This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:4-3-03 | Food assistance: nonfinancial eligibility standard-residency.
(A) What is the residency
requirement? An assistance group must file an application for
participation with the county agency that serves the county in which the
assistance group resides. The county agency shall not impose any durational
residency requirements. Residency shall not mean an intent to permanently
reside in the state or county; however, individuals in a county solely for
vacation shall not be considered residents. A fixed residence is not required;
for example, migrant campsites satisfy the residency requirement. The county
agency shall not require an otherwise eligible assistance group to have a
permanent dwelling or have a fixed mailing address as a condition of
eligibility. (B) May an individual participate in more
than one assistance group in a month? An individual may not participate as a member of
more than one assistance group in any month. The only exception is when the
individual is a resident of a shelter for battered persons and their children
as defined in rule 5101:4-6-27 of the Administrative Code and was a member of
an assistance group containing the individual who had abused him or her.
Residents of shelters for battered persons and their children shall be handled
in accordance with rule 5101:4-6-27 of the Administrative Code. (C) What residency information is
requested on an application? The application asks for both a physical address
and a mailing address. When the two are different, the county agency shall
request that both addresses be given. When the address is a rural route,
information shall be given that will provide directions to the home. Addresses
on an application shall be verified in accordance with rule 5101:4-2-09 of the
Administrative Code.
Last updated June 1, 2022 at 8:22 AM
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Rule 5101:4-3-06 | Food assistance: victims of trafficking.
(A) What is the definition of
"severe forms of trafficking in persons"? As described in 22 U.S.C. 7102 (01/2021), the
term "severe forms of trafficking in persons" is defined as: (1) Sex trafficking in
which a commercial sex act induced by force, fraud or coercion, or in which the
person is induced to perform such an act is under the age of eighteen years;
or (2) Labor trafficking in
which 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 may be eligible for benefits as
a result of being a victim of a severe form of trafficking? (1) Adult victims who
have been certified by the United States office of refugee resettlement (ORR),
within the department of health and human services, are eligible for benefits
and services to the same extent as an alien who is admitted to the United
States as a refugee under Section 207 of the Immigration and Nationality Act of
1952. (2) Victims who are under
the age of eighteen are also eligible for benefits to the same extent as
refugees, but do not need to be certified by the ORR; however, they do need a
letter of eligibility. (3) A holder of a
"T-2", "T-3", "T-4", "T-5", or
"T-6" visa (collectively referred to as "Derivative T
Visas") is considered a family member of a victim of a severe form of
trafficking. These individuals are eligible for supplemental nutrition
assistance program (SNAP) benefits to the same extent as direct victims of
severe trafficking, provided that they meet the other eligibility criteria for
the program. County agencies shall follow the procedures outlined in paragraphs
(D) and (E) of this rule in determining eligibility for these individuals. The
eligible relatives of trafficking victims includes: (a) In the case of an alien who is awarded a "T" visa
and who is under twenty-one years of age on the date the "T" visa
application was filed, derivative "T" visas are available to the
alien's parents, spouse, children, unmarried siblings under eighteen years
of age on the date on which the alien's visa application was
filed. (b) In the case of an alien who is awarded a "T" visa
and was twenty-one years of age or older on the date the "T" visa
application was filed, the derivative "T" visas are available to the
alien's spouse and children. (C) Who determines if an individual is a
victim of a severe form of trafficking? ORR 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 of eligibility, similar to adult certification
letters, stating that the child is a victim of a severe form of
trafficking. (D) What are the procedures for
determining eligibility for victims of trafficking? The county agency shall: (1) Accept the notarized
letter of certification or letter of eligibility for children as described in
paragraph (C) of this rule and retain a photocopy in the case file. Victims of
severe forms of trafficking are not required to provide any other immigration
documents to receive benefits. (2) Call the ORR
trafficking victims verification toll-free number, (866) 401-5510, to confirm
the validity of the notarized letter of certification before providing
benefits. During the verification telephone call, the county agency shall
notify ORR of the benefits for which the victim of trafficking has
applied. (3) Confirm identity.
Benefits shall not be automatically denied when the individual is unable to
provide verification of identity. The county agency shall call the ORR
trafficking victims verification toll-free number for assistance. (4) Assist in obtaining a
social security number (SSN) in accordance with rule 5101:4-3-22 of the
Administrative Code. The county agency shall not delay, deny, or discontinue
assistance to any eligible applicant because he or she does not have a SSN.
When an individual is required to provide or apply for a SSN for another
benefit program, such as medicaid or Ohio works first, or the victim of severe
forms of trafficking does not yet have or is unable to obtain a SSN for work
purposes, assistance must be given to these individuals in obtaining non-work
SSN's as follows: The individual must present a letter
that: (a) Is on county agency letterhead; (b) Includes the applicant's name; (c) States that the applicant meets the requirements to receive
the benefit except for the SSN; and (d) Cannot be a generic application, form letter, or
photocopy. (5) Note the "entry
date" for refugee benefits purposes in the case record of the statewide
automated eligibility system once the notarized letter of certification for
adults or letter of eligibility for children is received and the validity of
the document is verified. The entry date is the date of certification and
appears in the body of the notarized letter of certification for adults or
letter of eligibility for children. (6) Determine eligibility
or redetermine eligibility in accordance with division 5101:4 of the
Administrative Code. (7) Issue benefits. When
the applicant meets other program eligibility criteria (e.g., income levels) in
accordance with division 5101:4 of the Administrative Code, the individual
shall receive benefits and services to the same extent as a
refugee. (E) How is an individual handled who
does not have a notarized letter of certification for an adult or a letter of
eligibility for a child from ORR? When a county agency encounters 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 notarized letter of certification or
letter of eligibility in the case of a child, the county agency shall contact
ORR for assistance.
Last updated May 2, 2022 at 8:51 AM
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Rule 5101:4-3-07 | Food assistance: citizenship, alien status, and reporting illegal aliens.
Effective:
February 1, 2021
This rule describes the nonfinancial eligibility
standards used to determine citizenship and alien status of individuals
applying for or receiving supplemental nutrition assistance program (SNAP)
benefits. Unless an individual meets the criteria described in rule 5101:4-3-06
of the Administrative Code for victims of severe forms of trafficking, the
individual must meet the requirements of this rule to receive SNAP. (A) Who is eligible for
SNAP? (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 Virgin islands. In addition, non-citizen nationals from
American Samoa or Swain's island are considered U.S. citizens for the
purposes of the SNAP program. (2) An individual who
is: (a) An American Indian who: (i) Was born in Canada
and possesses at least fifty per cent of blood of the American Indian race to
whom the provisions of section 289 of the Immigration and Nationality Act of
1952 (INA), 8 U.S.C. 1359 (06/1952), apply; or (ii) Is a member of an
Indian tribe as defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act of 1951, 25 U.S.C. 450b(e) (12/2000), that is
recognized as eligible for the special programs and services provided by the
U.S. to Indians because of their status as Indians. (b) A member of the Hmong or Highland Laotian tribe who
is: (i) An individual
lawfully residing in the U.S. and who was a member of the Hmong or Highland
Laotian tribe at the time that the tribe rendered assistance to U.S. personnel
by taking part in a military or rescue operation during the Vietnam era
beginning August 5, 1964 and ending May 7, 1975; (ii) The spouse, or
surviving spouse of such Hmong or Highland Laotian described in paragraph
(A)(2)(b)(i) of this rule; or (iii) An unmarried
dependent child, or surviving dependent child of such Hmong or Highland Laotian
described in paragraph (A)(2)(b)(i) of this rule who is under the age of
eighteen or a full-time student under the age of twenty-two provided the child
was dependent upon him or her at the time of his or her death; or an unmarried
disabled child age eighteen or older if the child was disabled and dependent on
the person prior to the child's eighteenth birthday. Child means the
legally adopted or biological child of the person described in paragraph
(A)(2)(b)(i) of this rule. (3) An alien determined
to be a qualified alien as described in paragraph (B) of this rule. A qualified
alien is a federal term referring to a pool of non-U.S. citizens eligible to
receive SNAP, provided all other eligibility requirements are met. (B) Who is considered a qualified
alien? An alien that meets the criteria described in
paragraph (B)(1) of this rule is considered to be a qualified alien for the
SNAP program. An alien that meets the criteria described in paragraph (B)(2) of
this rule must also meet at least one of the additional criteria listed in
paragraph (B)(3) of this rule to be considered a qualified alien for the SNAP
program. (1) An alien with an
alien status listed below is a qualified alien for the purposes of the SNAP
program: (a) An alien who is granted asylum under section 208 of the INA,
8 U.S.C 1158 (12/2008); (b) A refugee who is admitted to the U.S. under section 207 of
the INA, 8 U.S.C. 1157 (5/2005); (c) 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); (d) An alien whose deportation or removal is being withheld under
section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal
is withheld under section 241(b)(3) of the INA, 8 U.S.C 1231
(1/2006); (e) An alien who is a Cuban or Haitian entrant as defined in
section 501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. 1522
note (9/1996); (f) 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);
or (g) A lawful alien with one of the following military
connections: (i) A veteran honorably
discharged for reasons other than alien status, who fulfills the minimum
active-duty service requirements of 38 U.S.C. 5303A(d), (12/2016) including an
individual who died in active military, naval or air service duty. The
definition of veteran includes an individual who served before July 1, 1946, in
the organized military forces of the government of the commonwealth of the
Philippines while such forces were in the service of the armed forces of the
U.S. or in the Philippine scouts, as described in 38 U.S.C 107
(10/2010). (ii) An individual on
active duty (other than training) in the armed forces of the U.S. (iii) The spouse and
unmarried dependent children of a person described in paragraph (B)(1)(g)(i) or
(B)(1)(g)(ii) of this rule, including the spouse of a deceased veteran,
provided the marriage fulfilled the requirements of 38 U.S.C. 1304 (8/1991) and
the spouse has not remarried. An unmarried dependent child is: a child who is
under the age of eighteen or, a full-time student, under the age of twenty-two;
an unmarried dependent child of a deceased veteran provided the child was
dependent upon the veteran at the time of the veteran's death, or an
unmarried disabled child age eighteen or older if the child was disabled and
dependent on the veteran prior to the child's eighteenth birthday. Child
means the legally adopted or biological child of the person described in
paragraph (B)(1)(g)(i) or (B)(1)(g)(ii) of this rule. (2) The following aliens
must also meet at least one of the additional criteria listed in paragraph
(B)(3) of this rule in order to be considered a qualified alien for the SNAP
program: (a) An alien lawfully admitted for permanent residence under the
INA; (b) An alien paroled into the U.S. under section 212(d)(5) of the
INA, 8 U.S.C 1182 (3/2013) for a period of at least one year; (c) An alien granted conditional entry pursuant to section
203(a)(7) of the INA as in effect prior to April 1, 1980; (d) An alien 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 residing in the same residence as the alien at the time of the abuse, an
alien whose child has been battered or subjected to battery or cruelty, or an
alien child whose parent has been battered. Verification and documentation
procedures for this status are defined in exhibit B of attachment 5 of the
department of justice (DOJ) interim guidance dated November 17, 1997 (62 FR
61344). (3) The additional
criteria for aliens listed in paragraph (B)(2) of this rule are: (a) Has resided in the U.S. for a period of five years or more
beginning on the date of the alien's entry into the U.S. The status as a
qualified alien, as defined in paragraph (B)(2) of this rule, must be
maintained during the five year period; (b) Is under eighteen years of age, regardless of the date of
entry; (c) Is in receipt of federal government benefits or assistance
for disability or blindness regardless of the date of entry, or; (d) Is an alien lawfully admitted for permanent residence under
the INA who has forty qualifying quarters as determined under Title II of the
Social Security Act (8/1996). (C) How does a county agency determine
when a qualified alien has forty qualifying quarters? The county agency shall: (1) Include qualifying
quarters from the work of a parent (natural, adoptive and step) of the alien
before the alien became eighteen years of age (including quarters worked before
the alien was born or adopted); (2) Include qualifying
quarters credited from the work of a spouse of the alien during their marriage
when they are still married or the spouse is deceased; (3) Exclude quarters of a
spouse when the couple divorces prior to a determination of SNAP eligibility.
However, when the county agency determines eligibility of an alien based on the
quarters of coverage of the spouse, and then the couple divorces, the
alien's eligibility continues until the next recertification. At that
time, the county agency must determine the alien's eligibility without
crediting the alien with the former spouse's quarters of
coverage; (4) Exclude quarters that
the alien actually received any federal means-tested public benefit, such as
Ohio works first, supplemental security income or medicaid, or actually
received SNAP benefits. Likewise, a parent's or spouse's quarter is
not creditable when the parent or spouse actually received any federal
means-tested public benefit or actually received SNAP benefits in that
quarter; The county agency must evaluate quarters of
coverage and receipt of federal means-tested public benefits on a calendar year
basis. The county agency must first determine the number of quarters creditable
in a calendar year, then identify those quarters that the alien (or parent or
spouse of the alien) received federal means-tested public benefits and then
remove those quarters from the number of quarters of coverage earned or
credited to the alien in that calendar year. However, when the alien earns the
fortieth quarter of coverage prior to applying for SNAP benefits or any other
federal means-tested public benefit in that same quarter, the county agency
must allow that quarter toward the forty qualifying quarters total. (5) Verify whether a
lawful permanent resident has earned or can receive credit for a total of forty
qualifying quarters. However, the quarters of coverage history system (QCHS) of
the social security administration (SSA) may not show all qualifying quarters.
