Chapter 5101:4-2 | Application Process

Rule 5101:4-2-01 | Food assistance: initial application process.

• Effective: October 1, 2023
• Promulgated Under: 111.15

(A) How does an individual apply for supplemental nutrition assistance program (SNAP) benefits?

(1) The application process begins with a request for SNAP. Upon request to apply, the county agency shall 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"; and

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

(2) Assistance groups wishing to participate in the program shall file a complete application.

For purposes of division 5101:4 of the Administrative Code:

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

(ii) A completed interview in accordance with rule 5101:4-2-07 of the Administrative Code; 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.

(3) The county agency shall assist an assistance group in the completion of its application and offer to provide a copy of a completed application to the assistance group. The county agency shall provide an electronic copy of the completed application when the applicant requests an electronic copy. 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" or its electronic equivalent of the information attested to during the interview.

(4) The county agency shall provide a means for the applicant to immediately begin the application process whether the process is paper, electronic, or telephonic.

(B) 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.

(2) Assistance groups shall have the right to apply for SNAP in writing. The county agency shall make the JFS 7200 readily accessible and available even if the county agency accepts applications using other means as described in paragraph (B)(1) of this rule.

(3) Pure supplemental security income (SSI) assistance groups, in which all members are applicants for or recipients of SSI, may apply at either the social security administration (SSA) district office or the county agency.

(4) Individuals scheduled for release from a public institution who are applying for SSI benefits will also be permitted to apply for SNAP in accordance with rule 5101:4-6-19 of the Administrative Code.

(C) Who shall sign the application?

(1) The application shall be signed by:

(a) A member of the assistance group;

(b) An authorized representative when the designation has been made in accordance to rule 5101:4-2-05 of the Administrative Code; or

(c) An unaccompanied homeless minor as defined in rule 5101:4-2-03 of the Administrative Code.

(2) The types of signatures include:

(a) Handwritten signatures (including handwritten signatures that are transmitted by facsimile or other electronic submission). When the signatory cannot sign with a name, an 'X' is a valid signature. The county agency may require a witness to attest to an 'X' signature. An employee of the county 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 (C)(2) of this rule.

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

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

(4) When an application is not signed by the necessary individuals then the application for benefits for that assistance group is considered incomplete. The county agency shall contact the individuals listed and attempt to obtain a valid signature. The county agency shall not certify an assistance group without a signed application.

(5) The signature on the application certifies, under penalty of perjury, the truth of the information contained on the application, including the information concerning citizenship and alien status of the members applying for benefits.

(D) When can an application be filed?

(1) An assistance group shall be advised of the right to file an application on the same day it contacts the county agency during office hours. The county agency:

(a) Shall encourage an assistance group to file an application the same day the assistance group or its representative contacts the county agency and expresses interest in obtaining SNAP or expresses concerns that indicate food insecurity.

(b) Shall post signs that explain the application processing standards and the right to file an application on the day of initial contact.

(c) Shall include information about same-day filing in outreach materials.

(2) Except for application filed telephonically, the assistance group shall also be advised that it does not have to be interviewed before filing an application and that it may file an application as long as the application contains the applicant's name, address, and the signature of the appropriate individuals as defined in paragraph (C)(1) of this rule.

(E) Where shall an application be filed?

An application shall be filed with the county agency that serves the county in which an applicant resides.

(1) When an application is filed with a county agency that does not serve the county where an applicant resides, the following shall occur:

(a) When the application is filed in person, the county agency shall provide the applicant with the address and telephone number of the county agency that serves the county in which the applicant resides and shall offer to forward the application to the county agency that same day. The county agency shall forward the application on the same day or forward it the next day by any means that ensures the application arrives at the county agency the same day it is forwarded.

(b) When the application is filed by mail or electronically, the county agency shall mail, fax or electronically send the application to the appropriate county agency on the same day or forward it the next day by any means that ensures the application arrives at the county agency the same day it is forwarded.

(2) When an individual contacts a county agency and declines to go to the county agency to file an application that same day and instead prefers to receive an application by mail, the county agency shall mail an application on the same day the request is received. The county agency shall include with the application the name and address of the county agency where the application shall be filed (when known) and remind the applicant eligibility for benefits is based on the date the application is received.

(F) What is the date of application?

(1) The date of application is the date the agency receives the completed application. For telephonic applications, the date of application is the date the telephonic application process is completed. When the completed application is received after business hours, the date of the application shall be the next business day. When an assistance group is determined eligible, benefits shall be provided from the date of application to the end of the month.

(2) County agencies shall document the date the application was received by recording the date of receipt on the application.

(3) The filing date of the application to be recorded by the county agency is the date of release of the applicant from the institution when a resident of an institution is applying for SNAP benefits prior to leaving the institution. When a resident of an institution is jointly applying for SSI and SNAP benefits prior to leaving the institution, the date of release of the applicant from the institution will be considered the date of application.

(G) How many applications can be filed by a household?

(1) One application can be submitted for all assistance groups within a household when the individual signing the application has been designated as an authorized representative for all assistance groups.

(2) When more than one assistance group resides in a household, each assistance group is to complete its own separate application with a signature as described in paragraph (C) of this rule. Rule 5101:4-2-03 of the Administrative Code shall be followed to determine the composition of assistance groups within the residence.

(3) The household shall not be required to complete more than one application when it is indicated that the household is applying for medicaid, cash and/or SNAP simultaneously.

(H) What happens when an assistance group refuses to cooperate with the application process?

(1) When the assistance group refuses to cooperate with the county agency in completing any part of the application process, the application shall be denied at the time of refusal. For a determination of refusal to be made, the assistance group must be able to cooperate, but clearly demonstrate it will not take the actions required to complete the application process. For example, to be denied for refusal to cooperate, an assistance group must refuse to be interviewed, not merely fail to appear for the interview.

(2) When there is any question as to whether the assistance group has merely failed to cooperate, as opposed to refused to cooperate, the assistance group shall not be denied, and the agency shall provide assistance in obtaining required verification.

(3) The assistance group shall also be determined ineligible when it refuses to cooperate in any subsequent review of eligibility, including reviews generated by reported changes and recertifications.

(4) Once denied or terminated for refusal to cooperate, the assistance group may reapply but shall not be determined eligible until it cooperates with the county agency.

(5) The county agency shall not determine the assistance group ineligible when a person outside the assistance group fails to cooperate with a request for verification. The county agency shall not consider individuals identified as non-assistance group members under rule 5101:4-2-03 of the Administrative Code as individuals outside the assistance group.

(I) How are assistance groups handled when they reapply after refusing to cooperate with a quality control review?

(1) When the assistance group refused to cooperate with a state quality control reviewer and reapplies within one hundred twenty-five days after the annual review period ended, the assistance group shall cooperate with the quality control reviewer before being determined eligible.

(2) When the assistance group refused to cooperate with a state quality control reviewer and reapplies after one hundred twenty-five days of the annual review period, the assistance group shall provide verification as required in rule 5101:4-2-09 of the Administrative Code prior to being determined eligible to participate.

(3) When the assistance group refused to cooperate with a federal quality control reviewer and reapplies within nine months after the annual review period, the assistance group shall cooperate with the quality control reviewer before being determined eligible.

(4) When the assistance group refused to cooperate with a federal quality control reviewer and reapplies after nine months of the annual review period, the assistance group shall provide verification as mandated in rule 5101:4-2-09 of the Administrative Code prior to being determined eligible to participate.

(J) What is the time limit for processing an application?

