This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:4-6-01 | Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs.
Effective:
September 1, 2020
Narcotic addicts or alcoholics who regularly
participate in publicly operated or private non-profit drug addiction or
alcoholic (DAA) treatment and rehabilitation programs on a resident basis may
voluntarily apply for supplemental nutrition assistance program (SNAP). (A) What is the certification process
for DAA treatment center residents? (1) Applications shall be
made through an authorized representative who is employed by the DAA treatment
center and designated by the center for that purpose. (2) The county agency
shall require the assistance group to designate the DAA treatment center as its
authorized representative for the purpose of receiving and using an allotment
on behalf of the assistance group. (3) Residents shall be
certified as a one-person assistance group unless their children are living
with them, in that case their children shall be included in the assistance
group. (4) The county agency
shall certify residents of DAA treatment centers using the same provisions that
apply to all other assistance groups, including, but not limited to, the same
rights to notices of adverse action and fair hearings. (5) The county agency
shall conduct periodic random on-site visits to the DAA treatment center to
ensure the accuracy of the list (as provided in paragraph (C)(3) of this rule)
and that the county agency's records are consistent and up to
date. (B) What requirements shall the DAA
treatment center meet in order for the residents of the center to be eligible
to receive SNAP? The DAA treatment center shall provide evidence
that it is: (1) Tax exempt and certified by the Ohio
department of mental health and addiction services as: (a) Receiving funding under part B of Title XIX of the Public
Health Service Act, 42 U.S.C. 300x (1992); (b) Eligible to receive funding under part B of Title XIX even
when no funds are being received; (c) Operating to further the purposes of part B of Title XIX, to
provide treatment and rehabilitation of drug addicts and/or alcoholics;
or (2) Authorized as a retailer by food and
nutrition service. When the United States department of
agriculture (USDA), food and nutrition service (FNS) disqualifies a treatment
program as an authorized retailer, the county agency shall suspend its
authorized representative status for the same period. (C) What are the responsibilities of the
DAA treatment centers? (1) Accessing the
benefits: DAA treatment centers may redeem benefits by using the assistance
group's electronic benefit transfer (EBT) card at authorized retailers or
at a point of sale device at the center, when the center is an authorized
retailer. (2) Change notification:
the DAA treatment center shall notify the county agency of changes in the
assistance group's circumstances as described in rule 5101:4-7-01 of the
Administrative Code and when an assistance group leaves the DAA treatment
center. When an individual leaves a DAA treatment center the center
shall: (a) Provide the assistance group with a change report form to
report to the county agency the assistance group's new address and other
circumstances after leaving the center; (b) Advise the assistance group to return the form to the
appropriate county agency office within ten days; (c) No longer act as the assistance group's authorized
representative for certification purposes or for obtaining or using SNAP
benefits; and (d) When the card was in the possession of the center the center
shall provide the assistance group with his/her EBT card. When the assistance
group has already left the center, the center shall return the EBT card to the
county agency by the end of the month. (3) List of current
participants: the DAA treatment center shall provide the county agency with a
list of currently participating residents that includes a statement signed by a
responsible center official attesting to the validity of the list. The
participating resident list shall be supplied to the county agency by the DAA
treatment center on a monthly basis. (4) The organization or
institution shall be responsible for any misrepresentation or intentional
program violation that it knowingly commits in the certification of center
residents. As an authorized representative, the organization or institution
shall be knowledgeable about the assistance group's circumstances and
should carefully review those circumstances with residents prior to applying on
their behalf. The organization or institution shall be strictly liable for all
losses or misuse of SNAP benefits held on behalf of residents and for all
overpayments that occur while the assistance group is a resident of the DAA
treatment center. (D) What shall the DAA treatment center
do with SNAP benefits of recipients that have left the center? (1) When no benefits have
been spent on behalf of the individual assistance group, the center is to
return the full value of any benefits already debited from the assistance
group's current monthly allotment back into the assistance group's
EBT account at the time the assistance group leaves the center. (2) When benefits have
already been debited from the EBT account and any portion spent on behalf of
the assistance group, the following procedures are to be followed: (a) When the assistance group leaves the DAA treatment center
prior to the sixteenth of the month the county agency is to permit the return
of one-half of the allotment to the assistance group's EBT account through
a refund. (b) When the assistance group leaves the DAA treatment center on
or after the sixteenth day of the month the assistance group is to be allowed
to receive any remaining benefits authorized or posted to the EBT account at
the time the assistance group leaves the center. (3) The county agency shall promptly
notify the state agency when it has reason to believe that a center is misusing
benefits in its possession. The state agency shall notify FNS of the report.
The county agency shall not take any action against the organization or
institution prior to FNS action. Upon a determination of misuse by FNS the
county agency shall establish a claim for the overpayments of SNAP benefits
held on behalf of residents as stipulated in paragraph (C)(4) of this rule.
When FNS disqualifies an organization or institution as an authorized retailer,
the county agency shall suspend its authorized representative status for the
same period. (4) When the center loses its
authorization under Title XIX, or its FNS authorization as a retail food store
is revoked, participation by any resident is automatically canceled. A notice
of adverse action is not required but the center and each recipient shall be
notified in writing of their ineligibility.
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Rule 5101:4-6-02 | Food assistance: shared parenting.
