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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:4-4 | Resource Eligibility Standards

 
 
 
Rule
Rule 5101:4-4-01 | Food assistance: resource standards.
 

An assistance group who has not been determined categorically eligible in accordance with rule 5101:4-2-02 of the Administrative Code must be under the resource limit in order to be eligible for supplemental nutrition assistance program (SNAP) benefits. Resource limits are reviewed and adjusted annually. The amounts are updated in the statewide automated eligibility system and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website: http://emanuals.jfs.ohio.gov.

(A) What are the types of resources?

There are two types of resources:

(1) Liquid resources: cash on hand, money in checking or savings accounts, savings certificates, stocks or bonds, and lump-sum payments as specified in rule 5101:4-4-07 of the Administrative Code.

(2) Non liquid resources: personal property, buildings, land, recreational properties, and any other property such as boats, vacation homes, and mobile homes provided that these resources are not specifically excluded under rule 5101:4-4-03 of the Administrative Code. The value of nonexempt resources shall be the equity value. The equity value is the fair market value less encumbrances.

(B) Are resources required to be documented and verified?

(1) Resources shall be documented for all assistance groups. During the interview, the county agency shall review with the applicant the resources reported as well as the possibility of unreported resources.

(2) When an assistance group is not categorically eligible, the county agency shall verify resource information when the information is questionable and may affect the assistance group's eligibility and/or benefit level. To be questionable, information on the application must be inconsistent with statements made by the applicant, other information on the application or a previous application, or with information received by the county agency.

(C) How are resources determined for sponsored aliens?

For assistance groups containing sponsored aliens as defined in rule 5101:4-6-31 of the Administrative Code, resources shall also include that portion of the resources of an alien's sponsor and the sponsor's spouse (when living with the sponsor) that has been deemed to be the alien's in accordance with the procedure established in rule 5101:4-6-31 of the Administrative Code, unless the sponsored alien is otherwise exempt from this provision in accordance with rule 5101:4-6-31 of the Administrative Code.

Last updated December 1, 2023 at 9:43 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2028
Prior Effective Dates: 6/1/1983, 4/1/1984, 9/28/1998, 6/1/2003 (Emer.), 6/12/2008, 9/1/2013
Rule 5101:4-4-03 | Food assistance: exempt resources.
 

(A) Which resources are exempt?

The following resources are exempt:

(1) Home and surrounding property.

(a) The home and surrounding property that is not separated from the home by intervening property owned by others is considered part of the home that is an exempt resource. Public rights of way, such as roads that run through the surrounding property and separate it from the home, will not affect the exemption of the property. The home and surrounding property continue to be an exempt resource even when a portion of the surrounding property is income-producing.

(b) The home and surrounding property shall remain exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, or uninhabitability caused by casualty or natural disaster when the assistance group intends to return.

(c) An assistance group that currently does not own a home, but owns or is purchasing a lot on which it intends to build or is building a permanent home, shall receive an exemption for the value of the lot and, when it is partially completed, for the home.

(2) Household and personal goods.

(3) Cash value of a life insurance policy.

(4) One burial plot per assistance group member.

(5) The value of one revocable funeral agreement per assistance group member.

(6) Vehicles in accordance with Ohio's temporary assistance for needy families (TANF) plan as permitted by the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act of 2001, Pub. L. No. 106-387, (10/2000).

(7) Income-producing property.

(a) Income producing property is:

(i) Property that annually produces income consistent with its fair market value, even when only used on a seasonal basis: such property shall include rental homes and vacation homes (when income producing);

(ii) Property, such as farm land or work-related equipment, such as the tools of a tradesman or the machinery of a farmer, that is essential to the employment or self-employment of an assistance group member. Property essential to the self-employment of an assistance group member engaged in farming shall continue to be exempt for one year from the date the assistance group member terminates the member's self-employment from farming;

(iii) Installment contracts for the sale of land or buildings when the contract or agreement is producing income consistent with its fair market value. The value of the property sold under contract or held as security in exchange for a purchase price consistent with the fair market value of that property is also exempt.

(8) Property, real or personal, to the extent that it is directly related to the use and maintenance of vehicles that are annually producing income consistent with its fair market value, or necessary for long distance travel, other than daily commuting, that is essential to the employment of an assistance group member. Only the portion of real property determined necessary for maintenance or for use of the vehicle is exempt under this rule.

(9) Inaccessible resources: resources are exempt when the cash value is not accessible to the assistance group such as, but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate, and real property that the assistance group is making a good faith effort to sell at a reasonable price and has not been sold. The county agency may verify that the property is for sale and that the assistance group has not declined a reasonable offer. Verification may be obtained through a collateral contact or documentation, such as an advertisement for public sale in a newspaper of general circulation or a listing with a real estate broker. Resources shall be considered inaccessible to the assistance group as long as they were truly unknown to the assistance group. At the point the assistance group discovers or is made aware of the resources that are legally available to the assistance group, the resources must be counted in determining the assistance group's eligibility for supplemental nutrition assistance program (SNAP).

(10) Any funds in a trust or transferred to a trust, and the income produced by that trust, shall be considered inaccessible to the assistance group when:

(a) The trust is under the control and management of an institution, corporation, or organization (the trustee) that is not under the direction or ownership of any assistance group member, or an individual appointed by the court who has court-imposed limitations placed on his or her use of the funds that meet the requirements of this paragraph;

(b) The funds held in irrevocable trust are either: established from the assistance group's own funds, when the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the assistance group creating the trust; or established from non assistance group funds by a non assistance group member;

(c) The trust investments do not directly involve or assist any business or corporation under the control or influence of an assistance group member;

(d) The trust arrangement will not likely cease during the certification period; and

(e) No assistance group member has the power to revoke the trust arrangements or change the name of the beneficiary during the certification period.

(f) Section 4717.36 of the Revised Code allows prepaid (prearranged or pre-need) burial contracts to establish burial accounts as irrevocable trust funds. A "prepaid burial contract" is an agreement among the recipient, the financial institution, and the funeral director. The agreement directs the financial institution to deliver to the funeral director, upon the recipient's death, the funds from a designated payable-on-death account that is on deposit at the financial institution.

(11) Earmarked resources: this includes any governmental payments that are designated for the restoration of the home that has been damaged in a disaster, when the assistance group is subject to a legal sanction when the funds are not used as intended. Examples of payments are those made by the department of housing and urban development through individual and family grant program or disaster loans or grants made by the small business administration.

(12) Resources that have been prorated and counted as income.

(13) Indian lands held jointly with the tribe, or land that can be sold only with the approval of the department of interior's bureau of Indian affairs.

(14) Energy assistance payments or allowances exempt as income under rule 5101:4-4-13 of the Administrative Code.

(15) Non-liquid assets against a lien that has been placed as a result of taking out a business loan and the assistance group is prohibited by the security or lien agreement with the lien holder (creditor) from selling the assets.

(16) A non-liquid resource that the assistance group is unable to sell for a return of at least one thousand five hundred dollars shall be exempt. This paragraph does not apply to financial instruments such as stocks, bonds, and negotiable financial instruments. An assistance group shall not divide a single resource for the purpose lessoning the return and causing the resource to be exempt. Any dividing of property solely to obtain an exemption under this paragraph shall be subject to the transfer of resources provisions as defined in rule 5101:4-4-09 of the Administrative Code.

(17) Individual development accounts regardless of their funding source.

(B) How are commingled exempt resources handled?

(1) Exempt resources that are kept in a separate account that are not commingled with other non-exempt resources shall retain their resource exemption for an unlimited period of time.

(2) The resources of students and self-employed assistance groups that are exempt and are commingled with non-exempt funds shall retain their exemption for the period of time that they have been prorated as income.

(3) All other exempt resources that are commingled with non-exempt funds shall retain their exemption for six months from the date of commingling. After six months from the date of commingling, all funds in the commingled account shall be counted as a resource.

Last updated December 1, 2023 at 9:43 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2028
Prior Effective Dates: 4/1/1981, 9/27/1982, 8/1/1983, 8/16/1985 (Emer.), 11/1/1985 (Emer.), 7/1/1986, 8/20/1986 (Emer.), 11/15/1986, 1/5/1990 (Emer.), 2/17/1991, 12/1/1991, 9/1/1994, 6/16/2003, 9/1/2018
Rule 5101:4-4-03.3 | Food assistance: resources excluded by law.
 

Resources are exempt when excluded for supplemental nutrition assistance program (SNAP) purposes by express provision of federal statute or court decision. Where an exclusion applies because of use of a resource by or for an assistance group member, the exclusion shall also apply when the resource is being used by or for an ineligible or disqualified person whose resources are being counted as part of the assistance group's resources. The following is a listing of some of the resources excluded by federal statute. The listing is divided into general resource exclusions and exclusions applicable to resources of American Indians or Alaska Natives.

(A) What are the general exclusions?

(1) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program, Pub. L. No. 79-396, (6/1946) section 12(e) of the National School Lunch Act of 1946.

(2) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966) of the Child Nutrition Act of 1966, section 11(b).

(3) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, (1/1971) section 216.

(4) Benefits received from the special supplemental food program for women, infants and children (WIC), Pub. L. No. 92- 433, (1/1972) section 9.

(5) Payments received under section 321(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 110-246 (6/2008). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as a resource for SNAP purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, that the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance for which the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency are not excluded under this provision.

(6) Payments received under the Low-Income Home Energy Assistance Act, Pub. L. No. 99-425, (9/1986) section 504 (e).

(7) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof islands and the Aleutian islands west of Unimak island, Pub. L. No. 100-383, (8/1988) section 105 (f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(8) Coupons that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, which amended section 17(m)(1) of the Child Nutrition Act of 1966.

(9) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) that are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by Aetna insurance company. The Omnibus Budget Reconciliation Act of 1989 excludes these payments. Pub. L. No. 102-4, (2/1991), Agent Orange Act of 1991, authorized veterans' benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These payments are not excluded by law.

(10) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2).

(11) Federal tax refunds received after December 1, 2009 are excluded for twelve months following the receipt of the refund under The American Taxpayer Relief Act, of 2012 Pub.L. No.112-240 (1/2013).

(12) Any federal, state and local earned income tax credits received either as a lump sum or as payments under section 3507 of the Internal Revenue Code (12/1994) shall be excluded for twelve months following receipt.

