferred and considered an appropriate transfer?

(1) Resources consisting of excluded personal property such as furniture or money that, when added to other nonexempt assistance group resources, totaled less than the allowable resource limit at the time of the transfer;

(2) Resources sold or traded at or near fair market value;

(3) Resources that are transferred between members of the same assistance group (including ineligible aliens or disqualified persons whose resources are being considered available to the assistance group); and

(4) Resources that are transferred for reasons other than qualifying or attempting to qualify for food assistance benefits. Example: a parent placing funds into an educational trust fund for a dependent child.

(D) How is the disqualification period determined?

To calculate the total resources for the assistance group, start with the amount of the nonexempt transferred resources added to the other countable resources. The amount that exceeds the resource limit is the amount used to determine the length of the disqualification period:

(1) $ 0.01 - $ 249.99 disqualified for one month;

(2) $ 250.00 - $ 999.99 disqualified for three months;

(3) $ 1000.00 - $ 2999.99 disqualified for six months;

(4) $ 3000.00 - $ 4999.00 disqualified for nine months; and

(5) $ 5000.00 and up disqualified for twelve months.

(E) How is the assistance group notified of the disqualification?

(1) After the county agency has explored, verified and determined that the assistance group has knowingly transferred resources for the purpose of qualifying or attempting to qualify for food assistance benefits during the application processing period, the county agency shall send the assistance group a notice of denial explaining the reason for and the length of the disqualification. The period of disqualification shall begin in the month of application.

(2) If the assistance group has been participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be sent. The period of disqualification shall be sent effective with the first allotment issued after the adverse notice period has expired, unless the assistance group requested a fair hearing and continued benefits.

Replaces: 5101:4-4-09

Effective: 10/01/2011
R.C. 119.032 review dates: 09/01/2016
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 9/27/82, 4/10/87 (Emer.), 6/22/87, 9/1/94, 9/28/98, 10/1/02 (Emer.), 12/5/02, 7/1/06

5101:4-4-11 Food assistance: income standards.

(A) The income eligibility standards for the contiguous forty-eight states and the District of Columbia will be issued through a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website. They are adjusted annually on October first.

(B) "Assistance group income" shall mean all income from whatever source excluding only the items specified in rule 5101:4-4-13 of the Administrative Code. The income considered is that received over the proposed certification period.

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Effective: 03/01/2010
R.C. 119.032 review dates: 11/20/2009 and 03/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/31/84 (Emer.) 3/13/85 (Emer.), 5/12/85, 7/1/85 (Emer.), 9/29/85, 7/1/86 (Emer.), 8/1/86, 8/1/87, 8/20/87, 9/1/88 (Emer.) 11/28/88, 10/1/89 (Emer.), 12/21/89, 10/1/90 (Emer.), 11/8/90, 10/1/91 (Emer.), 12/20/91, 10/2/92 (Emer.), 12/14/92, 10/1/93 (Emer.), 11/15/93, 10/1/94 (Emer.), 11/12/94, 10/1/95 (Emer.), 12/15/95, 10/1/96 (Emer.), 12/5/96, 10/1/97 (Emer.), 11/20/97, 10/1/ 98 (Emer.), 12/31/98, 10/1/99 (Emer), 12/16/99, 10/1/00 (Emer.), 12/10/00, 10/01/01 (Emer.), 12/13/01, 10/1/02 (Emer.), 11/11/02, 10/01/03 (Emer.), 10/1/04 (Emer.), 12/6/04, 10/01/05 (Emer.), 12/22/05, 10/01/06 (Emer), 11/23/06, 10/01/07 (Emer), 10/29/07, 10/1/08 (Emer.)12/18/08

5101:4-4-13 Food assistance: types of excluded income.

In the Food and Nutrition Act of 2008 congress specified the types of income that are excluded for program purposes. The following payments shall be excluded as income:

(A) Any gain or benefit that is not in the form of money payable directly to the assistance group including in-kind benefits. In-kind benefits are those for which no monetary payment is made on behalf of the assistance group and include meals, clothing, public housing, or produce from a garden.

(B) Payments made to a third party on behalf of the assistance group are included or excluded as income as follows:

(1) Public assistance, including disability financial assistance (DFA), vendor payments are counted as income unless they are made for medical assistance, child care assistance, energy assistance as defined in paragraph (I)(4) of this rule, emergency assistance (including, but not limited to housing and transportation payments) for migrant or seasonal farm worker assistance groups while they are in the job stream, or housing assistance payments made through a state or local housing authority.

(2) Public assistance provided to a third party on behalf of an assistance group that is not specifically excluded from consideration as income under paragraph (B)(1) of this rule shall be considered for exclusion under the emergency and special assistance category. To be considered emergency or special assistance and excluded, the assistance must be provided over and above the normal public assistance payment or cannot normally be provided as part of such payment.

(3) Reimbursements made in the form of vendor payments, monetary payments made on behalf of an assistance group by a person or organization outside of the assistance group directly to either the assistance group's creditors or to a person or organization providing a service to the assistance group, are excluded on the same basis as reimbursements paid directly to the assistance group in accordance with paragraph (E) of this rule.

(4) In-kind or vendor payments that would normally be excluded as income but are converted in whole or in part to a direct cash payment under a federally authorized demonstration project or waiver shall be excluded from income.

(5) Rent or mortgage payments made to landlords or mortgagees by the department of housing and urban development (HUD) are excluded.

(6) Monies that are legally obligated and otherwise payable to the assistance group, but which are diverted by the provider of the payment to a third party for a household expense, shall be counted as income and not excluded. If a person or organization makes a payment to a third party on behalf of an assistance group using funds that are not owed to the assistance group, the payment shall be excluded from income.

(C) The county agency shall exclude any income that is specifically excluded by any other federal statute from consideration as income for the purpose of determining eligibility for the food assistance program. The following is a listing of some of the incomes excluded by federal statute. The listing is divided into general income exclusions and exclusions applicable to incomes of American Indians or Alaska Natives.

(1) General exclusions

(a) Income of a supplemental security income (SSI) recipient determined necessary for the fulfillment of a plan for achieving self-support (PASS) which has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act of 1935. This income may be spent in accordance with an approved PASS or deposited into a PASS savings account for future use.

(b) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988 by Pub. L. No. 100-707, (11/1988).

(c) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program (CACFP), Pub. L. No. 79-396, (06/1946), section 12(e) of the National School Lunch Act of 1946, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975).

(d) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966), the Child Nutrition Act of 1966, section 11(b).

(e) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, section 216 (02/1971).

(f) Pub. L. No. 93-113, (10/1973), the Domestic Volunteer Services Act of 1973, Titles I and II. Payments under Title I of the act (including such Title I programs as volunteers in service to americorps (VISTA), university year for action, and urban crime prevention program) to volunteers shall be excluded for those individuals receiving food assistance or public assistance at the time they joined the Title I program, except that assistance groups which were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food and Nutrition Act shall continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.

Temporary interruptions in food assistance participation shall not alter the exclusion once an initial determination has been made. New applicants who were not receiving public assistance or food assistance at the time they joined VISTA shall have these volunteer payments included as earned income. Any payment to volunteers under Title II (retired senior volunteer program, foster grandparents, senior companion program and others) are excluded from income.

(g) Payments received under section 312(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (05/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as income for food assistance purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, which the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance for which the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.

(h) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their Survivors and Aleut Residents of the Pribilof Islands and the Aleutian Islands West of Unimak Island, Pub. L. No. 100-383, (08/1988), section 105(f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(i) Income received (including reimbursements) by individuals participating in programs under the Workforce Investment Act (WIA) of 1998, section 181 (a)(2), except as provided in rule 5101:4-4-19 of the Administrative Code. This includes disaster relief employment income received from national emergency grants under the WIA, Pub. L. No. 105-220, (08/1998) section 181(a)(2).

(j) Any amount by which the basic pay of an individual is reduced and reverted to the treasury shall not be considered to have been received by or to be within the control of such individual, Pub. L. No. 99-576, (08/1986) section 303(a)(1), Veteran's Benefits Improvement and Health Care Authorization Act of 1986, which amends section 1411(b) and 1412(c) of the Veteran's Educational Act of 1984 - GI bill.

(k) Funds received by persons fifty-five and older under the senior community service employment program under Title V of the Older Americans Act of 1987 are excluded from income, Pub. L. No. 109-365, (10/2006). The organizations that receive some Title V funds are as follows: experience works; national council on aging; national council of senior citizens; American association of retired persons; United States forest service; national association for Spanish speaking elderly; national urban league; and the national council on black aging.