For instance, SSA records do not show current year earnings and in some cases,
the last year's earnings, depending on the time of the request. Also, in
some cases, an applicant may have work from uncovered employment that is not
documented by SSA, but is countable toward the forty quarters test. In both
these cases, the individual, rather than SSA, would need to verify the quarters
(D) What are the citizenship and alien
status verification requirements? (1) When an assistance
group indicates that one or more of its members are U.S. citizens, but the
county agency questions this declaration, the county agency must verify the
member's citizenship in accordance with "attachment 4" of the
U.S. DOJ interim guidance dated November 17, 1997 (62 Fed. Reg. 61344) that
outlines documents that verify an individual's status as a U.S. citizen or
non-citizen national: (a) When the forms of verification suggested in "attachment
4" of the U.S. DOJ interim guidance cannot be obtained and the assistance
group can provide a reasonable explanation as to why verification is not
available, the county agency shall accept a signed statement from a third party
indicating a reasonable basis for personal knowledge that declares under
penalty of perjury that the member in question is a U.S. citizen. The signed
statement shall contain a warning of the penalties for helping someone commit
fraud. (b) Absent verification or third party attestation of U.S.
citizenship, the member whose citizenship is in question is ineligible to
participate until the issue is resolved. The member whose citizenship is in
question will have his or her income and resources considered available to any
remaining assistance group members as described in rule 5101:4-6-13 of the
Administrative Code. (c) The county agency shall accept participation in another
program as acceptable when verification of citizenship was obtained for that
program. (2) An alien is
ineligible for SNAP until acceptable documentation is provided
unless: (a) The county agency has submitted a copy of a document provided
by the assistance group to the U.S. citizenship and immigration service (USCIS)
under the U.S. department of homeland security (DHS) for verification. Pending
such verification, the county agency shall not delay, deny, reduce or terminate
the individual's eligibility for benefits on the basis of the
individual's immigration status. (b) The applicant or county agency has submitted a request to SSA
for information regarding the number of quarters of work that can be credited
to the individual. SSA has responded that the individual has fewer than forty
quarters, and the individual provides documentation from SSA that SSA is
conducting an investigation to determine if more quarters can be credited. When
SSA indicates that the number of qualifying quarters that can be credited is
under investigation, the county agency must certify the individual for up to
six months from the date of the original determination of insufficient quarters
pending the results of the investigation. (c) The applicant or the county agency has submitted a request to
a federal agency for verification of information affecting the
individual's eligible alien status. The county agency must certify the
individual for up to six months from the date of the original request for
verification pending the results of the investigation. (E) Is there a timeframe for verifying citizenship? (1) The county agency
must provide alien applicants with a reasonable opportunity to submit
acceptable documentation of their eligible alien status. A reasonable
opportunity must be at least ten days from the date of the county agency's
request for an acceptable document. (2) When the county
agency fails to provide an alien applicant with a reasonable opportunity to
submit documentation, the county agency must provide the assistance group with
benefits no later than thirty days following the date of application, provided
the assistance group is otherwise eligible. (F) How does the county agency determine
the validity of documents? (1) The county agency
shall verify the authenticity of the documentation of eligible alien status of
applicant aliens. When an alien does not wish for the county agency to contact
the USCIS to verify his or her immigration status, the county agency must give
the assistance group the option of withdrawing its application or participating
without that assistance group member in accordance with paragraph (H) of this
rule. The U.S. DOJ interim guidance dated November 17, 1997 (62 FR 61344)
contains information on acceptable documents and USCIS 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. In
some instances validity of documents shall be verified by submitting the USCIS,
"Document Verification Request" form G-845 (5/29/2018) to the
appropriate office, along with the proper documentation. SAVE procedures are
described in rule 5101:4-7-14 of the Administrative Code. (G) What happens when an
individual's status as an alien changes? (1) Each category of
eligible alien status stands alone for purposes of determining
eligibility. (2) Subsequent adjustment
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 must determine if eligibility exists under another
status. (H) What happens when an assistance group
indicates an inability or unwillingness to provide documentation of alien
status? When an assistance group indicates inability or
unwillingness to provide documentation of alien status for any assistance group
member, that member shall be classified as an ineligible alien. In such cases,
the county agency must not continue efforts to obtain that documentation,
unless the individual requests assistance from the county agency. (I) Should the county agency report
illegal aliens? County agencies shall report to the Ohio
department of job and family services when an applicant or recipient is known
to be an illegal alien. To be a known illegal alien, there must be a finding of
fact or a conclusion of law made as part of a formal determination that is
conducted by the USCIS. Only documentation provided by the USCIS or the
executive office of administrative review (e.g. a final order of deportation)
shall be considered evidence.
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Rule 5101:4-3-09 | Food assistance: Ohio works first assistance groups.
This rule sets forth the actions a county agency
shall take on supplemental nutrition assistance program (SNAP) benefits when a
member of an assistance group in which all members are receiving Ohio works
first (OWF) is sanctioned or disqualified from the OWF program for failing a
behavioral requirement in the OWF program designed to improve the well being of
the recipient family, such as participating in work activities or other
provisions of the self sufficiency contract. (A) What is an OWF assistance
group? (1) An OWF assistance
group is defined as an assistance group in which all members are receiving
benefits under Title IV-A of the Social Security Act. The penalties and
sanctions that should be imposed for these assistance groups are described in
rules 5101:1-3-14 and 5101:1-3-15 of the Administrative Code. (2) Assistance groups in
which not all members are receiving OWF shall be treated in accordance with
rules 5101:4-3-11, 5101:4-3-11.1, 5101:4-3-11.2 and 5101:4-3-19 of the
Administrative Code. (B) When should a county agency apply
this rule? (1) This rule shall be
applied when: (a) An individual is receiving OWF benefits at the time the
sanction or disqualification was imposed; or (b) The sanction or disqualification is imposed at the time of
application for continued OWF benefits when there is no break in
participation. (2) This rule shall not
be applied when an individual has: (a) Reached a time limit for time-limited benefits; (b) Failed to reapply or complete the application process for
continued OWF benefits; (c) Failed to perform an action that the individual is unable to
perform as opposed to refusing to perform; (d) Failed to perform purely procedural requirements required by
the OWF program. A procedural requirement, which would not trigger a SNAP
sanction or disqualification, is a step that an individual must take to
continue receiving benefits in the OWF program such as providing verification
of circumstances; or (e) Been sanctioned or disqualified at the time the individual
initially applied for OWF benefits. (C) What circumstances cause an
individual to become ineligible for SNAP rather than sanctioned or
disqualified? (1) Failure or refusal
without good cause of an individual who is an adult or a minor head of
household to complete the appraisal process, as set forth in rule 5101:1-3-11
of the Administrative Code. (2) Failure or refusal of
an individual who is an adult or a minor head of household to sign the self
sufficiency contract, as set forth in rule 5101:1-3-11 of the Administrative
Code. (3) Failure or refusal of
a minor parent to attend the learning, earning and parenting (LEAP) program
assessment, failure to enroll in school, or withdrawal from school, as set
forth in rule 5101:1-23-50 of the Administrative Code. (D) What circumstances cause an
individual to be disqualified from SNAP? In accordance with rule 5101:1-3-11 of the
Administrative Code, a member of an OWF assistance group who is an adult or a
minor head of household shall be disqualified to participate in SNAP for six
payment months when the county agency determines that the member of the
assistance group terminated his or her employment without good cause. (E) What circumstances cause an individual to be sanctioned from
SNAP? (1) Failure by an
individual who is an adult or a minor head of household to comply with
provision(s) contained in the self sufficiency contract without good cause, as
described in rule 5101:1-3-11 of the Administrative Code, shall result in the
imposition of a sanction for that individual as described in rule 5101:1-3-15
of the Administrative Code. (a) Provisions contained within the self sufficiency contract
that could result in a sanction are work activities, alternative activities as
described in rule 5101:1-3-12.12 of the Administrative Code and child support
noncooperation as described in rule 5101:1-3-10 of the Administrative
Code. (b) Subsequent failures to comply with provision(s) contained in
the self sufficiency contract that occur up until the imposition of the
sanction shall be considered the same occurrence. The SNAP sanction or
disqualification period shall be imposed concurrently with the sanction or
disqualification in the OWF program to the extent allowed by normal SNAP
processing times and notice requirements. (2) Failures resulting in
the imposition of a sanction as described in rule 5101:1-3-15 or 5101:4-3-11.2
of the Administrative Code are to be cumulative. (F) What happens when a sanctioned or disqualified individual
changes OWF assistance groups? An individual who causes the sanction or
disqualification carries that sanction or disqualification into another OWF
assistance group until that individual complies. (G) What happens to the sanction when the individual leaves the
OWF program prior to the imposition of the sanction? When an OWF individual leaves the OWF program
prior to the actual imposition of the sanction or disqualification, the
sanction or disqualification will not be held in abeyance. (H) How long does an individual remain sanctioned from SNAP under
the provisions of this rule? (1) The length of the SNAP sanction or
disqualification period shall not exceed the OWF sanction or disqualification
period in accordance with paragraph (C) of rule 5101:1-3-15 of the
Administrative Code. (a) When the sanction or disqualification is still in effect at
the end of one year, the county agency shall review the case to determine when
the sanction or disqualification continues to be appropriate. Sanctions or
disqualifications extended beyond one year must be reviewed at least annually
but may be ended by the county agency at any time. (b) The county agency shall stop the SNAP sanction or
disqualification when it becomes aware that the person has become ineligible
for OWF for some other reason. (2) After a sanction or disqualification
has ended, the individual may apply for SNAP benefits according to rule
5101:4-2-01 of the Administrative Code or be added to the assistance group
according to paragraph (K)(3)(a) of rule 5101:4-7-01 of the Administrative
Code. (I) How is a SNAP sanction that is
imposed in accordance with rule 5101:1-3-15 of the Administrative Code ended
and eligibility regained? The assistance group member who failed or refused
a provision of the self sufficiency contract must: (1) Sign and submit to
the county agency a JFS 03804 "Ohio Works First/Supplemental Nutrition
Assistance Program (SNAP) Sanction Compliance Agreement" or the equivalent
from the statewide automated eligibility system; and (2) Serve the minimum
sanction period. (3) For a second and any
subsequent sanction the assistance group member who failed and/or refused, to
comply with a provision of the self sufficiency contract without good cause,
must demonstrate a willingness to comply with the self sufficiency contract
through the completion of an appropriate compliance activity as assigned by the
county agency in accordance with paragraph (H) of rule 5101:1-3-15 of the
Administrative Code. (J) How are the income and resources of a sanctioned individual
treated? Individuals sanctioned in accordance with this
rule shall have their income and resources treated as described in rule
5101:4-6-13 of the Administrative Code. (K) How is the SNAP benefit allotment
affected? In accordance with rule 5101:4-6-16 of the
Administrative Code, the county agency shall not increase the SNAP allotment as
the result of a decrease in OWF when the decrease is due to the failure of an
assistance group member to perform a required action. (L) How does the county agency process changes that are not
related to the OWF violation? The county agency shall act on changes which are
not related to the OWF violation and that would affect the assistance
group's benefits in accordance with rule 5101:4-7-01 of the Administrative
Code. All individuals who enter the OWF assistance group after the time of the
failure, and otherwise meet eligibility requirements, shall be eligible to
receive SNAP benefits for the appropriate assistance group size.
Last updated June 1, 2022 at 8:22 AM
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Rule 5101:4-3-11 | Food assistance: work registration and exemptions.
