Chapter 5101:4-5 Eligibility Determination

5101:4-5-01 [Rescinded]Food stamps: determining the monthly allotment.

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Effective: 03/01/2010
R.C. 119.032 review dates: 11/20/2009
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, 6/17/83, 10/1/83 (Emer.), 11/1/84 (Emer.), 12/31/84, 7/1/85 (Emer.), 9/29/85, 10/1/85 (Emer.), 12/22/85, 7/1/86 (Emer.), 8/1/86, 10/1/86 (Emer.), 11/28/86, 10/29/87 (Emer.), 1/22/88, 10/1/88 (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, 8/1/92 (Emer.), 10/30/92, 10/1/93 (Emer.), 11/15/93, 10/1/94 (Emer.), 11/12/94, 10/1/95 (Emer.), 12/15/95, 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, 10/01/02 (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

5101:4-5-03 Food assistance: establishing certification periods.

(A) What is a certification period?

A certification period is the amount of time an assistance group is authorized to receive food assistance benefits. The county agency must certify each eligible assistance group for a definite period of time. The county agency shall not require an assistance group to report for an interview during their certification period.

(B) What is the first month of the certification period?

The first month of the certification period is the first month for which the assistance group is eligible to participate including an initial month in which no benefit is issued due to the initial proration being less than ten dollars. The certification period cannot exceed a total of twelve months, except as specified in paragraph (C)(1) of this rule.

(C) How long is the certification period?

At application or reapplication the county agency must assign the longest certification period possible based on the predictability of the assistance group's circumstances. Assistance groups shall be assigned a twelve month certification period unless an assistance group meets one of the following exceptions:

(1) All members of the assistance group are elderly or disabled and the assistance group has no earned income;

(2) The assistance group has unstable circumstances such as assistance groups with zero net income, assistance groups with an able-bodied adult without dependents (ABAWD) who has no countable earned income, or assistance groups which are homeless;

(3) The assistance group anticipates changes that will make the assistance group ineligible for food assistance benefits in the near future;

(4) The assistance group contains a migrant farm worker; or

(5) The case has an assistance group that is receiving other public benefits that require a shorter reapplication date.

(D) How long should the certification period be if all assistance group members are elderly or disabled and have no earned income?

Assistance groups in which all members are elderly or disabled and have no earned income shall be certified for twenty-four months.

(E) How long should the certification period be if the assistance group has unstable circumstances, anticipated changes or is a migrant farm worker?

These assistance groups should be assigned certification periods consistent with their circumstances. The certification period options are four, five, six or twelve months.

(F) When can food assistance benefits stop prior to the end of the certification period?

The county agency shall end an assistance group's benefits earlier than its certification expiration date if one of the following is true:

(1) The county agency receives information that the assistance group has become ineligible;

(2) The assistance group fails to return the interim report as set forth in rule 5101:4-7-01 of the Administrative Code by the end of the sixth month for assistance groups with twelve month certification periods or the twelfth month for assistance groups with a twenty-four month certification period;

(3) The assistance group reports a change or fails to respond to a request for contact when information reported to the county agency is unclear in accordance with paragraph (J)(5) of rule 5101:4-7-01 of the Administrative Code. The county agency may also adjust the assistance group's benefit amount in response to a reported change.

(G) What notification is required when a certification period is ended earlier than the expiration date?

Prior notice of adverse action must be provided by mail or personal delivery as described in rule 5101:6-2-04 of the Administrative Code unless the assistance group's situation meets one of the exceptions to the prior notice provisions as specified in rule 5101:6-2-05 of the Administrative Code.

Effective: 03/01/2011
R.C. 119.032 review dates: 04/01/2015
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, 7/20/88 (Emer.), 10/16/88, 4/1/97 (Emer.), 6/6/97, 2/1/99, 6/1/01 (Emer.), 8/27/01, 5/13/02, 7/1/02 (Emer.), 8/1/02, 7/10/03, 11/1/03, 12/01/04, 08/1/05, 4/1/10

5101:4-5-07 Food assistance: delayed eligibility determinations.

(A) What happens when an eligibility determination is not made within thirty days? If the county agency cannot make an eligibility determination within thirty days, the cause of the delay must be determined. A notice of either denial or of pending status must be provided for applications that are delayed in processing, depending on the cause of the delay. The county agency shall determine the cause of the delay using the following criteria:

(1) Assistance group caused delays

(a) The assistance group is at fault when the assistance group fails to complete the application process even though the county agency has taken the required actions to assist the assistance group as set forth in paragraph (A)(2) of this rule.