(l) Cash donations based on need received on or after February 1, 1988 from one or more private nonprofit charitable organizations, but not to exceed three hundred dollars in a federal fiscal year quarter. Charitable Assistance and Food Bank Act of 1987, Pub. L. No. 100-232, (01/1988).

(m) Food assistance benefits that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (09/1988) section 501, which amended section 17(m)(7) of the Child Nutrition Act of 1966.

(n) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)(01/1989) which are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by aetna insurance company. The Omnibus Budget Reconciliation Act of 1989, Pub. L. No. 101-239, (12/1989), also excludes these payments. Pub. L. No. 102-4, (02/1991), Agent Orange Act of 1991, authorized veterans' benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law.

(o) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2), as amended by Pub. L. No. 106-245 (07/2000).

(p) The Omnibus Budget Reconciliation Act of 1990, Title XI revenue provisions, section 11111, modifications of earned income tax credit, subsection (b) provides that any federal earned income tax credit shall not be treated as income effective with taxable years beginning after December 31, 1990, Pub. L. No. 101-508, (11/1990).

(q) Pub. L. No. 101-610, (11/1990), National and Community Service Act (NCSA) of 1990, section 177(d), applies to projects conducted under Title I of the NCSA. Title I includes three acts:

(i) Serve-America: the Community Service, Schools and Service-Learning Act of 1990,

(ii) the American Conservation and Youth Service Corps Act of 1990, and

(iii) the National and Community Service Act.

There are about forty-seven different NCSA programs, and they vary by state. Most of the payments are made as a weekly stipend or for educational assistance. The higher education service-learning program and the americorps umbrella program come under this title. The national civilian community corps (NCCC) is a federally managed americorps program. The summer for safety program is an americorps program under which participants earn a stipend and a one thousand-dollar postservice educational award. The Serve America Act, Pub. L. No. 111-13, (04/2009), amended the National and Community Services Act of 1990 but it did not change the exclusion. All americorps payments shall be excluded.

(r) All student financial assistance, including grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veterans' educational benefits, and the like, which are awarded to an assistance group member enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, in a vocational or technical school, or in a program that provides for obtaining a secondary school diploma or the equivalent of a secondary school diploma shall be excluded from consideration as income for food assistance purposes.

Educational income excluded for dependent care costs shall not be deducted from income under the provisions of rule 5101:4-4-23 of the Administrative Code. Dependent care costs incurred which exceed the amount excluded under the provisions of this paragraph shall be deducted from income in accordance with rule 5101:4-4-23 of the Administrative Code.

(s) Payments made under the youthbuild program under the Housing and Community Development Act of 1992, Pub. L. No. 102-550, (10/1992).

The youthbuild program transferred from the United States department of housing and urban development to the department of labor with the passage of the Youthbuild Transfer Act of 2006, Pub. L. No. 109-281, (09/2006), which amended the Workforce Investment Act (WIA) of 1998. These payments are to be treated like WIA payments in accordance with paragraph (C)(1)(i) of this rule, except as provided in rule 5101:4-4-19 of the Administrative Code.

(t) Payments from any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care), Pub. L. No. 102-586, (11/1992) section 8, which amended the Child Care and Development Block Grant Act Amendments of 1992 by adding section 658S.

(u) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (08/1994).

(v) Pub. L. No. 103-322, (09/1994) section 230202, amended section 1403 of the Crime Act of 1984 ( 42 U.S.C. 10602 ) to provide in part that, "(e) Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (i) such crime victim compensation program shall not pay that compensation; and (ii) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program must be excluded from income for food assistance purposes.

(w) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (09/1996) section 1805(d), as amended by Pub. L. No. 106-419, (11/2000), to a child of a Vietnam veteran for any disability resulting from spina bifida and certain other birth defects suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(x) Additional pay received by military personnel as a result of deployment to a combat zone (under the Consolidated Appropriations Bill, 2008, Pub. L. No. 110-161, (12/2007). The additional combat pay shall be determined as follows:

(i) Establish what amount for food assistance purposes of the military person's pay that was actually available to the assistance group prior to the deployment of the military person to a designated combat zone.

(a) If the military person was part of the assistance group for food assistance purposes prior to the deployment, this amount would be his or her net military pay.

(b) If the military person was not part of the assistance group for food assistance purposes prior to the military person's deployment to a designated combat zone, this amount is the amount the absent military person actually made available to the assistance group prior to deployment to the designated combat zone.

(ii) Determine the amount of military pay that the absent member deployed in a designated combat zone is making available to his or her family.

(iii) If the amount of military pay that the absent member deployed in a designated combat zone is making available is equal to or less than the amount the assistance group was receiving from the military person prior to deployment to a designated combat zone, all of the military pay would be counted as income to the assistance group for food assistance purposes. Any portion of the amount that exceeds the amount the assistance group was receiving prior to deployment of the military person to a designated combat zone shall be excluded when determining the assistance group's income for food assistance purposes.

(y) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(z) Filipino veterans equity compensation funds payments under the American Recovery and Reinvestment Act of 2009 (02/2009, Pub. L. No. 111-5 ) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(aa) Any aid, services, or incentives provided to an eligible beneficiary participating in programs funded by the health profession opportunity grants (HPOG) under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, (03/2010).

(2) Payments made to American Indians or Alaska Natives that are excluded by law. A list of funds provided to American Indians or Alaska Natives that are excluded by law can be found at:

http://www.fns.usda.gov/fdd/programs/fdpir/Excluded_Native_American_Funds_2011.pdf

(D) All loans, including loans from private individuals as well as commercial institutions, are excluded as income. Educational loans on which repayment is deferred shall be excluded pursuant to the provisions in paragraph (C)(1)(r) of this rule.

(E) Reimbursements for past or future expenses are excluded to the extent they do not exceed actual expenses and do not represent a gain or benefit to the assistance group. No portion of benefits provided under Title IV-A of the Social Security Act of 1935, to the extent such benefits are attributed to adjustment for work-related or child care expenses shall be considered excludable under this paragraph.

(1) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. Reimbursements for normal living expenses of the assistance group, such as rent or mortgage, personal clothing, or food eaten at home, are a gain or benefit and therefore are not excluded. To be excluded, these payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.

(2) The amount by which a reimbursement exceeds the actual incurred expense shall be counted as income. However, reimbursements shall not be considered to exceed the actual expenses, unless the provider or the assistance group indicates the amount is excessive.

(F) Monies received and used for the care and maintenance of a third-party beneficiary who is not an assistance group member. If the intended beneficiaries of a single payment are both assistance group and non-assistance group members, any identifiable portion of the payment intended and used for the care and maintenance of the non-assistance group member shall be excluded. If the non-assistance group member's portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries and the exclusion applied to the non-assistance group member's pro rata share or the amount actually used for the non-assistance group member's care and maintenance, whichever is less.

(G) The earned income of any assistance group members who live with a natural, adoptive, or stepparent, or under the parental control of an assistance group member other than a parent, who are elementary or secondary school students, and who are seventeen years of age or younger. For purposes of this provision, an "elementary or secondary school student" is someone who attends classes to obtain a general equivalency diploma (GED) that are recognized, operated, or supervised by the student's state or local school district. The provision also applies to a student who attends elementary or secondary classes through a home-school program recognized or supervised by the student's state or local school district. This income is excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break. If the child's earnings or the amount of work performed cannot be differentiated from that of other assistance group members, the total earnings shall be prorated equally among the working members and the child's pro rata share excluded. Individuals are considered children for this exclusion if they are under the parental control of another assistance group member. If an assistance group contains a student whose income is excluded and the student turns eighteen during the month of application, the student's earnings shall be excluded in the month of application and counted in the following month(s). If the student turns eighteen during the certification period, the student's income shall be excluded until the month following the month in which the student turns eighteen.

(H) Money received in the form of a nonrecurring lump-sum payment, including, but not limited to, income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, public assistance, railroad retirement pension, the learning, earning and parenting (LEAP) program enrollment bonus payment, or other payment; retroactive lump-sum insurance settlements; refunds of security deposits on rental property or utilities; medical loss ratio rebates afforded under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (03/2010); or prevention, retention and contingency (PRC) payments made to divert an assistance group from becoming dependent on cash assistance if the payment is not defined as assistance. Temporary assistance for needy families (TANF) non-recurrent, short term benefits are defined in 45 CFR 260.31(b)(1) (revised October 1, 2001). These payments shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(I) Miscellaneous income exclusions.

(1) Irregular income Any income in the certification period that is acquired too infrequently or irregularly to be reasonably anticipated, but not in excess of thirty dollars in a quarter.

(2) Costs of self-employment

The cost of producing self-employment income. See rule 5101:4-6-11 of the Administrative Code for the procedures on computing the cost of producing self-employment income.