(A) What is work
registration? Work registration is the process for identifying
employable individuals who are applying for or are participating in the
supplemental nutrition assistance program (SNAP). Individuals who are work
registered must comply with the requirements described in rule 5101:4-3-11.1 of
the Administrative Code. (B) Who must be work registered for
SNAP? Unless an individual meets one of the following
exemptions, the individual shall be registered for work and be required to
comply with the work registration requirements described in rule 5101:4-3-11.1
of the Administrative Code: (1) A person younger than
sixteen years of age. (a) A sixteen- or seventeen-year-old participant who is not the
assistance group name as defined in rule 5101:4-1-03 of the Administrative Code
is exempt from work registration. (b) A sixteen- or seventeen-year-old participant who is the
assistance group name and is attending school or enrolled in an employment
training program at least half time is exempt from work
registration. (2) Person sixty years of
age or older. (3) A parent or other
assistance group member who is responsible for the care of a dependent child
under age six or an incapacitated person. When a parent and another member of
the assistance group both claim to be responsible for the care of the same
dependent child(ren) or incapacitated assistance group member, only one member
shall be exempt. The responsibility should be determined by discussion with the
applicant. (4) A person receiving
unemployment compensation benefits. A person who has applied for, but is not
yet receiving, unemployment compensation benefits is also exempt when that
person is complying with the requirements of the unemployment compensation
application process. (5) A person determined
by the county agency to be physically or mentally unfit for employment either
permanently or temporarily. An individual is medically certified as physically
or mentally unfit for employment when he or she is: (a) Receiving temporary or permanent disability benefits issued
by governmental or private sources; or (b) Obviously mentally or physically unfit for employment as
determined by the county agency; or when the unfitness is not obvious, provides
a statement from a physician, physician's assistant, nurse, nurse
practitioner, designated representative of the physician's office, a
licensed or certified psychologist, a social worker, or any other medical
personnel the county agency determines appropriate, that he or she is
physically or mentally unfit for employment. The county agency shall maintain
documentation within the case file capable of withstanding a third-party review
to support the granting of the exemption. (6) Assistance group
members who are applying for both SSI and SNAP benefits at the local social
security office shall have the requirement for work registration waived
until: (a) They are determined eligible for SSI and thereby become
exempt from work registration; or, (b) They are determined ineligible for SSI at which time their
exemption from work requirements shall be reevaluated. (7) A regular participant
in a drug addiction or alcoholic treatment and rehabilitation program, either
on a resident or nonresident basis. (8) A student enrolled in
a recognized school, training program, or institution of higher education, as
defined in rule 5101:4-6-04 of the Administrative Code, is exempt from work
registration when enrolled at least half time. (a) A student enrolled at least half time in any recognized
school, training program, or institution of higher education will remain exempt
during normal periods of class attendance, vacation and recess, unless the
student graduates, enrolls less than half-time, is suspended or expelled, drops
out, or does not intend to register for the next normal school term (excluding
summer). (b) Persons who are not enrolled at least half time or who
experience a break in enrollment due to graduation, expulsion, or suspension,
or who drop out or otherwise do not intend to return to school, shall not be
considered students for the purpose of qualifying for this
exemption. (c) The determination of whether the student is enrolled at least
half time is made by the school, training program, or institution of higher
education. (d) A person who is subject to work registration as a condition
of eligibility and whose assignment is to attend a recognized school, training
program, or institution of higher education is not exempt from work
registration. Individuals who are required to work register who are assigned to
a recognized school, training program or institution of higher education
through the employment and training program meet a student exemption defined in
paragraph (B)(4) of rule 5101:4-6-04 of the Administrative Code and are
considered eligible students for the SNAP. (e) A person who is enrolled in a school but taking only
noncredit courses is not considered a student for purposes of this
exemption. (9) An assistance group
member subject to and complying with any work requirement under the Ohio works
first (OWF) program. (10) An employed or
self-employed person working a minimum of thirty hours weekly or earning weekly
wages at least equal to the federal minimum wage multiplied by thirty hours.
This includes migrant and seasonal farm workers under contract or similar
agreement with an employer or crew chief to begin employment within thirty days
(although this shall not prevent individuals from seeking additional services
from the county agency). (C) What procedures shall the county
follow for each work registrant? The county agency shall: (1) Ensure each
individual has received an explanation of their rights and responsibilities
described in paragraphs (D)(3)(a) to (D)(3)(d) of rule 5101:4-2-07 of the
Administrative Code and the consequences of failing to comply with the work
registration requirements described in rule 5101:4-3-11.2 of the Administrative
Code. A written statement of the above shall also be provided to each
individual who is registered for work. A statement shall also be provided when
a previously exempt individual or new assistance group member becomes subject
to a work registration, and every twelve months after initial
registration. (2) Document each
individual registration via the statewide automated eligibility
system. (a) The county agency shall update the statewide automated
eligibility system for each individual required to work register prior to
authorization of SNAP benefits. (b) Individuals required to work register shall not be required
to be present at the time the county agency work registers the individual.
These individuals shall be notified of work registration requirements in
accordance with paragraph (C)(1) of this rule. (3) Provide each work
registrant with information about services available through the OhioMeansJobs
website (OhioMeansJobs.com) and/or the closest OhioMeansJobs
center; (4) Conduct an appraisal in accordance
with rule 5101:4-3-29 of the Administrative Code for each individual subject to
the work registration requirement described in paragraph (A)(5) of rule
5101:4-3-11.1 of the Administrative Code. (5) Provide a
comprehensive oral explanation of the work requirements each assistance group
member is subject to and ensure the assistance group has received the statewide
automated eligibility system generated notice of the work requirements in
accordance with rule 5101:4-2-07 of the Administrative Code. This comprehensive
oral explanation is to be provided at initial certification, when a previously
exempt assistance group member or new assistance group member becomes subject
to the work requirements as described in rules 5101:4-3-11.1 and 5101:4-3-20 of
the Administrative Code, and at recertification. (D) What happens when an individual is no
longer exempt from work registration? (1) The county agency
shall register any person losing exemption status due to any change in
circumstances that is subject to reporting requirements of rule 5101:4-7-01 of
the Administrative Code at the time the change is reported. Registration shall
be documented via the statewide automated eligibility system. (2) The county agency
shall register persons who lose their exemption due to a change in
circumstances that is not subject to reporting requirements of rule 5101:4-7-01
of the Administrative Code at the assistance group's next recertification.
Registration shall be documented via the statewide automated eligibility
system.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-11.1 | Food assistance: work registration requirements.
(A) What are the work registration
requirements for work registered individuals? Each individual required to register for work
shall: (1) Respond to a request for supplemental
information regarding employment status or availability for work; (2) Report to an employer when referred
by the county agency unless the potential employment meets the unsuitability
criteria described in paragraph (E) of this rule; (3) Accept a bona fide offer of suitable
employment when referred by the county agency; (4) Continue suitable employment until it
is no longer considered suitable; the individual is terminated for reasons
beyond the individual's control; or the individual becomes exempt from
work registration; and (5) Participate in the appraisal process
and the supplemental nutrition assistance program (SNAP) employment and
training program (SNAP E&T) in accordance with rule 5101: 4-3-29 of the
Administrative Code, unless the individual is: (a) Pregnant; (b) Under eighteen or fifty years of age or older; (c) A parent (natural, adoptive or step) of an assistance group
member under age eighteen, even when the assistance group member who is under
eighteen is not eligible for SNAP benefits; or (d) Residing in an assistance group where an assistance group
member is under age eighteen, even when the assistance group member who is
under eighteen is not eligible for SNAP benefits. (B) What happens when an individual fails
or refuses to meet the work registration requirements? (1) Failure or refusal to
complete the appraisal process as defined in rule 5101:4-3-29 of the
Administrative Code by a required individual will result in a sanction. A
sanction shall be applied in accordance with rule 5101:4-3-11.2 of the
Administrative Code. County agencies shall follow rule 5101:4-6-13 of the
Administrative Code for the treatment of income and resources of the
individual. (2) Failure or refusal
without good cause to participate in SNAP E&T to the extent required by the
county agency will result in a sanction in accordance with rule 5101:4-3-11.2
of the Administrative Code, with the exception of job retention services as
described in rule 5101:4-3-39 of the Administrative Code. (3) Failure or refusal
without good cause to accept an offer of suitable employment will result in a
sanction. A sanction shall be applied in accordance with rule 5101:4-3-11.2 of
the Administrative Code. Unsuitable employment is defined in paragraph (E) of
this rule. (4) Failure or refusal
without good cause to provide the county agency with sufficient information to
allow the county agency to determine the employment status or the job
availability of the individual will result in a sanction. A sanction shall be
applied in accordance with rule 5101:4-3-11.2 of the Administrative
Code. (5) Voluntarily and
without good cause: quits a job of thirty or more hours a week or reduces work
effort and, after the reduction, the individual is working less than thirty
hours per week will result in a sanction. A sanction shall be applied in
accordance with rule 5101:4-3-11.2 of the Administrative Code. When the
individual reduces his or her work hours to less than thirty a week, but
continues to earn weekly wages that exceed the federal minimum wage multiplied
by thirty hours, the individual remains exempt from work registration in
accordance with rule 5101:4-3-11 of the Administrative Code. (C) What is good cause? (1) The county agency
shall be responsible for determining good cause at any time when a work
registered individual fails or refuses to comply with an appraisal, SNAP
E&T assignment or when a work registered individual voluntarily quits a job
or reduces his or her work effort. In determining whether or not good cause
exists, the county agency shall take into account the facts and circumstances,
including information submitted by the employer and the assistance group member
involved. (2) An able-bodied adult
without dependents (ABAWD) who received good cause for failure to comply with
the mandatory SNAP E&T requirement is to also receive good cause for
failure to comply with the ABAWD work requirement, except as specified in
paragraph (C)(4)(g) of this rule. (3) When a SNAP E&T
provider determines an ABAWD is not suited for participation in the assigned
component as described in rule 5101:4-3-11.2 of the Administrative Code the
individual has good cause from the SNAP E&T assignment and ABAWD work
requirement through the month the individual is notified in writing of the
determination. The ABAWD is to accrue countable months toward their three-month
time limit the next full benefit month after the notification. (4) Good cause shall include
circumstances beyond the individual's control, such as, but not limited
to: (a) Illness; (b) Illness of another assistance group member requiring the
presence of the member; (c) Assistance group emergency; (d) The unavailability of transportation; (e) The lack of adequate child care for children who have reached
age six but are under age twelve; (f) Domestic violence as outlined in paragraph (F) of this rule;
or (g) When an appropriate SNAP E&T component is not available.
This is not considered good cause from the able-bodied adults without
dependents work requirement. (5) When the county agency determines
that good cause exists the individual shall be excused and a sanction shall not
be imposed. (D) What is good cause for leaving
employment? Good cause for leaving employment includes the
good cause provisions outlined in paragraph (C) of this rule. Good cause for
leaving employment also includes, but is not limited to, the following: (1) Discrimination by an
employer based on age, race, sex, color, handicap, religious beliefs, national
origin or political beliefs. (2) Work demands or
conditions that render continued employment unreasonable, such as working
without being paid on schedule. (3) Acceptance of
employment by the individual, or enrollment by the individual in any recognized
school, training program, or institution of higher education on at least a half
time basis, that requires the individual to leave employment; or acceptance by
any other assistance group member of employment or enrollment at least half
time in any recognized school, training program, or institution of higher
education in another county or similar political subdivision that requires the
assistance group to move and thereby requires the individual to leave
employment. (4) Resignations by
persons under the age of sixty that are recognized by the employer as
retirement. (5) Employment that
becomes unsuitable, as specified in paragraph (E) of this rule, after the
acceptance of such employment. (6) Acceptance of a bona
fide offer of employment of more than thirty hours a week or in which the
weekly earnings are equivalent to the federal minimum wage multiplied by thirty
hours that, because of circumstances beyond the control of the individual,
subsequently either does not materialize or results in employment that does not
meet the requirements provided for in paragraph (E)(1) of this
rule. (7) Leaving a job in
connection with patterns of employment in which workers frequently move from
one employer to another such as migrant farm labor or construction work. There
may be some circumstances where assistance groups will apply for SNAP benefits
between jobs particularly in cases where work may not yet be available at the
new job site. Even though employment at the new site has not actually begun,
the quitting of the previous employment shall be considered good cause when it
is part of the pattern of that type of employment. (8) When a county agency
finds the information regarding an assertion of good cause is questionable as
defined in rule 5101:4-2-09 of the Administrative Code, the county agency shall
request verification of the assistance group's statements. It is the
assistance group's responsibility to provide the necessary verification in
accordance with rule 5101:4-2-09 of the Administrative Code. However, when the
county agency has access to the information needed it should be considered.
When assistance in gathering the information is needed, it must be provided.
When good cause is questionable and the assistance group fails or refuses to
provide verification of the questionable information, good cause shall not be
determined. (E) What is unsuitable
employment? (1) In addition to any
criteria established by county agencies, employment shall be considered
unsuitable under any of the following conditions: (a) The wage offered is less than the highest of: (i) The applicable
federal or state minimum wage; or (ii) Eighty per cent of
the federal minimum wage, when neither the federal nor the state minimum wage
is applicable; (b) The employment offered is on a piece-rate basis, and the
average hourly yield the employee can reasonably be expected to earn is less
than the applicable hourly wages; (c) The assistance group member, as a condition of employment or
continuing employment, is required to join, resign from, or refrain from
joining any legitimate labor organization; or (d) The work offered is at a site subject to a strike or lockout
at the time of the offer unless the strike has been enjoined under section 208
of the Labor-Management Relations Act of 1947 29 U.S.C. 141 (6/1947), or unless
an injunction has been issued under section 10 of the Railway Labor Act of
1926, 45 U.S.C. 151 (10/1996). (F) What are the requirements for victims
of domestic violence? Individuals who are victims of domestic violence
as defined in rule 5101:1-3-20 of the Administrative Code shall be treated as
follows: (1) Individuals who are
victims of domestic violence shall be identified through the appraisal process
in accordance with rule 5101:4-3-29 of the Administrative Code. (2) When the county
agency determines that the individual has been subjected to domestic violence
and requiring participation in SNAP E&T would make it more difficult for
the individual to escape domestic violence or unfairly penalize the individual,
the county agency may excuse the individual from the employment and training
program requirements, when supporting documentation as described in paragraph
(F)(1) of rule 5101:1-3-20 of the Administrative Code is provided. (3) When an individual
is assigned to and engaged in an employment and training activity and fails to
comply as a result of domestic violence, the county agency shall excuse and
shall not impose a sanction for failure to comply with the SNAP E&T
requirement. (4) The county agency
shall review the continued eligibility of the excused non-participation at
least once every six months. The county agency may, at its option, review the
individual's excused non-participation more frequently than every six
months. There is no limit on the number of times (or length of time) that an
excuse can be extended.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-11.2 | Food assistance: work registration sanctions and compliance.