(13) The resources of an assistance group member who receives supplemental security income (SSI) benefits or public assistance benefits. An assistance group member is considered a recipient of these benefits when the benefits have been authorized but not received, when the benefits are suspended or recouped, or when the benefits are not paid because they are less than a minimum amount. For purposes of this paragraph, when an individual receives or is authorized to receive prevention, retention, and contingency (PRC) benefits or services as specified in paragraph (C)(2) of rule 5101:4-2-02 of the Administrative Code, the county agency shall consider the PRC assistance to benefit all members of the assistance group and therefore, the resources of all of the members of the assistance group shall be excluded. Individuals entitled to medicaid benefits only are not considered recipients of SSI or public assistance, Pub. L. No. 102-237, (12/1991), effective February 1, 1992.

(14) All student financial assistance received under Title IV (including assistance funded in part under Title IV) or part E of Title XIII of the Higher Education Act of 1965, or under bureau of Indian affairs student assistance programs pursuant to section 479(b) and section 1343(c) of Pub. L. No. 102-325, (7/1992) and educational assistance received by a student under section 507 of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, Pub. L. No. 101-392, (9/1990) that is made available for tuition, mandatory fees, books, supplies, transportation, dependent care, and miscellaneous personal expenses. All educational accounts described in section 529, (qualified tuition programs) and section 530 (coverdell education savings accounts) of the Internal Revenue Code of 1986, Pub. L. No. 110-246, (6/2008).

(15) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (8/1994).

(16) Pub. L. No. 103-322, (9/1994) section 230202, amended section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that, "(e) Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (a) such crime victim compensation program shall not pay that compensation; and (b) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program shall be excluded from resources for SNAP purposes.

(17) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (9/1996) section 1805(d), to a child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(18) Housing and urban development (HUD) retroactive tax and utility costs subsidy payments issued pursuant to the settlement of Underwood v. Harris (Civil no. 76-0469, D.D.C.) (1/1978) against HUD, for the month in which payment was received and for the following month.

(19) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (5/2019).

(20) Disaster relief employment income received from national emergency grants under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (7/2014) section 181(a)(2).

(21) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(22) All pensions, tax-preferred retirement plans, contracts or accounts, including but not limited to, those described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b) and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a "Federal Thrift Savings Plan" account as provided for in 5 U.S.C. 8439 (12/2014). Pub. L. No. 113-255, also provides for the exclusion of any successor retirement accounts that are exempt from federal taxes.

(23) Filipino veterans equity compensation fund payments under the American Recovery and Reinvestment Act of 2009 (February 17, 2009, Pub. L. No. 111-5) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(B) What payments made to American Indians or Alaska Natives are excluded by law?

A list of funds provided to American Indians or Alaska Natives that are excluded by law can be found at:

https://fns-prod.azureedge.net/sites/default/files/resource-files/ExcludedNativeAmericanFunds_2018.pdf

Last updated October 31, 2023 at 1:28 PM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2026
Prior Effective Dates: 8/1/1983, 12/22/1983, 11/15/1986, 4/1/1991, 10/1/1991, 10/2/1991 (Emer.), 8/1/1992 (Emer.), 1/1/1995, 7/1/1996, 12/18/2008, 9/1/2013
Rule 5101:4-4-07 | Food assistance: special resource situations.
 

(A) How are jointly owned resources counted?

(1) Resources owned jointly by separate assistance groups shall be considered available in their entirety to each assistance group, unless the assistance group can demonstrate that the resources are inaccessible to the applicant assistance group. When the assistance group can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the assistance group's resource level. The resource shall be considered totally inaccessible to the assistance group when the resources cannot be practically subdivided and the assistance group's access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply.

(2) For purposes of this provision, ineligible aliens or disqualified individuals residing with the assistance group shall be considered assistance group members; non assistance group members shall be considered separate from other assistance group members.

(3) Resources shall be considered inaccessible to persons residing in shelters for battered persons and children when the resources are jointly owned by such persons and by members of their former assistance group and the shelter resident's access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former assistance group.

(B) How are nonrecurring lump-sum payments treated?

(1) A nonrecurring lump-sum payment, money received at one time that is not expected to reoccur, or payments that are not related to any time period such as death benefits or inheritance, shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(2) Upon obtaining information that an assistance group has received a nonrecurring lump-sum payment, the county agency shall review the case file in order to determine when the amount received in addition to the amount of resources listed on the application will exceed the resource limit for the particular assistance group. When the amount does not exceed the limitation, the case file is noted to document the information received. No further action is required unless the assistance group must be notified in accordance with the procedures for a reported change. When the total amount exceeds the allowable resource limitation, the assistance group must be notified and given an opportunity to update its entire resource statement. When it declines to do so or the amount of resources still exceeds the limit, the county agency shall take action to terminate the assistance group's supplemental nutrition assistance program benefits.

Last updated December 1, 2023 at 9:44 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2028
Prior Effective Dates: 9/27/1982, 10/1/1996 (Emer.), 3/1/2001 (Emer.), 6/12/2008
Rule 5101:4-4-09 | Food assistance: transfer of resources.
 

(A) When does the county agency ask the assistance group about resources?

This rule applies to assistance groups with a member who:

(1) Is disqualified for an intentional program violation in accordance with division 5101:6 of the Administrative Code;

(2) Is ineligible because of a failure to comply with requirements of rules 5101:4-3-11.1, 5101:4-3-19 and 5101:4-3-09 of the Administrative Code;

(3) In accordance with rule 5101:4-2-03 of the Administrative Code, is ineligible because of the following:

(a) Violating a condition of probation or parole:

(b) Fleeing to avoid prosecution, custody, or confinement; or

(c) Having a conviction of certain crimes and are out of compliance with their sentence.

(4) Has previously been disqualified due to substantial lottery or gambling winnings and has not regained eligibility as described in rule 5101:4-6-32 of the Administrative Code.

When one of the these circumstances exist, the county agency shall ask the assistance group to provide information regarding resources any assistance group member (or ineligible alien or disqualified person whose resources are being considered available to the assistance group) has transferred within the three-month period immediately preceding the date of application or recertification. The county agency must determine if the transfer of resources was appropriate. When it is determined it was an inappropriate transfer of resources, the assistance group may be disqualified for supplemental nutrition assistance program (SNAP) benefits.

(B) How does the county agency determine an inappropriate transfer?

(1) Assistance groups that have transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits shall be disqualified from participation in the program for up to one year from the date of the discovery of the transfer.

(2) The appropriate disqualification period, as described in paragraph (D) of this rule, shall be applied when the resources are transferred knowingly in the three-month period prior to application or when they are transferred knowingly after the assistance group is determined eligible for benefits. Example: assets the assistance group acquires after being certified for benefits that are transferred to prevent the assistance group from exceeding the maximum resource limit.

(C) When is a resource transferred and considered an appropriate transfer?

(1) Resources consisting of excluded personal property such as furniture or money that, when added to other nonexempt assistance group resources, totaled less than the allowable resource limit at the time of the transfer;

(2) Resources sold or traded at or near fair market value;

(3) Resources that are transferred between members of the same assistance group (including ineligible aliens or disqualified persons whose resources are being considered available to the assistance group); and

(4) Resources that are transferred for reasons other than qualifying or attempting to qualify for SNAP benefits. Example: a parent placing funds into an educational trust fund for a dependent child.

(D) How is the disqualification period determined?

To calculate the total resources for the assistance group, start with the amount of the nonexempt transferred resources added to the other countable resources. The amount that exceeds the resource limit is the amount used to determine the length of the disqualification period:

(1) $0.01 - $249.99 disqualified for one month;

(2) $250.00 - $999.99 disqualified for three months;

(3) $1000.00 - $2999.99 disqualified for six months;

(4) $3000.00 - $4999.99 disqualified for nine months; and

(5) $5000.00 and up disqualified for twelve months.

(E) How is the assistance group notified of the disqualification?

(1) After the county agency has explored, verified and determined that the assistance group has knowingly transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits during the application processing period, the county agency shall send the assistance group a notice of denial explaining the reason for and the length of the disqualification. The period of disqualification shall begin in the month of application.

(2) When the assistance group has been participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be sent. The period of disqualification shall be sent effective with the first allotment issued after the adverse notice period has expired, unless the assistance group requested a fair hearing and continued benefits.

Last updated December 1, 2021 at 9:11 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 12/1/2026
Prior Effective Dates: 9/28/1998
Rule 5101:4-4-11 | Food assistance: income standards.
 

(A) The income eligibility standards for the supplemental nutrition program (SNAP) are issued through a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website. The standards are adjusted annually on October first.

(B) "Assistance group income" shall mean all countable income from whatever source as defined in rule 5101:4-4-19 of the Administrative Code excluding only the items specified in rule 5101:4-4-13 of the Administrative Code. The income considered is that received over the proposed certification period.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 12/21/1989, 11/8/1990, 12/14/1992, 10/1/1994 (Emer.), 11/12/1994, 10/1/1999 (Emer.), 12/16/1999, 10/1/2000 (Emer.), 10/1/2001 (Emer.), 12/6/2004
Rule 5101:4-4-13 | Food assistance: types of excluded income.
 

The following payments shall be excluded as income for supplemental nutrition assistance program (SNAP):

(A) Any gain or benefit that is not in the form of money payable directly to the assistance group including in-kind benefits. In-kind benefits are those for which no monetary payment is made on behalf of the assistance group and include meals, clothing, public housing, or produce from a garden.

(B) Payments made to a third party on behalf of the assistance group are included or excluded as income as follows:

(1) Public assistance vendor payments are counted as income unless they are made for medical assistance, child care assistance, energy assistance as defined in paragraph (I)(4) of this rule, emergency assistance (including, but not limited to housing and transportation payments) for migrant or seasonal farm worker assistance groups while they are in the job stream, or housing assistance payments made through a state or local housing authority.

(2) Public assistance provided to a third party on behalf of an assistance group that is not specifically excluded from consideration as income under paragraph (B)(1) of this rule shall be considered for exclusion under the emergency and special assistance category. To be considered emergency or special assistance and excluded, the assistance must be provided over and above the normal public assistance payment or cannot normally be provided as part of such payment.