(1) The assistance group shall be given an opportunity to participate no later than thirty days after the application is filed. Expedited service shall be available to assistance groups in immediate need in accordance with rule 5101:4-6-09 of the Administrative Code.

(2) The county agency shall determine the eligibility and benefit amount within the first thirty days based on the circumstances for the entire month. Even when the application is filed late in the month, the assistance group's circumstances for the entire month shall be considered.

(K) How is a voluntary withdrawal of an application processed?

An assistance group may voluntarily withdraw the application at any time before the county agency determines it to be eligible. "Voluntary withdrawal" means the assistance group, on its own initiative, has contacted the county agency, either orally or in writing, and requested that the application not be processed any further. The county agency shall document in the case file the reason for withdrawal, if given, and that contact was made with the assistance group to confirm the withdrawal. The county agency shall advise the assistance group of its right to reapply at any time and shall notify the assistance group via a statewide automated eligibility system generated notice of the denial of benefits due to voluntary withdrawal.

(L) How is an application for SNAP processed when the assistance group is applying for other benefits?

(1) All SNAP applications, regardless of whether they are joint applications or separate applications, shall be processed in accordance with SNAP procedural timeliness standards, notice requirements, and fair hearing requirements specified in Chapters 5101:4-2, 5101:4-5, 5101:4-6, and 5101:6-2 of the Administrative Code. No assistance group shall have SNAP benefits denied solely on the basis that an application to participate in another program has been denied or benefits under another program have been terminated without a separate determination that the assistance group failed to satisfy a SNAP eligibility requirement.

(2) An assistance group that simultaneously requests SNAP and another program and is denied benefits for the other program shall not be required to resubmit another application for SNAP but shall have SNAP eligibility determined in accordance with the SNAP processing time frames from the date the joint application was initially accepted by the county agency.

(3) To facilitate participation in the program, the county agency shall notify assistance groups in which members are applying for other types of assistance that they may file a separate application for SNAP benefits independent of the application for benefits for any other program.

(M) When is an application considered an inquiry?

(1) An application is considered an inquiry when it is signed by one assistance group containing multiple potential assistance groups and the individual signing the application is not the authorized representative for all assistance groups; or

(2) A telephonic application is considered an inquiry when the telephonic process is not complete as outlined in paragraph (A)(2)(c) of this rule.

Last updated October 2, 2023 at 8:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 11/1/2027
Prior Effective Dates: 6/20/1980, 3/22/1990, 10/13/1995, 8/27/2001, 7/1/2006, 7/1/2011, 8/1/2016

Rule 5101:4-2-02 | Food assistance: categorically eligible assistance groups.

• Effective: October 1, 2024
• Promulgated Under: 111.15

There are assistance groups that have eligibility factors waived due to receiving specific public benefits or services. These assistance groups are considered categorically eligible for the supplemental nutrition assistance program (SNAP). When each assistance group member receives or is authorized to receive Ohio works first (OWF), supplemental security income (SSI), or a temporary assistance to needy families (TANF) funded service as defined in this rule, or any combination of these benefits the assistance group is categorically eligible.

(A) Who is considered an OWF or SSI recipient?

An OWF or SSI recipient is any person:

(1) Who receives an OWF or SSI money payment;

(2) Whose entire grant is being recouped;

(3) Whose grant is in suspended status;

(4) Who is eligible for the benefit but is not receiving it because the monthly grant is below a minimum amount for a check to be issued; or

(5) Whose OWF or SSI has been authorized and the individual has been notified of the decision but payment has yet to be received.

(B) Who is considered an assistance group receiving a TANF-funded service or benefit?

(1) Ohio careline:

An assistance group with gross income at or below two hundred per cent of the federal poverty level according to their assistance group size that is provided a notice and a text message with a link that includes information about Ohio careline services and how to access those services. Assistance groups are provided information on approval notices received at application and recertification.

(2) Prevention, retention, and contingency (PRC) benefits:

(a) An assistance group in which any member is authorized to receive or is receiving benefits or services under the PRC program is categorically eligible for SNAP. An assistance group is considered authorized to receive PRC as of the date of approval and/or notification of approval.

(b) An assistance group that is authorized to receive or is receiving PRC benefits or services is to be categorically eligible for SNAP benefits only for the number of months any member of the assistance group is authorized to receive or is receiving PRC benefits or services. Certification periods for SNAP benefits are to continue to be assigned in accordance with rule 5101:4-5-03 of the Administrative Code.

(c) An ineligible member of the assistance group authorized to receive or is receiving PRC benefits or services is not to be included in the assistance group size when determining the benefit amount. The income and resources of the ineligible member is to be determined in accordance with rules 5101:4-6-13 and 5101:4-6-15 of the Administrative Code.

(3) Other TANF-funded services:

(a) TANF funds transferred to Title XX or child care development block grant (CCDBG) for child care services are not considered funded under Title IV-A of the Social Security Act of 1935 as amended (SSA), and are thus not subject to categorical eligibility.

(b) All other TANF funds are considered funded under Title IV-A of the SSA, regardless of which agency administers the funds and may grant categorical eligibility to assistance groups receiving benefits or services from these agencies.

(C) What eligibility factors are waived for assistance groups determined categorically eligible?

(1) SNAP one hundred thirty per cent gross income limit;

(2) Net income limit; and

(3) Resource limit.

(D) What are the exceptions to categorical eligibility for OWF, SSI, PRC and Ohio careline assistance groups?

(1) No person is to be included as a member in an assistance group that is otherwise categorically eligible when that person is:

(a) An ineligible alien as defined in rule 5101:4-3-07 of the Administrative Code;

(b) An ineligible student as defined in rule 5101:4-6-04 of the Administrative Code;

(c) Institutionalized in a non-exempt facility as defined in rule 5101:4-2-03 of the Administrative Code; or

(d) Ineligible under the able-bodied adults without dependents provisions in rule 5101:4-3-20 of the Administrative Code.

(2) Under no circumstances is an assistance group to be considered categorically eligible when:

(a) Any member of the assistance group is disqualified for an intentional program violation in accordance with division 5101:6 of the Administrative Code;

(b) Any member of the assistance group is ineligible because of a failure to comply with requirement of rules 5101:4-3-11.1, 5101:4-3-19 and 5101:4-3-09 of the Administrative Code;

(c) Any member of the assistance group is ineligible because of violating a condition of probation or parole or fleeing to avoid prosecution, custody or confinement, or for having a conviction of certain crimes and are out of compliance with their sentence as defined in rule 5101:4-2-03 of the Administrative Code; or

(d) The assistance groups defined in paragraphs (D)(2)(a) to (D)(2)(c) of this rule are subject to all SNAP eligibility requirements and cannot be reinstated in the program on the basis of categorical eligibility.

(E) How is the monthly benefit determined?

Categorically eligible assistance groups are to have their level of benefits calculated using the method described in paragraphs (A) and (B) of rule 5101:4-4-39 of the Administrative Code using the assistance group's net monthly income.

(F) How is a potentially categorically eligible assistance group handled?

An assistance group is considered to have potential categorical eligibility when all members of the assistance group have applied for benefits that would make the assistance group categorically eligible.

(1) When all the assistance group members have applied for benefits that will make the assistance group categorically eligible and the county agency determines that the assistance group is ineligible for SNAP benefits because it does not meet the gross or net income tests, or exceeds the resource limits, the county agency is to pend the assistance group until it is established that all assistance group members have gained categorical eligibility. When categorical eligibility has not been established by the thirtieth day from the date of application, the county agency is to deny the assistance group the following day.

