Lawriter - OAC - 5101:4-6-19 Food assistance: determining eligibility of supplemental security income assistance groups.

5101:4-6-19 Food assistance: determining eligibility of supplemental security income assistance groups.

Supplemental security income (SSI) assistance groups are those in which all members are applicants for, or recipients of SSI, and who are not certified for supplemental nutrition assistance program (SNAP) benefits, have not applied for SNAP benefits during the previous thirty days, and which do not have an application for SNAP pending. These assistance groups have the option of applying for SNAP benefits at their local social security administration district office or at the local county agency. The county agency shall not require persons potentially eligible for SSI to make application for SSI benefits as a condition of SNAP eligibility.

(A) What are the eligibility standards for SSI assistance groups?

If all members of the assistance group receive SSI:

(1) The gross income test and the net income test are not used in determining eligibility;

(2) The SNAP resource limits do not apply to the assistance group; and

(3) The assistance group must meet the nonfinancial eligibility criteria.

(B) What forms are required for SSI assistance groups?

The following forms are required:

(1) JFS 07200, "Request for Cash, Food and Medical Assistance" (rev. 10/2016).

(2) JFS 01846, "Case Worksheet-Cash, Food Stamp, and Medical Assistance Interview" (5/2005) shall be completed by the social security administration if a home visit is needed.

(3) The JFS 07501, "Program Enrollment and Benefit Information" (rev. 4/2018).

(C) How are applications for individuals participating in the social security administration's prerelease program processed?

An assistance group that consists of a resident or residents of a public institution(s) that applies for SSI under the social security administration's prerelease program for the institutionalized shall be allowed to apply for SNAP benefits jointly with their application for SSI prior to their release from the institution. These applications will be forwarded to the county agency by the social security administration. The application documents used for prerelease applicants will be the JFS 07200 and the JFS 07501, to be followed by an interactive interview.

(D) What is the social security administration's responsibility?

In accordance with 7 C.F.R. 273.2 (3/2018), the social security administration is required to:

(1) Accept all SNAP applications received at the social security administration office from SSI assistance groups and forward them within one working day after receipt of a signed application to the county agency. The social security administration also forward to the county agency a transmittal form. The prerelease applications will be forwarded to the county agency consistent with the above timeframe. The social security administration will later notify the county agency of the applicant's impending release date. Note: counties are required to keep local social security administration offices supplied with the JFS 07200, JFS 01846 and the JFS 07501.

(2) Prescreen all applications for entitlement to expedited services on the day the application is received at the social security administration and shall mark "Expedited Processing" on the first page of all applications that appear to be entitled to such processing. The social security administration will inform assistance groups that appear to meet the criteria for expedited service that benefits may be issued a few days sooner if the assistance group applies directly at the county agency. The assistance group may take the application to the county agency for screening, an interview, and processing of the application.

(3) Inform an applicant for or recipient of social security benefits under Title II of the Social Security Act of 1935 or SSI of the availability of benefits under the SNAP program and the availability of a SNAP application at the social security administration office.

(E) What are the interview requirements for SSI assistance groups when the interview is completed at the social security administration?

(1) In accordance with 7 C.F.R. 273.2(k), when the social security administration completes an interactive interview for SNAP on the telephone from a member of an SSI assistance group, the social security administration is required to complete a JFS 01846 during the telephone interview. In these cases, the JFS 07200 and JFS 07501 are required to be mailed to the claimant for signature and returned to the social security administration or county agency. The social security administration is required to forward any SNAP applications it receives to the county agency.

(2) An assistance group who completes an interactive interview for SNAP at the social security administration office shall not be required to also see a county eligibility worker or otherwise be subjected to an additional interview unless they request one. The social security administration will provide the county with documentation (i.e., photocopies) of items that must be verified (e.g., income) if the applicant is in possession of such documents at the time of the interview.

(3) The county agency shall not require the assistance group to be interviewed again and it shall not contact the assistance group further in order to obtain additional information unless:

(a) The application is improperly completed;

(b) Mandatory verification is missing; or

(c) Certain information is questionable.

(4) In accordance with rule 5101:4-2-09 of the Administrative Code, the county agency shall obtain the needed documentation for verification purposes. County agencies have the option of verifying SSI benefit payments through the state data exchange (SDX) and the beneficiary data exchange (BENDEX). For prerelease applications the county agency should obtain whatever additional information is available from the social security administration at the time of release or if necessary contact the applicant/institution to obtain needed information.

(F) What is the county agency's responsibility?

The county agency shall:

(1) In accordance with rule 5101:4-2-07 of the Administrative Code, the county agency shall conduct an interactive interview with the applicant upon receipt of a JFS 07200. The county agency shall make an eligibility determination and issue SNAP benefits to eligible SSI assistance groups within thirty days following the date the application was received by the social security administration. Applications shall be considered filed for normal processing purposes when the signed application is received by the social security administration. The county agency shall make an eligibility determination and issue SNAP benefits to a resident of a public institution who applies jointly for SSI and SNAP within thirty days following the date of the applicant's release from the institution.

(2) Prescreen all applications received from the social security administration for entitlement to expedited service on the day the application is received. All SSI assistance groups entitled to expedited service shall be certified in accordance with applicable regulations except that the expedited processing time standard shall begin on the date the application is received at the correct county agency office. Expedited processing time standards for an applicant who has applied for SNAP and SSI prior to release shall begin on the date of the applicant's release from the institution.

(3) Restore benefits to an assistance group that were lost because of an error by the county agency or by the social security administration through joint processing. Such an error shall include, but not be limited to, the loss of an applicant's application after it has been filed with social security administration. In addition, if, for any reason, the county agency is not notified on a timely basis of an applicant's release date from a public institution, the county agency shall restore benefits.



Effective: 9/1/2018
Five Year Review (FYR) Dates: 5/23/2018 and 09/01/2023
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.042, 5101.54
Prior Effective Dates: 06/02/1980, 12/01/1980, 05/03/1985 (Emer.), 08/01/1985, 08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 01/01/1987 (Emer.), 04/06/1987, 01/05/1990 (Emer.), 03/22/1990, 10/01/1990, 07/01/1992, 08/01/1992 (Emer.), 10/30/1992, 07/01/1994, 05/01/1996, 10/01/1996, 05/01/1997, 02/01/1999, 02/01/2004, 05/02/2005, 01/01/2009, 03/01/2011, 07/01/2011, 02/01/2013, 06/01/2013