Chapter 5101:1-2 | Application Process; Verification

Rule 5101:1-2-01 | The application process for Ohio works first and refugee cash assistance.

• Effective: October 1, 2023
• Promulgated Under: 119.03

(A) How does an individual apply for Ohio works first (OWF) or refugee cash assistance (RCA) benefits?

(1) The application process begins with a request for OWF or RCA. Upon request to apply, the county agency is to provide the individual or authorized representative with all of the following forms:

(a) A JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or Child Care Assistance," JFS 07204 "Request to Reapply for Cash Assistance, SNAP and/or Child Care," or the electronic or telephonic equivalent; and

(b) A JFS 07217 "Voter Registration Notice of Rights and Declination" and a voter registration form (for requirement and procedures of the National Voter Registration Act of 1993 refer to rule 5101:1-2-15 of the Administrative Code).

(2) Assistance groups wanting to participate in the program(s) are to file a complete application.

(a) An "application" is a JFS 07200, JFS 07204, or its electronic or telephonic equivalent; and

(b) Except as outlined in paragraph (A)(2)(c) of this rule, a "complete application" is an application that includes, at a minimum, the name, address and signature of the person completing the application.

(c) A complete telephonic application includes, at a minimum:

(i) A name, address;

(ii) A completed interview as described in paragraph (H) of this rule; and

(iii) A telephonic signature of the person completing the application. A telephonic signature is an audio recording of the assistance group's verbal assent and a summary of the information to which the assistance group assents.

(B) When is an application packet provided?

(1) The county agency is to provide an application packet upon request.

(a) When the request is made in person at the county agency, the application packet is to be given the same day as the request.

(b) When the county agency receives the request by telephone or letter, the application packet is mailed the day that the request is received.

(2) The right to apply is not to be discouraged or denied. An individual/family who appears ineligible is allowed to apply for assistance.

(3) When an assistance group is currently receiving supplemental nutrition assistance program (SNAP) benefits and decides to apply for cash assistance at recertification, a new application for cash assistance is to be filed.

(C) What are the methods for filing an application?

(1) An assistance group may submit an application to the county agency:

(a) In person;

(b) Through an authorized representative;

(c) By fax;

(d) By electronic transmission;

(e) By mail; or

(f) By telephone.

(D) Who signs the application?

(1) The application is to be signed by one of the following individuals in order to register the application:

(a) A payee for the assistance group;

(b) A caretaker for the assistance group;

(c) Another responsible member of the assistance group;

(d) A spouse or natural or adoptive parent of a member of the assistance group who is not an assistance group member, who resides with the assistance group, and can reasonably be determined to be acting responsibly for the assistance group; or

(e) An authorized representative for the assistance group.

(2) For other assistance groups identified on the application, an individual meeting one of the definitions provided in paragraph (D)(1) of this rule is to sign the application in order to register the request for assistance for the assistance group. The county agency is to notify the potential assistance groups of this requirement in writing no later than one working day following the interview.

(3) The types of signatures include:

(a) Handwritten signatures include signatures that are transmitted by facsimile or other electronic submission. When the signatory cannot sign with a name, an "X" is valid signature. It may be necessary for the county agency to have a witness attest to an "X" signature. An employee of the agency may serve as a witness.

(b) Electronic signatures which include the following:

(i) A digital signature;

(ii) A handwritten signature input on electronic signature pad or display screen; or

(iii) A digitized image of a handwritten signature that is attached to an electronic record or a typed name on an online application. This excludes telephonic signatures as described in paragraph (A)(2)(c) of this rule.

(c) Telephonic signatures obtained in accordance with procedures approved by the Ohio department of job and family services.

(4) Since initial benefits are affected by the date of application, the county agency should provide a potential assistance group identified on the application an opportunity to sign and complete the minimum application requirements described in paragraph (A)(2)(b) of this rule as soon as possible.

(5) A handwritten signature is not required when there is an electronic or telephonic signature. Electronic and telephonic signatures have the same legal effect and are enforced in the same way as a handwritten signature.

(E) During the application process what other responsibilities need to be met?

(1) Each question on the application is to be completed to the fullest extent possible and any missing information is to be supplied during the interview or through the required verifications.

(2) The assistance group and/or authorized representative is to make an accurate and complete disclosure of all information necessary for a determination of eligibility. Such disclosure are to be made at the time of initial application, at reapplication, and within ten days of the date that any change specifically identified in rule 5101:1-2-20 of the Administrative Code occurs.

(3) The assistance group's report of an impending change in circumstances does not negate its responsibility to report any change identified in rule 5101:1-2-20 of the Administrative Code as reporting requirement within ten days from the date the change actually occurs.

(4) Administrative duties are to be performed in such a manner as to secure for every assistance group the full amount of benefits that is legally entitled according to program regulations.

(5) For OWF applicants the application process includes:

(a) Prior to authorization, the county agency is to:

(i) For each work eligible individual between the ages of fourteen and twenty-four:

(a) Not later than seven days from the date of application, refer the individual to a lead agency for a comprehensive assessment conducted in accordance with rule 5101:14-1-04 of the Administrative Code; and

(b) Ensure the individual has signed an individual opportunity plan developed in accordance with rule 5101:14-1-04 of the Administrative Code, that includes an assignment to at least one comprehensive case management and employment program (CCMEP) service or activity.

(ii) For all other work eligible individuals, minor heads of household and adult members of the assistance group, assess, appraise, and enter into a written self sufficiency contract (SSC) for each work eligible individual, minor head of household and adult member of the assistance group, in accordance with rule 5101:1-3-11 of the Administrative Code.

(b) As agreed in the SSC, the county agency may have a work eligible individual complete a job search and job readiness applicant assignment as described in rule 5101:1-3-12.5 of the Administrative Code, prior to authorization of OWF benefits as described in rule 5101:1-3-11 of the Administrative Code. In accordance with rule 5101:9-2-02 of the Administrative Code, when the work eligible individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, the county agency is to ensure that the assignment is consistent with its Americans with Disabilities Act (ADA) of 1990 plan in accordance with rule 5101:9-2-02 of the Administrative Code.

(F) What is the application date and how is an application registered?

(1) The county agency is to accept the application on the day it is turned into the county agency. The "date of application" is the date that the county agency receives an application for existing assistance groups completing a interview, that contains the minimum requirements described in paragraph (A)(2)(b) or (A)(2)(c) of this rule. When an application is submitted by fax, electronically, or telephonic equivalent, the date of application is to be the date the county agency receives the application. When an application is received after business hours the date of application is the next business day.

(2) Upon receipt of an application containing the minimum requirements described in paragraph (A)(2)(b) or (A)(2)(c) of this rule, the county agency is to enter the information into the statewide automated eligibility system.

(3) The county agency is not to delay the date of application because of any local office procedure. The date of the interview is not to be used to delay the application date.

(4) The assistance group is to be given the opportunity to complete and return the application on the same date the application is requested. When this occurs, the date of application is the same day as the request.

(5) The county agency is to advise that the date of the application and the beginning date of benefits are dependent upon the date the application containing the minimum requirements described in paragraph (A)(2)(b) or (A)(2)(c) of this rule is returned to the county agency provided all other eligibility factors are met on or before the date received.

(6) When an application containing the minimum requirements described in paragraph (A)(2)(b) of this rule is returned by mail, the date of application is to be the date the county agency receives the application. When the county agency receives an application containing the minimum requirements described in paragraph (A)(2)(b) of this rule from the social security administration, the date of application for all public assistance programs, except SNAP, is to be the date the county agency receives the application. All applications received by mail are to be date stamped the day received.

(G) What is the role of the county agency in the completion of the application process?

(1) The county agency is to help complete the application when assistance is requested and no other family member, close friend, authorized representative, or other appropriate individual is available.

(2) When the county agency assists or completes an application, the employee of the county agency is to sign his or her name and title on the application.

(3) A county agency employee is not to alter any answers given by the assistance group on the application. The county agency employee may assist in completing the application by asking the assistance group for answers needed to complete the application. The county agency employee may then mark or fill in the answer on the application.

(4) The normal process of inputting data provided by the applicant during the interview is not to be construed to mean that the county agency has assisted with the completion of the application.

(5) When the application is signed with a telephonic signature the county agency is to provide the assistance group a written copy of the JFS 07008 "Benefit Application Summary" form, or its electronic equivalent of the information attested to during the interview.

(H) What are the interview requirements?

(1) An interview is to be scheduled as promptly as possible after the receipt and registration of an application containing the minimum requirements described in paragraph (A)(2)(b) of this rule, to ensure that an eligible assistance group receives an opportunity to participate within the time frames for completion of the application process pursuant to paragraph (L) of this rule.

(2) The interview is used to inform the assistance group of all required verifications, the time period that the verifications is to be submitted to the county agency, and the responsibility of the county agency to assist when help is needed in obtaining any items. The interview is also used to determine if the application has been thoroughly completed and if the information provided accurately represents the assistance group's situation.

(3) When the primary language of the individual completing the interview is not English, the county agency is to offer an interpreter at no cost to the individual. The individual is not to be required to provide his or her own interpreter or use a family member, unless they desire to do so.

(4) When the individual who satisfies the interview requirement for the assistance group is not an assistance group member (e.g., authorized representative), and the county agency questions the information provided by that individual, the county agency retains the right to contact the assistance group to clarify the information.

(5) When the interview cannot be conducted in the county agency offices or by telephone, alternative locations and/or hours are to be arranged.

(I) How can the interview be conducted?

(1) The county agency may conduct an:

(a) Office interview;

(b) Telephone interview; or

(c) Home visit (as long as it is scheduled in advance with the assistance group).

(2) The type of interview conducted is left to the county agency's discretion unless the applicant requests a face-to-face interview. The county agency is to grant a face-to-face interview to any assistance group that requests one.

(J) What are the county agency's responsibilities for the interview?

(1) Provide the JFS 07344 "Direct Deposit Authorization" when applicable.

(2) When the statewide automated eligibility system is unavailable, the JFS 01846, "Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview" is to be used to conduct the interview.

(3) Assist in obtaining verification and completing the voter registration forms when requested by the assistance group.

(4) Determine eligibility as soon as possible after the application requirements are complete.

(5) Document the eligibility determination in the case record.

(K) What is to be covered in the application interview?

(1) The eligibility requirements for cash programs, including citizenship and immigration status social security number requirements, issuance and use of benefits.

(2) The required verifications and information that is to be provided. This is to include a review of those verifications already provided and those verifications remaining to be secured. The county agency is to also inform the assistance group of assistance that they can provide in securing the required verifications and information.

(3) The importance of abiding by the time limits for providing the verifications and additional information. The county agency is to emphasize that the application cannot be processed until the verifications and additional information are submitted.

(4) The joint responsibility for exploring all the factors of eligibility and the circumstances that the assistance group is to be held responsible for presenting records or documents in its possession to support statements.

(5) The consequences for failing to accurately report the circumstances of the assistance group at the point of application and later when the circumstances should change. Possible recoupment of overpayments and/or referral to law enforcement officials for civil or criminal prosecution could result from a failure to fully and honestly report the circumstances at all times.