(2) When the assistance group establishes categorical eligibility within the thirty days from the date of application, the agency is to determine the level of benefits from the date of application. When the assistance group's net income is high enough to result in ineligibility for a monthly allotment, the denial notice is to indicate that the net income exceeds the level at which benefits are issued.

(G) What happens when a potentially categorically eligible assistance group is denied SNAP benefits?

(1) A potentially categorically eligible assistance group is to be informed on the denial notice that its application can be reopened when it gains categorical eligibility. The assistance group is to be provided a change reporting form in accordance with rule 5101:4-7-01 of the Administrative Code.

(2) When the application of a potentially categorical eligible assistance group was denied because of failure to meet the gross or net income test, or being over resources, and the assistance group later reports that all assistance group members have become recipients of benefits that make the assistance group categorically eligible the county agency is to have the assistance group update their application. The assistance group is to provide any needed verification or information on the change since the previous application was completed and have the application signed again by an assistance group member or authorized representative.

(3) When the application was made via an interactive interview and there are open public assistance benefits with the SNAP benefit being denied, the county agency is to enter the reported changes on the appropriate Ohio benefits integrated eligibility system screens and determine eligibility using the date the assistance group gained categorical eligibility as the signature date. A new interactive interview or JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance, or Child Care Assistance" is not a requirement.

(4) When an assistance group gains categorical eligibility status, restored benefits are to be paid from the date the assistance group was authorized to receive OWF, SSI, or TANF-funded services or benefits (e.g. Ohio careline or PRC) or the date of the SNAP application whichever is later. See rule 5101:4-4-23 of the Administrative Code regarding SSI recipients who may be eligible for use of excess medical expenses and the uncapped shelter deduction in determining restored benefits. The county agency is to issue restored benefits within ten days, if necessary, and begin regular issuances. A certification period is to be established as described in rule 5101:4-5-03 of the Administrative Code.

(5) When the assistance group has not complied with the requirements listed in paragraphs (G)(1) to (G)(4) of this rule, the county agency is to issue a denial notice on the day after the assistance group was to have complied, and issue a new change report form when necessary.

(6) When an assistance group reports a change which results in the assistance group becoming eligible for SNAP, but the change does not result in categorical eligibility, the assistance group is to be advised to file a new application before benefits can be approved.

(H) What happens when an assistance group is approved for benefits while awaiting a determination of categorical eligibility?

When an assistance group is approved for SNAP benefits within the thirty-day processing time and later gains categorical eligibility, the assistance group may be eligible for restored benefits in a situation where an SSI recipient incurs excess medical expenses and/or shelter expenses. Restored benefits are to be paid from the beginning of the period for which SSI benefits are paid or the original SNAP application date, whichever is later.

Last updated October 1, 2024 at 9:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 9/1/2026
Prior Effective Dates: 1/16/1987 (Emer.), 2/26/1988, 7/1/1992, 7/15/1999, 9/30/2001 (Emer.), 7/1/2003 (Emer.), 7/10/2003

Rule 5101:4-2-03 | Food assistance: assistance group definitions.

• Effective: August 1, 2023
• Promulgated Under: 111.15

(A) What is an assistance group?

An assistance group is composed of one of the following individuals or groups of individuals provided they are not residents of an institution, are not residents of a commercial boarding house, or are not boarders, except as otherwise specified in paragraph (E) of this rule.

(1) Individual: An individual living alone or who, while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others.

(2) Groups: a group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

(3) Spouses: a person living with his or her spouse, as defined in rule 5101:4-1-03 of the Administrative Code, shall be considered as customarily purchasing food and preparing meals together, even when they do not do so.

(4) Children living with their parents: any person under the age of twenty-two who lives with the parent(s) (natural, adopted, or step) must be included in the same assistance group with the parent(s). When a person under the age of twenty-two has a spouse and/or child(ren) of his or her own, the spouse and child(ren) of the person must also be included in the same assistance group.

(5) Person under parental control: persons (excluding children for whom the following payments are received: foster care, guardianship, kinship support program, or state kinship guardianship assistance program when the child is not also in receipt of Ohio works first (OWF)) under eighteen years of age and unmarried living with and are under the parental control of another household member who is not their natural, adoptive, or step parent (including children for whom federal kinship guardianship assistance program payments are received, or state kinship guardianship assistance program payments are received and the child is also in receipt of OWF) shall be treated as customarily purchasing and preparing meals together for home consumption even when they do not do so. Note: "parental control" refers to unmarried minors who are dependents-financial or otherwise-of another household member as opposed to independent units. Persons under age eighteen who are married are considered emancipated and are not to be automatically considered as customarily purchasing and preparing meals together unless they state they are actually doing so.

(6) Elderly and disabled individual: although a group of individuals living together and purchasing and preparing meals together constitutes a single assistance group based on paragraph (A)(2) of this rule, an otherwise eligible member of such an assistance group who is sixty years of age or older and unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act of 1935 or suffers from a non disease-related, severe, permanent disability may be a separate assistance group from the others, other than his spouse, provided the income (all income included in rule 5101:4-4-19 of the Administrative Code) of the others with whom the individual resides (excluding the income of the spouse of the elderly and disabled individual) does not exceed one hundred sixty-five per cent of the poverty level (FSP-14 "Separate Assistance Group Income Standards-Elderly and Disabled Assistance Groups Only").

(7) An unaccompanied minor: a homeless individual who is not living with their parent(s) (natural, adopted, or step) and is not under the parental control of a household member as described in paragraph (A)(5) of this rule. While some homeless minors may fall under parental control of a non-parent household member, other homeless minors are not.

(B) What shall the county agency do when an individual claims to be in a separate assistance group from those with whom they reside?

Individuals who claim to be a separate assistance group from those with whom they reside shall be responsible for providing verification that they are a separate assistance group to the satisfaction of the county agency. Final determinations of living arrangements shall be made on a case-by-case basis, using reasonable judgment based on the circumstances of the particular living arrangement, and need not be reflective of these guidelines should other more conclusive factors be involved. For the purpose of determining whether people are living together, consideration shall be given to, but not limited to the following:

(1) Separate address

The county agency shall consider whether the persons involved have addresses that are commonly recognized as separate in the community.

(2) Separate utilities

The county agency shall consider whether the persons involved have separate utility meters and are, therefore, billed separately by the utility companies.

(3) Separate entrances

The county agency shall consider whether the persons involved have separate entrances to their living quarters, and whether such entrances require passing through one living quarter in order to gain access to another.

(4) Opinion of the landlord

The county agency shall consider whether the owner of the property considers the property to contain separate units.

(C) Which non-assistance group members are eligible to participate as separate assistance groups?

For the purpose of defining an assistance group under paragraph (A) of this rule, the following individuals shall not be included as a member of the assistance group unless specifically included as an assistance group member under paragraph (A)(3) (spouses), (A)(4) (parents living with their children), or (A)(5) (person under parental control) of this rule, and shall not be included as a member of the assistance group for the purposes of determining assistance group size, eligibility, or benefit level. The income and resources of such individuals shall be handled in accordance with rule 5101:4-6-15 of the Administrative Code. The following individuals (when otherwise eligible) may participate as separate assistance groups:

(1) Roomers

Individuals to whom an assistance group furnishes lodging for compensation, but not meals.

(2) Live-in attendants

Individuals who reside with an assistance group to provide medical, housekeeping, child care, or other similar personal services.

(3) Other

Other individuals who share living quarters with the assistance group but who do not customarily purchase food and prepare meals with the assistance group. For example, when an applicant family shares living quarters with another family to save on rent, but does not purchase and prepare food together with that family, the members of the other family are not members of the applicant assistance group.