(3) Income from ineligible assistance group members

The prorated share of earned or unearned income of an ineligible assistance group member in accordance with rule 5101:4-6-13 of the Administrative Code.

(4) Energy assistance, as follows:

(a) Any payments or allowances made for the purpose of providing energy assistance under any federal law other than part A of Title IV of the Social Security Act of 1935 ( 42 U.S.C. 601 ), including utility reimbursements made by HUD and the rural housing service, or

(b) A one-time payment or allowance applied for on an as-needed basis and made under a federal or state law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device. A down payment followed by a final payment upon completion of the work will be considered a one-time payment for purposes of this provision.

(5) Blood and blood plasma sales

Any income which is acquired from the sale of blood or blood plasma.

(6) Garage sales

Any income which is acquired from garage sales.

(7) Interest income

Any interest income from savings or other financial accounts.

(8) Bingo winnings

Any income from bingo winnings.

(J) Certain payments from the child and adult care food program

That portion of payments from the child and adult care food program to assistance groups providing child care services intended for the provider's own children's meals. See paragraph (B)(2) of rule 5101:4-4-19 of the Administrative Code for treatment of that portion of child and adult care food program payments intended for providing services to children other than the provider's own.

(K) Payments which are not considered income.

(1) Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source which are voluntarily or involuntarily returned to repay a prior overpayment received from the income source, provided that the overpayment is not otherwise excluded. However, monies withheld from assistance from a federal, state, or local means-tested program (for example, Ohio works first (OWF) or DFA) due to the assistance group's failure to perform an action required under these programs, shall be included as income in accordance with rule 5101:4-6-16 of the Administrative Code.

(2) Child support payments received by OWF recipients which must be transferred to the agency administering Title IV-D of the Social Security Act of 1935 to maintain OWF eligibility.

(3) Governmental or court-ordered foster care payments received by assistance groups with foster care individuals who are considered to be boarders.

Replaces: 5101:4-4-13

Effective: 09/01/2013
R.C. 119.032 review dates: 06/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 1/1/81, 6/18/81, 10/1/81, 2/12/82, 9/27/82, 6/17/83, 7/1/83 (Temp.), 8/19/83, (Temp.), 9/24/83, 11/1/83 (Temp.), 12/22/83, 12/25/83 (Temp.), 2/1/84 (Temp.), 2/16/84, (Temp.), 4/1/84, 8/1/84, (Emer.), 10/20/84, 12/31/84 (Emer.), 2/22/85 (Emer.), 4/1/85, 5/3/85 (Emer.), 5/2/85, 8/1/85, 8/16/85, (Emer.), 9/23/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 5/1/86, 8/1/86 (Emer.), 8/20/86 (Emer.), 10/1/86, (Emer.), 11/15/86, 4/10/87 (Emer.), 6/22/87, 7/1/87, (Emer.), 8/1/87 (Emer.), 9/1/87 (Emer.), 10/25/87, 10/29/87 (Emer.), 11/28/87, 1/22/88, 3/24/88 (Emer.), 6/18/88, 7/20/88 (Emer.), 10/16/88, 7/11/89 (Emer.), 9/17/89, 10/1/89 (Emer.), 12/21/89, 5/25/90, 10/1/90, 2/17/91, 5/1/91 (Emer.), 6/1/91, 10/1/91, 2/3/92, 8/1/92 (Emer.), 10/30/92, 8/1/93, 2/1/94, 9/1/94, 1/1/95, 8/1/95, 8/1/95 (Emer.), 10/13/95, 2/1/96, 9/22/96 (Emer.), 11/22/96, 12/21/96, 4/1/97 (Emer.), 6/6/97, 9/1/97, 2/1/98 (Emer.), 2/23/98, 9/28/98, 7/15/99, 10/1/99 (Emer.), 12/16/99, 6/1/01, 12/5/02, 6/1/03 (Emer.), 6/16/03, 7/17/05, 6/12/08, 10/1/08 (Emer.), 12/18/08, 9/1/10

5101:4-4-19 Food assistance: countable income.

(A) What is countable income?

Countable income is earned income minus the twenty per cent earned income deduction as set forth in rule 5101:4-4-23 of the Administrative Code plus any unearned income. Types of excluded income are listed in rule 5101:4-4-13 of the Administrative Code.

(B) What is earned income?

Earned income includes:

(1) All wages and salaries of an employee including:

(a) Garnished or diverted payments from wages; and

(b) The gross amount of sick pay, without any deductions for taxes and other work expenses, when the payee is a current employee of the payer.

(2) Self-employment income:

(a) Gross income from a self-employment enterprise.

(b) Income from the sale of any capital goods or equipment related to the business. Any business expense paid from this income would be deducted from this income.

(c) Income from rental property minus the cost of doing business if a member of the assistance group is actively engaged in management of the property for at least an average of twenty hours per week.

(d) Payments from a roomer or boarder, except a foster care boarder.

(e) Payments for daycare or from the child and adult care food program to assistance groups providing child care services minus the cost of meals provided to individuals. The county agency may elect one of the following methods of determining the cost of meals provided to the individuals:

(i) Actual documented costs of meals;

(ii) Fifty per cent of the gross earnings from day care; or

(iii) The current reimbursement amount used in the child and adult care food program.

(f) The portion of the child and adult care food program payments intended for the provider's own children is exempt as income.

(3) Training allowances

(a) Training allowances from vocational and rehabilitative programs sponsored by federal, state, or local governments. Countable earned income does not include an allowance to reimburse an assistance group member for money already spent and does not represent a gain to the assistance group member. Work allowances are not considered reimbursements and are countable income.

(b) Training allowances under the Workforce Investment Act (WIA) of 1998, other than earnings specified in paragraph (B)(5) of this rule, are excluded from consideration as income.

(4) Americorps volunteers in service to America (VISTA) income

Payments under Title I (VISTA, university year for action, etc.) of the Domestic Volunteer Service Act of 1973 PL 93-113 as amended, shall be considered earned income and subject to the earned income deduction unless the individual was receiving food assistance or public assistance at the time they joined the Title I program as set forth in paragraph (D)(1)(f) of rule 5101:4-4-13 of the Administrative Code.

(5) On the-job-training under WIA

Earnings to individuals who are participating in on-the-job training programs under Title I section 204(b)(1)(C) or section 264(c)(1)(A) of WIA of 1998. Countable income does not include on-the-job training earnings to assistance group members under nineteen years of age who are under the parental control of another adult member, regardless of school attendance and/or enrollment.

(C) What is unearned income?

Unearned income includes:

(1) Basic assistance payments from federal or federally-aided public assistance programs which are needs-based:

(a) Disability financial assistance (DFA);

(b) Ohio works first (OWF). This includes income such as the attendance bonus payment for teenage parents who return to or remain in school under the learning, earning and parenting (LEAP) program; and

(c) Supplemental security income (SSI).

(2) Annuities, pensions, retirement, veterans' or disability benefits (all before taxes), workers' or unemployment compensation, retirement, survivors and disability insurance (RSDI) (before medicare deductions), strike benefits, foster care payments for children or adults who are considered members of the assistance group.

(3) Support and alimony payments made directly to the assistance group from non-assistance group members.

(4) Payments from government sponsored programs, dividends, royalties, and all other direct money payments from any source which can be defined as a gain or benefit, including certain vendor payments.

(5) The unearned income or the earned income of an ineligible individual excluded from the assistance group as provided in rule 5101:4-6-13 of the Administrative Code.

(6) Gross income from rental property minus the cost of doing business if an assistance group member is not actively engaged in management of the property at least twenty hours a week.

(7) Any payment made directly to the assistance group shall be counted as income except for energy assistance payments specified in rule 5101:4-4-13 of the Administrative Code. If the payment is not made on a monthly basis, the county agency shall prorate it over the period it is intended to cover.

(8) Sick pay when the payee is not a current employee of the payer, such as from insurance. The gross amount, without any deductions for taxes and any other work expenses.

(D) When an assistance group contains a sponsored alien, the income of the sponsor and the sponsor's spouse must be deemed in accordance with procedures established in rule 5101:4-6-31 of the Administrative Code.

(E) After establishing an assistance group's countable income allowable deductions must be considered pursuant to rule 5101:4-4-23 of the Administrative Code.