(6) The availability, purpose, and provision of appropriate social services programs within and outside the agency regardless of an individual's receipt of financial assistance.

(7) The responsibility of the parent for minor children and spouses for each other.

(8) The ability of the assistance group to meet its needs pending the receipt of the first benefit.

(9) The availability of free legal services through legal aid.

(10) An explanation of eligibility for a pregnant minor or minor parent and child to receive assistance as described in section 5107.24 of the Revised Code.

(11) An explanation of the SSC and the time limit requirements and extensions for the OWF program.

(12) An explanation of the waiver of OWF eligibility requirements due to domestic violence, including the good cause exception for refusal to cooperate with child support when applicable.

(13) An explanation of the individual's rights under the ADA, including the right to request reasonable modification in program activities.

(14) During the interview, the county agency is to offer assistance in getting any additional verifications or information that is needed in order to process the case. The county agency is to use the JFS 07105 "Application/Reapplication Verification Request Checklist." The checklist is to provide a date for the return of the verifications. When the required information and verifications are not received by this date, benefits are denied.

(15) An explanation of the quality control review process and the assistance group's responsibility to cooperate when the case is selected for review.

(16) An explanation of the requirement to report all changes within ten days of the date that the change occurred.

(17) An explanation of the right to request a county conference or state hearing when the individual disagrees with an action taken on the case.

(18) The county agency is to send the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" to the child support enforcement agency (CSEA) each time that an individual signs the form to claim good cause for refusal to cooperate with child support.

(L) What is the time frame for determining eligibility?

(1) For an OWF or RCA application, the determination of eligibility is to be completed within thirty days from the date of application.

(a) An OWF application awaiting completion of an applicant assignment may pend up to, but no longer than, thirty days from the date of application before authorization.

(b) No more than forty-five days may elapse between the date of application and the issuance of the benefit, or the notification of the approval or denial of assistance.

(2) The time frames may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances that are considered beyond the control of the county agency or assistance group such as:

(a) Failure, with good cause, to secure necessary verifications;

(b) Failure or delay on the part of an examining physician to provide all needed information.

(3) When calculating the thirty or forty-five day time periods, the following provisions are applicable:

(a) The initial day is excluded from the computation and the last day is included;

(b) When the last day of the time period falls on a Saturday, Sunday or legal holiday, the time period is to end on the next working day;

(c) This method is to be used in calculating all time periods, unless specified as working days.

(4) When the application pends longer than thirty days, running record comments are to be documented at least every thirty days with the reason for the delay.

(M) What are the requirements for authorized representatives?

An "authorized representative" is an individual, eighteen years of age or older, who is authorized to act on behalf of the assistance group.

(1) The assistance group is to provide a written statement naming the authorized representative and the duties that the named authorized representative may perform on the assistance group's behalf.

(2) When written authorization cannot be obtained because of the individual's incompetency or incapacity, the county agency may waive the written statement and assist in naming a responsible party to act as authorized representative for the assistance group.

(3) The assistance group is responsible for notifying the county agency of any change in the named authorized representative.

(4) When the assistance group has an authorized representative named to act on its behalf, all notices and correspondence issued by the county agency on behalf of the assistance group is to be issued to both the authorized representative and the assistance group.

(5) In situations where an authorized representative provides incorrect or fraudulent eligibility information, the assistance group may still be held liable for any overpayments that occur. The authorized representative is to be held responsible for overpayments when the authorized representative is the legal guardian or legal trustee for the assistance group.

(6) When it is determined that the authorized representative has given incorrect information intentionally through no fault of the assistance group, a referral is to be made to the county prosecutor to determine when fraud has occurred on the part of the authorized representative. When the prosecutor's determination is that the authorized representative committed fraud, the authorized representative may be found liable for the overpayment.

(N) What is considered a failure in the application process?

Failure to cooperate in the application process and the verification requirements results in a denial of the OWF or RCA application. Failure occurs:

(1) When the information/verification is not provided after the county agency properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/verification is received by the county agency; or

(2) When the county agency is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled application interview.

(4) For OWF, when any work eligible individual, minor head of household, or adult member of the assistance group fails to enter into a written SSC with the county agency.

(O) What is the difference between a "request for public assistance" and a "request for information"?

The distinction is to be drawn between a "request for public assistance" (an application) and a "request for information" (an inquiry). An inquiry is not always going to result in an application. Any individual has the right to apply for benefits for themselves or on behalf of another individual.

Last updated July 16, 2024 at 2:47 PM

Supplemental Information

Authorized By: 5107.05, 5107.04, 5107.03, 5107.02, 5101.49
Amplifies: 5116.06, 5107.717, 5107.716, 5107.715, 5107.714, 5101.49, 5116.11, 5116.10, 5107.711, 5107.71, 5107.121, 5107.12, 5107.05, 5107.04,
Five Year Review Date: 11/1/2027
Prior Effective Dates: 11/1/1984, 4/1/1986, 1/1/1988 (Emer.), 10/1/1988 (Emer.), 12/20/1988, 4/1/1990 (Emer.), 6/22/1990, 10/25/1990, 1/1/1991 (Emer.), 1/1/1993 (Emer.), 10/1/1995, 12/15/1996, 10/1/1997 (Emer.), 12/30/1997, 8/1/2001, 5/1/2009, 12/1/2010, 2/1/2016

Rule 5101:1-2-10 | The recertification requirement.

• Effective: October 1, 2023
• Promulgated Under: 119.03

(A) What is the recertification process?

The recertification process is a periodic review and confirmation that the assistance group continues to meet all of the eligibility requirements of the program that benefits are being issued.

(B) When is a recertification of eligibility required?

(1) Every twelve months for Ohio works first (OWF) assistance groups not included in paragraph (B)(5) of this rule.

(2) Four, five, six or twelve months for OWF assistance groups who are:

(a) Expecting a change that would make them ineligible to receive cash assistance;

(b) Migrant farm workers; or

(c) Homeless.

(3) Twenty-four months for child only assistance groups receiving OWF.

(4) The inability to complete the recertification within the prescribed length of time shall not interfere with the prompt payment of benefits or be the basis for termination unless the assistance group fails to cooperate with the recertification.

(5) OWF assistance groups under a three-tier sanction who sign the JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the statewide automated eligibility system generated equivalent form and when it is received by the county agency on or before the last day of the sanction period as described in rule 5101:1-3-15 of the Administrative Code are not required to complete a recertification.

(C) What is the responsibility of the county agency in the recertification process?

The county agency is responsible for:

(1) Conducting an interview;

(2) Informing the assistance group of its required involvement and cooperation in the recertification process;

(3) Providing assistance in securing verifications and completing the voter registration forms when requested;

(4) Providing an interpreter at no charge to assistance groups with limited English proficiency;

(5) Obtaining verification of information that is new, has changed or is subject to change;

(6) Reviewing basic eligibility factors and explaining rights and reporting responsibilities;

(7) Completing the recertification in a timely manner;

(8) Updating all files upon completion of the recertification process; and

(9) Complying with rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (2008) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the ADA and offering additional screening to any work eligible individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(D) How is a recertification completed?

(1) The county agency shall conduct a recertification with a member of the assistance group or its authorized representative through:

(a) Telephone interview; or

(b) Face-to-face interview.

(2) Telephone interview

(a) A telephone interview may be conducted instead of a face-to-face interview.

(b) The county agency does not need to determine whether a hardship exists.

(c) The telephone interview notice shall be mailed in advance with the date, time and telephone number that the county agency worker will use to contact the assistance group.

(d) The county agency worker will gather the same information and verifications and take the same actions during the telephone interview as during a face-to-face interview.

(e) Once completed, the county agency worker shall provide the assistance group the following documents:

(i) An application as defined in rule 5101:1-2-01 of the Administrative Code; and

(ii) JFS 07217 "Voter Registration Notice of Rights and Declination" or the statewide automated eligibility system generated equivalent.

(f) For statewide automated eligibility system purposes, the signature date is the date that the county agency receives the signed JFS 07204 or its telephonic or electronic equivalent.

(g) To expedite the recertification process, the county agency may send the documents identified in paragraph (D)(2)(e) of this rule with the interview appointment letter.

(h) The recertification is not considered complete until all of the required documents are returned by the assistance group excluding the JFS 07217 that is not required to be returned. This includes all of the documents listed on the JFS 07105 "Application/Reapplication Verification Request Checklist."

(3) Face-to-face interview

(a) The county agency shall conduct a face-to-face interview when:

(i) The assistance group or authorized representative requests a face-to-face interview;

(ii) The assistance group or authorized representative does not have a telephone; or

(iii) The county agency worker determines that it is appropriate in order to resolve eligibility determination issues for the assistance group.

(b) When the recertification interview is conducted as a face-to-face interview, the provisions described in paragraphs (D)(2)(e) and (D)(2)(h) of this rule are applicable.

(4) Availability of the statewide automated eligibility system

When the statewide automated eligibility system is down or unavailable for an extended period of time, the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview" shall be used.

(E) When can an OWF assistance group that has already been approved have their established eligibility period adjusted to align with SNAP?

(1) When the assistance group applies for OWF within a certification period for SNAP, the OWF eligibility period may be adjusted to align with the certification dates already established for SNAP.

(2) When the assistance group has already been approved for OWF and applies for SNAP, the OWF eligibility period may be terminated early and a new eligibility period may be established.

(F) What is considered a failure to cooperate in the recertification process?

Failure to cooperate in the recertification process and the verification requirements shall result in the termination of OWF. Failure occurs:

(1) When the information/verification is not provided after the county agency properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/verification is received by the county agency;

(2) When the county agency is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When the assistance group fails to participate in a scheduled recertification interview.

(G) Reinstatement of benefits

(1) County agencies can reinstate benefits for assistance groups that have terminated for failure to provide required verifications or take a required action.

(2) The county agency shall reopen an assistance group that has been proposed for termination without requiring a new application when the required verifications are provided or actions are taken within thirty days of the benefit termination date.

(3) The county agency shall prorate the assistance group's benefits beginning the day the verifications were received or the action was taken.

(4) The assistance group has the option to refuse the pro-rated benefit.

Last updated October 2, 2023 at 8:25 AM

Supplemental Information

Authorized By: 5101.02, 5101.49, 5107.03, 5107.05
Amplifies: 5101.02, 5107.05, 5107.16
Five Year Review Date: 6/1/2025
Prior Effective Dates: 12/31/1977, 9/1/1982, 11/1/1984, 8/1/1986 (Emer.), 10/1/1987 (Emer.), 6/1/1991, 10/1/1991 (Emer.), 12/1/1991, 5/1/1993, 5/2/2005, 4/1/2010, 10/1/2016, 6/1/2020

Rule 5101:1-2-15 | Voter registration requirement.

• Effective: July 1, 2020
• Promulgated Under: 119.03

(A) What is the National Voter Registration Act (NVRA) of 1993?

(1) The NVRA, 52 U.S.C. 20501 (1993), establishes procedures to increase the number of eligible citizens who register to vote in elections for federal office.