Effective:
November 18, 2021
(A) What happens when an individual does
not comply with a work registration requirement? (1) When an individual
fails or refuses to meet the work registration requirements in rule
5101:4-3-11.1 of the Administrative Code, the individual shall be sanctioned
from participation in the supplemental nutrition assistance program (SNAP) as
follows: (a) For a first failure or refusal, the county agency shall
sanction the individual by denying or terminating the individual's
eligibility to participate in the SNAP for a minimum of one benefit
month. (b) For a second failure or refusal, the county agency shall
sanction the individual by denying or terminating the individual's
eligibility to participate in the SNAP for a minimum of three benefit
months. (c) For the third or subsequent failure or refusal, the county
agency shall sanction the individual by denying or terminating the
individual's eligibility to participate in the SNAP for a minimum of six
benefit months. (2) When an individual
stops receiving SNAP benefits before the actual imposition of the sanction, the
sanction will not be held in abeyance. The establishment of new residence in
another county or another assistance group by an individual who has been
proposed for a sanction or who is currently under sanction does not, in and of
itself, negate the sanction. (B) What is the process for notification
of noncompliance? (1) Prior to issuing a
notice of noncompliance in accordance with paragraph (B)(2) of this rule, the
county agency is to ensure that the individual was informed of the failure(s)
and his or her right to provide good cause information to the county
agency. (a) The county agency or the SNAP (E&T) provider may inform
the individual of the failure by any reasonable means (letter, phone call,
email, etc,). (b) The SNAP E&T provider is to adhere to the reporting time
frame to the county agency described in paragraph (B)(2) of rule 5101:4-3-30 of
the Administrative Code. (c) The attempt to contact the individual is to be documented in
the case record. (2) Once an individual
has been informed in accordance with paragraph (B)(1) of this rule, it is the
individual's responsibility to contact the county agency within seven days
of the notification of noncompliance to show good cause for the failure. Within
ten days of determining the failure was without good cause, in accordance with
Chapter 5101:6-2 of the Administrative Code, proper notice of adverse action is
to be provided to the individual. The notification shall contain: (a) The particular act of noncompliance committed; (b) The proposed period of the sanction; (c) Language explaining that the individual may, when
appropriate, reapply at the end of the sanction period; (d) Information on or with the notice describing the action that
can be taken to avoid the sanction before the sanction period begins;
and (e) Notice and hearing requirements contained in Chapters
5101:6-1 to 5101:6-9 of the Administrative Code that apply in each instance of
noncompliance and subsequent sanction action. (C) What is the process when it is
determined an individual is not suited for participation in an assigned SNAP
E&T activity? (1) When a SNAP E&T
provider determines that an individual is not suited for participation, either
at the time the individual is referred to the activity or until the activity
completion, the provider is to notify the county agency within ten days of the
determination to explain the reason the individual is not an appropriate
placement in the E&T program. The provider may provide information that
will assist in making a change in placement. However, if the provider is unable
to provide a reason for the determination, the county agency is to process the
provider determination without the reason. (2) Within ten days of
the county agency receiving the provider notification, the county agency is to
notify the individual of the provider determination. The notice is to
include: (a) A description of the provider determination when
available; (b) The steps the county agency will take as a result of
the determination; (c) The contact information for the agency; (d) Information that the individual is not being sanctioned
as a result of the provider determination; and (e) Information that an able-bodied adult without
dependents who receives a provider determination will accrue countable months
towards their three-month time limit the next full benefit month after the
month during which the county agency notifies the individual of the provider
determination unless the individual: (i) Has met the work
requirements as described in rule 5101:4-3-20 of the Administrative
Code; (ii) Has established good
cause; (iii) Lives in a waived
county; or (iv) Is determined to be
exempt as described in rule 5101:4-3-11 of the Administrative
Code. (3) Within ten days of
the county agency notifying the individual but no later than the next
recertification the county agency is to: (a) Reassess the physical and mental fitness of the
individual to determine if an exemption is met in accordance with rule
5101:4-3-11 of the Administrative Code or determine if an update to the
employability plan is needed based on limitations for participating in an
activity; and (b) Update the case record and when necessary the
employability plan with any changes. (D) How does an individual comply to regain eligibility for
SNAP? Except for individuals sanctioned as a result of
a voluntary quit or reduction of work effort, the county agency shall require
the individual to: (1) Prior to
reinstatement of benefits, the individual shall sign the JFS 03804 "Ohio
Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction
Compliance Agreement" agreeing to participate in the work program and to
comply with the work registration requirements described in rule 5101:4-3-11.1
of the Administrative Code. (a) When the JFS 03804 is signed prior to the end of the
sanction period, the sanctioned individual shall regain eligibility and
benefits shall be reinstated after the minimum sanction period is
served. (b) When the JFS 03804 is signed after the end of the minimum
sanction period, the individual shall regain eligibility effective the day the
JFS 03804 was signed and returned to the county agency and benefits shall be
reinstated pursuant to rule 5101:4-7-01 of the Administrative
Code. (2) When the
circumstances change and the individual qualifies for an exemption from work
registration in accordance with rule 5101:4-3-11 of the Administrative Code,
the individual may qualify for SNAP benefits. Such exemptions may occur before
the minimum sanction period ends. (3) Individuals
sanctioned as a result of a voluntary quit or reduction of work effort shall be
required to regain eligibility in accordance with rule 5101:4-3-19 of the
Administrative Code. (E) How are failures for noncompliance with unemployment
compensation or an Ohio works first (OWF) work requirement
handled? Individuals receiving unemployment compensation
or OWF benefits are exempt from work registration. Instead, the individual must
comply with the unemployment compensation or OWF requirements. When the
assistance group reports a loss or denial of unemployment compensation or OWF
eligibility or when the county agency learns of the loss or denial, the county
agency shall determine whether the loss or denial was caused by a determination
by the administering agency that the individual refused or failed without good
cause to comply with an unemployment compensation or OWF requirement. When it
is determined the individual failed or refused to meet an unemployment
compensation or OWF requirement, the county agency shall: (1) Determine if the
assistance group is an OWF assistance group. An OWF assistance group is a group
in which all members are receiving OWF benefits. For OWF assistance groups, the
county agency shall follow rule 5101:4-3-09 of the Administrative Code.
However, when all of the individuals in the assistance group are not receiving
OWF cash benefits (i.e. one or more members are only in receipt of SNAP), the
assistance group remains subject to the requirements of this rule. (2) Determine if the
individual meets one of the other work registration exemptions outlined in rule
5101:4-3-11 of the Administrative Code. When the individual meets another work
registration exemption in rule 5101:4-3-11 of the Administrative Code, no
action is required. (3) When the individual
does not meet another work registration exemption, the individual shall be
sanctioned in accordance with this rule. The income and resources of the
individual shall be treated in accordance with paragraph (A) of rule
5101:4-6-13 of the Administrative Code. (4) Assistance group members who fail to
comply with an unemployment compensation or OWF requirement that is not
equivalent to that of a supplemental nutrition assistance program (SNAP) work
requirement shall lose their exemption and must be registered for work when not
otherwise exempt.
Last updated June 6, 2022 at 8:57 AM
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Rule 5101:4-3-19 | Food assistance: voluntary quit and reduction of work effort.
Effective:
August 1, 2022
Applicants or recipients who voluntarily quit
employment or reduce work hours are ineligible to participate in the
supplemental nutrition assistance program (SNAP) subject to the requirements of
this rule. (A) What is considered a voluntary job
quit or reduction of work? (1) A voluntary job quit
is a situation in which an individual who is required to register for work, as
described in rule 5101:4-3-11 of the Administrative Code, has voluntarily quit
a job of thirty hours or more a week without a good cause; or when an employee
of the federal, state or local government participates in a strike against such
government, and is dismissed from his or her job because of participation in
the strike. (2) A reduction of work
is a situation in which an individual who is required to register for work, as
described in rule 5101:4-3-11 of the Administrative Code, has voluntarily
reduced their work hours less than thirty hours a week or to a level that
results in earning less than the federal minimum wage times thirty hours a week
without good cause. (B) What situations are not considered a
voluntary job quit or reduction of work? Any individual required to register for work that
has: (1) Any reduction in
hours mandated by the employer; (2) Decided to terminate
self-employment; (3) Resigned from
employment at the demand of the employer for any reason; or (4) Quit a job and
secured comparable employment. "Comparable" is not strictly defined.
County agencies shall not declare a new job incomparable simply because the
number of hours or the salary is lower than the job that was quit. (C) How does the county agency verify a voluntary quit or
reduction of work hours? (1) When the information
given by the applicant or recipient is questionable, the county agency shall
request verification as defined in rule 5101:4-2-09 of the Administrative
Code. (2) The assistance group
has the primary responsibility for providing verification, but when the
assistance group reports difficulty obtaining the verification in a timely
manner, the county agency shall provide assistance in obtaining the
verification. (3) When the assistance
group and county agency are unable to obtain requested verification because the
quit or work effort reduction resulted from circumstances that are unverifiable
for good reasons, the individual shall not be denied under the voluntary job
quit or reduction of work effort provisions. Benefits shall not be delayed
beyond the normal processing time limits specified in paragraph (J) of rule
5101:4-2-01 of the Administrative Code. (D) How is good cause established? Good cause is defined in paragraphs (C) and (D)
of rule 5101:4-3-11.1 of the Administrative Code. In determining when good
cause exists the county agency shall also determine if the employment was
unsuitable as described in paragraph (E) of rule 5101:4-3-11.1 of the
Administrative Code or if there was a domestic violence issue as established in
paragraph (F) of rule 5101:4-3-11.1 of the Administrative Code. The county
agency must take into account the facts and circumstances including information
submitted by the employer, the assistance group, and or a collateral contact.
When good cause is determined, the county agency shall excuse the job quit or
reduction in hours and a sanction shall not be imposed. (E) What happens when the county agency determines a voluntary
job quit or reduction of hours has occurred without good cause? (1) When an applicant
has a voluntary job quit or reduction of work hours within sixty days of
applying for assistance and without good cause they shall be found ineligible
for assistance for the period outlined in paragraph (A) of rule 5101:4-3-11.2
of the Administrative Code. (2) When a recipient of
SNAP has a voluntary job quit or reduction of work hours without good cause
they shall be placed on a sanction. The sanctions outlined in paragraph (A) of
rule 5101:4-3-11.2 of the Administrative Code shall apply and the recipient
shall be notified in accordance with paragraph (B) of rule 5101:4-3-11.2 of the
Administrative Code. (F) How is eligibility reestablished? Eligibility may be reestablished during a
disqualification period and the individual shall, if otherwise eligible, be
permitted to resume participation without signing a JFS 03804 "Ohio Works
First/Supplemental Nutrition Assistance Program Sanction Compliance
Agreement" when: (1) The individual
secures new employment that is comparable in salary or hours to the job that
was quit. Comparable employment may result in fewer hours or a lower net salary
than the job that was quit; (2) The individual may
increase his or her work effort to thirty or more hours per week or earn an
amount equal to the federal minimum wage times thirty hours per week;
or (3) The individual
becomes exempt from the work registration requirements in paragraph (B) of rule
5101:4-3-11 of the Administrative Code. (G) What occurs after the minimum sanction period is served when
the sanctioned individual has not found new employment or increased hours of
employment? After the minimum sanction period has been
served, the individual may begin participation in the SNAP program when the
individual is complying with the requirements of rule 5101:4-3-11.1 of the
Administrative Code and is otherwise determined eligible.
Last updated August 1, 2022 at 8:44 AM
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Rule 5101:4-3-20 | Food assistance: able-bodied adults without dependents.