Effective: 12/01/2011
R.C. 119.032 review dates: 08/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: /2/80, 12/1/80, 1/1/81, 6/18/81, 10/1/81, 9/27/82, 6/1/83, 7/1/83 (Temp.), 8/19/83, 12/25/83 (Temp.), 3/1/84, 3/1/84 (Temp.), 6/1/84, 12/31/84 (Emer.), 4/1/85, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 5/1/86 (Emer.), 8/1/86 (Emer.), 10/1/86, 4/10/87 (Emer.), 6/22/87, 8/1/87 (Emer.), 9/15/87 (Emer.), 10/25/87, 3/24/88 (Emer.), 6/18/88, 7/20/88 (Emer.), 10/16/88, 10/1/89 (Emer.), 12/21/89, 10/1/90, 2/3/92, 8/1/92 (Emer.), 10/30/92, 9/1/94, 1/1/95, 8/1/95 (Emer.), 10/13/95, 2/1/96, 5/1/96, 7/1/96 (Emer.), 8/1/96, 8/25/96, 4/1/97 (Emer.), 6/6/97, 2/1/98, 7/1/98 (Emer.), 9/28/98, 7/15/99, 6/1/01 (Emer.), 8/27/01, 6/1/03 (Emer.), 6/16/03, 6/12/08, 8/01/10

5101:4-4-23 Food assistance: deductions from income.

A deduction is considered in the month the expense is billed or otherwise becomes due. However, in the case of reimbursable medical expenses, a deduction can only be considered within thirty days of receiving the verification of the amount of reimbursement. The preceding applies regardless of when the assistance group intends to pay the expense. Deductions from income shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

Deductions for each assistance group are allowed only for the following:

(A) Gross earned income deduction: twenty per cent deduction of gross earned income. No additional deductions (i.e., taxes, pensions, union dues, and the like) except for costs of self-employment, are allowed from earned income. Excluded earned income is not subject to this deduction. The earned income of a disqualified member is subject to this deduction.

(B) Standard deduction: each assistance group regardless of its income receives the corresponding standard deduction for the assistance group size. In accordance with 7 C.F.R 273.9 (in effect on 1/01/2014), the United States department of agriculture (USDA) food nutrition service (FNS) determines the amount of the standard deduction based on the federal poverty guidelines and indexing of the cost of living increase for each federal fiscal year. The Ohio department of job and family services (ODJFS) provides this figure to the county agencies on an annual basis via a food assistance change transmittal, which can be found in the food assistance certification handbook at the ODJFS website.

(C) Excess medical deduction: that portion of medical expenses which is nonreimbursable, over thirty-five dollars per month, excluding special diets, incurred by any assistance group member who is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(1) Who is eligible for this deduction?

(a) Spouses or other persons receiving benefits as a dependent of the supplemental security income (SSI) or disability recipient are not eligible to receive the deduction.

(b) Persons receiving emergency SSI benefits based on presumptive eligibility are eligible for this deduction.

(c) An assistance group with potential categorical eligibility that contains an SSI applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits shall receive restored benefits using the excess medical deduction from the beginning of the period for which SSI benefits are paid, or the original food assistance application date, whichever is later, if the assistance group incurs such expenses.

(2) Allowable medical costs are limited to the following:

(a) Medical and dental care, including psychotherapy and rehabilitation services, provided by a licensed practitioner authorized by the state or another qualified health professional.

(b) Hospitalization or outpatient treatment, nursing care, and nursing home care. Also included are payments by the assistance group for an individual who was an assistance group member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state.

(c) Prescription drugs when prescribed by a licensed practitioner and other over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional. In addition, costs of medical supplies, incontinence products, sick-room equipment (including rental) or other prescribed equipment or supplies are deductible.

(d) Health and hospitalization insurance policy premiums. The costs of health and accident policies such as those payable in lump-sum settlements for death or dismemberment, or income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled are not deductible.

(e) Medicare premiums and any cost-sharing or spend-down expenses incurred by medicaid recipients , as described in 7 C.F.R. 273.9 .

(f) Dentures, hearing aids, and prosthetics.

(g) Securing and maintaining a seeing eye or hearing dog including the cost of dog food and veterinarian bills.

(h) Eyeglasses prescribed by a physician skilled in eye disease or by an optometrist.

(i) Monthly telephone fees for amplifiers and warning signals for handicapped persons, and costs of telephone typewriter equipment for the deaf.

(j) Reasonable costs of transportation and lodging to obtain medical treatment or services. "Reasonable costs for transportation" shall be defined as the current federal or state mileage reimbursement rate, whichever is higher, for private automobiles, or actual costs if other forms of transportation are used. Verification is required only when costs exceed the higher of the federal or state mileage reimbursement rate or the rate charged is for public transportation (e.g., local bus service).

(k) Maintaining an attendant homemaker, home health aide, child care services, or housekeeper, necessary due to age, infirmity, or illness. In addition, an amount equal to the one-person allotment shall be deducted as a medical expense if the assistance group furnishes the majority of the attendant's meals. The allotment for this meal-related deduction shall be that in effect at the time of initial certification. The county agency is only required to update the allotment amount at the next scheduled reapplication; however, the county agency may do so earlier. If an assistance group incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the county agency shall treat the cost as a medical expense.

(D) Child /dependent care deduction: payments for the actual verified costs for the care of a child or other dependent when necessary for an assistance group member to accept or continue employment, seek employment in compliance with the job search criteria (or an equivalent effort by those not subject to job search), or attend training or education in preparation for employment. A child care expense which is reimbursed or paid for by the Ohio works first program under Title IV-A of the Social Security Act, ( 42 U.S.C. 618 (2/2006)) shall not be deductible.

(E) Shelter costs: monthly shelter costs over fifty per cent of the assistance group's income after all other deductions contained in this rule have been allowed. If the assistance group does not contain an elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code, the shelter deduction cannot exceed the maximum shelter deduction provided. These assistance groups shall receive an excess shelter deduction for the entire monthly cost that exceeds fifty per cent of the assistance group income after all other deductions contained in this rule have been allowed. An assistance group with potential categorical eligibility that contains an SSI applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits shall receive restored benefits using the excess shelter deduction from the beginning of the period for which SSI benefits are paid or the original food assistance application date, whichever is later, if the assistance group incurs such expenses. The maximum shelter cost deduction shall be adjusted each fiscal year and the county agencies will be informed of the amount through the issuance of a food assistance change transmittal, which can be found in the food assistance certification handbook at the ODJFS website. Shelter costs shall include only the following:

(1) An assistance group that receives the homeless shelter deduction under paragraph (H) of this rule shall not have its shelter expense considered under paragraphs (E) and (F) of this rule.

(2) Continuing charges for the shelter occupied by the assistance group, including rent, first and second mortgages, condo and association fees, or other continuing charges leading to the ownership of shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments. Examples of shelter costs homeless assistance groups may incur are fees for staying at shelters for the homeless, fees for renting a motel room for a number of days or hours each month, etc. If a homeless assistance group is living in its car, the car payment can qualify as a shelter cost.

(3) Property taxes, state and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings. If an assistance group is living in a car, only that portion of the car insurance premium which covers the car itself may be allowed. License plate fees on a motor home or car that represents an assistance group's residence are not assessments and they are not allowable.

(4) One of the utility allowances listed under paragraph (F) of this rule if applicable. To receive a utility allowance there must be an incurred utility expense. Only separate identifiable utility costs are allowable.

(5) Charges for the repair of the home itself which was substantially damaged or destroyed due to a natural disaster such as a fire or flood. Costs for replacement or repair of normal home furnishings (e.g., bed, refrigerator, stove) or personal belongings (e.g., clothes, jewelry, linen) are not covered by this rule. Shelter costs shall not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source.

(6) The shelter costs for the home if temporarily unoccupied by the assistance group because of employment or training away from home, illness, or abandonment of the home due to natural disaster or casualty loss. For the costs of a vacated home to be included in shelter costs, the assistance group must intend to return to the home; the current occupants of the home, if any, must not be claiming the shelter costs for food assistance purposes; and the home must not be leased or rented in the assistance group's absence. The county agency is not required to assist assistance groups in obtaining verification of this expense if verification would have to be obtained from a source outside of the project area. assistance groups must provide verification of actual utility costs for unoccupied homes if the costs would result in a deduction. An assistance group that has both an occupied home and an unoccupied home is only entitled to one standard utility allowance.

(F) Utility allowance: utility allowances are established by ODJFS and are reviewed and updated annually. The amounts are updated in the statewide automated eligibility system and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, which can be found in the food assistance certification handbook at the ODJFS website. The utility allowances include the costs of heating fuel, electricity, water, sewer, trash collection, and telephone service. A "cooling cost" is a verifiable utility expense relating to the operation of air conditioning systems or room air conditioners. This does not include costs relating to the operation of fans.