(2) The NVRA requires states to provide voter registration services to all government agencies that provide public assistance, including county agencies.

(B) What is the role of the county agency?

The county agency shall do the following:

(1) In accordance with the NVRA and section 329.051 of the Revised Code, make voter registration applications available, as set forth in paragraph (B)(2) of this rule, to individuals applying for or in receipt of the following programs:

(a) Ohio works first (OWF);

(b) Prevention, retention and contingency (PRC);

(c) Supplemental nutrition assistance program (SNAP); and/or

(d) Medicaid.

(2) Provide the following forms with every application, recertification or change of address:

(a) The JFS 07200-VR "Voter Registration and Information Update Form" or the national mail voter registration application. The voter registration form shall be attached to all applications, recertifications and change of address materials.

(b) The JFS 07217 "Voter Registration Notice of Rights and Declination", or the county-created equivalent form or the statewide automated eligibility system generated equivalent. When the county agency creates its own form, the questions and statements set forth in the NVRA and section 3503.10 of the Revised Code must be on the form.

(i) Individuals who wish to register should check the "yes" box and individuals who do not wish to register should check the "no" box. Failure to check either box will be deemed a decision not to register to vote at that time.

(ii) When an individual checks "no" on the notice of rights and declination form, but completes the voter registration form, the county agency shall send the form to the local county board of elections.

(iii) The secretary of state does not require the submission of the notice of rights and declination form.

(iv) Information relating to a declination to register to vote in connection with an application made at the county agency shall not be used for any purpose other than voter registration.

(3) Assist the individual in completing the voter registration forms, unless the individual refuses such assistance. Each individual shall be provided the same degree of assistance with completion of the voter registration form as is provided with the completion of any public assistance form.

(4) Accept the completed voter registration form regardless of whether the form was distributed by the county agency. Completed voter registration forms may be returned to the county agency in person or through another person. When voter registration forms are accepted, they shall be date stamped using a date stamp that will not disclose the identity of the county agency or if no such date stamp is available, the date may be written on the voter registration form.

(5) Transmit completed voter registration forms to the appropriate local county board of elections within five days after the date of receipt by the county agency. The JFS 07218 "Agency-Based Registration Voter Registration Transmittal" shall be used for this purpose.

(6) Maintain confidentiality in voter registration procedures. The identity of the county agency from which voter registration forms are received shall remain confidential except as required by the secretary of state for record-keeping purposes.

(7) Establish an internal procedure for collection of all voter registration forms. The internal procedure shall include the selection of a designated individual within the agency to serve as coordinator for all activities related to the voter registration program. The requirements of the coordinator are listed in paragraph (D) of this rule.

(8) Provide the individual with an opportunity to register to vote with instructions when the county agency learns the individual was not given the opportunity to register to vote.

(C) What is the county agency not permitted to do?

(1) Seek to influence an individual's political preference or party registration;

(2) Display any such political preference or party allegiance;

(3) Make any statement to an individual or take any action with the purpose or the result is to discourage the individual from registering to vote; or

(4) Make any statement to an individual or take any action with the purpose or the result is to lead the individual to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(D) What is the role of the county agency voter registration coordinator?

The voter registration coordinator is responsible for administering all aspects of the voter registration program within the county agency as prescribed by the secretary of state and has the following specific responsibilities:

(1) Collect all voter registration forms.

(2) Transmit voter registration forms to the local county board of elections.

(3) Train all county agency employees who provide assistance in processing applications, recertifications, and changes of address with respect to the voter registration requirements:

(a) New county agency staff who have NVRA-related responsibilities shall receive training within the first month of their employment or before their first public contact, whichever occurs first.

(b) Current county agency employees shall receive training at least annually, with the first session occuring no later than September of each year.

(c) Records of staff training shall be maintained by the county agency and provided to the Ohio department of job and family services upon request.

(4) Maintain an adequate supply of the applications and forms identified in paragraphs (B)(2)(a) and (B)(2)(b) of this rule.

(5) Monitor voter registration activities.

(6) Resolve questions and problems that arise, in coordination with state or county election officials.

(7) Administer all aspects of the voter registration program for the county agency as prescribed by the secretary of state.

(8) The coordinator shall receive no additional compensation for performing such duties.

Supplemental Information

Authorized By: 5107.05
Amplifies: 329.051, 3503.10, 5101.54, 5107.05, 5108.02
Five Year Review Date: 7/1/2025
Prior Effective Dates: 7/1/2007

Rule 5101:1-2-20 | Ohio works first, and refugee cash assistance: verification and reporting requirements.

• Effective: October 1, 2024
• Promulgated Under: 119.03

(A) What is verification?

(1) "Verification" is a document or statement from a third party or collateral contact that confirms statements made by the assistance group regarding need and/or a specific eligibility factor.

(2) Verification establishes that the factors of eligibility are met and the assistance group is eligible to receive benefits under the program. Verification is not an eligibility requirement in its own right, but a method for assuring that an eligibility requirement is met.

(3) A telephone contact may be made by the county agency to secure verification. Written consent from the assistance group is necessary unless an exception described in rule 5101:1-1-03 of the Administrative Code is met. The following information is to be included:

(a) The name and telephone number of the person who gave the information;

(b) The name of the agency or business contacted, when appropriate;

(c) The date of the contact; and

(d) An accurate summary of the information.

(B) What is to be verified?

(1) All eligibility factors necessary to establish initial and continuing eligibility and items subject to change is to be verified at the time of application, reapplication and when a change in circumstances occurs in the assistance group. A change in circumstances includes the discovery of a discrepancy in income and a change in income amounts.

(2) All income of a member of the assistance group and any person whose income affects the assistance group are to be verified.

(C) What happens when verifications are not received?

(1) It is the assistance group's responsibility to provide the information necessary to establish eligibility.

(2) When the assistance group is aware of the requirements of verification but refuses to provide both consent and necessary verification, the county agency shall deny or terminate assistance as eligibility cannot be established.

(3) Assistance will not be terminated when the assistance group refuses to cooperate in validating past eligibility because past eligibility has no bearing upon present need and eligibility.

(4) The assistance group will not be compelled to cooperate in giving testimony or records that may prove guilt of a crime because of protections of the Fifth Amendment to the Constitution of the United States.

(D) When is verification not necessary?

(1) When the assistance group's own statement on the application establishes that the assistance group is ineligible for cash assistance, verification is not necessary. The county agency is to confirm the statement on the application to assure it was an accurate statement and not a mistake in completing the form.

(2) Verification of earned or unearned income is not necessary when the assistance group either alleges no income or employment in the current period and there is no reason to question the statement, or the assistance group reports earnings sufficiently high to make them clearly ineligible for benefits.

(3) Verification is not necessary when some other factor of eligibility, such as age or citizenship, is clearly not met.

(E) What are the county agency's responsibilities?

The county agency is to:

(1) Explain what verifications and information are necessary to establish eligibility for cash assistance programs. Explain where and how to obtain necessary verifications.

(2) Assist in securing all necessary verifications to establish eligibility when the assistance group requests such assistance because of an inability to provide them without the agency's help.

(3) Obtain the verifications when the assistance group is not financially able or is not competent to secure them. This is not to be interpreted as noncooperation, nor is it to be used to deny assistance.

(4) The JFS 07341 "Applicant/Recipient Authorization for Release of Information" is to be obtained each time verification of an eligibility factor is necessary.

(a) Written consent for verification of information from public records is not necessary.

(b) Verification need be obtained only once when the eligibility factor is not subject to change.

(F) How is verification handled between reapplications?

(1) The county agency is to pursue clarification and verification of the assistance group's circumstances by issuing the JFS 07105 "Verification Request Checklist" or the Ohio benefits integrated eligibility system generated equivalent, that clearly advises the assistance group of the verification it is to provide or the actions it is to take to clarify its circumstances.

(a) The JFS 07105 or the Ohio benefits integrated eligibility system generated equivalent are to afford the assistance group at least ten days to respond and to clarify its circumstances, either by telephone or by correspondence, as the county agency directs. It is to further state the consequences when the assistance group fails to respond to the county agency.

(b) When the assistance group does not respond to the county agency, or does respond but refuses to provide sufficient information to clarify its circumstances, the county agency is to terminate the cash assistance case.

(c) When the assistance group responds to the county agency and provides sufficient information, the county agency is to act on the new circumstances and adjust the budget accordingly.

(G) What happens when verification is not available or there is a discrepancy?

(1) When verification is not available through no fault of the assistance group, the determination is based on the best possible evidence.

(2) Where information from another source contradicts statements made by the assistance group, the assistance group is to be afforded a reasonable opportunity to resolve the discrepancy prior to an eligibility determination.

(3) In situations that there is no available verification, the county agency is not to deny or terminate the case but is to accept a signed affidavit, a third-party statement, notarized statement, or the statement on the application as verification when the information is consistent with other facts and statements.

(4) When the statement provided is incomplete and/or inconsistent and the assistance group is unable to clarify the statement, the county agency is to deny or terminate the case as eligibility cannot be established.

(5) The county agency is to exhaust all possibilities for verification before accepting these statements. The use of a statement is to be on a case-by-case basis. This approach is not to be used for the sole purpose of meeting the promptness requirement of rule 5101:1-2-01 of the Administrative Code.

(6) Homeless and migrant assistance groups may have difficulty accessing necessary verifications that may exist. In order to ensure that these assistance groups do not experience a lengthy delay in receiving Ohio works first (OWF) or refugee cash assistance (RCA) benefits, the following procedures are to be followed:

(a) Once the homeless or migrant assistance group has submitted verification of identity, the county agency is to approve the application for assistance when the assistance group appears to meet eligibility criteria based on statements on the application or a signed affidavit, and the best evidence available.

(b) The county agency is to attempt to obtain verification of all other eligibility factors by the next reapplication. When the verifications cannot be obtained by the next reapplication, the county agency is to continue the attempt and document in the case record.

(7) The methods used for verification are to be thoroughly documented in the case record. All documents submitted to the county agency are to be photocopied and retained in the case record.

(H) What are the assistance group's change reporting requirements and the time frames?

(1) The following changes are to be reported within ten calendar days of the date that the change occurs for OWF, or RCA assistance groups:

(a) Change in the source of earned and unearned income. This includes new employment, loss of employment, changing of jobs and initial receipt of unearned income;

(b) Change in the amount of gross monthly income of more than fifty dollars;

(c) Changes in the legal obligation to pay child support;

(d) Change in the assistance group composition;

(e) An assistance group member becomes pregnant, or a pregnancy ends when there are no other children;

(f) Change in residence;

(g) Withdrawal from school for individuals subject to the learning, earning and parenting program requirements;

(h) Change in address, job or other information related to an absent parent;

(i) Change in living arrangement for a minor parent;

(j) An assistance group member violates a condition of his probation or parole or becomes a fugitive felon.

(2) The county agency is to use the time frame provisions described in paragraph (L) of rule 5101:1-2-01 of the Administrative Code when calculating the ten day reporting time period.