(D) Which non-assistance group members are ineligible to participate as separate assistance groups?

Some assistance group members are ineligible to receive benefits under the provisions of the Food and Nutrition Act of 2008. Others may become ineligible for such reasons as being disqualified for committing an intentional program violation or refusing to comply with a regulatory requirement. These individuals shall be included as a member of the assistance group for the purpose of defining an assistance group in accordance with this rule. However, such individuals shall not be included as eligible members of the assistance group when determining the assistance group's size for the purpose of comparing the assistance group's monthly income with an income eligibility standard or assigning a benefit level by assistance group size. These individuals are not eligible to participate as separate assistance groups. Ineligible individuals include the following:

(1) Ineligible aliens are those individuals who do not meet the citizenship or eligible alien status. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(2) A person disqualified for intentional program violation is one who has been disqualified in accordance with Chapter 5101:6-20 of the Administrative Code. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(3) Persons who have been disqualified for failure to provide a social security number as provided for in rule 5101:4-3-24 of the Administrative Code are ineligible to participate. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(4) An individual who is disqualified for refusing or failing to comply with a work requirement of rule 5101:4-3-11 of the Administrative Code. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(5) Persons enrolled in an institution of higher education on at least a half-time basis who fail to meet the eligibility criteria in accordance with rule 5101:4-6-04 of the Administrative Code are ineligible to participate. See rule 5101:4-6-15 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(6) No member of an assistance group who is otherwise eligible to participate in the supplemental nutrition assistance program (SNAP) shall be eligible to participate as a member of that or any other assistance group during any period during which the individual is determined to be a fleeing felon or a probation or parole violator, in accordance with this paragraph. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(a) When the county agency has information that an individual may be fleeing to avoid prosecution or arrest for a felony, the county agency shall obtain documentary evidence of the following before imposing ineligibility under this rule:

(i) There is an outstanding felony warrant for the individual issued by a federal, state, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey;

(ii) Considering all the relevant facts and circumstances, a reasonable person would conclude that the individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued;

(iii) Considering all the relevant facts and circumstances, a reasonable person would conclude that the individual has taken some action to avoid being arrested or jailed; and,

(iv) A federal, state, or local law enforcement agency is actively seeking the individual as provided in paragraph (D)(6)(c) of this rule.

(b) When the county agency has information that an individual may have violated a condition of probation or parole imposed under a federal or state law, the county agency shall obtain documentary evidence of the following before imposing ineligibility under this rule:

(i) A court of competent jurisdiction or the adult parole authority has determined that the individual has violated a condition of his or her probation or parole imposed under a federal or state law; and,

(ii) A federal, state, or local law enforcement agency is actively seeking the individual to enforce the conditions of the probation or parole as described in paragraph (D)(6)(c) of this rule.

(c) The county agency shall obtain documentary evidence of whether the law enforcement agency is actively seeking the individual when determining the eligibility of a fleeing felon or an individual who has violated a condition of his or her probation or parole imposed under a federal or state law.

(i) For purposes of this rule, "actively seeking" is defined as follows:

(a) A federal, state, or local law enforcement agency informs the county agency that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within twenty days of submitting a request for information about the individual to the county agency;

(b) A federal, state, or local law enforcement agency presents a felony arrest warrant that conforms to one of the following national crime information center uniform offense classification codes to the county agency to obtain information on the location of and other information about the individual named in the warrant:

(i) Escape (4901);

(ii) Flight to avoid (4902); or,

(iii) Flight-escape (4999); or,

(c) A federal, state, or local law enforcement agency informs the county agency that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within thirty days of the date of a request from a county agency about a specific outstanding felony warrant or probation or parole violation.

(ii) When the law enforcement agency indicates that it does intend to enforce the felony warrant or arrest the individual for the probation or parole violation within thirty days of the date of the county agency's inquiry, the county agency will postpone taking any action on the case until the thirty day period has expired and shall verify with the law enforcement agency after the thirty days whether it has attempted to execute the felony warrant or arrest the probation or parole violator.

(a) When the law enforcement agency has attempted to execute the felony warrant or arrest the probation or parole violator within the thirty days, the county agency shall deny an applicant or terminate a participant who has been determined to be a fleeing felon or a probation or parole violator in accordance with paragraph (K)(4) of rule 5101:4-7-01 of the Administrative Code. When law enforcement subsequently indicates that it no longer intends to enforce the felony warrant or arrest the individual for the probation or parole violation, the county agency shall not consider the individual a fleeing felon or probation or parole violator as of the date law enforcement made its decision and shall document the case file accordingly.

(b) When the law enforcement agency has not taken any action within the thirty days, the county agency shall not consider the individual a fleeing felon or probation or parole violator and shall document the case file accordingly.

(iii) When the law enforcement agency indicates that it does not intend to enforce the felony warrant or arrest the individual for the probation or parole violation within thirty days of the date of the county agency's inquiry about the warrant, the county agency shall determine that the individual is not a fleeing felon or a probation or parole violator and document the case file accordingly.

(d) When awaiting verification and/or determining if an individual is a fleeing felon or probation or parole violator, the county agency shall continue to process the application in accordance with the timeframes described in rule 5101:4-2-11 of the Administrative Code. The county agency shall verify fleeing felon or probation or parole violator status in accordance with paragraph (D)(6)(a) or (D)(6)(b) of this rule. Once verification is received and it is determined that an individual is a fleeing felon or probation or parole violator, the county agency shall impose ineligibility for the individual and redetermine the assistance group's eligibility. For purposes of processing a change in benefits in accordance with paragraph (K)(4) of rule 5101:4-7-01 of the Administrative Code or calculating claims, an individual is not considered to be a fleeing felon or probation or parole violator until the date the county agency has made a determination in accordance with paragraph (D)(6) of this rule.

(7) No member of an assistance group who is otherwise eligible to participate in SNAP is to be eligible to participate as a member of an assistance group during any period which the individual is determined to be convicted of and out of compliance with their sentence for certain crimes committed on or after February 7, 2014. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(a) Individuals who self attest to a conviction as an adult and who are out of compliance with their sentence for the following crimes:

(i) Aggravated sexual abuse 18 U.S.C. 2241 (12/2007);

(ii) Murder 18 U.S.C. 1111 (4/2003);

(iii) An offense under 18 U.S.C. Chapter 110 (as in effect on 7/1/19);

(iv) A federal or state offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or

(v) An offense under state law determined by the attorney general of the United States, to be substantially similar to an offense described in paragraphs (D)(7)(a)(i) to (D)(7)(a)(iii) of this rule.

(b) The county agency is to verify attestations, when questionable, as described in rule 5101:4-2-09 of the Administrative Code. When awaiting verification and/or determining if an individual is convicted of and is out of compliance with their sentence for a crime described in paragraph (D)(7) of this rule, the county agency is to continue to process the application in accordance with the timeframes described in rule 5101:4-2-11 of the Administrative Code.

(8) For individual(s) who have failed to perform an action required under rule 5101:4-3-09 of the Administrative Code, see rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(9) For persons ineligible under rule 5101:4-3-20 of the Administrative Code, the time limit for able-bodied adults without dependents, see rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(E) Which individuals or groups are ineligible for SNAP?

(1) Boarders, individuals in foster care, children for whom guardianship payments are received in accordance with rule 5101:4-1-03 of the Administrative Code, children for whom kinship support payments are received as described in rule 5101:2-42-18.2 of the Administrative Code, and children for whom state kinship guardianship assistance program payments are received as described in rule 5101:2-56-01 of the Administrative Code when the child is not in receipt of OWF.

Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals (excluding residents of a commercial boarding house). Boarders are also defined as adults or children who have been placed in foster care by a government agency, children receiving guardianship payments as defined in rule 5101:4-1-03 of the Administrative Code, and children for whom kinship support payments are received as described in rule 5101:2-42-18.2 of the Administrative Code. Boarders are ineligible to participate in the program as independent assistance groups. They may, however, participate as members of the assistance group providing the boarder services to them, at such assistance group's request pursuant to rule 5101:4-6-03 of the Administrative Code. In no event shall boarder status be granted to those individuals or groups of individuals described in paragraphs (A)(2) to (A)(5) of this rule.

(2) Residents of institutions

Residents of public institutions who apply for SSI prior to their release from an institution under the social security administration's prerelease program for the institutionalized shall be permitted to apply for SNAP at the same time they apply for SSI. Individuals shall be considered residents of an institution if the institution provides them with the majority of their meals (over fifty per cent of three meals daily) as part of the institution's normal services. Residents of institutions are not eligible for participation in the program, with the following exceptions:

(a) Residents of federally subsidized housing for the elderly built under either section 202 of the Housing Act of 1959 (12 U.S.C. 1701) (2013) or section 236 of the National Housing Act (12 U.S.C 1701).

(b) Narcotic addicts or alcoholics together with their children who, for the purposes of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center.

(c) Disabled or blind individuals, as defined in rule 5101:4-1-03 of the Administrative Code, who are residents of group homes, as described in rule 5101:4-1-03 of the Administrative Code. (See rule 5101:4-6-26 of the Administrative Code for full details on certification of group home residents.)

(d) Women or women with their children temporarily residing in a shelter for battered women and children. Such persons temporarily residing in shelters for battered women and children shall be considered individual assistance group units for the purpose of applying for and participating in SNAP.

(e) Residents of public or private shelters for homeless persons.

(3) Strikers

Assistance groups with striking members shall be ineligible to participate unless the assistance group was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. Assistance groups where the member on strike is exempt from work registration requirements the day prior to the strike (other than those exempt solely on the grounds that they are employed) would not be affected by the striker provisions and could be eligible for program benefits.

Last updated August 1, 2023 at 8:27 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54, 5101.884
Five Year Review Date: 12/1/2025
Prior Effective Dates: 6/2/1980, 12/1/1980, 9/27/1982, 6/1/1983, 11/17/1983 (Temp.), 11/15/1986, 7/1/1987 (Emer.), 9/28/1987, 2/26/1988, 3/24/1988 (Emer.), 6/18/1988, 4/1/1997 (Emer.), 4/25/1997, 7/24/1998, 3/1/2001 (Emer.), 11/1/2007, 3/1/2017, 12/1/2020, 4/1/2021

Rule 5101:4-2-05 | Food assistance: authorized representatives.

• Effective: November 1, 2022
• Promulgated Under: 111.15

(A) What is an authorized representative?

An authorized representative is a person/entity whom the assistance group chooses to act on its behalf. A non-household member may be designated as an authorized representative provided that the person is an adult who is sufficiently aware of relevant household circumstances. An adult member of the assistance group or an unaccompanied homeless minor as defined in rule 5101:4-2-03 of the Administrative Code may designate and use an authorized representative at any time. The assistance group may have more than one authorized representative selected to do one or more of the following:

(1) Act on the assistance group's behalf, including but not limited to:

(a) Completing the application process;

(b) Carrying out responsibilities during the certification period, such as reporting changes in the assistance group's circumstances;

(c) Requesting a state hearing and representing the assistance group at a state hearing; and

(d) Receiving all notices and correspondence issued by the county agency on behalf of the assistance group. The county agency shall issue notices and correspondence to both the authorized representative and the assistance group.

(2) Obtain supplemental nutrition assistance program (SNAP) benefits on behalf of the assistance group, i.e. receive the electronic benefit transfer (EBT) card. Even when the assistance group is able to obtain its own SNAP benefits, it should be encouraged to name an authorized representative to obtain benefits in case of illness or other circumstances that might result in the inability to obtain benefits.

(3) Use SNAP benefits on behalf of the assistance group.

(B) How is an authorized representative designated?

When an assistance group designates an authorized representative, the following actions are to be taken:

(1) An assistance group shall designate in writing an authorized representative who is authorized to act on their behalf as described in paragraph (A)(1) of this rule.

(2) An assistance group shall name an authorized representative to obtain SNAP benefits on behalf of the assistance group as described in paragraph (A)(2) of this rule.

(3) An assistance group may name an authorized representative to use SNAP benefits on its behalf, as described in paragraph (A)(3) of this rule, but is not required to do so.

(4) An assistance group may identify and use an authorized representative for a one time emergency situation. A separate written designation is needed each time an emergency authorized representative is used.

(C) What are the restrictions on designations of authorized representatives described in paragraphs (A)(1) and (A)(2) of this rule?

In order to prevent abuse of the program, the county agency may set a limit on the number of households an authorized representative can represent. The county agency shall impose the following restrictions for authorized representatives described in paragraphs (A)(1) and (A)(2) of this rule:

(1) County agency employees who are involved in the certification or issuance processes and retailers who are authorized to accept SNAP benefits shall not act as authorized representatives. When the county agency determines that no one else is available to serve as an authorized representative they may with written approval.

(2) An individual who is disqualified for an intentional program violation cannot act as an authorized representative during the disqualification period unless the county agency has determined that no one else is available to serve as an authorized representative. The county agency must separately determine whether the individual is needed to apply on behalf of the assistance group or to obtain benefits on behalf of the assistance group.

(3) When the county agency has confirmed that an authorized representative has knowingly provided false information or improperly used SNAP benefits, the representative may be disqualified to serve as an authorized representative for up to one year. The assistance group and authorized representative must be notified in writing thirty days prior to the date of disqualification. The notification must include the reason for the proposed action and include the assistance group's right to a state hearing. This provision is not applicable in the case of drug and alcoholic treatment centers and those group homes that act as authorized representatives for their residents.

(4) Homeless meal providers cannot act as authorized representatives for homeless SNAP recipients.

(5) In the event an employer such as those that employ migrant or seasonal farm workers are designated as authorized representatives or a single authorized representative has access to a large number of authorization documents, the county agency should exercise caution to ensure that each assistance group has freely requested the assistance of the authorized representative, the assistance group's circumstances are correctly represented, and that the authorized representative is properly using the benefits.

(D) How are authorized representatives utilized in drug and alcohol treatment centers and group living arrangements?

(1) Residents of drug or alcohol treatment centers must apply and be certified through the use of an authorized representative. Residents shall be responsible for complying with requirements described in rule 5101:4-6-01 of the Administrative Code.

(2) Residents of group living arrangements have the option to apply and be certified through the use of an authorized representative as described in rule 5101:4-6-26 of the Administrative Code.

(3) Drug or alcohol treatment centers and group living arrangements that act as authorized representatives for residents of the facilities must use SNAP benefits for food prepared and served to those residents participating in the SNAP program except when a resident leaves the facility as specified in rules 5101:4-6-01 and 5101:4-6-26 of the Administrative Code.

(4) The representatives of the drug and alcohol treatment centers or group living arrangements that act as authorized representatives for their residents, and intentionally misrepresent an assistance group's circumstances, may be prosecuted under applicable federal and state statutes for their acts.

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

(1) When an applicant or recipient indicates that he or she may have difficulty completing the application process, the county agency shall explain that a non-assistance group member may be designated as the authorized representative for the application process.

(2) When an applicant or recipient designates an authorized representative as described in paragraph (B) of this rule, the county agency is to record the name of the authorized representative in the case file.