Types of utility allowances and who is entitled to them:

Each assistance group charged for a utility expense is entitled a utility allowance. assistance groups that are not directly billed by a utility company but are billed separately when costs are shared or are owed to a landlord are entitled to a utility allowance. County agencies shall not prorate utility allowances.

(1) Standard utility allowance: deduction for the households that incur heating and or cooling costs. The standard utility allowance includes the costs of heating fuel, electricity, cooling costs, water, sewer, trash collection and telephone service.

Assistance groups entitled to the use of the standard utility allowance include:

(a) Assistance groups that are not considered homeless that incur heating and/or cooling expenses separately from their rent or mortgage are entitled to the standard utility allowance.

(b) Assistance groups that incur verified heating costs during the heating season continue to qualify for the standard utility allowance throughout the year, regardless of whether they also incur cooling costs, and vice versa.

(c) Assistance groups in private rental housing that are billed by their landlords on the basis of individual usage or that are charged a flat rate based on their individual usage for heating or cooling expenses separately from their rent are entitled to the standard utility allowance.

(d) Assistance groups that received more than twenty dollars of direct or indirect assistance in the past twelve months under the Low Income Home Energy Assistance Act of 1981 (LIHEAA), 42 U.S.C. 94 (01/2012) such as the home energy assistance program (HEAP) (which is excluded as income), are entitled to the standard utility allowance whether or not the assistance group incurs any out-of-pocket expenses.

(e) Assistance groups that receive direct or indirect energy assistance that is counted as income and that incur a heating or cooling expense are entitled to use the standard utility allowance.

(f) Assistance groups that receive direct or indirect assistance that is excluded from income consideration (other than that provided under the LIHEAA) such as utility reimbursements made by the department of housing and urban development (HUD) and/or the farmers home administration (FMHA) are entitled to use the standard utility allowance, only if the amount of their utility heating and/or cooling expenses exceeds the amount of the energy assistance or utility reimbursement provided.

(g) An assistance group that has both an occupied and an unoccupied home is only entitled to one standard utility allowance.

(h) Assistance groups living in public housing units that have central utility meters and are charged only for excess heating or cooling costs are entitled to the standard utility allowance, regardless if they are charged by the utility company or the landlord.

(i) Assistance groups that live with another individual, another assistance group or both and share costs covered under the definition of standard utility allowance (heating fuel, cooling cost, electricity, water, sewer, trash collection and telephone service) and at least one assistance group incurs a heating and or cooling cost; all assistance group are entitled to the full standard utility allowance.

(2) Limited utility allowance: deduction for the households that incur two or more utility expenses, none of which is a heating or cooling expense, but may include a telephone expense.

(3) Single standard utility allowance: deduction for households that incur one utility expense that is not a heating, cooling or telephone expense.

(4) Standard telephone allowance: deduction for households that only incur a telephone expense.

(G) Child support: a deduction is provided for legally obligated child support payments paid by an assistance group member to or for a nonhousehold member, including payments made to a third party on behalf of the nonhousehold member (vendor payments). The county agency shall allow a deduction for amounts paid toward arrearages. Alimony payments made to or for a nonhousehold member shall not be included in the child support deduction. County agencies shall budget child support payments prospectively regardless of the budgeting system used for the assistance group's other circumstances.

(H) Homeless shelter deduction: an assistance group that is considered to be homeless is eligible to have this deduction taken in the determination of its net income. To be eligible for this deduction, the homeless assistance group must incur shelter costs during the month. Homeless assistance groups must be given the choice of the homeless shelter deduction or actual shelter costs. A homeless assistance group receiving the homeless shelter deduction cannot have its shelter expenses considered under paragraphs (E) and (F) of this rule. The homeless shelter deduction is established by FNS and is set at one hundred forty-three dollars per month.

(I) Verification of deductions Nonreimbursable medical expenses of elderly or disabled members shall be verified at initial certification, reapplication, and whenever a change of more than twenty-five dollars is reported. Shelter and utility expenses, shelter and utility expenses for an unoccupied home, other shelter expenses, dependent care expenses, and legal obligation and actual child support payments shall be verified. Also, if other deductible expenses claimed will result in a deduction, the expenses must be verified. Information on the application is questionable if it is inconsistent with information elsewhere on the application or previous application, statements made by the applicant, information received by the county agency, or in the case of utility expenses, inconsistent with normal costs for the season.

(J) If a deductible expense must be verified and obtaining the verification may delay the assistance group's certification, the county agency shall advise the assistance group that the assistance group's eligibility and benefit level shall be determined without deducting the unverified expense. If the expense cannot be verified within thirty days of the date of application, the county agency shall determine the assistance group's eligibility and benefit level without deducting the unverified expense. If the assistance group subsequently provides the missing verification, the county agency redetermines the assistance group's benefits, and provides increased benefits, if any, in accordance with the timeliness standards for reported changes. The assistance group is entitled to the restoration of any benefits as a result of the disallowance of the expense only if the expense could not be verified within the thirty-day processing standard because the county agency failed to allow the assistance group sufficient time to verify the expense. If the assistance group would be ineligible unless the expense is allowed, the assistance group's application shall be handled as provided in rule 5101:4-5-07 of the Administrative Code.

Effective: 09/01/2014
R.C. 119.032 review dates: 04/30/2014 and 09/01/2019
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 6/1/81, 10/1/81, 1/22/82, 2/1/82, 5/1/82, 1/1/83, 5/20/83, 9/24/83 (Temp.), 11/11/83, 2/1/84 (Temp.), 4/1/84, 10/1/84 (Emer.), 11/17/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 5/1/86 (Emer.), 6/15/86 (Emer.), 8/1/86 (Emer.), 10/30/86, 4/10/87 (Emer.), 6/22/87, 8/1/87 (Emer.), 10/25/87, 10/29/87 (Emer.), 1/22/88, 9/1/88 (Emer.), 11/28/88, 10/1/89 (Emer.), 12/21/89, 1/5/90 (Emer.), 3/22/90, 10/1/90 (Emer.), 11/8/90, 7/1/91, 10/1/91 (Emer.), 12/20/91, 8/1/92 (Emer.), 10/1/92 (Emer.), 10/30/92, 10/1/93, 11/15/93, 7/1/94, 9/1/94 (Emer.), 10/1/94, 12/1/94 (Emer.), 1/1/95, 5/1/95, 10/1/95 (Emer.), 10/31/95, 12/15/95, 2/1/96 (Emer.), 3/14/96, 9/22/96 (Emer.), 10/1/96 (Emer.), 12/21/96, 1/1/97 (Emer.), 3/23/97, 4/1/97 (Emer.), 6/6/97, 10/1/97 (Emer.), 11/20/97, 3/1/98 (Emer.), 6/1/98, 10/1/98 (Emer.), 12/31/98, 10/1/99 (Emer.), 12/16/99, 10/1/00 (Emer.), 12/10/00, 3/1/01 (Emer.), 6/1/01 (Emer.), 10/01/01 (Emer.), 12/13/01, 10/01/02 (Emer.), 11/11/02, 10/01/03 (Emer.), 12/11/03, 10/01/04 (Emer.), 12/06/04, 10/01/05 (Emer.), 12/22/05, 10/01/06 (Emer.), 11/23/06, 10/01/07 (Emer), 10/29/07, 10/1/08 (Emer.), 12/18/08, 5/1/09, 7/1/13

5101:4-4-27 Food assistance: determining monthly food assistance benefits.

(A) How is a monthly benefit allotment determined?

The monthly food assistance benefit can be determined several ways. The benefit amount can be determined through the client registry information system-enhanced (CRIS-E), by using the basis of coupon/EBT issuance table, and by doing a manual budget. When calculating monthly benefits without using CRIS-E the county agency must use the maximum food assistance allotment table and may need to use the basis of coupon/EBT issuance table and the maximum net monthly income standards. All of these tables are issued annually through a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website.

(1) To determine an assistance group's monthly food assistance allotment using the basis of coupon/EBT issuance table:

(a) Calculate the assistance group's net monthly income according to rule 5101:4-4-31 of the Administrative Code.

(b) If the assistance group is categorically eligible according to rule 5101:4-2-02 of the Administrative Code and thus not subject to the net income standard, find the monthly allotment on the basis of coupon/ EBT issuance table using the net income of the assistance group and the appropriate assistance group size.

(c) If the assistance group is subject to the net income standard, compare the assistance group's net monthly income to the maximum net monthly income standard. If the assistance group's net income is greater than the net monthly income standard, the assistance group is ineligible. If the assistance group's net income is equal to or less than the net monthly income standard, the assistance group is eligible. Find the allotment amount on the basis of coupon/EBT issuance table using the net income of the assistance group and the appropriate assistance group size.

(d) Eligible assistance groups of one or two persons are eligible for a full monthly benefit of no less than the minimum benefit allotment.