Last updated October 1, 2024 at 9:01 AM

Supplemental Information

Authorized By: 5101.02, 5101.49, 5107.05
Amplifies: 5101.02, 5107.05
Five Year Review Date: 10/1/2025
Prior Effective Dates: 9/1/1982, 10/1/1987 (Emer.), 12/20/1991, 12/1/2006, 9/1/2018

Rule 5101:1-2-30 | Citizenship and alien status: Ohio works firstand disability financial assistance.

• Effective: June 1, 2021
• Promulgated Under: 119.03

(A) What eligibility standards are used to determine citizenship and alien status of individuals applying for or receiving Ohio works first (OWF)? .

To receive program benefits an individual is to be one of the following:

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

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

(2) Qualified alien:

(a) An alien who at the time of application or at the time of receipt of OWF is:

(i) An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (1952);

(ii) An alien granted asylum under the INA;

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

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

(v) An alien paroled into the U.S. under section 212 of the INA for a period of at least one year;

(vi) An alien whose deportation is being withheld under section 243 of the INA;

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

(viii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982);

(ix) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988);

(x) An alien or an alien's child battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse's or parent's family. This shall not apply to an alien during any period when the individual responsible for the abuse is residing in the same residence. Verification and documentation procedures for this status are defined in exhibit B of attachment 5 of the U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344); and

(xi) A victim of a severe form of trafficking in persons certified under the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000).

(a) A family member of a victim of a severe form of trafficking in persons who holds a visa, for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. 108-193, 117 Stat. 2875 (2003).

(b) An alien child pursuant to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105.

(b) Residents of the U.S. prior to August 22, 1996:

A qualified alien who entered the U.S. prior to August 22, 1996 and continuously resided in the U.S. until attaining qualified alien status shall continue to meet the citizenship requirements for OWF.

(c) Residents of the U.S. on or after August 22, 1996:

A qualified alien who enters the U.S. on or after August 22, 1996 does not meet the citizenship requirement for OWF with the following exceptions:

(i) Refugee's as described in paragraph (A)(2)(a)(iii) of this rule, eligibility is limited to five years from the date of entry into the U.S.;

(ii) Victims of severe forms of trafficking who are potentially eligible for benefits and services to the same extent as an alien admitted to the U.S. as a refugee in accordance with rules 5101:1-2-30.1 and 5101:1-2-30.3 of the Administrative Code;

(iii) Indefinite detainees or lifers after being convicted of a crime that triggers a final order of removal, may have a status making them potentially eligible in accordance with rule 5101:1-2-30.2 of the Administrative Code;

(iv) An alien granted asylum under the INA. Eligibility is limited to five years from the date asylum was granted;

(v) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C. 1101 (1/2014). Eligibility is limited to five years from the date of entry into the U.S.;

(vi) An alien whose deportation is being withheld under section 243 of the INA. Eligibility is limited to five years from the date of entry into the U.S.;

(vii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982). Eligibility is limited to five years from the date the status as a Cuban or Haitian entrant is granted;

(viii) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988). Eligibility is limited to five years from the date the individual was admitted into the U.S. as an Amerasian immigrant;

(ix) Aliens lawfully admitted into the U.S. for permanent residence under the INA and have worked forty qualifying quarters of coverage under Title II of the Social Security Act or can be credited with quarters that are creditable for any period beginning after December 31,1996 and did not receive any federal means-tested public benefit during any quarter.

Qualifying quarter shall be credited as follows:

(a) All quarters of coverage worked by a natural or adoptive parent when the quarters were worked before the date the alien attains age eighteen; and

(b) All quarters worked by a spouse of such alien during their marriage when the alien remains married to such spouse or such spouse is deceased.

(c) A qualifying quarter does not include any quarter after December 31, 1996 when the individual worked and also received a federal means-tested public benefit.

(x) Veterans and active duty service personnel lawfully residing in Ohio and are:

(a) A veteran with an honorable discharge and not on account of alienage; or

(b) On active duty (other than active duty for training) in the U.S. armed forces as defined in 38 U.S.C. 5303A(d) (1998).

(c) The surviving spouse of a deceased veteran or individual on active duty, provided the spouse has not remarried and the marriage fulfills the requirements of 38 U.S.C. 1304 (1991) or the unmarried dependent child(ren) of an individual as defined in paragraph (A)(2)(x) of this rule.

(d) Filipino war veterans who fought in World War II as described in 38 U.S.C. 107 (2010).

(B) What happens if an eligibile alien category changes? .

Each category of eligible alien status stands alone for purposes of determining eligibility. Subsequent changes to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, when eligibility expires under one eligibility status, the county agency is to determine when eligibility exists under another status.

(C) What is the time frame for submitting documentation of eligible alien status?

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

(D) How is the validity of documents verified?

(1) The county agency shall verify the validity of the documentation of eligible alien status of applicant aliens. When an alien does not wish the county agency to contact the department of homeland security to verify his or her immigration status, the county agency shall give the assistance group the option of withdrawing its application or participating without that assistance group member. The U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344) contains information on acceptable documents and INS codes.

(2) The county agency shall verify the validity of the documents presented by applicant aliens through the systematic alien verification for entitlements (SAVE) program as described in rule 5101:1-1-50 of the Administrative Code.

Last updated June 1, 2021 at 9:00 AM

Supplemental Information

Authorized By: 5107.05
Amplifies: 5107.05
Five Year Review Date: 6/1/2026
Prior Effective Dates: 1/1/1981, 7/1/1988 (Emer.), 9/25/1988, 7/1/1998, 8/1/2001, 10/1/2008

Rule 5101:1-2-30.1 | Benefit eligibility: victims of trafficking.

• Effective: July 8, 2019
• Promulgated Under: 119.03

According to 22 U.S.C. 7105 (12/2018) a victim of a severe form of trafficking is eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under 8 U.S.C. 1612 (9/2008).

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

As described in 22 U.S.C. 7102 (10/2018), the term "severe form of trafficking in persons" means:

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age; or

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

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

The office of refugee resettlement (ORR) within the department of health and human services will make certification determinations for victims of a severe form of trafficking.

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

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

(C) What are the county agency responsibilities in determining eligibility for a victim of a severe form of trafficking?

(1) The county agency shall:

(a) Accept the letters described in paragraph (B) of this rule in place of the citizenship and immigration service documentation and retain a copy in the case file.

(b) Call ORR for assistance if an individual presents an expired letter when applying for benefits or when a redetermination is being completed and the county agency finds that a certification letter has expired.

(c) Call the trafficking verification telephone line to confirm the validity of the certification letter before providing benefits. During the verification telephone call, notify ORR of the benefits for which the victim of trafficking has applied.

(d) Note the individual's entry date for refugee benefit purposes once the letter described in paragraph (B) of this rule is received and the validity of the document is verified by calling the trafficking verification telephone line. The entry date is the date of certification.

(e) Determine eligibility or redetermine eligibility in accordance with the appropriate program rules.

(f) Issue benefits and services to the same extent as a refugee, when the applicant meets other program eligibility criteria (e.g., income levels).

(2) The county agency shall not:

(a) Require a victim of a severe form of trafficking to provide any other immigration documents to receive benefits.

(b) Contact the systematic alien verification for entitlements (SAVE) to confirm eligibility for benefits. The SAVE system does not contain information about a victim of a severe form of trafficking.

(c) Automatically deny benefits when the individual is unable to provide verification of identity. The county agency shall call the trafficking verification telephone line for assistance.

(d) Delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a social security number. When an individual is required to provide or apply for a social security number for another benefit program, such as medicaid, Ohio works first, or supplemental nutrition assistance program; or the victim of a severe form of trafficking does not yet have or is unable to obtain a social security number for work purposes, the individual shall:

(i) Complete the SS-5, "Social Security Administration Application for a Social Security Card" form;

(ii) Provide all department of homeland security documents;

(iii) Provide a passport; and

(iv) Provide a state identification card or driver's license.

(D) What if an individual does not have certification from ORR?

The county agency shall contact ORR when it encounters:

(1) An individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification; or

(2) A child believed to have been subjected to a severe form of trafficking who lacks an eligibility letter.

Last updated December 9, 2024 at 8:51 AM

Supplemental Information

Authorized By: 5101.02, 5101.49, 5107.05
Amplifies: 5101.02, 5101.49, 5107.05
Five Year Review Date: 1/1/2030
Prior Effective Dates: 7/1/2005

Rule 5101:1-2-30.2 | Benefit eligibility: indefinite detainees or lifers.

• Effective: September 1, 2022
• Promulgated Under: 119.03

(A) Are indefinite detainees or lifers eligible for benefits?

Some indefinite detainees or lifers released from detention may have a status as refugees or may receive a status that makes them potentially eligible for refugee cash assistance (RCA) or Ohio works first (OWF).

(B) Who are indefinite detainees or lifers?

Indefinite detainees or lifers are non-citizens who, after having served time for a criminal conviction and are given a final order of removal by the department of homeland security (DHS) United States citizenship and immigration services (USCIS), remain indefinitely in the United States (U.S.) because their home country and no other country will accept them. An alien's detention is limited to a period reasonably necessary to bring about the alien's removal from the U.S. and does not permit indefinite detention.

(C) What shall an indefinite detainee or lifer provide when applying for benefits?

(1) An "Order of Supervision" (USCIS I-220B) in accordance with 8 C.F.R. 241.5 (8/2011). The order of supervision should include the individual's alien registration number and notation concerning exclusion, deportation or removal. The order shall specify the conditions of supervision including but not limited to a requirement that the alien:

(a) Report to a specified officer periodically and provide relevant information under oath as directed;

(b) Continue efforts to obtain a travel document and assist in obtaining a travel document;

(c) Report as directed for a mental or physical examination or examinations as directed;

(d) Obtain advance approval of travel beyond previously specified times and distances; and

(e) Provide DHS with a written notice of any change of address.

(2) Posting of bond. An officer authorized to issue an order of suspension may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal.

(3) Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion, grant employment authorization to an alien released under an order of supervision if the officer finds that:

(a) The alien cannot be removed in a timely manner; or

(b) The removal of the alien is impracticable or contrary to public interest.

(D) What are the responsibilities of the county agency?

The county agency shall:

(1) Collect as much of the following information from the applicant as possible;

(a) Name;

(b) Alien registration number ("A number");

(c) Date of birth;

(d) Social security number;

(e) Home country;

(f) Number on the I-94 "Arrival-Departure Record";

(g) Parent's name;

(h) Driver's license number; and

(i) Copies of any immigration documents.

(2) Call the office of refugee resettlement (ORR) to inform them about the need for an eligibility determination for an indefinite detainee.

(3) Send the collected information from the applicant and contact information for the eligibility determiner handling the case at the county agency to the ORR. The ORR will work with the USCIS to determine the applicant's original status, entry date and eligibility.

(4) After information has been received by the county agency, the ORR may contact the county agency for additional information. The ORR will notify the county agency of the applicant's status, entry date and eligibility.