(A) Who is considered an able-bodied
adult without dependents (ABAWD)? (1) Every individual not
exempt from work registration in accordance with rule 5101:4-3-11 of the
Administrative Code is an ABAWD and subject to the requirements of this rule
and rule 5101:4-3-20.1 of the Administrative Code unless the individual
is: (a) Under eighteen or fifty years of age or older; (b) Pregnant; (c) A parent (natural, adoptive, or step) of an assistance group
member under age eighteen, even when the assistance group member who is under
eighteen is not himself/herself eligible for supplemental nutrition assistance
program (SNAP); or (d) Residing in an assistance group where an assistance group
member is under age eighteen, even when the assistance group member who is
under eighteen is not himself/herself eligible for SNAP. (2) When an individual
previously identified as an ABAWD is later determined to either no longer be an
ABAWD or to be exempt from work registration requirements in accordance with
rule 5101:4-3-11 of the Administrative Code, the individual is no longer
subject to the requirements of this rule. (B) What are the work requirements for an
ABAWD? (1) Every ABAWD shall
comply with: (a) The work registration requirements described in rule
5101:4-3-11.1 of the Administrative Code; and (b) The SNAP employment and training (SNAP E&T) program
requirements described in rule 5101:4-3-30 of the Administrative
Code. (2) Every ABAWD that does
not reside in a county subject to a waiver of the ABAWD time-limit approved in
accordance with 7 C.F.R. 273.24 (01/2021), shall either: (a) Participate in and comply with a SNAP E&T work experience
program (WEP) activity for the maximum number of hours permitted by rule
5101:4-3-31 of the Administrative Code; or (b) For twenty hours per week (twenty hours per week averaged
monthly means eighty hours per month) as determined by the county
agency: (i) Participate in one or
more SNAP E&T components, other than supervised job search, operated or
supervised by a state or political subdivision of a state that meets standards
approved by the governor of the state, including a program under section 7
C.F.R. 273.7(e)(01/2021). Such a program may contain supervised job search as a
subsidiary activity as long as such an activity is less than half the
requirement; (a) When an individual is
assigned to a work-based learning program component for the maximum number of
hours permitted by rule 5101:4-3-31 of the Administrative Code and the maximum
number of hours permitted is less than twenty hours per week, the individual is
to be assigned to another SNAP E&T activity for the number of hours
necessary to bring the total number of hours to twenty hours per
week; (b) When an individual is
assigned to job retention services as described in rule 5101:4-3-39 of the
Administrative Code, the hours are to count toward the twenty hour per week
ABAWD work requirement, except for when assigned to job retention supportive
services; or (ii) In combination with
hours spent in SNAP E&T activities, be engaged in work or a work
program. (3) For purposes of this rule and rule
5101:4-3-20 of the Administrative Code: (a) "Work" includes working in exchange for (alone or
in combination): money; goods or services (in-kind work); or verified unpaid
work. (i) "Unpaid
work" includes any activity in which the individual exerts strength or
faculties to do or perform something for which no compensation is received and
that benefits the community or a member of the community that does not reside
with the individual. Unpaid work shall be verified in accordance with rule
5101:4-2-09 of the Administrative Code. (ii) Every ABAWD engaged
in work shall report when their work hours fall below twenty per week, averaged
monthly in accordance with rule 5101:4-7-01 of the Administrative
Code. (b) "Work program" includes a program under Title 1 of
the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (07/2014); a
program under section 236 of the Trade Act of 1974, 19 U.S.C. 2296, (06/2015);
or a program of employment and training for veterans operated by the department
of labor or the department of veterans affairs, and approved by the United
States department of agriculture (USDA) food and nutrition service
(FNS). (C) What happens when an ABAWD fails to
meet a work requirement? (1) An ABAWD who fails
without good cause to comply with a work registration or SNAP E&T program
requirement is subject to the sanction and compliance process described in rule
5101:4-3-11.2 of the Administrative Code. (2) An ABAWD is not
eligible to participate in SNAP as a member of any assistance group when he or
she has received benefits for three countable months during any thirty-six
month period. The first month of the thirty-six month count begins during the
first full month of benefits. A "countable month" is any month that
the ABAWD: (a) Received a full SNAP allotment; and (b) Was subject to and failed without good cause to meet the work
requirement described in paragraph (B)(2) of this rule. (3) Good cause.
(a) When determining good cause as described in paragraph (C)(1)
of this rule, the county agency shall follow the good cause provisions of rule
5101:4-3-11.1 of the Administrative Code; and (b) When determining good cause as described in paragraph (C)(2)
of this rule, good cause is determined by the county agency. When an individual
would have fulfilled the work requirement as defined in paragraph (B) of this
rule, but missed some hours for good cause, the individual shall be considered
to have met the work requirement when the absence from work, the work program,
or the work experience program is temporary. Good cause shall include
circumstances beyond the individual's control, such as, but not limited
to: illness, illness of another assistance group member requiring the presence
of the member, an assistance group emergency, or the unavailability of
transportation. (D) What are the county agency
responsibilities for ABAWDs? The county agency shall ensure that: (1) Every
ABAWD: (a) Has been appraised and assigned to one or more SNAP E&T
activities in accordance with rule 5101:4-3-29 of the Administrative
Code; (b) Is sanctioned in accordance with rule 5101:4-3-11.2 of the
Administrative Code for failing to comply with a work registration or SNAP
E&T program requirement; and (c) Is assigned a four month certification period in accordance
with rule 5101:4-5-03 of the Administrative Code when the ABAWD has no
countable earned income and is unable to meet the work requirement through
participation in SNAP E&T alone; (2) The time-limit on participation
described in paragraph (C)(2) of this rule is enforced; and (3) An ABAWD who has
exhausted their three countable months in a thirty-six month period only
receives SNAP benefits in accordance with rule 5101:4-3-20.1 of the
Administrative Code.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-20.1 | Food assistance: regaining eligibility.
This rule describes the process for an able-bodied
adult without dependents (ABAWD) to regain eligibility for the supplemental
nutrition assistance program (SNAP) after reaching the ABAWD time-limit. (A) What is the ABAWD
time-limit? In accordance with paragraph (C)(2) of rule
5101:4-3-20 of the Administrative Code, an ABAWD is not eligible to participate
in SNAP as a member of any assistance group when he or she has received SNAP
benefits for three countable months during any thirty-six month period. (B) How can an individual who has lost
eligibility due to the ABAWD time-limit regain eligibility? (1) An individual
ineligible to participate in SNAP due to the ABAWD time-limit may regain SNAP
eligibility when: (a) An individual meets ABAWD exemption criteria as
described in paragraph (A) of rule 5101:4-3-20 of the Administrative Code;
or (b) The county agency determines that the individual during
any thirty consecutive days has: (i) Engaged in work or a
work program for eighty hours; (ii) Participated in and
complied with a SNAP E&T work experience program (WEP) activity for the
maximum number of hours permitted by rule 5101:4-3-31 of the Administrative
Code; (iii) Participated in one
or more SNAP E&T activities for eighty hours; or (iv) Participated in a
combination of SNAP E&T activities, work or work programs for eighty
hours. (2) When an individual is
receiving supportive services as part of a job retention activity described in
rule 5101:4-3-39 of the Administrative Code, the hours are not to count toward
regaining eligibility. (C) When does an individual regain
eligibility in accordance with this rule? For individuals regaining eligibility by: (1) Meeting an ABAWD
exemption criteria, on the date of application; (2) Participating in a WEP activity and
the WEP obligation is based on an estimated monthly allotment prorated back to
the date of application, on the date of application; and (3) For all other individuals, on the day
the eighty hours are completed. (D) Is there a limit on the number of
times an ABAWD may regain eligibility? No, there is no limit on how many times an ABAWD
may regain eligibility. (E) What happens when an ABAWD fails to
meet the work requirement after regaining eligibility in accordance with this
rule? Once in a thirty-six month period, an ABAWD may
remain eligible for an additional three consecutive months of SNAP eligibility
after failing to meet the work requirement. When the county agency determines
that an ABAWD who has regained SNAP eligibility in accordance with this rule
has subsequently failed to meet the work requirement described in paragraph
(B)(2) of rule 5101:4-3-20 of the Administrative Code, the county agency shall
determine when the ABAWD has received the additional three consecutive months
of benefits in the past thirty-six months. (1) When the county
agency determines that the ABAWD has already received the three consecutive
additional months of eligibility, the ABAWD is ineligible. (2) When the county
agency determines that the ABAWD has not yet received the three consecutive
additional months of eligibility, the ABAWD is eligible for a period of three
consecutive countable months starting on either: (a) The date the individual first notifies the county agency that
he or she is no longer fulfilling the work requirement; or (b) When the individual has been satisfying the work requirement
by participating in a WEP activity, the date the county agency notifies the
individual that he or she is no longer meeting the work
requirement.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-22 | Food assistance: nonfinancial eligibility standard-social security numbers.
Effective:
January 1, 2023
(A) Is a social security number required
for participation? Each assistance group member applying for
participation or participating in the program is required to provide a social
security number (SSN) or apply for one before certification. Individuals having
more than one number are required to provide all numbers. (B) What happens when an applicant or
recipient is unable to provide a SSN? (1) Any assistance group
member required to provide a SSN who is unable to do so must apply for one. To
assist with applying the county agency shall: (a) Complete a JFS 07355 "Notice of Application for Social
Security Number"; (b) Advise the assistance group of the required verification for
the social security administration (SSA) when the assistance group requests
information on what verification will need to be submitted to the SSA office.
The county agency shall provide information on what types of verification are
acceptable for age, identity and/or citizenship or alien status (reference JFS
07355 for acceptable evidence); and (c) Assist in routing the JFS 07355. The form is completed in
triplicate. The original and the first copy are given to the assistance group
to take to the SSA. The second copy is retained in the assistance group's
file as proof the notice was issued. The SSA will complete the lower portion of
the form and return the original to the county agency. The SSA will return the
form directly to the county agency unless directed to do otherwise on a
case-by-case basis. Assistance groups should not routinely be allowed to return
the form to the county agency themselves except in unusual situations when any
delay in the return of the form may cause the assistance group undue hardship.
The SSA will send a social security card to the assistance group member and,
when any pending claims exist, the claims processor is notified of the SSN. The
county agency will be notified of the SSN by an alert from the SSA when using
the SSA's third party query system. (2) When the assistance
group is unable to provide proof of application for a SSN for a newborn, the
assistance group must provide the SSN or proof of application for a SSN at the
next recertification or within six months following the month the baby is born,
whichever is later. When the assistance group is unable to provide a SSN or
proof of application for a SSN at that point, the county agency shall determine
if the inability to do so meets good cause provisions as specified in paragraph
(D) of this rule. (C) What happens when an applicant or
recipient refuses or fails to provide a SSN without good cause? (1) The county agency
shall explain to applicants and participants that refusal or failure without
good cause to provide a SSN will result in disqualification of the individual
for whom a SSN is not obtained. This disqualification applies to the individual
for whom the number is not provided and not to the entire assistance group. The
earned or unearned income of an individual disqualified for failure to comply
with this requirement shall be treated as described in paragraph (B) of rule
5101:4-6-13 of the Administrative Code. (2) In order for a disqualified
assistance group member to regain eligibility, they must supply the county
agency with the required SSN. (D) How is good cause for failure to
comply with the requirement to apply for or provide an SSN
determined? (1) In order to determine
if good cause exists for failure to comply with the requirement to apply for or
provide the county agency with a SSN, the county agency is to consider
information provided by the assistance group, SSA and the county
agency. (2) Documentary evidence
or collateral information that the assistance group member has applied for a
SSN or made every effort to supply SSA with the necessary information to
complete an application for a SSN is to be considered good cause for not
complying timely with the requirement. (3) Good cause does not
include delays due to illness, lack of transportation or temporary absences
because SSA makes provisions for mail-in applications in lieu of applying in
person. (4) Except for newborns
who have received benefits in accordance with paragraph (B)(2) of this rule,
when an assistance group member can show good cause why an application for a
SSN has not been completed in a timely manner, that individual is to be
eligible to receive supplemental nutrition assistance program (SNAP) benefits
for one month in addition to the month of application. (5) If the assistance
group member applying for a SSN has been unable to obtain the documents
required by SSA, the county agency is to make every effort to assist the
individual in obtaining these documents. (6) Good cause for
failure to apply is to be shown monthly in order for an assistance group member
to continue to maintain eligibility. Once an application has been filed, the
county agency is to permit the assistance group member to maintain eligibility
pending notification of the county agency of the assistance group member's
SSN. (7) When good cause is
not established, the assistance group member for whom the number is not
provided is disqualified. (E) When is an SSN verified? (1) For those individuals
who provide SSNs prior to certification, recertification or at any office
contact, the county agency shall record the SSN and verify it. However,
certification of an otherwise eligible assistance group shall not be delayed
solely to validate any member's SSN, even when the thirty-day processing
period has not expired. As soon as all other steps necessary to certify an
assistance group are completed, except for verification of a SSN(s), the county
agency shall certify the assistance group. (2) When verification of
an already reported SSN is not completed at initial certification, it shall be
completed at the time of or prior to the assistance group's next
recertification. (3) A verified SSN shall
be reverified only when the identity of the individual or the SSN becomes
questionable. (4) SSNs that have been
verified through the Ohio works first (OWF) or medicaid programs shall not be
reverified unless questionable. (F) How is an SSN verified? (1) A completed SSA form
number SS-5 "Application for a Social Security Card" (rev. 10/2021)
or a form SSA 2853 "Message from Social Security" (rev. 08-2009)
shall be considered proof of application for a SSN for a newborn
infant. (2) Matching the reported SSN with
information supplied by the SSA such as beneficiary and earnings data exchange
(BENDEX) or state data exchange (SDX). (3) Matching the reported number with the
SSA's third party query system, or (4) Observing the assistance group
member's social security card. (5) When the individual
has no social security card, either the SSA 5028 "Receipt of Application
of a Social Security Number" (rev. 04/2000), or the SSA 5029 "Receipt
of Application of a Social Security Number" (rev. 11/2000), that is for a
SSN that cannot be used for work purposes, or any "official document"
containing the SSN can be used. An "official document" is defined as
a W-2 form, a railroad retirement, retirement survivors disability insurance
(RSDI) or supplemental security income (SSI) award letter, or another document
containing the SSN that by law or regulation is required to be verified by the
SSA. When the SSN appears questionable, the county agency shall verify the
number either by matching it with information received from SSA or completing a
JFS 07355. (G) What documentation should be included in the case
record to verify the SSN? One of the following is to be retained in the
case record: A photocopied or scanned copy of the social security card, an
original JFS 07355, a SSA 2853, a SSA 5028 or a SSA 5029. When photocopies
cannot be made, the county agency shall record full details regarding documents
seen and in whose possession they remain. (H) What can the SSNs of applicants and recipients be used
for? County agencies are authorized to use SSNs in the
administration of SNAP to the extent determined necessary by the secretary of
agriculture and the secretary of health and human services. (1) States will have
access to information regarding individual SNAP applicants and participants who
receive social security and SSI benefits to determine such an assistance
group's eligibility to receive assistance and the amount of assistance, or
to verify information related to the benefits of these assistance
groups. (2) County agencies shall
use the state data exchange (SDX) under Title XVI of the Social Security Act of
1935 as amended, to the maximum extent possible. (3) County agencies
should also use the SSNs to prevent duplicate participation, to facilitate mass
changes in federal benefits, and to determine the accuracy and/or reliability
of information given by assistance groups. (4) County agencies shall
also use information from the income eligibility verification system (IEVS) to
request and exchange information on individuals available through this system
as specified in rule 5101:4-7-09 of the Administrative Code.