(e) Assistance groups containing three or more members shall receive the actual calculated allotment.

(2) To calculate the allotment manually (without using the basis of coupon/EBT issuance table):

(a) Calculate the assistance group's net monthly income according to rule 5101:4-4-31 of the Administrative Code.

(b) If the assistance group is categorically eligible according to rule 5101:4-2-02 of the Administrative Code and thus not subject to the net monthly income standard, multiply the net monthly income by thirty per cent.

(c) If the assistance group is subject to the net income standard, compare the assistance group's net monthly income to the maximum net monthly income standard. If the assistance group's net income is greater than the net monthly income standard, the assistance group is ineligible. If the assistance group's net income is equal to or less than the net monthly income standard, the assistance group is eligible. Multiply the net monthly income by thirty per cent.

(d) Round the product up to the next whole dollar if it ends in one cent through ninety-nine cents.

(e) To obtain the allotment, subtract the result of the net monthly income calculation from the maximum food assistance allotment for the appropriate assistance group size.

(f) If the benefit is for a one or two person assistance group and the computation results in a benefit of less than the minimum benefit allotment, round up to the minimum benefit amount.

(g) Assistance groups containing three or more members shall receive the actual calculated allotment.

(B) How are benefits prorated for the initial month?

The term "initial month" means the first month for which the assistance group is certified for participation in the food assistance program. The initial month must follow a period when the assistance group was not participating in the food assistance program. For most assistance groups the break in receiving food assistance can be any amount of time. However, for migrant and seasonal farm workers, an initial month is determined by a break in benefits of at least one month. Assistance groups containing migrant and seasonal farm workers shall receive a full month's allotment with no proration when the break in benefits is less than one month.

Benefits for the initial month of application are prorated based on the date the application is received by the county agency. To prorate the initial month of benefits the county agency must determine what the food assistance allotment would have been for the entire month as explained in paragraph (A) of this rule, and then prorate the benefits as described in this paragraph based on the date the application was received:

The steps for prorating are:

(1) Add one to the number of days in the month;

(2) Subtract the date the application was received from the total calculated in paragraph (B)(1) of this rule.

(3) Multiply the amount from paragraph (B)(2) of this rule by the full month's benefits determined from paragraph (A) of this rule.

(4) Divide the amount from paragraph (B)(3) of this rule by the number of days in the month.

(5) If the number calculated in paragraph (B)(4) of this rule ends in one cent through ninety-nine cents, round it down to the next lower dollar.

(6) If the number calculated results in an allotment of less than ten dollars, round it to zero dollars. If the amount calculated is ten dollars or more the benefit should be issued.

(C) What happens when there are anticipated changes at the time of application?

(1) An assistance group's allotment for the month of application may be different than the following months.

(2) An assistance group may be eligible for the month of application, but ineligible in the next month. The assistance group is entitled to benefits for the month of application even if the processing of its application results in the benefits being issued in the next month.

(3) Similarly, an assistance group may be ineligible for the month of application, but eligible in the next month due to anticipated changes in circumstances. Even though denied for the month of application, the assistance group does not have to reapply in the next month. The same application shall be used for the denial for the month of application and the approval for the next months, within the timeliness standards as set forth in rule 5101:4-2-11 of the Administrative Code.

(D) What happens when there are anticipated changes at the time of reapplication?

Eligibility for reapplication shall be determined based on circumstances anticipated for the certification period starting the month following the expiration of the current certification period.

(1) If an assistance group, other than a migrant or seasonal farm worker assistance group, submits an application after the assistance group's certification period has expired, that application shall be considered an initial application and benefits for that month shall be prorated.

(2) If an assistance group's failure to timely reapply for benefits was due to an error of the county agency and therefore, there was a break in participation, the county agency shall follow procedures in rule 5101:4-5-07 of the Administrative Code.

(3) If an assistance group reapplies prior to the end of its certification period, but is found ineligible for the first month following the end of the certification period, the first month of any subsequent participation shall be considered an initial month.

(4) If an assistance group submits a reapplication for benefits prior to the end of its certification period and is found eligible for the first month following the end of the certification period, then that month shall not be an initial month.

(5) The requirements of paragraph (D)(4) of this rule are effective only if the assistance group has been properly notified of the expiration of its certification period, as described in rule 5101:4-7-07 of the Administrative Code.

Replaces: 5101:4-4-27

Effective: 03/01/2010
R.C. 119.032 review dates: 03/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 10/1/81, 5/1/82, 10/1/82, 6/1/83, 11/1/83 (Temp.), 12/22/83, 8/20/86 (Emer.), 11/15/86, 1/16/87 (Emer.), 4/6/87, 5/1/89 (Emer.), 7/17/89, 1/5/90 (Emer.), 3/22/90, 7/1/92, 8/1/92 (Emer.), 10/30/92, 2/1/93, 9/1/94, 8/1/95 (Emer.), 10/13/95, 9/22/96 (Emer.), 12/21/96, 4/1/97 (Emer.), 6/6/97, 2/2/98, 9/28/98, 5/1/99, 6/1/01, 8/27/01 (Emer.), 12/1/04

5101:4-4-31 Food assistance: anticipating income.

(A) General standard

For the purpose of determining the assistance group's (AG's) eligibility and monthly benefit, the county agency shall take into account the income already received by the AG during the certification period and any anticipated income the AG and the county agency are reasonably certain will be received during the remainder of the certification period. If the amount of income that will be received or when it will be received is uncertain, the county agency shall not count that portion of the AG's income that is uncertain. If the exact amount of the income is not known, that portion of it that is anticipated with reasonable certainty is considered income. In cases where the receipt of income is reasonably certain but the monthly amount may fluctuate, the county agency must average income.

(B) Income received in past thirty days

Income received during the past thirty days shall be used as an indicator of the income that is and will be available to the AG during the certification period. However, the county agency shall not use past income as an indicator of income anticipated for the certification period if changes in income have occurred or can be anticipated. If income fluctuates to the extent that a thirty-day period alone cannot provide an accurate indication of anticipated income, the county agency and the AG may use a longer period of past time if it will provide an accurate indication of anticipated fluctuations in future income. Similarly, if the AG's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last thirty days, as one indicator of anticipated income. The county agency shall exercise particular caution in using income from a past season as an indicator of income for the certification period. In many cases of seasonally fluctuating income, the income also fluctuates from one season in one year to the same season in the next year. However, in no event shall the county agency automatically attribute to the AG the amount of any past income. The county agency shall not use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.

(C) Anticipated income for the month received

Income anticipated during the certification period shall be counted as income only in the month it is expected to be received, unless the income is averaged as described in paragraph (I) or (J) of this rule. Nonrecurring lump-sum payments are counted as a resource starting in the month received and not counted as income.

(D) Cases of steady employment

In cases where the AG name is steadily employed, income from the previous month is usually a good indicator of the amount of income that can be anticipated in the month of application and subsequent months. If information supplied by the AG or a collateral contact indicates that future income will differ from the previous month's income, the county agency will use such information to make a reasonable estimate of anticipated income. The method used to determine income shall be fully documented in the case file.

(E) Hourly and piecework wages

When income is received on an hourly wage or piecework basis, weekly income may fluctuate if the wage earner works less than eight hours some days or is required to work overtime on others. In this case the county agency should consult with the AG to determine the normal amount of income to be expected as a result of one week's work and if this is reasonably certain to be available during the certification period. This amount should be used to determine monthly income.

(F) Withheld wages

Wages held at the request of the employee shall be considered income to the AG in the month the wages would otherwise have been paid by the employer. However, wages held by the employer as a general practice, even if in violation of law, are not counted as income to the AG, unless the AG anticipates that it will ask for and receive an advance or that it will receive income from wages that were previously held by the employer as a general practice and were, therefore, not previously counted as income by the county agency. Advances on wages shall count as income in the month received only if reasonably anticipated.

(G) Variation of payment: income received monthly or semimonthly

An AG receiving income on a recurring monthly or semimonthly basis shall not have its monthly income varied merely because of changes in mailing cycles or pay dates or because weekends or holidays cause additional payments to be received in a month.

(H) Actual versus converted income

When a full month's income is anticipated and income is received on a weekly or biweekly basis, the county agency shall determine monthly income by multiplying weekly amounts by 4.3 and biweekly amounts by 2.15. In one-month certifications, income on less than a monthly basis may be computed by using the actual income that is to be received. When income that was received on a weekly or biweekly basis has stopped, actual income (not converted) is used.