(5) Based upon the information received from ORR, the county agency shall determine eligibility of the indefinite detainee or lifer for RCA benefits in accordance with rule 5101:1-2-40.1 of the Administrative Code or for OWF benefits in accordance with division 5101:1 of the Administrative Code.

Last updated September 1, 2022 at 8:28 AM

Supplemental Information

Authorized By: 5101.02,5101.49,5107.05
Amplifies: 5101.02, 5101.49, 5107.05
Five Year Review Date: 9/1/2027
Prior Effective Dates: 6/1/2017

Rule 5101:1-2-30.3 | Benefit eligibility: family members of victims of trafficking.

• Effective: February 1, 2022
• Promulgated Under: 119.03

According to 22 U.S.C. 7105 (12/2018) certain family members of a victim of a severe form of trafficking are eligible for benefits and services to the same extent as refugees.

(A) Who is considered a family member of a victim of trafficking?

A holder of a T-2, T-3, T-4, T-5 or T-6 visa (hereafter, "derivative T visa") is considered a family member of a victim of a severe form of trafficking.

(B) What are the county agency responsibilities in determining eligibility for family members of a victim of a severe form of trafficking?

The county agency shall:

(1) Accept the derivative T visa of a non-immigrant (i.e., an alien who is allowed to enter the United States (U.S.) for a specific purpose and for a limited period of time).

(a) For an individual who is already present in the U.S. on the date the derivative T visa is issued, the date of entry for benefits and services is the notice date on the I-797 form, "Notice of Action" on the individual's derivative T visa.

(b) For an individual who enters the U.S. on the basis of a derivative T visa, the date of entry for benefits and services is the date of entry stamped on that individual's passport or I-94 arrival record.

(2) Call the trafficking victim verification line to notify the office of refugee resettlement of the benefits that the individual has applied for.

The health and human services systematic alien verification for entitlements (SAVE) system does not contain information about non-immigrant alien family members. The county agency shall not contact the SAVE system to confirm eligibility for benefits.

(3) Determine eligibility or redetermine eligibility in accordance with the appropriate program rules.

(4) When the applicant meets other program eligibility criteria (e.g. income levels), the county agency shall issue benefits and services to the same extent as a refugee.

Last updated December 9, 2024 at 8:51 AM

Supplemental Information

Authorized By: 5101.02, 5101.49, 5107.05
Amplifies: 5101.02, 5101.49, 5107.05
Five Year Review Date: 1/1/2030
Prior Effective Dates: 5/1/2014, 7/8/2019

Rule 5101:1-2-35 | Sponsor-to-alien deeming requirements: Ohio works firstand disability financial assistance.

• Effective: September 1, 2022
• Promulgated Under: 119.03

(A) What is the sponsor-to-alien deeming requirement?

In the determination of eligibility for cash assistance benefits, the county agency is required to deem a sponsor's income and resources to the alien. The United States citizenship and immigration services (USCIS) form I-864, "Affidavit of Support" has been developed for the determination of the sponsor-deeming directive and is available at https://www.uscis.gov/i-864.

(B) Who is considered a sponsor?

(1) A sponsor is anyone who executes the I-864 "Affidavit of Support" on behalf of an alien as a condition of the alien's entry into the United States (U.S.).

(2) Pursuant to section 213A of the Immigration and Nationality Act (INA) (1954), the I-864 is completed when the income and or resources of the sponsor and any other household member are used to qualify an alien for sponsorship.

(C) Who is not subject to the sponsor-to-alien deeming requirements?

An assistance group that consists of:

(1) An alien who is a minor child when the sponsor of the alien or any spouse of the sponsor is a parent of the alien;

(2) An alien admitted to the U.S. as a refugee;

(3) An alien paroled into the U.S. for a period of at least one year;

(4) An alien granted political asylum by the attorney general of the U.S.;

(5) A lawful permanent resident who applied for an immigrant visa at a consular's office or adjustment of status to lawful permanent resident before December 19, 1997;

(6) A qualified alien who is sponsored by an organization or who is not a lawful permanent resident and who is not required to have a sponsor;

(7) A victim of a severe form of trafficking, as defined in rule 5101:1-2-30 of the Administrative Code;

(8) Certain family members of a victim of a severe form of trafficking as described in rule 5101:1-2-30.3 of the Administrative Code;

(9) A lawful permanent resident entering employment or other non-family categories, such as the diversity category (i.e., lottery immigrants) where a person did not have to sign the I-864 affidavit. Persons from countries with low rates of immigration are allowed into the U.S. through a lottery system;

(10) An alien or alien's child who has been determined to be a victim of domestic violence or extreme cruelty is exempt for a period of twelve months:

(a) A county agency may use any credible evidence of abuse that is available to make a determination. This would include, but is not limited to reports or affidavits from police, judges, other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel, protection orders, affidavits from family members or others who have a personal knowledge of the battery or extreme cruelty, photographs of injuries, and the applicant's own credible affidavit.

(b) The deeming exemption may not apply to the alien's benefits during any period that the individual responsible for such battery or cruelty resides in the same household or family eligible unit as the individual who was subjected to such battery or cruelty.

(c) The exemption can be extended beyond twelve months when the abuse or cruelty is recognized by a court order, an administrative law judge or the USCIS, and the victim does not live with the batterer. However, the county agency shall notify the Ohio department of job and family services, office of families and children, of each such determination so information may be forwarded to the USCIS. The name of the sponsor(s) and the sponsored lawful permanent resident(s) involved should be provided;

(11) An alien child of a battered parent, as described in rule 5101:1-2-30 of the Administrative Code;

(12) An indigent alien who has been determined by the county agency to be unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. In this instance, only the amount of income and resources actually provided by the sponsor or sponsor's spouse should be considered. The exemption is granted for a twelve-month period beginning on the date the determination is made;

(13) An alien whose sponsor signed an affidavit(s) of support other than the I-864 affidavit of support; and

(14) Cuban and Haitian entrants.

(D) How is the sponsor-to-alien deeming requirement applied?

(1) The sponsor and sponsor's spouse do not have to reside in the household of the sponsored alien or any member of the alien's assistance group for the deeming provision to apply.

(2) An alien whose sponsor signed an I-864 affidavit on or after December 12, 1997 and applies for Ohio works first (OWF), is subject to the deeming requirement upon the expiration of the five-year ban on receipt of OWF benefits as described in rule 5101:1-2-30 of the Administrative Code.

(3) The income of the sponsor and the sponsor's spouse shall be deemed in accordance with the income allocation methodology as described in rule 5101:1-23-20 of the Administrative Code.

(4) Deemed income shall be considered unearned income, and unearned income and resources shall be equally divided and budgeted among the sponsored aliens. This deeming applies until the alien meets one of the requirements outlined in paragraph (C) of this rule.

(5) When an alien has two sponsors, both of whom executed an I-864 and an I-864A, "Contract Between Sponsor and Household Member" affidavit, the income and resources of both the primary and joint sponsor(s), as well as their respective spouses shall be deemed to the sponsored lawful permanent resident.

(6) An alien sponsored pursuant to an I-864 and an I-864A affidavit shall be required to provide such information and documentation with respect to the alien's sponsor as may be necessary in order to make a determination of eligibility required by this rule, and to obtain any cooperation from the sponsor necessary for any such determination. This includes such information and documentation that the alien or the alien's sponsor provided in support of the alien's immigration application.

(7) When an accepted I-864 and an I-864A affidavit provides that an alien is not excludable as a public charge, the sponsor agrees to financially support the alien so that the alien will not become a public charge. Upon notification that a sponsored alien has received a benefit, the county agency shall request reimbursement by the sponsor for the alien's assistance. A public charge means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence.

(E) How long do the deeming requirements apply?

Deeming applies until the alien:

(1) Becomes a U.S. citizen;

(2) Has earned or can be credited with forty qualifying quarters of work as defined in rule 5101:1-2-30 of the Administrative Code; or

(3) Departs the U.S. permanently or dies.

Last updated September 1, 2022 at 8:28 AM

Supplemental Information

Authorized By: 5107.03, 5107.05, 5107.76
Amplifies: 5107.03, 5107.05, 5107.76
Five Year Review Date: 9/1/2027
Prior Effective Dates: 7/1/1983, 10/1/1984 (Emer.), 7/1/1988 (Emer.), 12/15/1996

Rule 5101:1-2-40.1 | Refugee cash assistance.

• Effective: October 1, 2022
• Promulgated Under: 119.03

Refugee cash assistance (RCA) provides time-limited cash assistance to refugees who meet the other eligibility requirements of this rule.

(A) The following definitions are applicable to this rule:

(1) "Assistance group" means the following individuals who live in the same household:

(a) Individual adults;

(b) Married individuals without children; or

(c) Parents, custodial relatives or legal guardians with minor children.

(2) "Employable" means any refugee who has not documented that the refugee is:

(a) Under the age of sixteen;

(b) Over the age of sixty-four;

(c) Under the age of nineteen and a full-time student in a secondary school or in the equivalent level of vocational or technical training;

(d) The sole caregiver for a child under one year of age or other fully dependent person; or

(e) Unable to work due to physical or mental health reasons.

(3) "Entry date" is the date the individual entered the U.S. in an eligible status, or the date an eligible status was granted in the U.S.

(a) The entry date for an asylee is the date asylum status was granted in the U.S.

(b) The entry date for individuals from Cuba or Haiti is the date documentation of status was issued by the United States citizenship and immigration services (USCIS).

(c) The entry date for an adult victim of a severe form of trafficking is the certification date from the department of health and human services, office of refugee resettlement (ORR).

(d) The entry date for a minor victim of a severe form of trafficking is the eligibility date from the letter issued by the ORR.

(e) The entry date for a child with an interim assistance letter is the eligibility date from the letter issued by the ORR.

(f) The entry date for Iraqi and Afghan individuals holding special immigrant visa status is the date the individual entered the U.S. or the date special immigrant status was granted in the U.S.

(4) "Mandatory participant" is any employable refugee receiving RCA who is required to participate in a refugee support services (RSS) program.

(5) "Matching grant program" is an alternative to public assistance. The program is provided by a resettlement agency and is designed to enable refugees to become self-sufficient within four to six months from their entry date. The ORR enters into agreements with resettlement agencies to provide case management, employment services, maintenance assistance and cash allowances to refugees who volunteer to participate in the program. As a condition of participation in the matching grant program, a refugee agrees not to access public cash assistance. The matching grant program begins the thirty first day after the entry date and typically ends three months later.

(6) "Reception and placement grants" are one-time cash grants from the U.S. department of state or department of justice to the resettlement agency on behalf of the refugee. This money is used to provide for the refugee family's immediate needs upon arrival to the U.S. and is not considered as income.