Last updated January 3, 2023 at 9:28 AM
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Rule 5101:4-3-24 | Food assistance: good cause for failure to comply in providing a social security number.
(A) What happens when an assistance group
member refuses or fails to provide a social security number (SSN)? (1) When an assistance
group member refuses or fails to provide his or her SSN, he or she, as an
individual, is ineligible to participate in the supplemental nutrition
assistance program (SNAP) unless they provide good cause as described in
paragraph (C) of this rule. (2) The disqualification
applies to the individual for which the number is not provided (including the
child who is under eighteen whose parent has refused or failed to cooperate for
him or her) and not to the entire assistance group. (3) The earned or
unearned income and resources of an individual disqualified for failure to
comply with this requirement is to be treated as in accordance with rule
5101:4-6-13 of the Administrative Code. Prior notice requirements are to be
followed before the assistance group's benefit level can be
decreased. (4) The disqualified
assistance group member may become eligible upon providing the county agency
with an SSN. (B) How is good cause
determined? In determining when good cause exists for failure
to comply with the SSN requirement, the county agency shall consider
information from: (1) The assistance group
member; (2) The social security
administration (SSA); and (3) The case file
(especially when the county agency failed to refer the assistance group member
to SSA, or SSA did not process the referral and/or SSN application in a timely
manner). (C) What is considered good
cause? Documentary evidence or collateral information
that the assistance group member has applied for a SSN or made every effort to
supply SSA with the necessary information to complete an application for a SSN
shall be considered good cause for not complying on a timely basis with this
requirement. (D) What is not considered good
cause? Good cause does not include delays due to
illness, lack of transportation or temporary absences. SSA makes provisions for
mail-in applications in lieu of applying in person. (E) How is good cause
handled? (1) When the assistance
group member demonstrates good cause for why an application has not been
completed in a timely manner, the assistance group member shall be allowed to
participate for one month in addition to the month of application. (2) When an assistance
group member applying for a SSN has been unable to obtain the documents
required by SSA, the county agency shall make every effort to assist the
individual in obtaining these documents. (3) The assistance group
must demonstrate good cause for failure to apply each month in order for the
assistance group member to continue to participate. (4) Once an application
has been filed, the county agency shall permit the member to continue to
participate pending notification of the assistance group member's
SSN. (5) When an assistance
group is unable to provide proof of application for a SSN for a newborn, the
assistance group shall provide the SSN or proof of application at its next
recertification or within six months following the month the baby is born,
whichever is later. When an assistance group is unable to provide a SSN or
proof of application for a SSN at its next recertification or within six months
following the baby's birth, the county agency shall determine if there is
good cause.
Last updated May 2, 2022 at 8:51 AM
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Rule 5101:4-3-29 | Food assistance employment and training: case management.
(A) What is case management? The purpose of case management services is to
determine the appropriate supplemental nutrition assistance program (SNAP)
employment and training (E&T) components and activities based on the
participant's needs and interests, to directly support an
individual's participation in the SNAP E&T program, and to provide
activities and resources that help the participant achieve program goals. Case
management services can be provided in-person or virtually (i.e. any
communication that does not happen in-person), and can include activities such
as coordination with service providers, but is to include the following: (1) Comprehensive
appraisals; (2) Individualized
employability plans; and (3) Ongoing progress
monitoring. (B) What is a comprehensive
appraisal? (1) As a condition of
SNAP eligibility, individuals subject to the work registration requirement
described in paragraph (A)(5) of rule 5101:4-3-11.1 of the Administrative Code
are required to be appraised. As part of the appraisal process, the county
agency is to: (a) Determine the best assignment for a participant based on
their skills and needs to move them toward self-sufficiency and personal
responsibility; and (b) Screen to identify possible victims of domestic violence in
accordance with rule 5101:1-3-20 of the Administrative Code. Victims of
domestic violence may be excused from a work activity as described in paragraph
(F) of rule 5101:4-3-11.1 of the Administrative Code; however, the individual
may still choose to participate. (2) During the
comprehensive appraisal process the county agency is to ensure: (a) Each individual is provided a copy and an explanation of
their rights and responsibilities described in paragraphs (D)(3)(a) to
(D)(3)(d) of rule 5101:4-2-07 of the Administrative Code; and (b) When an 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 offer additional screening to the
individual consistent with the requirements of rule 5101:9-2-02 of the
Administrative Code and the Americans with Disabilities Act (ADA) plan adopted
by the county agency in accordance with rule 5101:9-2-02 of the Administrative
Code. When additional screening indicates the presence of a disability, the
employability plan made in accordance with paragraph (C) of this rule, is to be
consistent with the county agency's ADA plan and is to include a
description of each reasonable modification requested and made for an
individual with a disability. (3) A comprehensive
appraisal is to be completed: (a) No later than thirty days from the authorization of SNAP
benefits at initial certification and recertification; (b) Any time reinstatement of eligibility is
completed; (c) When the county agency determines the assistance group's
circumstances warrant any additional appraisals; and (C) What is an individualized employability plan? As part of the appraisal process, the county
agency is to develop an employability plan with each individual to achieve the
goal of self-sufficiency and personal responsibility. The employability plan is
to be signed by the individual and is to include: (1) Assignment to
activities in one or more SNAP E&T components as referenced in rule
5101:4-3-30 of the Administrative Code; (2) Supportive services
to be provided to the individual; and (3) Case management
services, including ongoing progress monitoring, that are to be provided to the
individual. (D) What is ongoing progress
monitoring? Ongoing progress monitoring is engaging with the
individual at least once per month to discuss their progress in assigned
activities, any new barriers and supportive services that may be necessary,
and/or potential next activities. The county agency is to: (1) Perform ongoing
progress monitoring or have the SNAP E&T provider perform it; (2) Include ongoing
progress monitoring within a SNAP E&T activity or operate ongoing progress
monitoring as a stand-alone activity; and (3) First communicate
with the participant, when the participant fails to comply with ongoing
progress monitoring without good cause, to discuss their interest in continuing
with ongoing progress monitoring and adjust their required participation and
employability plan accordingly. (a) When an individual expresses a lack of interest in continuing
ongoing progress monitoring or has two consecutive failures and is otherwise
progressing through the SNAP E&T activity or component, the county agency
is to suspend ongoing progress monitoring. (b) When the individual's hours in ongoing progress
monitoring are used to meet the able-bodied adults without dependents (ABAWD)
work requirement as described in rule 5101:4-3-20 of the Administrative Code,
the individual is to accrue a countable month in accordance with paragraph
(C)(2) of rule 5101:4-3-20 of the Administrative Code. (E) What happens when the assistance group member fails to
cooperate with the comprehensive appraisal or employability plan? (1) Failure without good
cause to attend an appraisal interview or to complete an appraisal by any
required participant is to result in a sanction in accordance with paragraph
(B) of rule 5101:4-3-11.1 of the Administrative Code. (2) When the individual
fails or refuses, without good cause, to comply in full with any provision of
their employability plan, except ongoing progress monitoring, the county agency
is to sanction the individual in accordance with paragraph (B) of rule
5101:4-3-11.1 of the Administrative Code. (F) How is good cause determined? Good cause is determined in accordance with
paragraphs (C) and (F) of rule 5101:4-3-11.1 of the Administrative Code. (G) How are hours spent in case
management counted? (1) The assigned hours
spent in case management are to be counted toward the number of hours a
participant is required to participate in SNAP E&T as described in rule
5101:4-3-31 of the Administrative Code and the ABAWD work requirement as
described in rule 5101:4-3-20 of the Administrative Code. (2) The participant
cannot participate only in case management in order to complete all SNAP
E&T and ABAWD hours. (3) For time spent in
case management, only allowable SNAP E&T activities can be counted toward
the SNAP E&T requirement. For example, hours a participant spends with a
case manager identifying a temporary housing solution are to count toward the
work requirement, but the hours spent actually moving into temporary housing
will not count as an allowable SNAP E&T component or activity.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-30 | Food assistance employment and training program.
(A) What is the supplemental nutrition
assistance program (SNAP) employment and training (E&T)
program? Work registrants subject to the work
registration requirement in paragraph (A)(5) of rule 5101:4-3-11.1 of the
Administrative Code who are in receipt of SNAP benefits are also required to
participate in case management services and at least one SNAP E&T
component. (B) What requirements must the county
agencies meet for the SNAP E&T program? (1) The county agency
shall develop written standards, criteria, and procedures for the operation of
the SNAP E&T. The standards shall include an explanation of each
participating individual's rights under the amendments to Title II of the
Americans with Disabilities Act of 1990 (ADA) and section 504 of the
Rehabilitation Act of 2008, including the right to request reasonable
modification in program activities. (2) In addition to case
management services as described in rule 5101:4-3-29 of the Administrative
Code, beginning federal fiscal year 2023, the county SNAP E&T
program: (a) Is to consist of the following components: (i) Education and
training; (ii) Supervised job
search; and (iii) Work experience
program (WEP); and (b) May consist of the following components: (i) Work-based learning;
or (ii) Job
retention. (3) The county agency shall establish a
procedure that ensures a contractor or agency operating a component of its SNAP
E&T program notifies the county agency within ten days when: (a) A required participant fails to comply with the SNAP E&T
requirements; and (b) The provider determines a participant is not suited for the
assigned SNAP E&T component as described in rule 5101:4-3-11.2 of the
Administrative Code. (4) The county agency and/or contract
providers shall meet any reporting requirements pursuant to the provisions of
the Food and Nutrition Act of 2008, (12/2019). (5) Each employable and volunteer
individual shall be informed in writing of their rights and responsibilities
concerning the employment and training program prior to or during the
appraisal. The county agency shall ensure each required and voluntary
individual has received an explanation of their rights and responsibilities
described in paragraphs (D)(3)(a) to (D)(3)(d) of rule 5101:4-2-07 of the
Administrative Code. Failure or refusal to meet these responsibilities could
result in sanctions that would adversely affect the amount of SNAP
benefits. (a) The rights of required SNAP E&T participants shall
include, but are not limited to: (i) Receiving copies of
all employability plans. (ii) Notification of the
right to request a state hearing on issues related to participation in SNAP
E&T and failure or refusal to participate. (iii) Nondiscrimination
in SNAP employment and training program assignments. (iv) Receiving supportive
services, pursuant to the provisions of rule 5101:4-3-32 of the Administrative
Code, for the authorized SNAP E&T activity. (v) Filing a conciliation
request pursuant to rule 5101:4-3-38 of the Administrative Code. (vi) Accepting employment
pursuant to the requirements of rule 5101:4-3-11.1 of the Administrative
Code. (b) The responsibilities of SNAP E&T participants shall
include, but are not limited to: (i) Reporting to the
appraisal and other appointments with the county agency program staff or
providers. (ii) Reporting to the
work experience program (WEP), education, training, supportive service, or
supervised job search sites at the scheduled dates and times. (iii) Obeying the rules
at the work site, following instructions, and otherwise demonstrating
acceptable work habits and behavior. (iv) Providing the county
agency with information relevant to securing or retaining employment and
providing supplemental information as requested. (v) Notifying the
immediate supervisor, other designated individual, or the county agency staff
of the reason for nonparticipation as scheduled. (vi) Participating in
SNAP E&T activities for the scheduled number of hours as
assigned. (vii) Accepting necessary
supportive services determined to be needed for participation. (viii) Reporting any
changes that would affect the individual's ability to participate in the
SNAP E&T. (ix) Providing the county
agency with documentation of attendance and participation in a SNAP E&T
activity as requested. (x) Providing a good
cause reason for nonparticipation as required pursuant to the provisions of
rule 5101:4-3-11.1 of the Administrative Code. (xi) Contacting the
county agency, unless otherwise instructed by the county agency, when a monthly
scheduling notice or the participant expense allowance has not been
received. (xii) Reporting to a job
site, to an employer for a scheduled job interview or to any related subsequent
interviews or testing appointments when referred by the county agency or its
designee. (xiii) Accepting a bona
fide offer of employment pursuant to rule 5101:4-3-11.1 of the Administrative
Code. (xiv) Signing and
complying with the employability plan developed with the county
agency.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-31 | Food assistance employment and training: required hours.