(I) Averaging income

Except for destitute AGs, income received on a monthly basis but whose amount fluctuates from month-to-month and income received less often than monthly must be averaged. Income shall not be averaged for a destitute AG since doing so would result in assigning to the month of application income from future periods which is not available to the AG for its current food needs. To average income, the county agency shall use the AG's anticipation of income fluctuations over the certification period. (For example, an AG receives one hundred dollars every other month, fifty dollars per month income may be used.) The number of months used to arrive at the average income need not be the same as the number of months in the certification period. An average must be recalculated at recertification and in response to changes in income, in accordance with paragraph (G) of rule 5101:4-7-01 of the Administrative Code, and the county agency shall inform the AG of the amount of income used to calculate the allotment. Conversion of income received weekly or biweekly in accordance with paragraph (H) of this rule does not constitute averaging.

(J) Income averaging contract or self-employment income

AGs which, by contract or self-employment, derive their annual income in a period of time shorter than one year shall have that income averaged over a twelve-month period, provided the income from the contract is not received on an hourly or piecework basis. These AGs may include school employees, share croppers, farmers, and other self-employed AGs. However, these provisions do not apply to migrant or seasonal farm workers. Contract income which is not the AG's annual income and is not paid on an hourly or piecework basis shall be prorated over the period the income is intended to cover.

(K) Determining income deductions

Deductible expenses include only certain costs.

(L) Types of expenses not allowed as deductions

Any expense, in whole or in part, covered by educational income which is excluded, shall not be deductible. Any expense covered by excluded reimbursements (including reimbursements under employment and training programs) or vendor payments (except an energy assistance payment made under the Low Income Home Energy Assistance Act of 1981, as amended), shall not be deductible. For example, the portion of rent covered by excluded vendor payments is not calculated as part of the AG's shelter costs. In addition, an expense which is covered by an excluded vendor payment that has been converted to a direct cash payment under the approval of a federally authorized demonstration project shall not be deductible. That portion of an allowable medical expense which is not reimbursable shall be included as part of the AG's medical expenses. If the AG reports an allowable medical expense at the time of certification but cannot provide verification at that time, and if the amount of the expense cannot be reasonably anticipated based upon available information about the recipient's medical condition and public or private medical insurance coverage, the AG shall have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified. A utility expense which is reimbursed or paid by an excluded payment, including department of housing and urban development (HUD) or farmers home administration (FMHA) utility reimbursements, shall not be deductible. Expenses shall only be deductible if the service is provided by someone outside of the AG and the AG is responsible for the expense. For example, a dependent care deduction shall not be allowed if another AG member provides the care, or compensation for the care is provided in the form of an in-kind benefit, such as food.

(M) Billed expenses deducted in month due

Except as provided in paragraph (N) of this rule, a deduction is considered in the month the expense is billed or otherwise becomes due. However, in the case of reimbursable medical expenses, a deduction can only be considered within thirty days of receiving the verification of the amount of reimbursement. The phrase "otherwise becomes due" is meant to provide for deductions in situations where regular billing statements are not issued but the expenses nevertheless become due each month as in most rental arrangements. All of the preceding applies regardless of when the AG intends to pay the expense. Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the AG. In any event, a particular expense may only be deducted once. Past due bills, except in the situation of medical expenses awaiting reimbursement, shall not be deducted.

(N) Anticipating expenses

The county agency shall calculate an AG's expenses based on the expenses the AG expects to be billed for during the certification period. Anticipation of the expense shall be based on the most recent month's bills unless the AG is reasonably certain a change will occur. At certification and reapplication, the AG shall report and verify all medical expenses. The AG's monthly medical deduction for the certification period shall be based on the information reported and verified by the AG, and any anticipated changes in the AG's medical expenses that can be reasonably expected to occur during the certification period based on available information about the recipient's medical condition, public or private insurance coverage, and current verified medical expenses. The AG shall not be required to report changes about its medical expenses during the certification period. If the AG voluntarily reports a change in its medical expenses, the county agency shall act upon the change in accordance with paragraph (G)(1) of rule 5101:4-7-01 of the Administrative Code if the change would increase the AG's allotment. In the case of a reported change that would decrease the AG's allotment, or make the AG ineligible, the county agency shall act on the change without first requiring verification in accordance with paragraph (G)(2) of rule 5101:4-7-01 of the Administrative Code.

(O) Actual/converted expenses

If the AG is billed more frequently than monthly for expenses, the county agency shall use the conversion procedure.

(P) Averaging expenses

AGs may elect to have fluctuating monthly expenses deducted entirely in the month incurred or averaged.

(1) Averaging less frequent bills

AGs may elect to have expenses which are billed less often than monthly treated as follows:

(a) The entire expense may be deducted during the month the expense is billed or otherwise becomes due.

(b) The expense may be averaged forward over the interval between scheduled billings.

(c) If there is no scheduled interval between billings, the expense may be averaged forward over the period the expense is intended to cover.

(d) Whether expenses are averaged forward between scheduled billings or averaged forward over the period the expense is intended to cover, deductions shall not be limited to the certification period in which the bill was received. If the expense is incurred on an ongoing basis, it may be deducted on an ongoing basis.

(e) "One-time-only" expenses may be averaged over the entire certification period in which they are billed if they are verified at the time of certification.

(2) Averaging "one-time only" expenses excluding medical

AGs reporting "one-time-only" expenses (excluding medical expenses) during their certification period may elect to have them treated as follows:

(a) "One-time-only" expenses may be averaged over the certification period in which they were billed.

(b) If the expense occurs during the fourth month of a six-month certification period, then only one-sixth of the expense can be deducted in each of the remaining two months. The other unused portion is lost. In these cases, it may be to the AG's advantage to have the total expense deducted in the month it is billed, rather than to have the expense averaged.

(3) Averaging medical expenses

AGs reporting "one-time-only" medical expenses during their certification period will have them treated as follows:

(a) The total medical expense in excess of thirty-five dollars may be deducted during one month; or

(b) The medical expense may be averaged forward over the remaining months of the certification period. If this option is chosen, only the amount in excess of thirty-five dollars each month may be deducted. Averaging shall begin the month the change becomes effective.

(Q) Determining AG eligibility and applying appropriate income standards

Participation in the food assistance program shall be limited to those AGs whose incomes are determined to be a substantial limiting factor in permitting them to obtain a more nutritious diet.

AGs shall meet the gross and net income eligibility standards as described in this rule unless at least one member is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code or the AG is considered categorically eligible. AGs which contain an elderly or disabled member, but do not qualify for categorical eligibility, shall meet the net income eligibility standards. These AGs shall not have gross income compared to the gross income eligibility standards. An AG that is categorically eligible does not have to meet either the gross or the net income standard. All other AGs are subject to first the gross income test, and then the net income test. AGs containing no elderly or disabled members must meet both test criteria in order to be determined eligible. If an AG contains a member who is fifty-nine years old on the date of application, but who will become sixty before the end of the month of application, the county agency shall determine the AG's income eligibility in accordance with paragraph (W) of this rule. An AG containing a student with excluded income who turns eighteen during the month of application or during the certification period shall have its income eligibility determined in accordance with paragraph (H) of rule 5101:4-4-13 of the Administrative Code.

(R) Method of calculating gross monthly income

Except for AGs containing at least one member who is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code, or considered categorically eligible, all AGs shall be subject to the gross income eligibility standard for the appropriate AG size. To determine the AG's total gross income, add the gross monthly income earned by all AG members and the total monthly unearned income of all AG members, minus income exclusions. If an AG has income from a farming operation (with gross proceeds of more than one thousand dollars per year) which operates at a loss, see rule 5101:4-6-11 of the Administrative Code. The total gross income is compared to the gross income eligibility standard for the appropriate AG size. If the total gross income is less than the standard, proceed with calculating the adjusted net income as described in paragraph (S) of this rule. If the total gross income is more than the standard, the AG is ineligible for program benefits and the case is either denied or terminated at this point.

(S) Method for calculating net monthly income

For AGs containing at least one member who is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code, but are not categorically eligible, income eligibility is calculated as described in this paragraph. For AGs considered categorically eligible, the AG cannot be ineligible for the program because of excess income. Categorically eligible AGs have their net income determined as described in the following paragraphs, but do not have their net income compared to the net income standard prior to determining level of benefits. After determining net income, go directly to the"Basis of Issuance Tables" located in rule 5101:4-5-01 of the Administrative Code to determine the AG's allotment. For all 5101:4-4-31 7 other AGs who are determined eligible after applying the gross income eligibility test, net income eligibility is determined as described in this paragraph.

(1) Total gross income

Add the gross monthly income earned by all AG members and the total monthly unearned income of all AG members, minus earned income exclusions, to determine the AG's total gross income. Net losses from the self-employment income of a farmer shall be offset in accordance with rule 5101:4-6-11 of the Administrative Code.