(7) "Refugee" means an individual with original documentation issued by the USCIS or the ORR, of one of the following statuses under the Immigration and Nationality Act of 1952 (INA):

(a) Paroled as a refugee or asylee under section 212 (d)(5) of the INA, 8 U.S.C. 1182 (3/2013);

(b) Admitted as a refugee under section 207 of the INA, 8 U.S.C. 1157 (05/2005);

(c) Granted asylum under section 208 of the INA, 8 U.S.C. 1158 (12/2008);

(d) An alien who is a Cuban or Haitian entrant as defined in 45 C.F.R., part 401 (03/2000);

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

(f) A victim of a severe form of human trafficking, as defined in the Victims of Trafficking and Violence Protection Act of 2000, 114 Stat. 1464, 22 U.S.C. 7102, who has a letter documenting eligibility as such from the ORR;

(g) A family member of a victim of a severe form of human trafficking, as defined by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193;

(h) An alien child issued an interim assistance letter from the ORR pursuant to the William Wilberforce Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105;

(i) An Afghan or Iraqi alien admitted in accordance with Pub. L. No 110-161 of the Consolidated Appropriations Act of 2008 and Pub. L. No 110-181 of the National Defense Authorization Act for Fiscal Year 2008, who was granted a special immigrant visa under section 101(a)(27) of the INA; or

(j) A lawful permanent resident, provided the individual previously held one of the statuses identified in paragraphs (B)(10)(a) to (B)(10)(i) of this rule. The beginning date for eligibility for benefits is based on the entry date in the previous status.

(k) Citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act between July 31, 2021 and September 30, 2022.

(l) A spouse or child of any Afghan humanitarian parolee described in paragraph (A)(7)(k) of this rule, who is paroled into the United States after September 30, 2022.

(m) A parent or legal guardian of an Afghan humanitarian parolee who is determined to be an unaccompanied child as defined by 6 U.S.C. 279 (g)(2) (12/2008), who is paroled into the United States after September 30, 2022.

(n) Citizens and nationals of Afghanistan for whom refugee and entrant assistance activities are authorized (e.g. special immigrant visa holders, special immigrants with conditional permanent residency, SQ/SI parolees, refugees, asylees).

(8) "Refugee Support Services" (RSS) is a program designed to assist refugee in becoming self-sufficient. RSS providers have entered into grant agreements with the Ohio department of job and family services.

(9) "Resettlement agency" is a local affiliate or subcontractor of a national voluntary agency that has entered into a grant, contract, or cooperative agreement with the United States department of state or other appropriate federal agency to provide for the reception and initial placement of refugees in the U.S.

(10) "Sponsor" means an individual, church, civic organization, state or local government, or other group or organization which has agreed to help in the reception and initial placement of refugees in the U.S. and other public and private non-profit agencies.

(B) Who is eligible for RCA?

A refugee as described in paragraph (A)(7) of this rule:

(1) Who is not eligible for "Ohio Works First" (OWF) or "Supplemental Security Income" (SSI);

(2) Whose entry date is within twelve months of the application date; and

(3) Who is not participating in a matching grant program through a resettlement agency;

(4) Who is not a full-time student in an institution of higher education;

(5) Who meets the application and income requirements of this rule; and

(6) Who has not quit a job or refused a valid offer of employment within the immediate thirty calendar days preceding the refugee's application for cash assistance.

(C) How long may a refugee receive RCA?

(1) A refugee can receive RCA for twelve months from their date of entry. The eligibility period for RCA begins with the refugee's entry date and ends the last day of the twelfth month after the entry date.

(2) The eligibility period for a refugee child with an interim assistance letter from the department of health and human services, office of refugee resettlement (ORR) ends ninety days after the refugee child's entry date.

(D) What are the eligibility criteria for RCA?

(1) The application process and procedures are described in rule 5101:1-2-01 of the Administrative Code.

(2) Income eligibility, budgeting requirements and payment levels described in rule 5101:1-23-20 of the Administrative Code must be applied in the determination of initial eligibility, continued eligibility, and the amount of cash assistance for RCA.

(a) The following are not included in the eligibility determination:

(i) Resources remaining in the individual's country of origin;

(ii) Any assistance a refugee receives from a resettlement agency as part of the reception and placement grant; or

(iii) Resources and income of a sponsor.

(b) When a required member of the RCA assistance group is ineligible for RCA because the member fails to meet the immigration status requirements as specified in paragraph (A)(7) of this rule, because they exceed the time limitation as specified in paragraph (B)(2) of this rule, or because the individual failed to meet the conditions set forth in paragraph (I) of this rule, the income of the ineligible member is included in the determination of eligibility and payment level for the remaining member(s) of the RCA assistance group, as described in paragraph (A)(2)(c) of rule 5101:1-23-20 of the Administrative Code.

(3) The county agency shall prorate a payment when an assistance group has eligibility for less than a month's benefit as described in paragraph (G) of rule 5101:1-23-40 of the Administrative Code.

(4) When a refugee applies for RCA and the only assistance payment would be for the refugee's last month of eligibility, the assistance payment must be made for that month, even if the payment is not issued until after the end of the last month of time-limited eligibility.

(5) All refugees who allege blindness or a disability, or who are at least sixty-five years of age, shall be immediately referred to the social security administration to apply for SSI.

(a) When a refugee has applied for SSI, the refugee may receive RCA until SSI benefits are approved for as long as the conditions of eligibility for RCA are met.

(b) When an SSI payment is made in the same month an RCA benefit is issued, the county agency must initiate overpayment activity in accordance with rule 5101:1-23-70 of the Administrative Code.

(E) What are the county agency's administrative responsibilities?

(1) Verification and reporting procedures are described in rule 5101:1-2-20 of the Administrative Code.

(2) Verification of the authenticity of documents provided by the individual through the automated systematic alien verification for entitlements (SAVE) system, as described in rule 5101:1-1-50 of the Administrative Code, applies to applicants for RCA.

(3) When a refugee receiving reception and placement services from a resettlement agency applies for cash assistance, the county must:

(a) Promptly notify the local resettlement agency that the refugee applied for cash assistance,

(b) Confirm with the resettlement agency that the refugee has not voluntarily quit or refused a valid offer of employment in the thirty days prior to applying for cash assistance

(c) Notify the resettlement agency of any action which involves: the termination of benefits, the removal of one or more people from an assistance group, or a change in the delivery of benefits.

(4) Rule 5101:1-1-03 of the Administrative Code applies to the confidentiality, safeguarding and sharing of information related to applicants, recipients or former recipients of RCA.

(5) Rules 5101:1-23-70 and 5101:1-23-60 of the Administrative Code regarding recovery of overpayment and corrections of underpayments apply to former and current recipients of RCA.

(6) An RCA applicant or recipient has all the hearing and notice requirement rights set forth in division 5101:6 of the Administrative Code.

(7) The criteria for destruction of RCA assistance group records is subject to the procedures described in rule 5101:9-9-21 of the Administrative Code.

(F) What are the work activity requirements for recipients of RCA?

(1) Employable RCA recipients must participate in a RSS program, if services are provided in their county.

(2) There is no minimum number of hours of participation in employment or employability services to receive RCA.

(3) OWF work activity requirements do not apply to recipients of RCA.

(G) What are the responsibilities of a county agency when there is an RSS provider in that county?

County agencies shall:

(1) Refer all employable RCA recipients to receive employment services through a provider of RSS services or within thirty days of receipt of assistance.

(2) Inform a refugee receiving RCA in writing that failure without good cause to participate in employment services and employability services may affect the assistance payment.

(3) Monitor changes in exemption status and refer refugees who are not exempt from participation to RSS providers.

(4) Refer refugees who is not required to participate, to a RSS provider, if the individual volunteers to participate in the program. The cash benefit cannot be impacted by failure or refusal to participate.

(H) What are the responsibilities of county agencies without a provider or RSS services?

(1) Agencies may refer RCA recipients to employment services and English language training in their area.

(2) RCA benefits cannot be impacted by a refugee's failure to voluntarily participate in services.

(I) What are the refugee's responsibilities?

(1) The refugee must provide documentation of refugee status, as described in paragraph (A)(7) of this rule.

(2) The refugee must provide the name of the resettlement agency that helped with resettlement in the United States. Not all individuals described in paragraph (A)(7) of this rule have worked with a resettlement agency and are therefore exempt from this requirement.

(3) As a condition of receipt of RCA, all employable assistance group members are required to:

(a) Participate in a RSS program, with a provider if the program is available in the county in which they reside within thirty days of receipt of assistance;

(b) Comply with the provisions of the individual employability plan as written by a RSS provider;

(c) Go to job interviews arranged by the county agency, provider or resettlement agency which was responsible for the initial resettlement of the refugee; and

(d) Accept at any time, from any source, an offer of employment that has been determined appropriate by the RSS provider.

(4) No individual may be required to accept employment if:

(a) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or

(b) The individual would be required to work for an employer contrary to the conditions of existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which the refugee is a member may be deemed appropriate.

(5) A refugee is not required to accept an offer of employment if such a job would interrupt a program of services planned or in progress if:

(a) The refugee is currently participating in on-the-job training provided at the employment site and is expected to result in full-time, permanent, unsubsidized employment with the employer who is providing the training; or

(b) The refugee is participating in vocational training that;

(i) Does not exceed one year;

(ii) Is appropriate to the local labor market needs and is of sufficient quality to meet the requirements of local employers; and

(iii) Is provided to the fullest extent possible outside normal working hours to avoid interference with employment; or

(c) The refugee is participating in skills recertification services to help the refugee qualify to practice their profession in the United States. The training may consist of full-time attendance in a college or professional training program provided that;

(i) The refugee is employed;

(ii) The training is part of the refugee's individual employability plan;

(iii) The training does not exceed one year in duration, including any time enrolled in such a program in the United States prior to the refugee's application for assistance;

(iv) The training is specifically intended to assist refugees in becoming certified in their professions; and

(v) If the training is completed, it can realistically be expected to result in such certification.

(6) The inability to communicate in English does not exempt a refugee from participation in employment services or acceptance of appropriate offers of employment.

(7) The refugee has ten calendar days to report a change in employment status or any other factor that may affect eligibility to the county agency or the provider.

(J) What if the refugee fails or refuses to cooperate with the individual employability plan, voluntarily quits a job or refuses a job offer?

(1) The county agency must determine whether good cause exists as described in rule 5101:1-3-13 of the Administrative Code.

(2) When an employable refugee quits a job or fails or refuses, without good cause, to comply with paragraph (I)(3) of this rule, sanctions are applied.

(a) The sanction period is three payment months for the first failure. RCA is terminated for any subsequent failure.

(b) If the sanctioned individual is the only member of the RCA assistance group, the assistance must be terminated for the sanction period.

(c) If there are other assistance group members, the county agency must not take into account the sanctioned individual's needs in determining the remaining assistance group's need for assistance.

Last updated October 3, 2022 at 8:42 AM

Supplemental Information

Authorized By: 5101.02, 5101.49
Amplifies: 5101.02, 5101.49
Five Year Review Date: 8/1/2025
Prior Effective Dates: 10/21/1982, 5/1/1984, 7/1/1984, 10/1/1984 (Emer.), 12/20/1991, 10/1/1992 (Emer.), 9/1/1994, 7/1/1998, 6/1/2015, 1/1/2016

Rule 5101:1-2-50 | Ohio works now.