(A) How many hours should a required
participant in the supplemental nutrition assistance program (SNAP) employment
and training (E&T) program be assigned? (1) Work experience
program and work-based learning: the maximum hours of participation per month
for the required participant assigned to a work experience program or
work-based learning program assignment shall be in accordance with the Fair
Labor Standards Act (FLSA) (9/2019) and is the SNAP allotment amount divided by
the federal or state minimum wage, whichever is higher. When there are multiple
required participants in a given assistance group, the total hours of
participation shall be shared by all required participants. Whether the
participation requirement is being met by one or multiple assistance group
members, the total required hours of participation cannot exceed the total SNAP
benefit amount divided by the federal or state minimum wage, whichever is
higher. (2) Education and
training assignments: a required participant shall be assigned to education and
training for the number of hours needed to complete the education and training
assignment. (3) Supervised job
search assignments: at a minimum, a required participant's level of effort
shall be comparable to spending twelve hours a month making job
contacts. (4) Job retention
services: there is no minimum or maximum required number of hours for a
participant; however, a county agency is to make a good faith effort to provide
job retention services for at least thirty days but no more than ninety days in
accordance with rule 5101:4-3-39 of the Administrative Code. (5) Case management: at a minimum, a
required participant is to spend at least one hour in case management services
in accordance with rule 5101:4-3-29 of the Administrative Code. (B) Are there limitations on the hours a
required participant can complete? (1) The total monthly
hours of participation in a SNAP E&T program for any assistance group
member, together with any hours worked for compensation (in cash or in kind),
shall not exceed one hundred twenty. (2) No participant shall
be required to work more than eight hours on any given day without his or her
consent. (3) An assignment to an
activity shall not interfere with an individual's hours of paid employment
so long as this employment is countable income pursuant to rule 5101:4-4-19 of
the Administrative Code. (4) Hours spent in case
management services are not to be the only hours spent participating in the
SNAP E&T program, however, these hours are to count towards both the total
monthly hours of participation in the SNAP E&T program and the able-bodied
adult without dependents (ABAWD) work requirement as described in rule
5101:4-3-20 of the Administrative Code. Individuals are to participate in both
case management and at least one or more SNAP E&T components. (C) Can an individual not required to participate in the SNAP
E&T program volunteer to participate? County agencies may allow volunteers to
participate in the SNAP E&T program. County agencies shall not disqualify
voluntary participants for failure to comply with the SNAP E&T
requirements. Individuals who are voluntarily participating in: (1) Education and
training or supervised job search do not have a limit on how many hours they
can participate; (2) A work experience
program are subject to the maximum hours of participation in accordance with
paragraph (A)(1) of this rule; or (3) A work-based learning
program and are being paid a wage at least equal to the higher of the
applicable federal or state minimum wage for all hours spent in the work-based
learning program, the FLSA restrictions described in paragraph (A)(1) of this
rule do not apply.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-32 | Food assistance employment and training: supportive services.
(A) What are supportive
services? (1) Supportive services are participant reimbursements
provided to assist a supplemental nutrition assistance program (SNAP)
employment and training (E&T) participant with completing their assignment.
Supportive services may include, but are not limited to, an expense allowance
to cover the cost of transportation and other work, training or education
related expenses and publicly funded child care. (2) Supportive services may also be offered as part of job
retention services as described in rule 5101:4-3-39 of the Administrative
Code. (B) What is the county agency's responsibility for providing
supportive services? The county agency is responsible for arranging
and providing reasonably necessary supportive services for individuals that
directly relate to participating in the SNAP E&T program. The county agency
is the deciding authority for determining the appropriateness and the
availability of funds. (C) How is an expense allowance determined? (1) An individual shall
receive an expense allowance for the actual costs of transportation and/or
other work, training or education related costs associated with participation
up to the maximum level of reimbursement established by the county
agency. (2) An individual who
documents costs in excess of the amount established by the county agency is
eligible to receive reimbursement for the additional costs. The county agency
is to do one of the following: (a) Increase the amount of the monthly expense
allowance; (b) Reassign the participant to another activity; or (c) Determine the individual has good cause for not
participating until a suitable component is available or the individual's
circumstances change and his/her monthly expenses do not exceed the expense
allowance. (3) An individual who
incurs no costs for participation is not eligible for the expense
allowance. (4) Costs of meals away
from home are not reimbursable. (D) How does the county agency provide publicly funded child care
to individuals participating in the SNAP E&T program? Individuals participating in the SNAP E&T
program who need child care assistance in order to participate in the program,
shall be referred to apply for publicly funded child care. When publicly funded
child care is not available to the individual, the county agency may provide
good cause to the individual for non-participation.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-33 | Food assistance employment and training: supervised job search.
Effective:
November 18, 2021
(A) What is supervised job
search? Supervised job search is a supplemental
nutrition assistance program (SNAP) employment and training (E&T) component
in which applicants and participants are provided with activities that have a
direct link to increasing employment opportunities for participants. (B) What are the requirements of
supervised job search? (1) Supervised job search
shall occur at county-approved locations at which a participant's
activities and participation time are able to be directly supervised and
tracked. County approved locations include any location deemed suitable by the
county agency where the participant has access to tools, and materials needed
to perform supervised job search. (2) Supervised job search locations are
not limited to a physical building and may include virtual tools. Examples of
physical locations may include the Ohio means jobs centers operated by the
local workforce development board, resource rooms at the job and family
services office; whereas virtual tools may include the OhioMeansJobs.com
website, other websites, portals or web applications. Offering a variety of
locations and formats to best meet participant needs is encouraged and to the
extent possible, county agencies are to allow participants to choose their
preferred location. (3) Supervision, either
remotely or in-person, is to be provided by skilled staff who provide
meaningful guidance and support with at least monthly check-ins. Supervision
and job search activities may occur at different times, and is to be provided
in such a way to best support the participant and may include activities such
as job search coaching, review of job search activities, and guidance on how to
best target participant job search activities. (4) Supervised job search hourly
requirements are established by the county agency pursuant to the time limit
described in paragraph (D) of this rule and shall be assigned in accordance
with rule 5101:4-3-31 of the Administrative Code. (C) What are the responsibilities of the
county agency when implementing supervised job search? The county agency is to include a summary in
their E&T plan of the county guidelines used to implement supervised job
search. The summary of the county guidelines, at a minimum, is to
describe: (1) Criteria used by the
county agency to approve locations for supervised job search; (2) An explanation of why those criteria were chosen;
and (3) How the supervised job search component meets the
requirements to directly supervise the activities and track the timing and
activities of participants. (4) Time spent in activities in supervised job search is to
be tracked within the case record. Information tracked may include, but is not
limited to: the participant's name; date and time of attendance; hours
spent in supervised job search; and the number of applications submitted to
employers. (D) What are the time limits for supervised job
search? (1) Except as described
in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, a county agency shall not
assign supervised job search as a continuous, year-round assignment for a SNAP
E&T participant who is either a volunteer or an able-bodied adult without
dependents (ABAWD) who resides in a county subject to a waiver of the ABAWD
time-limit approved in accordance with 7 C.F.R. 273.24 (6/2006). (a) An assignment to supervised job search immediately following
certification of SNAP benefits shall not exceed thirty days. (b) When thirty days have passed since the initial assignment to
supervised job search and a county agency determines that supervised job search
is the most suitable assignment, supervised job search may be assigned for as
long as the county agency believes it will provide the SNAP E&T participant
a reasonable opportunity to find suitable employment. (2) For a SNAP E&T
participant who is an ABAWD subject to the time-limit described in rule
5101:4-3-20 of the Administrative Code, supervised job search may be assigned
as follows: (a) When an ABAWD is meeting the ABAWD work requirements
described in paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code by
participating in SNAP E&T, supervised job search may be assigned at any
time during the certification period with no durational limitation. However,
the supervised job search activity must be paired with another SNAP E&T
activity and the required hours of supervised job search must be less than half
of the total number of hours the ABAWD is required to participate in SNAP
E&T. (b) When an ABAWD is meeting the work requirement described in
paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code through
something other than SNAP E&T (e.g., work) but an assignment to SNAP
E&T supervised job search is appropriate, the assignment shall be made in
accordance with paragraph (C)(1) of this rule.
Last updated November 18, 2021 at 8:41 AM
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Rule 5101:4-3-34 | Food assistance employment and training: work experience program.
Effective:
September 1, 2018
The work experience program (WEP) is a supplemental
nutrition assistance program (SNAP) employment and training (E&T) activity
that provides work experience and training for employable participants, who are
not otherwise able to obtain employment, to enhance their ability to secure
unsubsidized employment. The SNAP E&T WEP activity is equivalent to the
federal definition of workfare in that participants perform work in a public
service capacity (with a public or private nonprofit sponsor) as a condition of
eligibility to receive their monthly allotment. (A) What criteria shall the county
agency establish for WEP worksite sponsors? (1) Participants are not
required to perform political, partisan, or electoral activities. (2) The worksite shall
meet all applicable federal, state and local health and safety standards, equal
employment opportunity (EEO) policies, fair labor standards, displacement
policies, and provide reasonable work conditions. (3) The placement has not
been developed in response to, or in any way associated with, the existence of
a strike, lockout, or bona fide labor dispute, and does not violate any
existing labor agreement. (4) A participant's
religious freedom shall not be violated nor is the participant compelled to do
work that promotes a religious doctrine or belief. (B) Is a participant considered an
employee of the WEP worksite? A participant shall not be considered an employee
of either the sponsor, the county agency, or the Ohio department of job and
family services (ODJFS) and, therefore, is not entitled to all of the benefits
and privileges of an employee. The operation of WEP shall not be considered to
be the operation of an employment agency by the state or county agency. (C) Do the WEP individuals have coverage
for injuries? Individuals assigned to WEP shall be covered for
participation-related injuries or disabilities under work relief compensation
administered by the bureau of workers' compensation (BWC). Unless the
county agency pays the premiums for the sponsor, a private nonprofit, or
government sponsor with whom a SNAP employment and training participant is
placed shall pay the premiums to the BWC on behalf of the participant.
Individuals assigned to other SNAP employment and training activities shall not
be included in premium payments made by the county agency to the BWC.
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Rule 5101:4-3-34.1 | Food assistance: work experience program overpayments.
Effective:
October 1, 2020
When an overissuance of supplemental nutrition
assistance program (SNAP) benefits is discovered during a month(s) for
individuals who have already completed a work experience program (WEP)
activity, as described in rule 5101:4-3-34 of the Administrative Code, the
county agency shall follow the claim recovery procedures specified in this
rule. (A) What is the claim recovery procedure
for an individual who performed the WEP activity and is still subject to a WEP
assignment at the time the claim is created? (1) The county agency
shall determine how many extra hours the individual worked as a result of the
improper benefit issuance. The individual shall be credited the extra hours
worked toward future WEP obligations. (2) The county agency
shall establish and calculate a claim in accordance with Chapter 5101:4-8 of
the Administrative Code. (B) What is the claim recovery procedure
for an individual who performed the WEP activity and is no longer subject to a
WEP assignment at the time the claim is created? The county agency shall determine whether the
overpayment was the result of an intentional program violation (IPV),
inadvertent household error (IHE), or administrative error (AE), as defined in
rule 5101:4-8-15 of the Administrative Code. (1) When the overissuance
was caused by an IPV, a claim shall be established and calculated in accordance
with Chapter 5101:4-8 of the Administrative Code. (2) When the overissuance
was caused by an IHE or AE, the county agency shall determine whether the
number of hours the individual actually participated in the WEP activity was
more than the number that could have been assigned had the proper benefit
amount been used in calculating the number of hours to work. The county agency
shall establish a claim for the amount of the overissuance not worked. When the
hours worked equal the amount of hours calculated by dividing the overissuance
by the minimum wage, then no claim will be established. No credit for future
work requirements will be given.
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Rule 5101:4-3-35 | Food assistance employment and training: education and training activities.
Effective:
November 18, 2021
Education and training activities or job readiness
training activities shall improve the basic skills and directly enhance the
employability of the participant. (A) What types of education and training
activities may be provided to supplemental nutrition assistance program (SNAP)
employment and training (E&T) participants? (1) Basic
education; (2) Vocational
education; (3) Job readiness
training activities; (4) Educational programs
including, but not limited to, courses or programs of study that are a part of
a program of career and technical education as defined in section three of the
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302);
and (5) Other programs or activities
determined by the county agency to expand the employability of the
participant. (B) What is the goal of basic
education? Basic education may be provided to individuals
who do not possess basic literacy skills whether or not they have obtained a
high school diploma or equivalent education. Basic education includes high
school or equivalent education, remedial education, adult basic education,
basic literacy education, and instructional programs in English as a second
language (ESL). (C) What are the county agency's
responsibilities for tracking the progress of an individual engaged in basic
education activities? The county agency shall document the progress of
the participant assigned to basic education in conjunction with the service
provider. In order to remain assigned to the activity, an individual shall be
expected to make "satisfactory progress" as determined by the county
agency. An individual who is unable to make satisfactory progress shall be
reassessed to determine when the assignment should continue. Assignment to this
activity shall be based on the goal of obtaining employment. (D) What is the goal of vocational
education? The goal of vocational education is to assist
individuals in obtaining useful employment in a recognized occupation.