(3) Reimbursements made in the form of vendor payments, monetary payments made on behalf of an assistance group by a person or organization outside of the assistance group directly to either the assistance group's creditors or to a person or organization providing a service to the assistance group, are excluded on the same basis as reimbursements paid directly to the assistance group in accordance with paragraph (E) of this rule.

(4) In-kind or vendor payments that would normally be excluded as income but are converted in whole or in part to a direct cash payment under a federally authorized demonstration project or waiver shall be excluded from income.

(5) Rent or mortgage payments made to landlords or mortgagees by the department of housing and urban development (HUD) are excluded.

(6) Monies that are legally obligated and otherwise payable to the assistance group, but are diverted by the provider of the payment to a third party for a household expense, shall be counted as income and not excluded. When a person or organization makes a payment to a third party on behalf of an assistance group using funds that are not owed to the assistance group, the payment shall be excluded from income.

(C) The county agency shall exclude any income that is specifically excluded by any other federal statute from consideration as income for the purpose of determining eligibility for SNAP. The following is a listing of some of the incomes excluded by federal statute. The listing is divided into general income exclusions and exclusions applicable to incomes of American Indians or Alaska natives.

(1) General exclusions

(a) Income of a supplemental security income (SSI) recipient determined necessary for the fulfillment of a plan for achieving self-support (PASS) that has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act of 1935. This income may be spent in accordance with an approved PASS or deposited into a PASS savings account for future use.

(b) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988 by Pub. L. No. 100-707, (11/1988).

(c) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program (CACFP), Pub. L. No. 79-396, (06/1946), section 12(e) of the National School Lunch Act of 1946, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975), as amended by Pub. L. No. 116-94 (12/2019).

(d) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966), the Child Nutrition Act of 1966, section 11(b).

(e) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, section 216 (1/1971).

(f) Pub. L. No. 93-113, (10/1973), the Domestic Volunteer Services Act of 1973, Titles I and II. Payments under Title I of the act (including such Title I programs as volunteers in service to americorps (VISTA), university year for action, and urban crime prevention program) to volunteers shall be excluded for those individuals receiving SNAP or public assistance at the time they joined the Title I program, except assistance groups that were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food and Nutrition Act of 2008 shall continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.

Temporary interruptions in SNAP participation shall not alter the exclusion once an initial determination has been made. New applicants who were not receiving public assistance or SNAP at the time they joined VISTA shall have these volunteer payments included as earned income. Any payment to volunteers under Title II (retired senior volunteer program, foster grandparents, senior companion program and others) are excluded from income.

(g) Payments received under section 312(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as income for SNAP purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, that the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance that the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.

(h) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof islands and the Aleutian islands west of Unimak island, Pub. L. No. 100-383, (8/1988), section 105(f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(i) Income received (including reimbursements) by individuals participating in programs under the Workforce Investment Act (WIA) of 1998, section 181 (a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014) except as provided in rule 5101:4-4-19 of the Administrative Code. This includes disaster relief employment income received from national emergency grants under the WIA, Pub. L. No. 105-220, (8/1998) section 181(a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014).

(j) Any amount by which the basic pay of an individual is reduced and reverted to the treasury shall not be considered to have been received by or to be within the control of such individual, Pub. L. No. 99-576,(10/1986) section 303(a)(1), Veteran's Benefits Improvement and Health Care Authorization Act of 1986, that amends section 1411(b) and 1412(c) of the Veteran's Educational Act of 1984 - GI bill.

(k) Funds received by persons fifty-five and older under the senior community service employment program under Title V of the Older Americans Act of 1987 are excluded from income, Pub. L. No. 109-365, (10/2006). The organizations that receive some Title V funds are as follows: experience works; national council on aging; national council of senior citizens; American association of retired persons; United States forest service; national association for Spanish speaking elderly; national urban league; and the national council on black aging.

(l) Cash donations based on need received on or after February 1, 1988 from one or more private nonprofit charitable organizations, but not to exceed three hundred dollars in a federal fiscal year quarter. Charitable Assistance and Food Bank Act of 1987, Pub. L. No. 100-232, (1/1988).

(m) SNAP benefits that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, that amended section 17(m)(7) of the Child Nutrition Act of 1966.

(n) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)(1/1989) that are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by aetna insurance company. The Omnibus Budget Reconciliation Act of 1989, Pub. L. No. 101-239, (12/1989), also excludes these payments. Pub. L. No. 102-4, (2/1991), Agent Orange Act of 1991, authorized veteran's benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law.

(o) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2), as amended by Pub. L. No. 106-245 (7/2000).

(p) The Omnibus Budget Reconciliation Act of 1990, Title XI revenue provisions, section 11111, modifications of earned income tax credit, subsection (b) provides that any federal earned income tax credit shall not be treated as income effective with taxable years beginning after December 31, 1990, Pub. L. No. 101-508, (11/1990).

(q) Pub. L. No. 101-610, (11/1990), National and Community Service Act (NCSA) of 1990, section 177(d), applies to projects conducted under Title I of the NCSA. Title I includes three acts: (i) Serve-America: the Community Service, Schools and Service-Learning Act of 1990, (ii) the American Conservation and Youth Service Corps Act of 1990, and (iii) the National and Community Service Act.

There are about forty-seven different NCSA programs, and they vary by state. Most of the payments are made as a weekly stipend or for educational assistance. The higher education service-learning program and the americorps umbrella program come under this title. The national civilian community corps (NCCC) is a federally managed americorps program. The summer for safety program is an americorps program; under which participants earn a stipend and a one thousand-dollar postservice educational award. The Serve America Act, Pub. L. No. 111-13, (4/2009), amended the National and Community Services Act of 1990 but it did not change the exclusion. All americorps payments shall be excluded.

(r) All student financial assistance, including grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veteran's educational benefits, and the like, that are awarded to an assistance group member enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, in a vocational or technical school, or in a program that provides for obtaining a secondary school diploma or the equivalent of a secondary school diploma shall be excluded from consideration as income for SNAP purposes.

Educational income excluded for dependent care costs shall not be deducted from income under the provisions of rule 5101:4-4-23 of the Administrative Code. Dependent care costs incurred that exceed the amount excluded under the provisions of this paragraph shall be deducted from income in accordance with rule 5101:4-4-23 of the Administrative Code.

(s) Payments made under the youthbuild program under the Housing and Community Development Act of 1992, Pub. L. No. 102-550, (10/1992). The youthbuild program transferred from the United States department of housing and urban development to the department of labor with the passage of the Youthbuild Transfer Act of 2006, Pub. L. No. 109-281, (9/2006), that amended the Workforce Innovation and Opportunity Act (WIOA) of 1998. These payments are to be treated like WIOA payments in accordance with paragraph (C)(1)(i) of this rule, except as provided in rule 5101:4-4-19 of the Administrative Code.

(t) Payments from any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care), Pub. L. No. 102-586, (11/1992) section 8, that amended the Child Care and Development Block Grant Act Amendments of 1992 by adding section 658S.

(u) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (8/1994).

(v) Pub. L. No. 103-322, (9/1994) section 230202, amended section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that, "(e) Notwithstanding any other law, when the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (i) such crime victim compensation program shall not pay that compensation; and (ii) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program shall be excluded from income for SNAP purposes.

(w) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (9/1996) section 1805(d), as amended by Pub. L. No. 106-419, (11/2000), to a child of a Vietnam veteran for any disability resulting from spina bifida and certain other birth defects suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(x) Combat-related pay received by a service member of the United States armed forces (under the Consolidated Appropriations Bill, 2008, Pub. L. No. 110-161, (12/2007)) and basic military pay not made available to the assistance group while the service member is on deployment to a designated combat zone.

(i) Pay is considered combat-related when:

(a) Received in addition to the service member's basic pay;

(b) Received as a result of the service member's deployment to, or service in an area designated as a combat zone as determined pursuant to executive order or public law; and

(c) Not received by the service member prior to the service member's deployment to or service in a federally-designated combat zone.

(ii) Basic military pay is considered available to the assistance group as follows:

(a) When the service member was part of the assistance group for SNAP purposes prior to the deployment to a designated combat zone, this amount would be his or her net military pay.

(b) When the service member was not part of the assistance group for SNAP purposes prior to the deployment to a designated combat zone, this amount is the amount the absent service member actually made available to the assistance group prior to deployment to the designated combat zone.

(y) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(z) Filipino veterans equity compensation funds payments under the American Recovery and Reinvestment Act of 2009 (2/2009, Pub. L. No. 111-5) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(aa) Any aid, services, or incentives provided to an eligible beneficiary participating in programs funded by the health profession opportunity grants (HPOG) under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, (3/2010).

(2) Payments made to American Indians or Alaska natives that are excluded by law. A list of funds provided to American Indians or Alaska natives that are excluded by law can be found at:

https://www.fns.usda.gov/funds-provided-american-indiansalaska-natives-are-excluded-law

(D) All loans, including loans from private individuals as well as commercial institutions, are excluded as income. Educational loans on which repayment is deferred shall be excluded pursuant to the provisions in paragraph (C)(1)(r) of this rule.

(E) Reimbursements for past or future expenses are excluded to the extent they do not exceed actual expenses and do not represent a gain or benefit to the assistance group. No portion of benefits provided under Title IV-A of the Social Security Act of 1935, to the extent such benefits are attributed to adjustment for work-related or child care expenses shall be considered excludable under this paragraph.

(1) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. Reimbursements for normal living expenses of the assistance group, such as rent or mortgage, personal clothing, or food eaten at home, are a gain or benefit and therefore are not excluded. To be excluded, these payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.

(2) The amount by which a reimbursement exceeds the actual incurred expense shall be counted as income. However, reimbursements shall not be considered to exceed the actual expenses, unless the provider or the assistance group indicates the amount is excessive.

(F) Monies received and used for the care and maintenance of a third-party beneficiary who is not an assistance group member. When the intended beneficiaries of a single payment are both assistance group and non-assistance group members, any identifiable portion of the payment intended and used for the care and maintenance of the non-assistance group member shall be excluded. When the non-assistance group member's portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries and the exclusion applied to the non-assistance group member's pro rata share or the amount actually used for the non-assistance group member's care and maintenance, whichever is less.