(3) The county agency is to develop a system that allows an assistance group to select an emergency authorized representative in writing for a particular month's benefits.

(4) Except for those situations in which a drug and alcohol treatment center or other group living arrangement acts as the authorized representative, the county agency must inform the household that they will be held liable for any overissuance that results from erroneous information given by the authorized representative.

Last updated November 1, 2022 at 8:52 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 8/1/2025
Prior Effective Dates: 7/1/1982, 8/16/1985 (Emer.), 2/26/1988, 7/1/1992, 12/1/1994, 5/1/1999, 3/1/2010, 8/1/2020

Rule 5101:4-2-07 | Food assistance: initial interview process.

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

(A) What is the process for an initial interview?

(1) Upon receipt of an application, as defined in rule 5101:4-2-01 of the Administrative Code, the county agency is to conduct an interactive interview with a member of the assistance group or an authorized representative for the assistance group making application.

(2) The county agency is to schedule an interview for all applicant assistance groups who are not interviewed on the day they submit an application. The interview notice is to contain the date and time of the interview. The notice is to also list the phone number the county agency will call when completing a phone interview, or the phone number the applicant will call to complete the interview with the county agency.

(3) When separate applications are filed for assistance groups residing in the same household, each assistance group that has applied on a separate application is to be interviewed or scheduled for an interview.

(4) When scheduling an interview, the county agency is to consider and attempt to accommodate any special circumstances or requests from an assistance group, including the assistance group's work schedule.

(5) The county agency is to schedule all interviews as promptly as possible to ensure eligible assistance groups receive an opportunity to participate within thirty days after the application is filed.

(B) What are the options for conducting an initial interview?

(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.

(C) What are the standard interview practices?

(1) The interview may be conducted with the head of the assistance group, spouse, any other responsible member of the assistance group or an authorized representative.

(2) When it is obvious the applicant is not mentally competent and is not able to understand the hearing rights, the applicant is to name an authorized representative to receive notices.

(3) An applying assistance group is to report all changes related to its supplemental nutrition assistance program (SNAP) eligibility and benefits at the certification interview.

(4) The JFS 01846, "Case Worksheet- Cash, Food Stamps, and Medical Assistance Interview," is to be completed by the county agency when the statewide automated eligibility system is down for an extended period of time or a home visit is necessary.

(D) What are the county agency's responsibilities during an interview?

(1) Review the information appearing on the application, and explore and resolve unclear and incomplete information.

(2) Perform necessary collateral contacts and collect necessary verifications.

(3) Conduct the interview as an official and confidential discussion of assistance group circumstances.

(4) Protect the applicant's right to privacy during the interview. County agencies are to ensure that the facilities used to conduct the interview preserve the privacy and confidentiality of the interview.

(5) Advise assistance groups that are also applying for or receiving Ohio works first (OWF) cash assistance benefits that time limits and other duties that apply to the receipt of OWF benefits do not apply to the receipt of SNAP, and that assistance groups that stop receiving OWF benefits because they have reached a time limit, have begun working, or for other reasons, may still qualify for SNAP benefits.

(6) Confirm the assistance group is not subject to an intentional program violation.

(7) In accordance with rule 5101:9-2-02 of the Administrative Code, the county agency is to comply with the Americans with Disabilities Act of 1990 (ADA) plan adopted by the county agency. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the amendments to Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 2008 and offering additional screening to any individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(8) Notify the assistance group of their right to request a copy of their completed application.

(9) Confirm that a member of the assistance group has not been convicted of and is not out of compliance with the terms of the sentence for crimes described in rule 5101:4-2-03 of the Administrative Code. The county agency is to document the individual's attestation in the case record.

(10) In accordance with rule 5101:4-3-11 of the Administrative Code, determine if each assistance group member is subject to one or more work requirements by screening for exemptions from the work requirements.

(11) Advise assistance groups of their rights and responsibilities during the interview, including the appropriate application processing standard and the assistance group's responsibility to report changes. This includes:

(a) For each individual determined to be subject to a work requirement, a comprehensive oral explanation of each applicable work requirement that includes:

(i) The general work requirements;

(ii) The able-bodied adults without dependents (ABAWDs) work requirement, time-limit and process for regaining eligibility after reaching the ABAWD time-limit;

(b) The assistance group's responsibility to report changes in accordance with rule 5101:4-7-01 of the Administrative Code; and

(c) The availability of SNAP employment and training (E&T) services for individuals who would be appropriate for referral to SNAP E&T in accordance with rule 5101:4-9-01 of the Administrative Code and asking if they wish to be referred to SNAP E&T.

(12) Ensure each member of the assistance group subject to a work requirement receives a written notice during the certification process that includes the following information:

(a) The applicable work requirement including:

(i) The general work requirements described in rule 5101:4-3-12 of the Administrative Code; and

(ii) The ABAWD work requirement described in rule 5101:4-3-13 of the Administrative Code.

(b) Exemptions from each applicable work requirement;

(c) The process to request an exemption, including contact information to request an exemption;

(d) Rights and responsibilities of each applicable work requirement;

(e) What is necessary to maintain eligibility under each applicable work requirement;

(f) Pertinent dates by which an individual is to take any actions to remain in compliance with each applicable work requirement;

(g) Consequences for failure to comply with each applicable work requirement;

(h) The process for requesting good cause, including examples of good cause circumstances and contact information to initiate a good cause request; and

(i) Any other information the county agency believes would assist the assistance group members with compliance.

(E) What happens when an assistance group misses its interview?

(1) The county agency is to notify an assistance group of its missed interview appointment by using the JFS 04218 "Notice of Missed Interview" or the statewide automated eligibility system equivalent, in accordance with rule 5101:4-5-07 of the Administrative Code and inform the assistance group they are responsible for rescheduling a missed interview.

(2) When the assistance group contacts the county agency within the thirty-day application processing period, the county agency is to schedule a second interview.

(3) The county agency is not to deny an assistance group's application prior to the thirtieth day when the assistance group fails to appear for the first scheduled interview.

(4) When the assistance group requests a second interview during the thirty-day application processing period and is determined eligible, the county agency is to issue prorated benefits from the date of application.

Last updated October 1, 2024 at 9:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 11/18/2026
Prior Effective Dates: 10/1/1981, 9/10/1984, 12/21/1989, 7/1/1992, 7/1/1994, 5/13/2002, 9/1/2012, 10/1/2014

Rule 5101:4-2-09 | Food assistance: verification procedure.

• Effective: October 1, 2024
• Promulgated Under: 111.15

(A) What is verification?

Verification is used to support and document what was reported on the JFS 07200, "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or Child Care Assistance" during the application process and to provide clarification on any questionable information. The county agency is to allow assistance groups at least ten days to provide needed verification.

(B) Whose responsibility is it to provide verification?

(1) The assistance group has primary responsibility for providing verification to support its statements on the application and resolve any questionable information. An assistance group may supply verification in person, through the mail, by fax, electronically, or through an authorized representative. The county agency is not to require the assistance group to present verification in person.

(2) The county agency is to assist the assistance group in obtaining verification provided the assistance group has not refused to cooperate as specified in rule 5101:4-2-01 of the Administrative Code. If it would be difficult or impossible for the assistance group to obtain verification in a timely manner, or the county agency can obtain the verification faster, the county agency is to offer assistance in obtaining the verification.

(3) The county agency is not required to assist an assistance group in obtaining verification of alien status except when the documentation is unclear and the county agency receives the applicant's permission to contact the U.S. citizenship and immigration service (USCIS). The county agency is also not required to assist the assistance group in obtaining verification of shelter costs for an unoccupied home when verification would have to be obtained from sources outside of the county.