• Effective: October 1, 2023
• Promulgated Under: 119.03

The Ohio works now (OWN) program provides additional food assistance benefits to supplemental nutrition assistance program (SNAP) assistance groups with minor children and employed parents to help offset the cost of being employed. The OWN food assistance benefit is part of the temporary assistance for needy families program (TANF) and therefore is subject to the requirements of Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601.

(A) Who will receive the OWN food assistance benefit?

(1) Participation in the OWN program is determined automatically on a monthly basis based on data in the Ohio benefits integrated eligibility system.

(2) For members of a SNAP assistance group to receive the OWN benefit, data in the Ohio benefits integrated eligibility system must indicate the assistance group:

(a) Includes a minor child as defined in rule 5101:1-1-01 of the Administrative Code and the biological or adoptive parents of the minor child residing in the same household; or a pregnant woman with no other children; and

(b) At least one parent must be working thirty hours per week, with the exception of a single parent with a child under age six who is required to work twenty hours per week. Two-parent households are required to work a combined fifty-five hours per week with one parent working at least thirty hours per week.

(c) Meets federal TANF requirements under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, including citizenship.

(B) Who will not receive the OWN food assistance benefit?

(1) Any SNAP assistance group that includes a member that is also receiving Ohio works first (OWF) benefits in the month, including OWF benefits received pending a state hearing pursuant to rule 5101:6-4-01 of the Administrative Code;

(2) A member of a SNAP assistance group that is receiving SNAP pending a state hearing on the issue of termination of benefits pursuant to rule 5101:6-4-01 of the Administrative Code; and

(3) Any SNAP assistance group that no longer meets the criteria described in paragraph (A)(2) of this rule.

(C) How are OWN food assistance benefits issued?

(1) OWN food assistance benefits will be issued to eligible assistance groups on their existing SNAP electronic benefit transfer (EBT) card.

(2) OWN food assistance benefits shall be used pursuant to rule 5101:4-1-04 of the Administrative Code.

(D) Are OWN benefits subject to OWF and SNAP requirements?

(1) A family in receipt of OWN food assistance benefits is not subject to OWF requirements, including, but not limited to:

(a) Assigning child support or cooperating with child support enforcement as described in rule 5101:1-3-10 of the Administrative Code.

(b) Participating in work activities as described in rule 5101:1-3-12 of the Administrative Code.

(c) Counting any month of receipt toward the time-limited receipt of TANF assistance as described in rule 5101:1-23-01 of the Administrative Code.

(2) OWN food assistance benefits shall not be used in the calculation of participation hours for the SNAP employment and training program as described in rule 5101:4-3-31 of the Administrative Code.

(3) The OWN food assistance benefit shall not be considered in the SNAP income eligibility determination and allotment amount.

(E) How are the amount and duration of the OWN benefit determined?

(1) The amount of OWN food assistance benefits to be issued will be determined by the Ohio department of job and family services (ODJFS) and will be the same amount for each eligible SNAP assistance group. The monthly amount of OWN food assistance will be described in an ODJFS cash assistance action change transmittal letter that will be distributed to all county agencies.

(2) No more than one OWN food assistance benefit may be issued to a SNAP assistance group per month.

(3) In order to confine OWN expenditures to appropriated state funds, the director of ODJFS, or his designee, may issue an order at any time suspending the program or reducing the benefit amount. The order will be distributed to all county agencies on the same day and will remain in effect until rescinded.

(F) What is the county agency's responsibility in the case of erroneous payments or fraud?

(1) Each county agency shall take action to recover fraudulent assistance as defined by rule 5101:1-23-75 of the Administrative Code.

Cash, check, money order and credit or debit cards are acceptable forms of repayment; however, when a county agency does not have the capability to accept credit or debit cards it does not have to accept this form of repayment.

(2) OWN food assistance benefits shall not be used to repay a claim of erroneous payment or overpayment for any public assistance program.

Last updated October 2, 2023 at 8:22 AM

Supplemental Information

Authorized By: 5101.80
Amplifies: 5101.801
Five Year Review Date: 5/1/2027
Prior Effective Dates: 1/1/2012

Rule 5101:1-2-60 | Repatriate program.

• Effective: January 10, 2021
• Promulgated Under: 119.03

(A) What is the repatriate program?

The United States (U.S.) repatriate program provides temporary financial assistance, care and treatment for persons after they have returned to this country as a result of a reason described in paragraph (C)(3) of this rule.

(B) What is temporary financial assistance?

(1) Temporary financial assistance is provided in the form of a loan that is required to be repaid to the U.S. government. It may be furnished to individuals for a period of time in accordance with paragraph (F) of this rule.

(2) Temporary financial assistance:

(a) Includes cash assistance at the port of entry when it is determined that the repatriate has no such resources immediately available to him or her. Assistance provided to the individual includes:

(i) Transportation costs - a one-time expense to assist individuals in reaching their place of residence, the home of relatives, or the place where they will be resettled. The lowest cost and most direct means of transportation shall be used unless effective service to the individual calls for providing other accommodations. Transportation assistance will cover expenses incidental to travel such as meals and lodging en route and assistance with luggage, checking, storage, or transportation of personal effects.

(ii) Meals and food items - this includes the cost of a special diet as recommended by a physician;

(iii) Clothing - an initial supply of clothing, including coats, boots, shoes, etc.; and

(iv) Shelter - the need for temporary housing should not exceed five days from the point of entry.

(b) Shall be nominal in amount if the repatriate's needs for temporary shelter and food are being met on a congregate basis, with cash provided only for personal items.

(c) Includes the cost of necessary medical assistance, including payment of the cost of medical and hospital care that is necessary because of the condition of an eligible repatriate's health.

(i) This care shall be paid in accordance with the Ohio department of medicaid (ODM) fee schedule.

(ii) In lieu of the ODM fee schedule, the customary fees paid by other third-party groups such as health maintenance organizations may be paid.

(d) Shall be based upon the Ohio works first (OWF) payment standard for the family assistance group size. The maximum amount of assistance that an individual may be eligible to receive each month of the ninety-day period is to be based on the appropriate OWF standard for the family assistance group size. There are other essential needs that may be provided such as household furnishings to make a home livable and to provide for the safety, health and welfare of the repatriate and the repatriate's family. These needs can be authorized one time only.

(C) Who is eligible for assistance under the repatriate program?

In order for an individual to be eligible for assistance under the repatriate program, he or she shall meet the following:

(1) Eligibility must be certified by the U.S. department of state.

(2) The individual shall be a U.S. citizen or a dependent of a U.S. citizen including the following:

(a) Spouse;

(b) Parents;

(c) Spouse's parents;

(d) Grandparents;

(e) Unmarried minor children including adopted children and stepchildren;

(f) Unmarried adult children who are dependent because they have disabilities, including adopted children and stepchildren; and

(g) Minor siblings of the U.S. citizen and his or her spouse.

(3) The individual shall be returning to the U.S. from a foreign country as a result of:

(a) Destitution;

(b) Illness (including a mental disability); or

(c) War, threat of war or similar crisis.

(4) The individual has no income or resources immediately available for living expenses as described in paragraph (D) of this rule.

(D) What are the income and resource eligibility requirements?

(1) Assistance for repatriated U.S. citizens shall be given when the individual's liquid resources are at or below the maximum resource limits as set forth in rule 5101:4-4-01 of the Administrative Code and the income is insufficient to meet the expenses for food, clothing, shelter, medical care, and other essential needs.

(2) Resources to be considered are only those immediately accessible. Resources are considered immediately accessible when they are in existence, under the control of the individual, and when the individual can utilize them. The fact that an individual may have resources in a foreign country does not affect eligibility if the foreign country prohibits their removal.

(3) Income eligibility must be determined. The individual may have income through an employer prior to his or her repatriation. When this occurs, the income and eligibility calculation shall be determined in accordance with rule 5101:1-23-20 of the Administrative Code.

(E) How does the repatriate program work?

(1) The U.S. department of state certifies who qualifies for assistance under this program.

(2) If an individual returns to the U.S. because of destitution or illness and needs assistance, the U.S. department of state will notify the office of refugee resettlement (ORR) in the department of health and human services (DHHS), who makes a referral to the international social service-United States of America branch, incorporated (ISS-USA) with information about the individual situation, arrival time and final destination.

(3) The ISS-USA will provide the Ohio department of job and family services (ODJFS) with this information.

(4) ODJFS shall contact the county agency in the county of final destination.

(5) Following such notification, the county agency shall take the following actions:

(a) Determine the initial housing needed.

(i) Contact any known relatives or friends to identify potential housing; or

(ii) Check with the domestic violence and homeless shelters; or

(iii) If arrival occurs before housing plans can be arranged, a temporary hotel or motel may be used.

(b) Make plans to meet the repatriate and the repatriate's family. In most instances, this will be at the local airport.

(c) Coordinate a psychiatric evaluation, if necessary.

(d) Advise the ISS-USA and ODJFS of the name, address and telephone number of the person meeting the repatriate and of the housing arrangements.

(e) Provide each repatriate with a copy of the "Welcome Package" provided by ISS-USA that is located at http://www.iss-usa.org/services/repatriation which explains the program and the requirements to repay the federal government for the cost of services received.

(f) The individual will also be asked to complete the repatriation program consent form that is located at http://www.iss-usa.org/services/repatriation which allows the ORR, and the repatriation program to collect, have access to, and disclose protected health information for the purpose of making program financial decisions.

(g) Establish a case record.

(h) Determine the repatriate's ability to repay as set forth in paragraph (G) of this rule and develop a repayment plan when possible.

(i) Determine eligibility for repatriate assistance and authorize financial and medical assistance in the form of county money payments.

(j) Refer all cases to the county agency social service area for counseling and referral for employment, referral for educational opportunities, occupational retraining, housing services, legal services, child care and protection, if indicated. Other services may also be necessary to help the repatriate and his or her family adapt to the changes in their circumstances and to become self-supporting as quickly as possible.

(k) Explore eligibility for other programs such as OWF, medicaid, and supplemental nutrition assistance program (SNAP).

(l) Maintain a record of the period of eligibility and the amounts of the assistance the repatriate receives in two categories:

(i) Port of entry assistance (expenses at port of entry); and

(ii) Subsistence and resettlement assistance (initial expenses for resettling).

(F) How long can an individual receive assistance under the repatriate program?

(1) The assistance described in paragraph (B)(2)(a) of this rule may be authorized for a period of up to ninety days from the day of arrival of the eligible person into the U.S., provided the individual or family is not eligible for OWF or supplemental security income (SSI). If the ninety-day period passes and there is no request for further assistance, the repatriate is no longer eligible under this program.

(2) If the repatriate is not eligible for assistance through OWF or SSI and is unable to attain self-support due to age, disability, or lack of vocational training, repatriate assistance may be extended for an additional nine months when authorized by the ISS-USA.

(3) The county agency shall submit any request for an extension to ODJFS, as soon as the need for additional assistance is recognized. The request for additional repatriate assistance shall be submitted prior to the expiration of the initial ninety-day period of eligibility.