(G) The earned income of any assistance group members who live with a natural, adoptive, or stepparent, or under the parental control of an assistance group member other than a parent, who are elementary or secondary school students, and who are seventeen years of age or younger. For purposes of this provision, an "elementary or secondary school student" is someone who attends classes to obtain a general equivalency diploma (GED) that are recognized, operated, or supervised by the student's state or local school district. The provision also applies to a student who attends elementary or secondary classes through a home-school program recognized or supervised by the student's state or local school district. This income is excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break. When the child's earnings or the amount of work performed cannot be differentiated from that of other assistance group members, the total earnings shall be prorated equally among the working members and the child's pro rata share excluded. Individuals are considered children for this exclusion when they are under the parental control of another assistance group member. When an assistance group contains a student whose income is excluded and the student turns eighteen during the month of application, the student's earnings shall be excluded in the month of application and counted in the following month(s). When the student turns eighteen during the certification period, the student's income shall be excluded until the month following the month the student turns eighteen.

(H) Money received in the form of a nonrecurring lump-sum payment, including, but not limited to, income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, public assistance, railroad retirement pension, the learning, earning and parenting (LEAP) program enrollment bonus payment, or other payment; retroactive lump-sum insurance settlements; refunds of security deposits on rental property or utilities; medical loss ratio rebates afforded under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (3/2010); or prevention, retention and contingency (PRC) payments made to divert an assistance group from becoming dependent on cash assistance when the payment is not defined as assistance. Temporary assistance for needy families (TANF) non-recurrent, short term benefits are defined in 45 C.F.R. 260.31(b)(1) (revised October 1, 2001). These payments shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(I) Miscellaneous income exclusions.

(1) Irregular income

Any income in the certification period that is acquired too infrequently or irregularly to be reasonably anticipated, but not in excess of thirty dollars in a quarter.

(2) Costs of self-employment

The cost of producing self-employment income. See rule 5101:4-6-11 of the Administrative Code for the procedures on computing the cost of producing self-employment income.

(3) Income from ineligible assistance group members

The prorated share of earned or unearned income of an ineligible assistance group member in accordance with rule 5101:4-6-13 of the Administrative Code.

(4) Energy assistance, as follows:

(a) Any payments or allowances made for the purpose of providing energy assistance under any federal law other than part A of Title IV of the Social Security Act of 1935 (42 U.S.C. 601), including utility reimbursements made by HUD and the rural housing service, or

(b) A one-time payment or allowance applied for on an as-needed basis and made under a federal or state law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device. A down payment followed by a final payment upon completion of the work will be considered a one-time payment for purposes of this provision.

(5) Blood and blood plasma sales

Any income that is acquired from the sale of blood or blood plasma.

(6) Garage sales

Any income that is acquired from garage sales.

(7) Interest income

Any interest income from savings or other financial accounts.

(8) Bingo winnings

Any income from bingo winnings.

(J) Certain payments from the child and adult care food program

That portion of payments from the child and adult care food program to assistance groups providing child care services intended for the provider's own children's meals. See rule 5101:4-4-19 of the Administrative Code for treatment of that portion of child and adult care food program payments intended for providing services to children other than the provider's own.

(K) Payments that are not considered income.

(1) Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source that are voluntarily or involuntarily returned to repay a prior overpayment received from the income source, provided that the overpayment is not otherwise excluded. However, monies withheld from assistance from a federal, state, or local means-tested program (for example, Ohio works first (OWF)) due to the assistance group's failure to perform an action required under these programs, shall be included as income in accordance with rule 5101:4-6-16 of the Administrative Code.

(2) Child support payments received by OWF recipients that must be transferred to the agency administering Title IV-D of the Social Security Act of 1935 to maintain OWF eligibility.

(3) Governmental or court-ordered foster care payments, guardianship payments, or kinship support payments received by assistance groups with individuals who are considered to be boarders in accordance with rules 5101:4-2-03 and 5101:4-6-03 of the Administrative Code.

(4) In accordance with 7 C.F.R 273.9 (5/2015), any payment made to an employment and training participant under 7 C.F.R 273.7 (5/2015) for costs that are reasonably necessary and directly related to participation in the employment and training program are excluded income. These costs include, but are not limited to, dependent care costs, transportation, other expenses related to work, training or education, such as uniforms, personal safety items or the other necessary equipment, and books or training manuals. These costs are to not include the cost of meals away from home.

Last updated September 1, 2023 at 8:55 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54, 5101.884
Five Year Review Date: 9/1/2028
Prior Effective Dates: 10/1/1981, 2/12/1982, 6/17/1983, 2/16/1984 (Temp.), 8/1/1985, 1/1/1986, 5/1/1986, 9/1/1987 (Emer.), 10/29/1987 (Emer.), 10/1/1990, 2/17/1991, 8/1/1993, 8/1/1995 (Emer.), 2/1/1996, 9/22/1996 (Emer.), 6/6/1997, 9/1/1997, 12/16/1999, 6/16/2003, 6/12/2008, 12/18/2008, 9/1/2010
Rule 5101:4-4-19 | Food assistance: countable income.
 

(A) What is countable income?

Countable income is earned income minus the twenty per cent earned income deduction as described in rule 5101:4-4-23 of the Administrative Code plus any unearned income. Types of excluded income are listed in rule 5101:4-4-13 of the Administrative Code.

(B) What is earned income?

Earned income includes:

(1) All wages and salaries of an employee including:

(a) Garnished or diverted payments from wages; and

(b) The gross amount of sick pay, without any deductions for taxes and other work expenses, when the payee is a current employee of the payer.

(2) Self-employment income:

(a) Gross income from a self-employment enterprise.

(b) Income from the sale of any capital goods or equipment related to the business. Any business expense paid from this income would be deducted from this income.

(c) Income from rental property minus the cost of doing business when a member of the assistance group is actively engaged in management of the property for at least an average of twenty hours per week.

(d) Payments from a roomer or boarder, except a boarder for whom foster care, guardianship, or kinship support payments are received.

(e) Payments for daycare or from the child and adult care food program to assistance groups providing child care services minus the cost of meals provided to individuals. The county agency may elect one of the following methods of determining the cost of meals provided to the individuals:

(i) Actual documented costs of meals;

(ii) Fifty per cent of the gross earnings from day care; or

(iii) The current reimbursement amount used in the child and adult care food program.

(f) The portion of the child and adult care food program payments intended for the provider's own children is exempt as income.

(3) Training allowances

Training allowances from vocational and rehabilitative programs sponsored by federal, state, or local governments. Countable earned income does not include an allowance to reimburse an assistance group member for money already spent and does not represent a gain to the assistance group member.

(4) Americorps volunteers in service to America (VISTA) income

Payments under Title I (VISTA, university year for action, etc.) of the Domestic Volunteer Service Act of 1973 Pub. L. 43-113 (1973), shall be considered earned income and subject to the earned income deduction unless the individual was receiving supplemental nutrition assistance program (SNAP) or public assistance at the time they joined the Title I program as described in rule 5101:4-4-13 of the Administrative Code.

(5) On the-job-training under WIOA

Earnings to individuals who are participating in on-the-job training programs under Title I section 129 of WIOA of 2014. Countable income does not include on-the-job training earnings to assistance group members under nineteen years of age who are under the parental control of another adult member, regardless of school attendance and/or enrollment.

(C) What is unearned income?

Unearned income includes:

(1) Basic assistance payments from federal or federally-aided public assistance programs that are needs-based:

(a) Ohio works first (OWF). This includes income such as the attendance bonus payment for teenage parents who return to or remain in school under the learning, earning and parenting (LEAP) program; and

(b) Supplemental security income (SSI).

(2) Annuities, pensions, retirement, veterans' or disability benefits (all before taxes), workers' or unemployment compensation, retirement, survivors and disability insurance (RSDI) (before medicare deductions), strike benefits.

(3) The following payments are to be counted when the individual is considered a member of the assistance group:

(a) Foster care payments for children or adults;

(b) Guardianship payments for children as defined in rule 5101:4-1-03 of the Administrative Code;

(c) Kinship support payments for children as described in rule 5101:2-42-18.2 of the Administrative Code; and

(d) State kinship guardianship assistance program payments as described in rule 5101:2-56-01 of the Administrative Code when the child is not in receipt of OWF.

(4) State kinship guardianship assistance program payments as described in rule 5101:2-56-01 of the Administrative Code when the child is in receipt of OWF.

(5) Federal kinship guardianship assistance program payments as described in 42 U.S.C. 673 (1/2018) and 42 U.S.C. 675 (1/2018).

(6) Support and alimony payments made directly to the assistance group from non- assistance group members.

(7) Payments from government sponsored programs, dividends, royalties, and all other direct money payments from any source that can be defined as a gain or benefit, including certain vendor payments.

(8) The unearned income or the earned income of an ineligible individual excluded from the assistance group as provided in rule 5101:4-6-13 of the Administrative Code.

(9) Gross income from rental property minus the cost of doing business when an assistance group member is not actively engaged in management of the property at least twenty hours a week.

(10) Any payment made directly to the assistance group shall be counted as income except for energy assistance payments specified in rule 5101:4-4-13 of the Administrative Code. If the payment is not made on a monthly basis, the county agency shall prorate it over the period it is intended to cover.

(11) Sick pay when the payee is not a current employee of the payer, such as from insurance. The gross amount, without any deductions for taxes and any other work expenses.

(12) Termination or severance pay is to be counted as income unless the payment is received as a one time payment that is not intended to cover a period of time. When the payment is received as a one time payment not intended to cover a period of time it is treated in accordance with rule 5101:4-4-13 of the Administrative Code.

(D) When an assistance group contains a sponsored alien, the income of the sponsor and the sponsor's spouse must be deemed in accordance with procedures established in rule 5101:4-6-31 of the Administrative Code.

(E) After establishing an assistance group's countable income allowable deductions must be considered pursuant to rule 5101:4-4-23 of the Administrative Code.

Last updated January 3, 2023 at 9:29 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54, 5101.884
Five Year Review Date: 4/1/2026
Prior Effective Dates: 12/25/1983 (Temp.), 3/1/1984 (Temp.), 9/15/1987 (Emer.), 12/21/1989, 8/1/1992 (Emer.), 10/30/1992, 8/1/1995 (Emer.), 10/13/1995, 7/1/1998 (Emer.), 6/1/2001 (Emer.), 6/1/2003 (Emer.), 6/12/2008, 4/1/2021
Rule 5101:4-4-23 | Food assistance: deductions from income.
 