(C) What are the mandatory verifications for expedited service certifications?

(1) Identity is the only verification required prior to the authorization of expedited benefits. All other verifications can be postponed when they cannot be submitted within the expedited timeframe. When an authorized representative applies on behalf of the assistance group, the identity of both the authorized representative and the assistance group name is to be verified.

(2) The county agency is to require the applicant to register for work when an exemption is not met. The agency may attempt to register other assistance group members, but it is not to prevent the authorization of an eligible expedited assistance group.

(D) What verification is necessary for normal application processing?

Assistance groups certified under normal processing standards (as opposed to expedited processing standards) are to provide verification of all the following items:

(1) Gross income.

(2) Rent or mortgage payment. Homeless assistance groups claiming shelter expenses are to provide verification of their shelter expense to qualify for the homeless shelter deduction. When a homeless assistance group has difficulty in obtaining traditional types of verification of shelter costs, the county agency is to obtain alternate types of verification that accurately verify the expense.

(3) Utility and shelter expenses.

(4) Non-reimbursable medical expenses. Non-reimbursable medical expenses only apply to assistance group members who are age sixty or over, or who meet the definition of disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(5) Dependent care expenses.

(6) Eligible alien status as defined in rule 5101:4-3-07 of the Administrative Code.

(7) Social security numbers (SSN). Providing a SSN for each assistance group member is voluntary. However, failure to provide a SSN will result in the denial of supplemental nutrition assistance program (SNAP) benefits for that individual. SSNs provided will be used in accordance with rule 5101:4-3-22 of the Administrative Code. When a SSN has been verified, the county agency is to document the information in the assistance group's file to prevent the unnecessary re-verification of the SSN in the future. The county agency is to accept that a SSN is verified when it was already verified through the OWF or medicaid programs. A verified SSN is to be re-verified only when the identity of the individual or the SSN becomes questionable.

(8) Residency. Residency is to be verified except in unusual cases such as homeless assistance groups, some migrant farm worker assistance groups, or an assistance group just moving into the county where verification of residency cannot reasonably be provided.

(9) Identity. Identity applies to the person making the application. Where an authorized representative applies on behalf of an assistance group, the identity of both the authorized representative and the assistance group name is to be verified. Identity may be verified through readily available documentary evidence or, when unavailable, through a collateral contact. Any documents reasonably establishing the applicant's identity is to be accepted, and no requirement for a specific type of document may be imposed.

(10) Disability. The county agency is to verify an assistance group member is disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(11) Student income. Student income is to be verified in accordance with rule 5101:4-4-13 of the Administrative Code.

(12) Physical or mental disability: student exemption. When a person claims to be physically or mentally unfit for purposes of the student exemption contained in paragraph (B)(2) of rule 5101:4-6-04 of the Administrative Code, verification may be needed. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist. If the individual's physical or mental disability is evident to the county worker verification is not needed but the disability should be noted in the case record.

(13) Child support payments. The county agency is to obtain verification of the assistance group's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the assistance group actually pays. Documents accepted as verification of the assistance group's legal obligation to pay child support are not to be accepted as verification of the assistance group's actual monthly child support payments. County agencies are strongly encouraged to obtain information regarding an assistance group member's child support obligation and payments from child support enforcement agency files. The county agency is to give the assistance group an opportunity to resolve any discrepancy between assistance group verification and child support enforcement agency records.

(14) Able-bodied adults without dependents (ABAWDs): hours worked. For individuals subject to the SNAP time limit in rule 5101:4-3-20 of the Administrative Code who are satisfying the work requirement by working, by combining work and participation in a work program, or by participating in a work program that is not operated or supervised by the state or county agency, the individuals' work hours are to be verified. Unpaid work hours are to be verified by using the JFS 7410 "ABAWD Verification of Unpaid Hours."

(15) ABAWDs: countable months in another state. For individuals subject to the SNAP time limit of rule 5101:4-3-20 of the Administrative Code, the county agency is to verify the number of countable months an individual has used in another state when there is an indication the individual participated in that state as defined in rule 5101:4-3-20 of the Administrative Code. The normal processing standards of paragraph (A) of rule 5101:4-2-11 of the Administrative Code apply. The county agency may accept another state agency's assertion as to the number of countable months an individual has used in another state.

(16) Assistance group composition: the county agency is to verify factors affecting the composition of an assistance group only when questionable.

(E) What is the standard verification for categorically eligible assistance groups?

(1) Assistance groups determined categorically eligible because of receipt of Ohio works first (OWF), supplemental security income (SSI) or prevention retention contingency (PRC), the following factors are waived and do not require verification as described in paragraph (D) of this rule:

(a) Social security number;

(b) Sponsored alien information; and

(c) Residency.

(2) Assistance groups determined categorically eligible because of the notification of the Ohio careline services are to verify the factors as described in paragraph (D) of this rule.

(F) When may an application be approved without verification?

The county agency is not to delay the certification for benefit issuance beyond thirty days:

(1) To an otherwise eligible assistance group to only verify the SSN of an assistance group member.

(2) To verify a claimed but unverified expense as described in paragraph (J) of rule 5101:4-4-23 of the Administrative Code. As soon as all other steps necessary to certify an assistance group are completed, the county agency is to certify the benefits.

(G) What should be done when questionable information is received?

(1) When the applicant provides information that is questionable and may affect the eligibility or benefit level, the county agency is to request verification. The information may be determined to be questionable when what is reported on the JFS 07200 is different from what the applicant reported during the interview, different from the information the agency had already obtained, or different from what may have been reported on a previous JFS 07200.

(2) An example of something that may be determined questionable is when the applicant's expenses exceed the assistance group's income. The county agency is to request additional verification to determine how the expenses are being met. When the applicant does not submit supporting documentation on how the expenses are being met, that alone is not grounds to deny the application. The county agency is to then explore if the applicant receives any additional income or if there are resources from which they may be paying the expense. The agency is to verify how long the applicant has been managing their finances in this manner and then document the verification in the case file.

(H) What type of verification is to be documented in the case file?

The county agency s to include all information in the case file documenting and supporting the actions taken in determining eligibility. All requests for additional verification is to be documented in the case file. Any actions taken because of the additional verification are to also be included.

(I) What are acceptable forms of verification?

There are four types of verification: documentary evidence, collateral contacts, client statements and home visits. When documentary evidence is not able to be obtained a collateral contact should be acceptable when available. In the event a collateral contact is not available a client statement or home visit may be used. A client statement or home visit should be a county agency's last option; however, when determining benefits the best available information should be used. Further information explaining each verification is below:

(1) Documentary evidence

(a) Documentary evidence can be used as a primary source of verification. Documentary evidence consists of a written confirmation of the applicant's circumstances. Examples of documentary evidence include but are not limited to: pay stubs, rent receipts, utility bills, etc. When the agency uses pay stubs and they are not included in the case file, the agency is to include the name, address, dates, and gross amounts listed on the pay stubs in the case file.

(b) Although documentary evidence is to be a primary source of verification, acceptable verification is not to be limited to any single type of document. The verification may be obtained through the applicant or another source. When documentary evidence cannot be obtained or when what was obtained is insufficient to be able to make a determination, the county agency is to pursue a collateral contact.

(2) Collateral contact

(a) A collateral contact is an oral confirmation of the assistance group's circumstance by a person not included in the assistance group. The confirmation could be made in person or over the phone. The contact cannot be limited to any one particular person but may be anyone who can provide an accurate third-party verification.