Vocational education may include: occupational training in technical job skills
and equivalent knowledge and abilities in a specific occupational area;
post-secondary education; and training offered by other entities such as public
secondary schools and public and private entities. For the vocational and post
secondary education components Ohio has aligned the allowable SNAP E&T
programs with the workforce innovation and opportunity act (WIOA) approved
programs found on the workforce inventory of education and training (WIET)
list. (E) What is the goal of job readiness
training activities? (1) Job readiness
training activities are designed to expand the employability of participants by
ensuring that participants become familiar with general workplace expectations
and exhibit work behavior and attitudes necessary to compete successfully in
the labor market. Various types of structured programs qualify, such as
rehabilitation, counseling, employability assessments, training in techniques
for employability, and job placement services. (2) Job readiness
training activities may include, but are not limited to the
following: (a) Classroom instruction on the strategies and skills in job
seeking; (b) Job lead development; (c) Identifying and overcoming personal barriers to
employment; (d) Building self-confidence and self-promotion; (e) Good grooming and dress techniques; (f) Managing time, money, and household budgets; (g) Obtaining proper dependent care and supervision of dependents
while working; (h) Conducting self-assessments to determine employment options
and training needs; (i) Completing resumes, work histories, and application
forms; (j) Learning and using good interviewing techniques; (k) Using resources such as the telephone, telephone directories,
newspapers, internet, and friends and/or relatives; (l) Contacting the individual who does the hiring; (m) Maintaining good records of job search
activities; (n) Understanding employer expectations; (o) Understanding unions, benefits, taxes, deductions, and
hospitalization policies; (p) Being prompt and punctual for work; (q) Accepting supervision positively; (r) Relating to other employees; or (s) Retaining the job as a step toward security and
independence. (F) What is the goal of educational
programs, courses or programs of study that are a part of a program of career
and technical education as defined in section three of the Carl D. Perkins Act
of 2006? The goal of educational programs, courses or
program of study defined in section three of the Carl D. Perkins Act of 2006 is
to ensure individuals are participating in a defined career and technical
education program to assist in obtaining useful employment in a recognized
occupation. These educational programs may be offered concurrently or
contextually with basic education or vocational education. An educational
program, course or program of study does not have to receive Perkins funding in
order to be considered meeting the definition of a career and technical
education program. (G) What is the goal of other programs or
activities determined by the county agency to expand the employability of the
participant? The goal of other programs or activities
determined by the county agency allows for county agencies to assign an
individual to participate in an education and training activity where there is
a direct link between the educational activity and job readiness. These
activities shall also expand the employability of the participant.
Last updated November 18, 2021 at 8:41 AM
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Rule 5101:4-3-36 | Food assistance employment and training: displacement of other persons.
(A) Is it allowable for a supplemental
nutrition assistance program (SNAP) employment and training participant to
displace a person from employment? Participants in the SNAP employment and training
program shall not be assigned to program activities that result in the
displacement of other persons. Displacement occurs when a participant's
assignment results in removing or discharging employees or otherwise denying
such employment to persons who: (1) Are already employed
as regular full-time or part-time employees. (2) Are or have been
employed full time or part time as participants in a subsidized employment
program/on-the-job training or in other publicly subsidized employment and
training programs. (3) Are or have been
involved in a dispute between a labor organization and the employer or
sponsor. (4) Have been laid off
and are either: (a) Receiving unemployment compensation; or (b) Subject to recall under the established policies of the
employer or sponsor. (B) Is it allowable for a work experience
program (WEP) or work-based learning (WBL) participant to fill a vacant
position? (1) WEP and WBL participants are not to be used to fill
existing vacant positions. No employment and training participant is to perform
work that has the effect of reducing the work or promotional opportunities of
employees. They may, however, perform the same type of work as the employee.
Reducing the work of employees means reducing the number of hours, wages or
employment benefits of regular or part-time employees, or reducing the number
of positions that the employer certifies would otherwise be filled by regular
employees. (2) WBL participants are to be provided the same benefits
and working conditions that are provided at the job site to employees
performing comparable work for comparable hours.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-38 | Food assistance employment and training: conciliation process.
Effective:
September 1, 2018
The county agency shall have a conciliation process
to resolve disputes that arise concerning required supplemental nutrition
assistance program (SNAP) employment and training participation. The
conciliation process may be initiated by the participant or by the county
agency. The conciliation process shall be posted within the county agency and
shall be given in writing to each SNAP employment and training participant
during the appraisal interview pursuant to the provisions of rule 5101:4-3-29
of the Administrative Code. (A) What should the conciliation process
include? The conciliation process shall include, but is
not limited to: (1) Disputes over
assignments. (2) Inappropriate
treatment by a county agency employee or worksite supervisor. (3) Irregular work hours
that create a severe hardship on the participant. (4) Worksite assignments
that deviate from the normal duties of the job. (5) Disagreement with
disciplinary action at the worksite involving the participant. (6) Other areas of
concern to the participant relating to participation. (7) Disputes concerning
working conditions and workers' compensation coverage. (8) Wage rate
calculations to determine the hours of participation. (9) Disputes concerning
failure to participate in the SNAP employment and training
program. (B) How can the conciliation process be
initiated? The conciliation process can be initiated by any
of the following: (1) A written notice from
the county agency to the participant for a conciliation
conference; (2) A written or verbal
request from the participant to the county agency for a conciliation
conference; or (3) A written or verbal
request from the participant to the county agency for a conciliation conference
when there is an act of nonparticipation. The conciliation process requires
that such requests shall be made within seven calendar days that begins the day
following the day of nonparticipation. (C) Does the county agency have to track
conciliation requests? The county agency shall maintain an accurate
record of all conciliation requests, including any pertinent facts and the
resolution of the conciliation. Once a conciliation request is initiated, the
county agency should attempt an informal resolution. (D) How long should a decision
take? A resolution of the conciliation process
initiated in accordance with paragraph (B) of this rule, shall be reached
within a maximum of fifteen calendar days beginning with the date the
conciliation process was initiated. No adverse action, as related to the SNAP
employment and training program, may be proposed until the conciliation
process, when requested, is concluded. (E) Who can attend the conciliation
process? When a conciliation process is initiated, the
county agency shall convene a conciliation conference that is presided over by
the director or a designee. Both the county agency and the individual may bring
whomever each reasonably wants to be at the conference in an attempt to
informally resolve differences. When appropriate, the worksite supervisor may
attend, or information from the worksite supervisor as requested by the county
agency may be presented. (F) When a conciliation conference is
conducted may a recipient request a county conference or a state
hearing? (1) The conciliation
conference does not replace the right to request a county conference pursuant
to the provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code
and the conciliation process shall not in any way limit the participant's
hearing rights. (2) The individual shall
be notified in writing of the outcome of the conciliation conference. The
notification shall also contain an explanation of the right to a state hearing
pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the
Administrative Code. When the conciliation conference is to be followed by a
proposal of an adverse action, the prior notice sent to the individual will
fulfill this requirement.
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Rule 5101:4-3-39 | Food assistance employment and training: job retention.
Job retention provides opportunities for training
and skill development to improve employment outcomes, job retention and promote
long-term self-sufficiency and independence for supplemental nutrition
assistance program (SNAP) employment and training (E&T) participants.
(A) What are job retention services?
Job retention services are an allowable SNAP
E&T activity designed to help achieve satisfactory performance, retain
employment and to increase earnings over time. (B) What is the goal of job retention
services? The goal of job retention services is to assist
SNAP E&T participants in improving basic skills, increasing employability,
aiding in career advancement and enabling SNAP E&T participants to gain
better employment. (C) What types of activities may be
provided as part of job retention services? Job retention services may include but are not
limited to: (1) Financial literacy
planning; (2) Employer
mediation; (3) Job
coaching; (4) Workplace
literacy; (5) Training/skills
enhancement; and (6) Supportive services
such as reimbursement for costs associated with transportation and
childcare. (D) Who can receive job retention
services? A participant who: (1) Secured employment
after or while receiving other employment and training services under the SNAP
E&T program; and (2) Is receiving SNAP in
the month of or month prior to beginning job retention services. Job retention
services can be provided when the participant is no longer in receipt of SNAP
and is not: (a) Sanctioned in accordance with rule 5101:4-3-11.2 of the
Administrative Code; or (b) Disqualified due to an intentional program violation in
accordance with division 5101:6 of the Administrative Code. (E) What are the time limits for job
retention services? (1) County agencies are
to make a good faith effort to provide job retention services for at least
thirty days. County agencies can demonstrate a good faith effort in a number of
ways including but not limited to: (a) Making a reasonable number of attempts to contact the
participant; (b) Discussing the thirty day minimum requirement with the
participant; or (c) Outlining specific steps the provider or the
participant will take over the next thirty days to maintain a job.
(2) Job retention
services are to be offered for no more than ninety days. (3) A participant can
receive job retention services for more than one job at the same time. The job
retention time limits apply to each job separately and may overlap.
(F) Is there a limit on the number of
times an individual can receive job retention services? There is no limit to the number of times an
individual can receive job retention services so long as prior to obtaining new
employment, the individual re-engages with the SNAP E&T program. (G) How do job retention services count
when used to meet the able-bodied adults without dependents (ABAWD) work
requirement? (1) The number of hours
spent in an activity as part of job retention services including, but not
limited to those listed in paragraphs (C)(1) to (C)(5) of this rule, are to
count towards the ABAWD work requirement as described in rule 5101:4-3-20 of
the Administrative Code. (2) Supportive services
as described in paragraph (C)(6) of this rule are not to count toward the ABAWD
work requirement. (H) Can a participant be sanctioned for
failing to comply with job retention services? An otherwise eligible participant who refuses or
fails to accept or comply with job retention services offered by the county
agency is not to be sanctioned from SNAP.
Last updated June 16, 2022 at 12:06 AM
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Rule 5101:4-3-40 | Food assistance employment and training: work-based learning.
(A) What is work-based learning?
Work-based learning is a supplemental nutrition
assistance program (SNAP) employment and training (E&T) component that
emphasizes employer engagement and enables participants to move into regular
public or private employment. A work-based learning activity is to include an
element of training that fosters in-depth, firsthand engagement with the tasks
required in a given field that are aligned to curriculum and instruction.
Work-based learning activities may also include an element of interaction or
participation in industry or occupational real world settings. (B) What is the goal of work-based
learning? The goal of work-based learning is to improve the
employability of the SNAP E&T participant through actual work experience,
training or both. Improving employability means providing the participant with
new knowledge, skills and work experience that enable the participant to obtain
employment and/or gain better employment. (C) What activities are included in
work-based learning? Work-based learning program activities can
include, but are not limited to the following: (1) Internships; (2) Pre-apprenticeships; (3) Apprenticeships; (4) Customized
training; (5) Transitional
jobs; (6) Incumbent worker
training; (7) On-the-job workers
training as defined under Workforce Innovation and Opportunity Act (WIOA)
(7/2014); or (8) Subsidized
employment. (D) Who can be a provider of work-based
learning activities? Work-based learning is to be provided within the
private for-profit sector, the non-profit sector or the public sector and is to
provide the same benefits and working conditions that are provided at the job
site to employees performing comparable work for comparable hours. (E) How is income from a subsidized
employment activity treated? (1) For the purposes of
SNAP eligibility and benefits determinations, income from subsidized employment
is to be treated in accordance with rule 5101:4-4-19 of the Administrative
Code. (2) The county agency is
to describe to the participant how income earned from subsidized employment
activities may affect SNAP eligibility and benefit levels. The county agency is
to allow the participant to choose a different SNAP E&T activity if losing
eligibility or decreased benefits is a concern. (F) How long can subsidized employment or
apprenticeship activities last? (1) Subsidized work-based
learning activities and apprenticeships are to last six months or less.
However, if an individual is participating in a registered apprenticeship
program and the program is to last longer than six months, the individual is to
be permitted to complete the full apprenticeship program. (2) Subsidized work-based
learning activities are limited to once every twelve months for each
participant, unless the participant was found to have had good cause for not
completing the activity, as described in rule 5101:4-3-11.1 of the
Administrative Code. (G) What is the county agency's
responsibility when assigning an individual to a work-based learning
activity? (1) The county agency is
to assign a participant up to the maximum number of hours allowed in work-based
learning in accordance with rule 5101:4-3-31 of the Administrative Code.
(2) The county agency is
to assign an able-bodied adult without dependents (ABAWD) to an additional SNAP
E&T activity when the maximum number of hours assigned in work-based
learning does not fulfill the twenty hour per week ABAWD work requirement as
described in rule 5101:4-3-20 of the Administrative Code. If no other
assignment is made and the ABAWD work requirement is not met, the ABAWD is to
receive a countable month in accordance with rule 5101:4-3-20 of the
Administrative Code.
Last updated June 16, 2022 at 12:06 AM
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