A deduction is considered in the month the expense is billed or otherwise becomes due. However, in the case of reimbursable medical expenses, a deduction can only be considered within thirty days of receiving the verification of the amount of reimbursement. The preceding applies regardless of when the assistance group intends to pay the expense. Deductions from income shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

Deductions for each assistance group are allowed only for the following:

(A) Gross earned income deduction: twenty per cent deduction of gross earned income. No additional deductions (i.e., taxes, pensions, union dues, and the like) except for costs of self-employment, are allowed from earned income. Excluded earned income is not subject to this deduction. The earned income of a disqualified member is subject to this deduction.

(B) Standard deduction: each assistance group regardless of its income receives the corresponding standard deduction for the assistance group size. In accordance with 7 C.F.R 273.9 (as in effect on the effective date of this rule), the United States department of agriculture (USDA) food nutrition service (FNS) determines the amount of the standard deduction based on the federal poverty guidelines and indexing of the cost of living increase for each federal fiscal year. The Ohio department of job and family services (ODJFS) provides this figure to the county agencies on an annual basis via a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website.

(C) Excess medical deduction: that portion of medical expenses that is nonreimbursable, over thirty-five dollars per month, excluding special diets, incurred by any assistance group member who is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(1) Who is eligible for this deduction?

(a) An assistance group with potential categorical eligibility that contains a supplemental security income (SSI) applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits shall receive restored benefits using the excess medical deduction from the beginning of the period for which SSI benefits are paid, or the original supplemental nutrition assistance program (SNAP) application date, whichever is later, when the assistance group incurs such expenses.

(b) Persons receiving emergency SSI benefits based on presumptive eligibility are eligible for this deduction.

(c) Individuals who are a dependent of a recipient of SSI or disability/blindness benefits are not eligible for this deduction if they are receiving benefits as a spouse or other person.

(2) Allowable medical costs are limited to the following:

(a) Medical and dental care, including psychotherapy and rehabilitation services, provided by a licensed practitioner authorized by the state or another qualified health professional.

(b) Hospitalization or outpatient treatment, nursing care, and nursing home care. Also included are payments by the assistance group for an individual who was an assistance group member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state.

(c) Prescription drugs when prescribed by a licensed practitioner and other over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional. In addition, costs of medical supplies, incontinence products, sick-room equipment (including rental) or other prescribed equipment or supplies are deductible. The cost of any Schedule I controlled substance under the Controlled Substances Act 21 U.S.C. 812 (12/2018) including medical marijuana and any expenses associated with its use, are not deductible.

(d) Health and hospitalization insurance policy premiums. The costs of health and accident policies such as those payable in lump-sum settlements for death or dismemberment, or income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled are not deductible.

(e) Medicare premiums and any cost-sharing or spend-down expenses incurred by medicaid recipients, as described in 7 C.F.R. 273.9.

(f) Dentures, hearing aids, and prosthetics.

(g) Costs associated with any animal (not limited to any type of animal) specially trained to serve the needs of an elderly or disabled assistance group member when:

(i) The animal is specially trained to assist the individual with the medical issue for which the animal is prescribed, and the individual cannot readily perform on their own (specific types of trainings, credentials or certifications are not required); and

(ii) The costs are associated with securing and maintaining the animal, including but not limited to, veterinarian bills and food costs.

(h) Eyeglasses prescribed by a physician skilled in eye disease or by an optometrist.

(i) Monthly telephone fees for amplifiers and warning signals for handicapped persons, and costs of telephone typewriter equipment for the deaf.

(j) Reasonable costs of transportation and lodging to obtain medical treatment or services. "Reasonable costs for transportation" shall be defined as the current federal or state mileage reimbursement rate, whichever is higher, for private automobiles, or actual costs when other forms of transportation are used. Verification is required only when costs exceed the higher of the federal or state mileage reimbursement rate or the rate charged is for public transportation (e.g., local bus service).

(k) Maintaining an attendant homemaker, home health aide, child care services, or housekeeper, necessary due to age, infirmity, or illness. In addition, an amount equal to the one-person allotment shall be deducted as a medical expense when the assistance group furnishes the majority of the attendant's meals. The allotment for this meal-related deduction shall be that in effect at the time of initial certification. The county agency is only required to update the allotment amount at the next scheduled reapplication; however, the county agency may do so earlier. When an assistance group incurs attendant care costs that could qualify under both the medical deduction and the dependent care deduction, the cost may be deducted as a medical expense or a dependent care expense, but not both.

(D) Child/dependent care deduction: payments for the actual verified expenses for the care of an individual for whom the assistance group provides dependent care, including care of a child under the age of eighteen or an incapacitated person of any age in need of care. A child care expense that is reimbursed or paid for by the Ohio works first program under Title IV-A of the Social Security Act, (42 U.S.C. 618 (5/2017) shall not be deductible.

(1) Dependent care expenses are allowable deductions when determined necessary for a group member to:

(a) Search for, accept or continue employment;

(b) Comply with the employment and training requirements described in rule 5101:4-3-30 of the Administrative Code; or

(c) Attend training or education in preparation for employment under rule 5101:4-3-30 of the Administrative Code, unless covered by educational income which has been excluded under rule 5101:4-4-13 of the Administrative Code.

(2) Dependent care expenses must be separately identified, necessary to participate in the care arrangement, and not already paid by another source on behalf of the household. Allowable dependent care expenses are limited to:

(a) The costs of care given by a care facility or an individual care provider, including a relative, so long as the relative providing care is not part of the same SNAP assistance group as the child or dependent adult receiving care;

(b) Transportation costs to and from the care facility; and

(c) Activity or other fees associated with the care provided to the dependent that are necessary for the household to participate in the care.

(3) For purposes of paragraph (D) of this rule, "incapacitated" is defined as any permanent or temporary condition that prevents an individual from participating fully in normal activities, including but not limited to work or school, without supervision and that requires the care of another person to ensure the health and safety of the individual, or a condition or situation that makes a lack of supervision risky to the health and safety of that individual.

(4) An assistance group incurring attendant care expenses that could qualify under both the medical deduction and/or child/dependent care deduction may be deducted as either a medical expense or child/dependent care expense, but not both.

(E) Shelter costs: monthly shelter costs over fifty per cent of the assistance group's income after all other deductions contained in this rule have been allowed. When the assistance group does not contain an elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code, the shelter deduction cannot exceed the maximum shelter deduction provided. These assistance groups shall receive an excess shelter deduction for the entire monthly cost that exceeds fifty per cent of the assistance group income after all other deductions contained in this rule have been allowed. An assistance group with potential categorical eligibility that contains an SSI applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits shall receive restored benefits using the excess shelter deduction from the beginning of the period for that SSI benefits are paid or the original SNAP application date, whichever is later, when the assistance group incurs such expenses. The maximum shelter cost deduction shall be adjusted each fiscal year and the county agencies will be informed of the amount through the issuance of a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website. Shelter costs shall include only the following:

(1) An assistance group that receives the homeless shelter deduction under paragraph (H) of this rule shall not have its shelter expense considered under paragraphs (E) and (F) of this rule.

(2) Continuing charges for the shelter occupied by the assistance group, including rent, first and second mortgages, condo and association fees, or other continuing charges leading to the ownership of shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments. Examples of shelter costs homeless assistance groups may incur are fees for staying at shelters for the homeless, fees for renting a motel room for a number of days or hours each month, etc. When a homeless assistance group is living in its car, the car payment can qualify as a shelter cost.

(3) Property taxes, state and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings. When an assistance group is living in a car, only that portion of the car insurance premium that covers the car itself may be allowed. License plate fees on a motor home or car that represents an assistance group's residence are not assessments and they are not allowable.

(4) One of the utility allowances listed under paragraph (F) of this rule when applicable. To receive a utility allowance there shall be an incurred utility expense. Only separate identifiable utility costs are allowable.

(5) Charges for the repair of the home itself that was substantially damaged or destroyed due to a natural disaster such as a fire or flood. Costs for replacement or repair of normal home furnishings (e.g., bed, refrigerator, stove) or personal belongings (e.g., clothes, jewelry, linen) are not covered by this rule. Shelter costs shall not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source.

(6) The shelter costs for the home when temporarily unoccupied by the assistance group because of employment or training away from home, illness, or abandonment of the home due to natural disaster or casualty loss. For the costs of a vacated home to be included in shelter costs, the assistance group shall intend to return to the home; the current occupants of the home, when any, shall not be claiming the shelter costs for SNAP purposes; and the home shall not be leased or rented in the assistance group's absence. The county agency is not required to assist assistance groups in obtaining verification of this expense when verification would have to be obtained from a source outside of the project area. Assistance groups shall provide verification of actual utility costs for unoccupied homes when the costs would result in a deduction. An assistance group that has both an occupied home and an unoccupied home is only entitled to one standard utility allowance.

(F) Utility allowance: utility allowances are established by ODJFS and are reviewed and updated annually. The amounts are updated in the statewide automated eligibility system and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website. The utility allowances include the costs of heating fuel, electricity, water, sewer, trash collection, and telephone service. A "cooling cost" is a verifiable utility expense relating to the operation of air conditioning systems or room air conditioners. This does not include costs relating to the operation of fans.

Types of utility allowances and who is entitled to them:

Each assistance group charged for a utility expense is entitled a utility allowance. Assistance groups that are not directly billed by a utility company but are billed separately when costs are shared or are owed to a landlord are entitled to a utility allowance. County agencies shall not prorate utility allowances.

(1) Standard utility allowance: deduction for the assistance groups that incur heating and or cooling costs. The standard utility allowance includes the costs of heating fuel, electricity, cooling costs, water, sewer, trash collection and telephone service.

Assistance groups entitled to the use of the standard utility allowance include:

(a) Assistance groups that are not considered homeless that incur heating and/or cooling expenses separately from their rent or mortgage are entitled to the standard utility allowance.

(b) Assistance groups that incur verified heating costs during the heating season continue to qualify for the standard utility allowance throughout the year, regardless of whether they also incur cooling costs, and vice versa.

(c) Assistance groups in private rental housing that are billed by their landlords on the basis of individual usage or that are charged a flat rate based on their individual usage for heating or cooling expenses separately from their rent are entitled to the standard utility allowance.