Examples of acceptable collateral contacts include but are not limited to: employers, community action groups, migrant service agencies, landlords, social services agencies, neighbors of the applicant, or other persons not included in the assistance group.

(b) When the county agency is attempting to obtain information from a collateral contact they are to only disclose the necessary information in order to obtain the verification without disclosing the applicant has applied for SNAP. The agency cannot disclose any information the applicant provided nor can there be any information provided to the collateral contact suggesting that the applicant provided any incorrect information.

(c) The county agency is to rely on the applicant to provide the name for a collateral contact. The county agency may select a collateral contact when the applicant fails to select one. A signed release is not needed. The applicant may request assistance in selecting a collateral contact. The county agency does not have to use the collateral contact provided by the applicant if there is reason to believe they will be unable to provide accurate third party verification. The county agency may request an alternate collateral contact from the applicant, select an alternate collateral contact themselves, use another method in obtaining the necessary verification, or conduct a home visit.

(3) Client statement

(a) On a case-by-case basis client statement may be acceptable verification when no other verification is available.

(b) When client statement is used as verification, it is to be documented in the case record.

(4) Home visits

(a) Home visits may be used on a case-by-case basis as verification only when documentary evidence is insufficient, a collateral contact is unavailable and the client statement is insufficient or questionable.

(b) The home visit is to be scheduled in advance with the applicant.

(c) When the assistance group's circumstances appear to be error prone, that alone does not mean a home visit is the most appropriate method of verification.

(J) How are discrepancies in information handled?

(1) When the agency receives unverified information from a source other than the assistance group, the agency is to allow the assistance group a reasonable opportunity to resolve the discrepancy prior to taking any action on the case.

(2) The county agency may attempt to verify the information with a third party and contact the assistance group only when the agency cannot obtain the verification.

(3) When the county agency is notified of information by the income eligibility verification system, the county agency may obtain verification from a third party as specified in rule 5101:4-7-09 of the Administrative Code.

(K) What verification is needed at recertification?

At recertification the county agency does not have to verify unchanged information unless the information is questionable or outdated. The county agency is to verify the elements of eligibility that are subject to change. Changes reported during recertification are subject to the same verification procedures that apply during normal application processing as decribed in paragraph (D) of this rule.

(L) What verification is needed for reported changes?

Changes reported during the certification period are subject to the same verification procedures that apply at initial certification.

Last updated October 1, 2024 at 9:28 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 9/1/2026
Prior Effective Dates: 11/11/1983, 11/1/1985 (Emer.), 5/1/1986 (Emer.), 10/25/1987 (Emer.), 9/1/1988 (Emer.), 10/1/1989 (Emer.), 1/5/1990 (Emer.), 3/22/1990, 12/1/1991, 10/30/1992, 9/1/1994 (Emer.), 9/1/1994, 10/1/1994, 9/22/1996 (Emer.), 6/6/1997, 8/27/2001, 7/1/2006, 8/1/2010, 10/1/2015

Rule 5101:4-2-11 | Food assistance: timeliness standard and benefit issuance.

• Effective: September 24, 2022
• Promulgated Under: 111.15

(A) What are the general standards for application processing?

(1) An assistance group's eligibility shall be determined and benefits shall be authorized for an eligible assistance group as soon as possible but no later than thirty calendar days after the assistance group or its representative files the application. Applications for residents of public institutions shall follow the standards described in rule 5101:4-2-01 of the Administrative Code.

(2) Assistance groups who apply for benefits after the fifteenth day of the month shall receive their prorated allotment for the initial month of application and their first full month allotment at the same time. Assistance groups not entitled to a combined allotment are as follows:

(a) An assistance group whose initial month prorated benefits are less than ten dollars.

(b) An assistance group determined ineligible to receive benefits for the initial month of application.

(c) An assistance group determined ineligible to receive benefits the month following the initial month's prorated benefits.

(d) An assistance group that has not provided necessary verification to determine eligibility.

(B) When should a case be denied?

(1) An assistance group found to be ineligible shall be sent a notice of denial as soon as possible, but no later than thirty days following the date the application was filed. When the assistance group failed to appear for a scheduled interview and has made no contact with the county agency to express interest in pursuing the application after being issued a JFS 04218 "Notice of Missed Interview" in accordance with paragraph (E) of rule 5101:4-2-07 of the Administrative Code, the county agency shall send the assistance group a notice of denial on the thirtieth day following the date of application.

(2) When the county agency conducted an interview with an assistance group and verifications requested in accordance with rule 5101:4-2-09 of the Administrative Code were not received within ten calendar days of the request and the applicant did not ask for assistance in obtaining the verifications, the county agency may deny the application on the first business day immediately following the tenth day, but no later than the thirtieth day following the date of application.

(a) When all the requested verifications are received after the date of the denial but before the thirtieth day following the date of application, the county agency shall rescind the denial and determine eligibility from the date of application.

(b) The county agency shall offer assistance in obtaining the verifications when requested by the assistance group.

(C) How are benefits issued?

Supplemental nutrition assistance program (SNAP) benefits will be issued to assistance groups into an account and drawn down electronically by means of an electronic benefit transfer (EBT) card that recipients use to make purchases. The county agency shall inform an assistance group of the date the benefits will be available.

(D) How are assistance group-initiated adjustments made when an error has occurred in a benefit transaction?

(1) The assistance group shall request an adjustment through the EBT vendor within ninety calendar days of the error transaction. A recipient requests an adjustment by contacting the vendor through the customer service department that is listed on the back of the EBT card.

(2) Adjustments requested within ninety calendar days shall be investigated, have a decision made and funds moved within ten business days of the error being reported.

(E) How does the assistance group dispute a decision from a retailer-initiated adjustment request?

(1) The assistance group has ninety days from the date of the notice to request a fair hearing.

(2) When the assistance group disputes an adjustment and requests a hearing within ten days of the notice, a provisional credit shall be made to the assistance group's account.

(F) What happens when the assistance group's EBT card is lost, stolen or not received?

The assistance group shall contact the EBT card vendor's customer service center to request a replacement card. The vendor mails the replacement EBT card within two business days of receiving the replacement request from the assistance group.

(G) When are benefits expunged from an EBT account?

SNAP benefits are expunged from an EBT account when:

(1) An EBT account is inactive. An EBT account is considered inactive when the assistance group has not made a purchase or return for nine months (two hundred seventy-four days).

(a) SNAP benefits are expunged from the EBT account as each benefit allotment ages to nine months (two hundred seventy-four days) since the date of issuance or since the date of last account activity, whichever date is later.

(b) If at any time after the expungement process begins, the assistance group initiates activity affecting the balance of the account, SNAP benefits will stop expunging from the EBT account and the aging process will start over for the remaining benefits.

(2) When it is verified that all members of the assistance group are deceased, the entire remaining SNAP balance in the assistance group's EBT account is expunged at that time.

(H) What are the expungement noticing requirements?

(1) Not later than thirty days before benefit expungement is scheduled to begin, the assistance group is provided written notice that benefits in their EBT account are approaching expungement due to inactivity. The notice includes:

(a) The date upon which benefits are scheduled to be expunged,

(b) The steps necessary to prevent the expungement and

(c) The right to request a fair hearing.

(2) A notice is not required when benefits are expunged in accordance with paragraph (G)(2) of this rule.

Last updated September 26, 2022 at 8:38 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 9/1/2025
Prior Effective Dates: 4/1/1997 (Emer.), 6/6/1997, 5/1/2000, 10/1/2011, 6/1/2015, 9/1/2020