(2) Earned income deduction

Multiply the total gross monthly earned income by twenty per cent and subtract that amount from the total gross income.

(3) Standard deduction

Subtract the standard deduction.

(4) Excess medical deduction

If the AG is entitled to an excess medical deduction, determine if total medical expenses exceed thirty-five dollars. If so, subtract that portion which exceeds thirty-five dollars.

(5) Dependent care deduction

Subtract monthly dependent care expenses, if any.

(6) Legally obligated child support deduction

Subtract the allowable monthly child support payments in accordance with rule 5101:4-4-23 of the Administrative Code.

(7) Standard homeless shelter deduction

Subtract the standard homeless shelter deduction amount if any, up to the maximum of one hundred forty-three dollars if the AG is homeless and it incurs shelter costs during the month.

(8) Determining any excess shelter cost

Total the allowable shelter expenses to determine shelter costs, unless a deduction has been subtracted in accordance with paragraph (S)(7) of this rule. Subtract from total shelter costs fifty per cent of the AG's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. If there is no excess shelter cost, go to the next step.

(9) Applying any excess shelter cost

Subtract the excess shelter cost up to the maximum amount allowed (unless the AG is entitled to the full amount of its excess shelter expenses) from the AG's monthly income after all other applicable deductions. AGs not subject to the shelter limitation shall have the full amount exceeding fifty per cent of their adjusted income subtracted. The AG's net monthly income has been determined.

(T) Rounding techniques: calculating monthly income

In calculating gross income (both earned and unearned) the monthly amounts shall be rounded down to the nearest whole dollar by dropping all cents. All cents in gross weekly, biweekly, or semimonthly income shall be dropped before and after adding, dividing or multiplying. Hourly rates which contain cents are not rounded. However, because these procedures could result in a significant decrease in the medical and shelter expenses the AG may be entitled to use in determining excess medical and shelter costs, the individual costs used in paragraphs (S)(4) and (S)(8) of this rule shall be computed using exact dollars and cents. The cents will be dropped from the total medical and shelter costs prior to determining the medical and shelter deductions for the AG's net monthly income.

(U) Rounding techniques: calculating monthly allotments

In manually calculating monthly allotments as described in rule 5101:4-4-39 of the Administrative Code, after multiplying the net income by thirty per cent, the county agency shall round the product up to the next whole dollar if it ends in one through ninety-nine cents prior to subtracting that amount from the maximum food assistance allotment.

(V) Rounding techniques: calculating initial month's benefits

The county agency shall determine initial benefits based on the day of the month AGs apply for benefits. In manually calculating the initial month's benefits, the county agency shall use the formula described in rule 5101:4-4-27 of the Administrative Code. If the result ends in one through ninety-nine cents, the county agency shall round the product down to the nearest lower whole dollar. If the computation results in an allotment of less than ten dollars, then no issuance shall be made for the initial month.

(W) Income standards - AGs subject to net income standard only

An AG which is not considered categorically eligible is subject to the following income standards prior to determining the level of benefits. An AG which has a member who meets the definition of elderly or disabled, as described in rule 5101:4-1-03 of the Administrative Code, shall have its net monthly income, as calculated in this rule, compared to the monthly net income standard for the appropriate AG size to determine eligibility for the month. If the AG's net income exceeds the appropriate income standard, the AG is ineligible to participate in the food assistance program. If the AG's net income is equal to or less than the appropriate net income standard, the AG's level of benefits is determined, if otherwise eligible. Gross income is not an eligibility factor for these AGs and the gross income standard does not apply. An AG which is considered categorically eligible is not subject to either the gross or net income standard, and, therefore, paragraphs (W) and (X) of this rule are not applicable to a categorically eligible AG.

(X) Income standards - AGs subject to gross and net income standards

An AG which has no elderly or disabled member as described in rule 5101:4-1-03 of the Administrative Code shall have its gross monthly income, as calculated in accordance with this rule, compared to the monthly gross income eligibility standard for the appropriate AG size to determine eligibility for the month. If the AG's gross monthly income exceeds the appropriate income standard, the AG is ineligible to participate in the food assistance program. If the AG's gross monthly income is equal to or less than the standard for the appropriate AG size, the AG shall then have its net monthly income, as calculated in this rule, compared to the net monthly income eligibility standard for the appropriate AG size to determine eligibility for the month. If the AG's net income is equal to or less than the appropriate net income standard, the AG's level of benefits is determined, if otherwise eligible. If the gross income is more than the standard for the appropriate AG size, the AG is ineligible and the AG is either terminated or denied at that point.

(Y) Destitute AGs

For AGs considered destitute, the county agency shall determine an AG's eligibility by first applying the procedures contained in rule 5101:4-6-09 of the Administrative Code and then apply the appropriate income standard in accordance with paragraphs (W) and (X) of this rule, whichever is appropriate. For destitute AGs who apply after the fifteenth of the month and who have postponed submitting required verifications, refer to paragraph (G) of rule 5101:4-6-09 of the Administrative Code.

Effective: 09/01/2009
R.C. 119.032 review dates: 05/20/2009 and 09/01/2014
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/2/80, 1/1/81, 6/1/81, 6/18/81, 4/14/83, 6/17/83, 12/25/83 (Temp.), 3/1/84, 12/31/84 (Emer.), 4/1/85, 5/1/86 (Emer.), 8/1/86 (Emer.), 10/1/86, 1/16/87, 4/6/87, 8/1/87 (Emer.), 10/25/87, 12/25/87, 7/20/88 (Emer.), 10/16/88, 5/1/88 (Emer.), 7/17/89, 10/1/89, 10/1/89 (Emer.), 12/21/89, 5/1/91 (Emer.), 6/1/91, 8/1/92 (Emer.), 10/31/92, 9/1/94, 12/1/94, 8/1/95 (Emer.), 8/1/95, 10/31/95, 7/1/96, 9/22/96 (Emer.), 12/1/96, 4/1/97 (Emer.), 6/6/97, 9/28/98, 5/1/99, 6/1/01 (Emer.), 8/27/01, 6/1/03 (Emer.), 6/16/03, 11/1/03, 5/22/04, 10/1/08 (Emer.), 12/18/08

5101:4-4-39 Food assistance: allotment computation.

(A) How is the food assistance allotment determined?

Except for computation of the initial allotment or when circumstances as defined in rule 5101:4-7-13 of the Administrative Code are in effect, the assistance group's monthly allotment shall be equal to the maximum food assistance allotment for the assistance group's size, reduced by thirty per cent of the assistance group's net monthly income. After multiplying the net income by thirty per cent, the county agency shall round the product up to the next whole dollar if it ends in one through ninety-nine cents prior to subtracting that amount from the maximum food assistance allotment. This rounding method shall be used in all determinations of allotments.

(B) What are the minimum allotment amounts?

If the calculation of benefits in accordance with rule 5101:4-4-27 of the Administrative Code for an initial month would yield an allotment of less than ten dollars for the assistance group, no benefits shall be issued to the assistance group for the initial month.

Except during an initial month, all eligible one and two-person assistance groups shall receive the "minimum benefit" as defined in rule 5101:4-1-03 of the Administrative Code and all eligible assistance groups with three or more members which are entitled to one-dollar, three-dollar, and five-dollar allotments, shall receive allotments of two dollars, four dollars, and six dollars, respectively.

(C) What happens if there is eligibility after the gross income test but not after the net income test?

If the assistance group is program eligible after the gross income test, but, after calculating net income is ineligible due to income in excess of the net income standard defined in the net monthly eligibility standard table to rule 5101:4-4-11 of the Administrative Code, the county agency shall deny the assistance group's application on the grounds that its income exceeds the net income standard. For those eligible assistance groups which are entitled to no benefits in their initial month of application but are entitled to benefits in subsequent months, the county agency shall certify the assistance groups beginning with the month of application, but not issue benefits until the second or subsequent month.

(D) How are changes in circumstances that affect an assistance group's income eligibility standard handled?

When an assistance group's circumstances change and it becomes entitled to a different income eligibility standard, the county agency shall apply the different standard at the next recertification or whenever the county agency changes the assistance group's eligibility, whichever occurs first. This applies when an assistance group loses or gains an elderly or disabled member or when an assistance group has a change in its categorical eligibility status.

Replaces: 5101:4-4-39

Effective: 09/01/2012
R.C. 119.032 review dates: 09/01/2017
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 10/1/81, 1/1/83, 6/1/83, 1/16/87 (Emer.), 4/6/87, 7/1/91, 8/1/92 (Emer.), 10/30/92, 9/28/98, 11/1/07