(d) Assistance groups that received more than twenty dollars of direct or indirect assistance in the past twelve months under the Low Income Home Energy Assistance Act of 1981 (LIHEAA), 42 U.S.C. 94 (01/2012) such as the home energy assistance program (HEAP) (which is excluded as income), are entitled to the standard utility allowance whether or not the assistance group incurs any out-of-pocket expenses.

(e) Assistance groups that receive direct or indirect energy assistance that is counted as income and that incur a heating or cooling expense are entitled to use the standard utility allowance.

(f) Assistance groups that receive direct or indirect assistance that is excluded from income consideration (other than that provided under the HEAP) such as utility reimbursements made by the department of housing and urban development (HUD) and/or the farmers home administration (FMHA) are entitled to use the standard utility allowance, only when the amount of their utility heating and/or cooling expenses exceeds the amount of the energy assistance or utility reimbursement provided.

(g) An assistance group that has both an occupied and an unoccupied home is only entitled to one standard utility allowance.

(h) Assistance groups living in public housing units that have central utility meters and are charged only for excess heating or cooling costs are entitled to the standard utility allowance, regardless when they are charged by the utility company or the landlord.

(i) All assistance groups that live with another individual, another assistance group or both, and share heating and/or cooling costs, are entitled to the full standard utility allowance.

(2) Limited utility allowance: deduction for the assistance groups that incur two or more utility expenses, none of which is a heating or cooling expense, but may include a telephone expense.

(3) Single standard utility allowance: deduction for assistance groups that incur one utility expense that is not a heating, cooling or telephone expense.

(4) Standard telephone allowance: deduction for assistance groups that only incur a telephone expense.

(G) Child support: a deduction is provided for legally obligated child support payments paid by an assistance group member to or for a nonhousehold member, including payments made to a third party on behalf of the nonhousehold member (vendor payments). The county agency shall allow a deduction for amounts paid toward arrearages. Alimony payments made to or for a nonhousehold member shall not be included in the child support deduction. County agencies shall budget child support payments prospectively regardless of the budgeting system used for the assistance group's other circumstances.

(H) Homeless shelter deduction: an assistance group that is considered to be homeless is eligible to have this deduction taken in the determination of its net income. To be eligible for this deduction, the homeless assistance group shall incur shelter costs during the month. Homeless assistance groups shall be given the choice of the homeless shelter deduction or actual shelter costs. A homeless assistance group receiving the homeless shelter deduction cannot have its shelter expenses considered under paragraphs (E) and (F) of this rule. The homeless shelter deduction is established by FNS and the amount, when changed, will be issued through a food assistance change transmittal. Food assistance change transmittals can be found in the food assistance certification handbook on the Ohio department of job and family services website.

(I) Verification of deductions

Nonreimbursable medical expenses of elderly or disabled members shall be verified at initial certification, reapplication, and whenever a change of more than twenty-five dollars is reported. Shelter and utility expenses, shelter and utility expenses for an unoccupied home, other shelter expenses, dependent care expenses, and legal obligation and actual child support payments shall be verified. Also, when other deductible expenses claimed will result in a deduction, the expenses shall be verified. Information on the application is questionable when it is inconsistent with information elsewhere on the application or previous application, statements made by the applicant, information received by the county agency, or in the case of utility expenses, inconsistent with normal costs for the season and shall be verified.

(J) When a deductible expense shall be verified and obtaining the verification may delay the assistance group's certification, the county agency shall advise the assistance group that the assistance group's eligibility and benefit level shall be determined without deducting the unverified expense. When the expense cannot be verified within thirty days of the date of application, the county agency shall determine the assistance group's eligibility and benefit level without deducting the unverified expense. When the assistance group subsequently provides the missing verification, the county agency redetermines the assistance group's benefits, and provides increased benefits, when any, in accordance with the timeliness standards for reported changes. The assistance group is entitled to the restoration of any benefits as a result of the disallowance of the expense only when the expense could not be verified within the thirty-day processing standard because the county agency failed to allow the assistance group sufficient time to verify the expense. When the assistance group would be ineligible unless the expense is allowed, the assistance group's application shall be handled as provided in rule 5101:4-5-07 of the Administrative Code.

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54
Five Year Review Date: 12/1/2024
Prior Effective Dates: 6/1/1981, 1/22/1982, 2/1/1982, 5/1/1982, 10/1/1984 (Emer.), 8/16/1985 (Emer.), 1/1/1986, 8/1/1986 (Emer.), 1/5/1990 (Emer.), 10/1/1990 (Emer.), 11/8/1990, 10/1/1995 (Emer.), 2/1/1996 (Emer.), 3/14/1996, 9/22/1996 (Emer.), 12/21/1996, 11/20/1997, 6/1/1998, 12/10/2000, 10/1/2001 (Emer.), 12/11/2003, 10/1/2005 (Emer.), 5/1/2009, 7/1/2013, 3/1/2017
Rule 5101:4-4-27 | Food assistance: determining monthly food assistance benefits.
 

(A) How is a monthly benefit allotment determined?

The monthly supplemental nutrition assistance program (SNAP) benefit can be determined several ways. The benefit amount can be determined through the statewide automated eligibility system, by using the basis of coupon/EBT issuance table, or by doing a manual budget. When calculating monthly benefits without using the statewide automated eligibility system the county agency must use the maximum food assistance allotment table and may need to use the basis of coupon/EBT issuance table and the maximum net monthly income standards. All of these tables are issued annually through a food assistance change transmittal, that can be found in the food assistance certification handbook at the Ohio department of job and family services website.

(1) To determine an assistance group's monthly SNAP allotment using the basis of coupon/EBT issuance table:

(a) Calculate the assistance group's net monthly income according to rule 5101:4-4-31 of the Administrative Code.

(b) When the assistance group is categorically eligible according to rule 5101:4-2-02 of the Administrative Code and thus not subject to the net income standard, find the monthly allotment on the basis of coupon/ EBT issuance table using the net income of the assistance group and the appropriate assistance group size.

(c) When the assistance group is subject to the net income standard, compare the assistance group's net monthly income to the maximum net monthly income standard. When the assistance group's net income is greater than the net monthly income standard, the assistance group is ineligible. When the assistance group's net income is equal to or less than the net monthly income standard, the assistance group is eligible. Find the allotment amount on the basis of coupon/EBT issuance table using the net income of the assistance group and the appropriate assistance group size.

(d) Eligible assistance groups of one or two persons are eligible for a full monthly benefit of no less than the minimum benefit allotment.

(e) Assistance groups containing three or more members shall receive the actual calculated allotment.

(2) To calculate the allotment manually (without using the basis of coupon/EBT issuance table):

(a) Calculate the assistance group's net monthly income according to rule 5101:4-4-31 of the Administrative Code.

(b) When the assistance group is categorically eligible according to rule 5101:4-2-02 of the Administrative Code and thus not subject to the net monthly income standard, multiply the net monthly income by thirty per cent.

(c) When the assistance group is subject to the net income standard, compare the assistance group's net monthly income to the maximum net monthly income standard. When the assistance group's net income is greater than the net monthly income standard, the assistance group is ineligible. When the assistance group's net income is equal to or less than the net monthly income standard, the assistance group is eligible. Multiply the net monthly income by thirty per cent.

(d) Round the product up to the next whole dollar when it ends in one cent through ninety-nine cents.

(e) To obtain the allotment, subtract the result of the net monthly income calculation from the maximum SNAP allotment for the appropriate assistance group size.

(f) When the benefit is for a one or two person assistance group and the computation results in a benefit of less than the minimum benefit allotment, round up to the minimum benefit amount.

(g) Assistance groups containing three or more members shall receive the actual calculated allotment.

(B) How are benefits prorated for the initial month?

The term "initial month" means the first month for which the assistance group is certified for participation in SNAP. The initial month must follow a period when the assistance group was not participating in SNAP. For most assistance groups the break in receiving SNAP can be any amount of time. However, for migrant and seasonal farm workers, an initial month is determined by a break in benefits of at least one month. Assistance groups containing migrant and seasonal farm workers shall receive a full month's allotment with no proration when the break in benefits is less than one month.

Benefits for the initial month of application are prorated based on the date the application is received by the county agency. To prorate the initial month of benefits the county agency must determine what the SNAP allotment would have been for the entire month as explained in paragraph (A) of this rule, and then prorate the benefits as described in this paragraph based on the date the application was received:

The steps for prorating are:

(1) Add one to the number of days in the month;

(2) Subtract the date the application was received from the total calculated in paragraph (B)(1) of this rule.

(3) Multiply the amount from paragraph (B)(2) of this rule by the full month's benefits determined from paragraph (A) of this rule.

(4) Divide the amount from paragraph (B)(3) of this rule by the number of days in the month.

(5) When the number calculated in paragraph (B)(4) of this rule ends in one cent through ninety-nine cents, round it down to the next lower dollar.

(6) When the number calculated results in an allotment of less than ten dollars, round it to zero dollars. When the amount calculated is ten dollars or more the benefit should be issued.

(C) What happens when there are anticipated changes at the time of application?

(1) An assistance group's allotment for the month of application may be different than the following months.

(2) An assistance group may be eligible for the month of application, but ineligible in the next month. The assistance group is entitled to benefits for the month of application even when the processing of its application results in the benefits being issued in the next month.

(3) Similarly, an assistance group may be ineligible for the month of application, but eligible in the next month due to anticipated changes in circumstances. Even though denied for the month of application, the assistance group does not have to reapply in the next month. The same application shall be used for the denial for the month of application and the approval for the next months, within the timeliness standards as described in rule 5101:4-2-11 of the Administrative Code.

(D) What happens when there are anticipated changes at the time of recertification?

Eligibility for recertification shall be determined based on circumstances anticipated for the certification period starting the month following the expiration of the current certification period.

(1) When an assistance group, other than a migrant or seasonal farm worker assistance group, submits an application after the assistance group's certification period has expired, that application shall be considered an initial application and benefits for that month shall be prorated.

(2) When an assistance group's failure to timely reapply for benefits was due to an error of the county agency and therefore, there was a break in participation, the county agency shall follow procedures in rule 5101:4-5-07 of the Administrative Code.

(3) When an assistance group reapplies prior to the end of its certification period, but is found ineligible for the first month following the end of the certification period, the first month of any subsequent participation shall be considered an initial month.