(4) All requests for an extension of temporary assistance beyond the ninety-day period shall include the following information:

(a) The names of all family members, their country of citizenship, and their relationship to the U.S. citizen;

(b) Date and port of entry into the U.S.;

(c) Documentation regarding why the family is not eligible for or receiving OWF or SSI assistance;

(d) For cases where immigration status precludes a family from meeting eligibility for OWF assistance, the county agency shall document its efforts to resolve U.S. citizenship and immigration barriers;

(e) A statement describing the job search efforts of the head or heads of household; and

(f) Any special circumstances which describe the reasons why an individual or family is unable to achieve self-support should also be stated in the request.

(G) Is repayment required for individuals who receive assistance under the repatriate program?

(1) An individual who has received repatriate assistance shall be required to repay any or all of the cost of such assistance to the U.S. A cooperative agreement exists between the ORR and the ISS-USA. A county agency who provides assistance to eligible individuals under the repatriate program will receive reimbursement from the ISS-USA.

(2) The county agency shall evaluate the repatriate's ability to repay during the initial contact and interview. The repatriate shall be required to sign the "Privacy Act Repayment Agreement Form" that is located at http://www.iss-usa.org/services/repatriation regardless of his or her ability to repay or the county agency recommendation to waive the repayment. The county agency shall forward the recommendation regarding financial ability of the repatriate to make repayment, the repatriation program consent form if signed, and the "Privacy Act Repayment Agreement Form" to ISS-USA within ten business days of the initial contact with the repatriate.

(3) In exploring the repatriate's ability to repay, the county agency shall take into account income and resources currently available to the repatriate and those resources which may be available in the future.

(4) Ability to repay will be considered to exist when income and/or resources in excess of continuing needs can be expected to become readily available to the individual within one year after self-support is attained. It is not intended that an individual deplete income and/or resources which are needed to become independent or to maintain independence in order to repay the federal government. Income and/or resources are to be considered readily available when they are in existence, under the control of the repatriate, and sufficient to be drawn upon for repayment. When exploring the repatriate's ability to repay, such factors as the type of usual occupation, amount of indebtedness, and employment history shall be considered.

(5) Assistance that is less than fifty dollars is not required to be repaid.

(H) What are the other requirements under the repatriate program?

(1) In the event of emergency repatriation situations that result from the U.S. department of state-assisted evacuation of U.S. citizens from a country due to crisis or natural disaster, the ORR will assume administrative responsibilities. These situations will generally be handled by the ORR as the lead agency responsible for arranging through state agencies for the reception, temporary care, and onward transportation to the final destination of non-combatant evacuees returned to the U.S. from a foreign country.

(2) Financial assistance under the repatriate program is subject to one hundred per cent federal reimbursement. It is essential that the county agency submit claims as soon as possible after the end of each month, but no later than ten business days after the close of the month. If claims cannot be submitted within the time frame designated, the county agency shall notify ISS-USA so that regulations can be followed to assure that federal funds will be obligated and available to pay the claim when it is received.

(3) The county agency is required to keep separate accounts for the repatriate program so that the transactions may be readily identifiable from those of other programs. A separate fiscal record should be established and maintained for each person for whom expenditures are made with sufficient information, including copies of bills paid and receipts, to enable the county agency to identify and support the costs for which reimbursement is requested.

(4) All hearing rights in accordance with division 5101:6 of the Administrative Code are to be afforded to applicants or recipients of the repatriate assistance program who wish to appeal a decision made by the county agency.

Supplemental Information

Authorized By: 5101.02, 5101.49
Amplifies: 5101.49
Five Year Review Date: 1/10/2026
Prior Effective Dates: 1/1/1974, 8/1/2010

Rule 5101:1-2-70 | Issuance of cash assistance benefits.

• Effective: January 1, 2024
• Promulgated Under: 119.03

(A) What are the options for the issuance of cash assistance benefits?

(1) Assistance groups applying for or in receipt of Ohio works first (OWF) or refugee cash assistance (RCA) have two options for the issuance of monthly cash benefits. The two options are:

(a) Electronic payment card; or

(b) Electronic funds transfer or direct deposit.

(2) The assistance group shall be informed of the two options at application and recertification and provided informational material.

(B) What is the difference between the electronic payment card and electronic funds transfer?

(1) The electronic payment card is a pre-paid card system which transfers cash benefits to an account accessed by a magnetic strip card.

(2) The electronic funds transfer is a direct deposit system that transfers cash benefits electronically to individual bank accounts.

(C) How does the assistance group select one of the benefit issuance methods?

(1) Direct deposit

(a) When the assistance group selects direct deposit it shall complete the JFS 07344 "Direct Deposit Authorization." This form shall be retained by the county agency in the assistance group record.

(b) When the assistance group fails to designate an account suitable for direct deposit and submit the JFS 07344 within ten days of the assistance groups request for direct deposit, the county agency shall issue the benefits on the electronic payment card.

(2) Electronic payment card

When the assistance group chooses the electronic payment card, the county agency shall make the appropriate designation in the statewide automated eligibility system. This will result in the mailing of the electronic payment card and informational material to the assistance group payee or protective payee.

(3) When a benefit issuance method is selected, no change will be made until the next recertification, unless the county agency determines that there is good cause for a change before the next scheduled recertification or the financial institution dishonors the assistance group's direct deposit account.

(D) Are there fees associated with these methods of issuance?

(1) Direct deposit

(a) There may be fees associated with direct deposit that are imposed by the financial institution. These fees are the responsibility of the assistance group.

(b) The financial institution cannot impose any charge for an account that it does not impose on its other customers for the same type of account.

(2) Electronic payment card

(a) Certain transactions may incur fees associated with the electronic payment card. A complete list of fees is provided by the vendor in the client disclosure statement materials.

(b) Fees associated with the use of the electronic payment card will be deducted from the balance on the card.

(c) Fees deducted from the balance on the card will be identified on the assistance group's account. The assistance group can confirm the balance by tracking the account on the internet or calling the electronic payment card vendor's customer service number.

(d) When the assistance group disputes the fees associated with the use of the card, the county agency shall refer them to the electronic payment card vendor's customer service number for resolution.

(E) What happens if the assistance group's benefit is lost, stolen or not received?

(1) Direct deposit

(a) When the assistance group receives benefits by direct deposit and the bank account has closed or the direct deposit has been dishonored, the assistance group must notify the county agency.

(b) When the assistance group fails to notify the county agency of the change to the designation of the bank account prior to the issuance of the benefit, the payment will not be accepted by the financial institution for deposit and will be returned to the Ohio department of job and family services (ODJFS).

(c) When a direct deposit has been rejected by a financial institution the county agency shall make contact with the assistance group to determine if either a change in the direct deposit bank account is needed or if there is good cause to change the issuance method to the electronic payment card.

(2) Electronic payment card

(a) When the electronic payment card is lost, stolen or not received, the assistance group shall contact the electronic payment card vendor's customer service number to request a replacement card.

(b) Each assistance group can receive up to four replacement cards at no cost every twelve months. The twelve month period of time is calculated from the initial card issuance date.

(c) There is a fee for additional replacement cards after the four free replacements.

(3) There may be a rare situation where a paper warrant is issued. When a paper warrant is issued and is either lost, stolen or not received, the county agency shall take the action necessary to stop payment on the missing warrant and contact ODJFS to request a replacement warrant to be issued. The issuance payment method in the statewide automated eligibility system must be overridden by ODJFS before a replacement warrant can be issued. A handwriting sample and affidavit may still be required to be completed by the assistance group before a replacement warrant is issued.

(F) Who does an assistance group contact when there are problems?

(1) Direct deposit

(a) The assistance group shall be advised to report changes to the county agency so that the direct deposit payment can continue with as little interruption as possible. This includes a change in the account number, financial institution, or a change in the payee for the assistance group.

(b) When there is a change in a bank account or savings and loan account number or transit routing number, all direct deposit data must be re-entered on the appropriate screen in the statewide automated eligibility system.

(c) A change in county of residence will not result in a change in benefit payment method from direct deposit.

(d) When there is a dispute or question relating to purchases or fees assessed on the direct deposit bank account, the assistance group shall contact the financial institution who holds the direct deposit bank account.

(2) Electronic payment card

(a) When there is an issue or question regarding the amount of cash assistance benefits that are issued, the assistance group shall contact the county agency.

(b) When there is a technical issue related to use of the electronic payment card, the assistance group shall contact the electronic payment card vendor's customer service.

(c) When there is a dispute or question regarding purchases or fees assessed on the account, the assistance group shall contact the electronic payment card vendor's customer service.

(G) What happens when an assistance group elects to receive an electronic payment card but fails to activate an electronic payment card?

For purposes of this rule, "activate" means taking all necessary steps to be able to use the electronic payment card, including creating a personal identification number (PIN). When an electronic payment card is not activated:

(1) Within sixty days from the date the first electronic payment card was issued for the account, the county agency shall attempt to make contact with the assistance group to ensure that eligibility for cash benefits continues. The county agency shall notify the assistance group that if it fails to activate the electronic payment card, benefits shall be expunged.

(2) Within ninety days of the date the first electronic payment card was issued for the account, all benefits issued during the preceding ninety-day period shall be expunged; and all benefits issued after the ninetieth day shall be expunged on a monthly basis until the electronic payment card is activated. Expunged benefits are no longer available to the assistance group and shall not be reissued.

Last updated January 2, 2024 at 8:27 AM

Supplemental Information

Authorized By: 5107.05, 329.03
Amplifies: 329.03, 5107.12, 5107.05, 5101.33
Five Year Review Date: 1/1/2029
Prior Effective Dates: 5/1/1975, 2/9/1984 (Temp.), 4/19/1985, 1/1/1986 (Emer.), 4/1/1986, 11/1/2002, 8/1/2008, 5/1/2014

Rule 5101:1-2-85 | Cash assistance: new hire reporting program (W-4).

• Effective: May 1, 2021
• Promulgated Under: 119.03

(A) What is the new hire reporting program?

Pursuant to section 3121.891 of the Revised Code, all employers are required to provide information to the Ohio department of job and family services (ODJFS) about employees who are newly hired, or a contractor of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation. A newly hired employee means an employee who has not previously been employed by the employer; or was previously employed by the employer, but has been separated from such prior employment for at least sixty consecutive days according to the requirements of 42 U.S.C. 653a (2012).

(B) How is the new hire information used?

Pursuant to section 3121.898 of the Revised Code, the county agency shall use new hire information to ensure all employment information has been reported, verified and used appropriately when determining cash assistance benefits. Alerts are generated in the statewide automated eligibility system when there is a match with new hire information.

(C) What is the county agency's responsibility when a new hire alert is received?

Upon receipt of a new hire alert, the county agency is to process the information in accordance with rule 5101:1-2-20 of the Administrative Code.

Last updated May 1, 2021 at 8:52 AM

Supplemental Information

Authorized By: 3121.8911, 5107.05, 5115.05
Amplifies: 3121.891, 3121.898, 5107.05, 5115.05
Five Year Review Date: 5/1/2026
Prior Effective Dates: 10/1/2005