(b) If the assistance group fails to participate in the first interview and a subsequent interview has been requested by the assistance group but is postponed at the assistance group's request or cannot otherwise be rescheduled until after the twentieth day but before the thirtieth day following the date the application was filed, the assistance group must participate in the interview and provide verification by that thirtieth day; otherwise, the delay shall be the fault of the assistance group.

(c) If the assistance group fails to participate in the first interview, fails to schedule a second interview, and/or the subsequent interview is postponed at the assistance group's request until after the thirtieth day following the date the application was filed, the delay shall be the fault of the assistance group. If the assistance group has missed both scheduled interviews and requests another interview, any delay shall be the fault of the assistance group.

(2) County agency caused delays

The county agency is at fault when it fails to comply with the following:

(a) Offer assistance with completing the application;

(b) Provide the assistance group with a statement of required verification, offer to assist in obtaining required verification and allow the assistance group sufficient time prior to the thirtieth day following the date of application to provide the missing verification. Sufficient time shall be at least ten days from the date of the county agency's initial request for the particular verification that was missing;

(c) Send the assistance group a JFS 04218 "Notice of Missed Interview" (rev. 11/10) or its CRIS-E equivalent and notify the assistance group that it is responsible for rescheduling a missed interview pursuant to rule 5101:4-2-07 of the Administrative Code. If the assistance group contacts the county agency within the thirty day processing period, the county agency must schedule a second interview; or

(d) Process a case by the thirtieth day when the assistance group has met all of its application obligations.

(B) What happens to an application when the assistance group caused the delay in the initial thirty days?

When the assistance group causes the delay, the application shall be processed as follows:

(1) The county agency shall send a notice of denial on the thirtieth day.

(2) The assistance group shall lose its entitlement to benefits for the month of application. However, the assistance group shall be given an additional thirty days to take the required action.

(3) When a notice of denial is sent and the assistance group takes the required action within sixty days of the date the application was filed, the county agency shall reopen the case without requiring a new application. No further action by the county agency is required after the notice of denial is sent if the assistance group fails to take the required action within sixty days of the date the application was filed.

(C) How is an application processed when the county agency caused the delay in the initial thirty days?

(1) A notice of pending status must be sent on the thirtieth day. A notice of denial cannot be sent for county agency caused delays.

(2) The county agency shall notify the assistance group of any action it must take to complete the application process. If the application is to be held pending because some action by the county agency is necessary to complete the application process, the county agency shall provide the assistance group with a written notice informing the assistance group that its application has not been completed and is being processed. If some action by the assistance group is also needed to complete the application process, the notice shall also explain what action the assistance group must take and that its application will be denied if the assistance group fails to take the required action within sixty days of the date the application was filed.

(D) How is an application processed when the application has pended sixty days and all information is received?

(1) If the county agency is at fault for not completing the application process by the end of the second thirty-day period and the case file is otherwise complete, the county agency shall continue to process the original application until an eligibility determination is reached.

(2) If the assistance group is determined eligible and the county agency is at fault for the delay in the initial thirty days, the assistance group shall receive benefits retroactive to the month of application.

(3) If the initial delay is the assistance group's fault, the assistance group shall receive benefits retroactive only to the month following the month of application.

(E) How is an application processed when the application has pended sixty days and information is still incomplete?

(1) If the county agency is at fault for not completing the application process by the end of the second thirty-day period, but the case file is not complete enough to reach an eligibility determination, the county agency may continue to process the original application, or deny the application. The notice of denial shall be accompanied by notification to the assistance group to file a new application and of its possible entitlement to benefits lost as a result of county agency delay.

(2) If the assistance group is determined eligible and the county agency is at fault for the delay in the initial thirty days, the assistance group shall receive benefits retroactive to the month of application.

(3) If the initial delay is the assistance group's fault, the assistance group shall receive benefits retroactive only to the month following the month of application.

(4) If the assistance group is at fault for not completing the application process by the end of the second thirty-day period, the county agency shall deny the application and require the assistance group to file a new application.

Replaces: 5101:4-5-07

Effective: 08/01/2011
R.C. 119.032 review dates: 06/01/2016
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04 , 329.042 , 5101.54
Prior Effective Dates: 6/20/80, 4/1/89, 1/1/95, 2/1/99, 6/1/01 (Emer.), 8/27/01, 3/1/02 (Emer.), 5/13/02, 5/1/06

5101:4-5-15 [Rescinded]Food stamps: uses for food stamp benefits.

Effective: 01/01/2011
R.C. 119.032 review dates: 10/01/2010
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, 6/12/83, 3/24/88 (Emer.), 6/18/88, 12/1/94, 5/1/96, 2/1/99, 10/01/01, 8/1/05