(4) When an assistance group submits a recertification for benefits prior to the end of its certification period and is found eligible for the first month following the end of the certification period, then that month shall not be an initial month.

(5) The requirements of paragraph (D)(4) of this rule are effective only when the assistance group has been properly notified of the expiration of its certification period, as described in rule 5101:4-7-07 of the Administrative Code.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 10/1/1982, 9/1/1994, 8/1/1995 (Emer.), 10/13/1995, 12/21/1996, 5/1/1999, 6/1/2001 (Emer.), 6/1/2015
Rule 5101:4-4-31 | Food assistance: anticipating income.
 

(A) What is the general standard for anticipating income?

For the purpose of determining the supplemental nutrition assistance program (SNAP) assistance group's eligibility and monthly benefit, the county agency is to take into account the income already received by the assistance group during the certification period and any anticipated income the assistance group and the county agency are reasonably certain will be received during the remainder of the certification period. When the amount of income that will be received or when it will be received is uncertain, the county agency is not to count that portion of the assistance group's income that is uncertain. When the exact amount of the income is not known, that portion of it that is anticipated with reasonable certainty is considered income. In cases where the receipt of income is reasonably certain but the monthly amount may fluctuate, the county agency is to average income.

(B) How is income anticipated?

Income received during the past thirty days is to be used as an indicator of the income that is and will be available to the assistance group during the certification period. However, the county agency is not to use past income as an indicator of income anticipated for the certification period if changes in income have occurred or can be anticipated. When income fluctuates to the extent that a thirty-day period alone cannot provide an accurate indication of anticipated income, the county agency and the assistance group may use a longer period of past time when it will provide an accurate indication of anticipated fluctuations in future income. Similarly, when the assistance group's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last thirty days, as one indicator of anticipated income. The county agency is to exercise particular caution in using income from a past season as an indicator of income for the certification period. In many cases of seasonally fluctuating income, the income also fluctuates from one season in one year to the same season in the next year. However, in no event is the county agency to automatically attribute to the assistance group the amount of any past income. The county agency is not to use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.

(C) When is income anticipated for the month received?

Income anticipated during the certification period is to be counted as income only in the month it is expected to be received, unless the income is averaged as described in paragraph (I) or (J) of this rule. Nonrecurring lump-sum payments are counted as a resource starting in the month received and not counted as income.

(D) How is income anticipated when an assistance group is steadily employed?

In cases where the assistance group name is steadily employed, income from the previous month is usually a good indicator of the amount of income that can be anticipated in the month of application and subsequent months. When information supplied by the assistance group or a collateral contact indicates that future income will differ from the previous month's income, the county agency will use such information to make a reasonable estimate of anticipated income. The method used to determine income is to be fully documented in the case file.

(E) How are hourly and piecework wages anticipated?

When income is received on an hourly wage or piecework basis, weekly income may fluctuate when the wage earner works less than eight hours some days or works overtime on others. In this case the county agency should consult with the assistance group to determine the normal amount of income to be expected as a result of one week's work and when this is reasonably certain to be available during the certification period. This amount should be used to determine monthly income.

(F) Are withheld wages treated as income?

Wages held at the request of the employee is to be considered income to the assistance group in the month the wages would otherwise have been paid by the employer. However, wages held by the employer as a general practice, even when in violation of law, are not counted as income to the assistance group, unless the assistance group anticipates that it will ask for and receive an advance or that it will receive income from wages that were previously held by the employer as a general practice and were, therefore, not previously counted as income by the county agency. Advances on wages is to count as income in the month received only when reasonably anticipated.

(G) How is monthly or semimonthly income of varying amounts anticipated?

An assistance group receiving income on a recurring monthly or semimonthly basis is not to have its monthly income varied merely because of changes in mailing cycles or pay dates or because weekends or holidays cause additional payments to be received in a month.

(H) When should actual income be used instead of converted income?

When a full month's income is anticipated and income is received on a weekly or biweekly basis, the county agency is to determine monthly income by multiplying weekly amounts by 4.3 and biweekly amounts by 2.15. In one-month certifications, income on less than a monthly basis may be computed by using the actual income that is to be received. When income that was received on a weekly or biweekly basis has stopped, actual income (not converted) is used.

(I) When is income averaged?

Except for destitute assistance groups, income received on a monthly basis but whose amount fluctuates from month-to-month and income received less often than monthly are to be averaged. Income is not to be averaged for a destitute assistance group since doing so would result in assigning to the month of application income from future periods which is not available to the assistance group for its current food needs. To average income, the county agency is to use the assistance group's anticipation of income fluctuations over the certification period. (For example, an assistance group receives one hundred dollars every other month, fifty dollars per month income may be used.) The number of months used to arrive at the average income need not be the same as the number of months in the certification period. An average is to be recalculated at recertification and in response to changes in income, in accordance with paragraph (K)(1) of rule 5101:4-7-01 of the Administrative Code, and the county agency is to inform the assistance group of the amount of income used to calculate the allotment. Conversion of income received weekly or biweekly in accordance with paragraph (H) of this rule does not constitute averaging.

(J) How is contract or self-employment income anticipated?

Assistance groups which, by contract or self-employment, derive their annual income in a period of time shorter than one year is to have that income averaged over a twelve-month period, provided the income from the contract is not received on an hourly or piecework basis. These assistance groups may include school employees, share croppers, farmers, and other self-employed assistance groups. However, these provisions do not apply to migrant or seasonal farm workers. Contract income which is not the assistance group's annual income and is not paid on an hourly or piecework basis is to be prorated over the period the income is intended to cover.

(K) What expenses are included in income deductions?

Deductible expenses include only the costs described in rule 5101:4-4-23 of the Administrative Code.

(L) What types of expenses are not allowed as deductions?

(1) Any expense, in whole or in part, covered by educational income which is excluded income as defined in rule 5101:4-4-13 of the Administrative Code.

(2) Any expense covered by excluded reimbursements as described in rule 5101:4-4-13 of the Administrative Code (including reimbursements under employment and training programs) or vendor payments (except an energy assistance payment made under the Low Income Home Energy Assistance Act of 1981, as amended). For example, the portion of rent covered by excluded vendor payments is not calculated as part of the assistance group's shelter costs. In addition, an expense which is covered by an excluded vendor payment that has been converted to a direct cash payment under the approval of a federally authorized demonstration project are not deductible.

(3) The portion of an allowable medical expense which is not reimbursable is to be included as part of the assistance group's medical expenses. When the assistance group reports an allowable medical expense at the time of certification but cannot provide verification at that time, and when the amount of the expense cannot be reasonably anticipated based upon available information about the recipient's medical condition and public or private medical insurance coverage, the assistance group is to have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified.

(4) An utility expense which is reimbursed or paid by an excluded payment, including the department of housing and urban development (HUD) or the farmers home administration (FMHA) utility reimbursements as described in rule 5101:4-4-13 of the Administrative Code, are not deductible. Expenses are to only be deductible when the service is provided by someone outside of the assistance group and the assistance group is responsible for the expense. For example, a dependent care deduction is not allowed when another assistance group member provides the care, or compensation for the care is provided in the form of an in-kind benefit, such as food.

(M) When are billed expenses deducted?

Except as provided in paragraph (N) of this rule, a deduction is considered in the month the expense is billed or otherwise becomes due. However, in the case of reimbursable medical expenses, a deduction can only be considered within thirty days of receiving the verification of the amount of reimbursement. The phrase "otherwise becomes due" is meant to provide for deductions in situations where regular billing statements are not issued but the expenses nevertheless become due each month as in most rental arrangements. All of the preceding applies regardless of when the assistance group intends to pay the expense. Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the assistance group. In any event, a particular expense may only be deducted once. Past due bills, except in the situation of medical expenses awaiting reimbursement, is not to be deducted.

(N) How are expenses anticipated?

The county agency is to calculate an assistance group's expenses based on the expenses the assistance group expects to be billed for during the certification period. Anticipation of the expense is to be based on the most recent month's bills unless the assistance group is reasonably certain a change will occur. At certification and recertification, the assistance group is to report and verify all medical expenses. The assistance group's monthly medical deduction for the certification period is to be based on the information reported and verified by the assistance group, and any anticipated changes in the assistance group's medical expenses that can be reasonably expected to occur during the certification period based on available information about the recipient's medical condition, public or private insurance coverage, and current verified medical expenses. The assistance group is not required to report changes about its medical expenses during the certification period. When the assistance group voluntarily reports a change in its medical expenses, the county agency is to act upon the change in accordance with paragraph (K)(3) of rule 5101:4-7-01 of the Administrative Code when the change would increase the assistance group's allotment. In the case of a reported change that would decrease the assistance group's allotment, or make the assistance group ineligible, the county agency is to act on the change without first requiring verification in accordance with paragraph (K)(4) of rule 5101:4-7-01 of the Administrative Code.

(O) When should expenses be converted?

When the assistance group is billed more frequently than monthly for expenses, the county agency is to use the conversion procedure.

(P) How are expenses averaged?

Assistance groups may elect to have fluctuating monthly expenses deducted entirely in the month incurred or averaged.

(1) Averaging less frequent bills

Assistance groups may elect to have expenses that are billed less often than monthly treated as follows:

(a) The entire expense may be deducted during the month the expense is billed or otherwise becomes due.

(b) The expense may be averaged forward over the interval between scheduled billings.

(c) When there is no scheduled interval between billings, the expense may be averaged forward over the period the expense is intended to cover.

(d) Whether expenses are averaged forward between scheduled billings or averaged forward over the period the expense is intended to cover, deductions are not to be limited to the certification period in which the bill was received. When the expense is incurred on an ongoing basis, it may be deducted on an ongoing basis.

(e) "One-time-only" expenses may be averaged over the entire certification period in which they are billed when they are verified at the time of certification.

(2) Averaging "one-time only" expenses excluding medical

Assistance groups reporting "one-time-only" expenses (excluding medical expenses) during their certification period may elect to have them treated as follows:

(a) The total "one-time-only" expense may be deducted in the month it is billed, rather than have the expenses averaged; or

(b) "One-time-only" expenses may be averaged over the certification period in which they were billed. For example, when the expense occurs during the fourth month of a six-month certification period, then only one-sixth of the expense can be deducted in each of the remaining two months. The other unused portion is lost. In these cases, it may be to the assistance group's advantage to have the total expense deducted in the month it is billed, rather than to have the expense averaged.

(3) Averaging medical expenses

Assistance groups reporting "one-time-only" medical expenses during their certification period may elect to have them treated as follows:

(a) The total medical expense in excess of thirty-five dollars may be deducted for one month; or

(b) The medical expense may be averaged forward over the remaining months of the certification period. When this option is chosen, only the amount in excess of thirty-five dollars each month may be deducted. Averaging is to begin the month the change becomes effective.

(c) When an assistance group is certified for thirty-six months, the "one-time-only" medical expenses incurred during the first twelve month in excess of thirty-five dollars will be treated as follows:

(i) The medical expense may be deducted for one month; or

(ii) The medical expense may be averaged over the remainder of the first twelve months of the certification period; or

(iii) The medical expense may be averaged forward over the remaining months of the certification period. Averaging is to begin the month the change becomes effective.

(d) When an assistance group is certified for thirty-six months, the "one-time-only" medical expenses incurred after the first twelve months in excess of thirty-five dollars will be treated as follows:

(i) The medical expense may be deducted for one month; or

(ii) The medical expense may be averaged forward over the remaining months of the certification period. Averaging is to begin the month the change becomes effective.

(Q) How is SNAP eligibility determined and how are the appropriate gross and net income standards applied?

Assistance groups who are eligible in accordance with rule 5101:4-2-02 of the Administrative Code are not subject to the SNAP one hundred thirty per cent gross income or the net income standards.

(1) Assistance groups that do not contain at least one elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code and who are not eligible in accordance with rule 5101:4-2-02 of the Administrative code are to meet the SNAP one hundred thirty per cent gross income and the net income standards. The assistance group is to have its gross monthly income, as calculated in accordance with this rule, compared to the gross income standard for the appropriate assistance group size to determine eligibility. When the gross income is more than the standard for the appropriate assistance group size, the assistance group is ineligible. When the assistance group's gross monthly income is equal to or less than the gross income standard for the appropriate assistance group size, the assistance group is to then have it's net monthly income, as calculated in this rule, compared to the income standard for the appropriate assistance group size to determine eligibility. When the assistance group's net income is equal to or less than the appropriate net income standard, the assistance group's level of benefits is determined, if otherwise eligible.

(2) Assistance groups that contain at least one elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code and who are not eligible in accordance with rule 5101:4-2-02 of the Administrative code do not have to meet the SNAP one hundred thirty per cent gross income standard, but are to meet the net income standards. The assistance group is to have its net monthly income as calculated in this rule compared to the net income standard for the appropriate assistance group size to determine eligibility. When an assistance group contains a member who is fifty-nine years old on the date of application, but who will become sixty before the end of the month of application, the county agency is to determine the assistance group's income eligibility by comparing it to the net income standard. When the assistance group's net income exceeds the appropriate net income standard, the assistance group is ineligible to participate in SNAP. When the assistance group's net income is equal to or less than the appropriate net income standard, the assistance group's level of benefits is determined, if otherwise eligible.

(3) An assistance group containing a student with excluded income who turns eighteen during the month of application or during the certification period is to have its income eligibility determined in accordance with paragraph (G) of rule 5101:4-4-13 of the Administrative Code.

(R) How is gross monthly income calculated?

To determine the assistance group's total gross income, add the gross monthly income earned by all assistance group members and the total monthly unearned income of all assistance group members, minus income exclusions. When an assistance group has income from a farming operation (with gross proceeds of more than one thousand dollars per year) that operates at a loss, see rule 5101:4-6-11 of the Administrative Code. The total gross income is compared to the gross income eligibility standard for the appropriate assistance group size. When the total gross income is equal to or less than the standard, proceed with calculating the adjusted net income as described in paragraph (S) of this rule. When the total gross income is more than the standard, the assistance group is ineligible for program benefits and the case is either denied or terminated at this point.

(S) How is net monthly income calculated?

Assistance groups who are determined eligible after applying the gross income eligibility test, will have their net income compared to the net income standard prior to determining level of benefits as described in this paragraph. After determining net income, the "Basis of Coupon Issuance Tables" located in rule 5101:4-4-27 of the Administrative Code is used to determine the assistance group's allotment.

(1) Total gross income

Add the gross monthly income earned by all assistance group members and the total monthly unearned income of all assistance group members, minus earned income exclusions, to determine the assistance group's total gross income. Net losses from the self-employment income of a farmer are to be offset in accordance with rule 5101:4-6-11 of the Administrative Code.

(2) Earned income deduction

Multiply the total gross monthly earned income by twenty per cent and subtract that amount from the total gross income.

(3) Standard deduction

Subtract the standard deduction.

(4) Excess medical deduction

When the assistance group is entitled to an excess medical deduction, determine if total medical expenses exceed thirty-five dollars. If so, subtract that portion which exceeds thirty-five dollars.

(5) Dependent care deduction

Subtract monthly dependent care expenses, if any.

(6) Legally obligated child support deduction

Subtract the allowable monthly child support payments in accordance with rule 5101:4-4-23 of the Administrative Code.

(7) Standard homeless shelter deduction

Subtract the standard homeless shelter deduction amount if any, when the assistance group is homeless and it incurs shelter costs during the month and has not claimed an excess shelter cost according to paragraph (S)(8) of this rule.

(8) Determining any excess shelter cost

Total the allowable shelter expenses to determine shelter costs, unless a deduction has been subtracted in accordance with paragraph (S)(7) of this rule. Subtract from total shelter costs fifty per cent of the assistance group's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. When there is no excess shelter cost, go to the next step.

(9) Applying any excess shelter cost

Subtract the excess shelter cost up to the maximum amount allowed (unless the assistance group is entitled to the full amount of its excess shelter expenses) from the assistance group's monthly income after all other applicable deductions. Assistance groups not subject to the shelter limitation are to have the full amount exceeding fifty per cent of their adjusted income subtracted. The assistance group's net monthly income has been determined.

(T) What is the rounding technique used when calculating monthly income?

In calculating gross income (both earned and unearned) the monthly amounts are to be rounded down to the nearest whole dollar by dropping all cents. All cents in gross weekly, biweekly, or semimonthly income are to be dropped before and after adding, dividing or multiplying. Hourly rates that contain cents are not rounded. However, because these procedures could result in a significant decrease in the medical and shelter expenses the assistance group may be entitled to use in determining excess medical and shelter costs, the individual costs used in paragraphs (S)(4) and (S)(8) of this rule are to be computed using exact dollars and cents. The cents will be dropped from the total medical and shelter costs prior to determining the medical and shelter deductions for the assistance group's net monthly income.

(U) What is the rounding technique used when calculating the monthly allotment?

In manually calculating monthly allotments as described in rule 5101:4-4-39 of the Administrative Code, after multiplying the net income by thirty per cent, the county agency is to round the product up to the next whole dollar when it ends in one through ninety-nine cents prior to subtracting that amount from the maximum SNAP allotment.

(V) What is the rounding technique used when calculating the initial month benefit?

The county agency is to determine initial benefits based on the day of the month assistance groups apply for benefits. In manually calculating the initial month's benefits, the county agency is to use the formula described in rule 5101:4-4-27 of the Administrative Code. When the result ends in one through ninety-nine cents, the county agency is to round the product down to the nearest lower whole dollar. When the computation results in an allotment of less than ten dollars, then no issuance is to be made for the initial month.

(W) How is income anticipated for destitute assistance groups?

For assistance groups considered destitute, the county agency is to determine an assistance group's eligibility by first applying the procedures contained in rule 5101:4-6-09 of the Administrative Code and then apply the appropriate income standard in accordance with paragraph (Q) of this rule. For destitute assistance groups who apply after the fifteenth of the month and who have postponed submitting mandatory verifications, refer to paragraph (G) of rule 5101:4-6-09 of the Administrative Code.

Last updated October 1, 2024 at 9:31 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 1/1/1981, 6/17/1983, 3/1/1984, 4/6/1987, 5/1/1991 (Emer.), 8/1/1992 (Emer.), 10/31/1992, 9/28/1998
Rule 5101:4-4-39 | Food assistance: allotment computation.
 

(A) How is the supplemental nutrition assistance program (SNAP) allotment determined?

Except for computation of the initial allotment or when circumstances as defined in rule 5101:4-7-13 of the Administrative Code are in effect, the assistance group's monthly allotment shall be equal to the maximum SNAP allotment for the assistance group's size, reduced by thirty per cent of the assistance group's net monthly income. After multiplying the net income by thirty per cent, the county agency shall round the product up to the next whole dollar when it ends in one through ninety-nine cents prior to subtracting that amount from the maximum SNAP allotment. This rounding method shall be used in all determinations of allotments.

(B) What is the minimum issuance amount in an initial month?

When the calculation of benefits for an initial month made in accordance with rule 5101:4-4-27 of the Administrative Code would yield an allotment of less than ten dollars for the assistance group, no benefits shall be issued to the assistance group for the initial month.

(C) What are the minimum allotment amounts?

Only eligible one-person and two-person assistance groups shall receive the "minimum benefit" as defined in rule 5101:4-1-03 of the Administrative Code, for each month following the initial month.

(D) What happens when there is eligibility after the gross income test but not after the net income test?

When the assistance group is program eligible after the gross income test, but, after calculating net income is ineligible due to income in excess of the net income standard (issued in a food assistance change transmittal letter located in the food assistance certification handbook on the Ohio department of job and family services website), the county agency shall deny the assistance group's application. For those eligible assistance groups that are entitled to no benefits in their initial month of application but are entitled to benefits in subsequent months, the county agency shall certify the assistance groups beginning with the month of application, but not issue benefits until the second or subsequent month.

(E) How are changes in circumstances that affect an assistance group's income eligibility standard handled?

When an assistance group's circumstances change and it becomes entitled to a different income eligibility standard, the county agency shall apply the different standard at the next recertification or whenever the county agency changes the assistance group's eligibility, whichever occurs first. This applies when an assistance group loses or gains an elderly or disabled member or when an assistance group has a change in its categorical eligibility status.

Last updated March 1, 2023 at 8:45 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 5101.54, 329.042
Five Year Review Date: 3/1/2028
Prior Effective Dates: 9/1/2012, 3/1/2019