Effective:
October 1, 2023
This rule describes the process the county agency
shall use when determining eligibility for a dependent child in a shared
parenting arrangement. (A) What are shared parenting
arrangements? Shared parenting arrangements include: (1) Formal, court ordered
arrangements; (2) Informal arrangements
agreed upon mutually by both parents; or (3) A combination of both
formal, court ordered arrangements and informal arrangements. (B) How does the county agency verify
shared parenting arrangements? (1) To verify shared
parenting arrangements, the county agency is to: (a) Use the procedures described in rule 5101:4-2-09 of the
Administrative Code; (b) Use the best available information to determine
eligibility; (c) Ensure that all supporting documents are located in the
assistance group's case file, as well as documented in the Ohio benefits
integrated eligibility system; and (d) Evaluate the actual circumstances when the parents
follow an arrangement that is different from the formal, court ordered shared
parenting arrangement or when there is no formal, court ordered
arrangement. (2) When there is a
discrepancy between the parents' statements regarding the child's
living arrangement and a formal, court ordered arrangement exists, the county
agency is to refer to that order to establish which assistance group should
include the child. (C) Can both parents receive supplemental nutrition
assistance program (SNAP) for the same child in the same month? Both parents cannot receive SNAP for the same
child in the same month despite a shared parenting arrangement permitting the
child to live with each parent for part of the month. (D) How does the county agency determine which assistance
group should include the child? (1) Since shared
parenting arrangements are not the same in each case, assistance group
composition is to be determined on a case-by-case basis. (2) When one parent applies for the
child and the child lives with him or her for part of the month, then the child
shall be included in that parent's assistance group. (3) When both parents apply for the
child: For the purposes of determining which
assistance group the child is to be included, "majority" means more
than fifty per cent. (a) The child shall be included in the assistance group where he
or she lives the majority of the time. (b) When the child lives with each parent an equal amount of
time, then the county agency shall determine who provides the majority of the
child's meals: (i) When one parent
provides the majority of the child's meals, then the county agency shall
include the child in the assistance group with that parent. (ii) When both parents provide fifty per cent of the
child's meals, then the parents are to agree which parent's
assistance group should include the child. (iii) When both parents provide fifty per cent of the
child's meals but the parents cannot agree which assistance group should
include the child, then the county agency shall include the child with the
parent who applied first. (E) How often should the shared parenting
arrangement be evaluated? The child shall remain in the parent's
assistance group through the assigned certification period once the county
agency determines the child should be included in that assistance group based
on the process outlined in paragraph (D) of this rule. Eligibility shall only
be re-evaluated when there is a: (1) Change reported in
assistance group composition; (2) Change reported in
the shared parenting arrangement; (3) Recertification;
or (4) The other parent
applies for the same child and: (a) The county has not made a determination under paragraph
(D)(3) of this rule for the current certification; or (b) There has been a change in circumstances since a
determination was last made under paragraph (D)(3) of this rule.
Last updated October 2, 2023 at 8:32 AM
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Rule 5101:4-6-03 | Food assistance: boarders and income from boarders.
(A) Who is considered a boarder? Boarders include: (1) Individuals or groups of individuals
who live with someone who is providing their meals and lodging in exchange for
a "reasonable amount" of money; and (2) Adults or children placed in foster
care by a government agency; (3) Children for whom
guardianship payments are received as defined in rule 5101:4-1-03 of the
Administrative Code; and (4) Children for whom
kinship support payments are received as defined in rule 5101:2-42-18.2 of the
Administrative Code. (B) How is a "reasonable amount" determined for meals
and lodging? To determine when an individual is paying a
reasonable amount for meals and lodging, only the amount paid for meals shall
be used. A reasonable monthly payment shall be either of the following: (1) For individuals who are provided
more than two meals a day, reasonable compensation shall be an amount that
equals or exceeds the maximum monthly supplemental nutrition assistance program
(SNAP) allotment for the appropriate size of the boarder household;
or (2) For individuals who are provided two
meals or less per day, reasonable compensation shall be an amount that equals
or exceeds two-thirds of the maximum monthly SNAP allotment for the appropriate
size of the boarder household. (C) Are boarders eligible to receive SNAP? (1) Boarders are not eligible to
participate in SNAP by themselves. (2) Boarders may participate as a member
of the assistance group providing their meals and lodging, only at the
assistance group's request. (D) How is a boarder's income and resources counted for the
assistance group? (1) The income and resources of a
boarder who is not included as a member of the assistance group are not counted
toward the assistance group. (2) When the boarder is an assistance
group member, his or her income and resources are available to the assistance
group and are counted in the eligibility determination as described in division
5101:4 of the Administrative Code. (E) How is the payment from boarders counted for the assistance
group? (1) Payments from a boarder, except
individuals in foster care, shall be treated as self-employment
income. (2) The income from boarders shall
include all direct payments to the assistance group for meals and lodging,
including contributions to the assistance group's shelter expenses.
Shelter expenses paid directly by boarders to someone outside of the assistance
group shall not be counted as income to the assistance group. (3) The income of the assistance group
owning and operating a commercial boarding house shall be handled as
self-employment income and the criteria in rule 5101:4-6-11 of the
Administrative Code shall apply. (4) Foster care payments
for children or adults, guardianship payments for children, and kinship support
payments for children, who are members of the assistance group are to be
considered unearned income when received by the assistance group. (F) How is the cost of doing business determined? In determining the income received from boarders,
the county agency shall exclude the portion of the boarder payment that is a
cost of doing business. The amount allowed as a cost of doing business shall
not exceed the payment the assistance group receives from the boarder for
lodging and meals. The county agency may elect one of the following methods to
determine the cost of doing business: (1) The maximum monthly SNAP benefit for
an assistance group that is equal to the number of boarders; or (2) The actual documented cost of
providing lodging and meals, when the actual cost exceeds the appropriate
maximum monthly benefit amount or the self- employment standard deduction as
described in rule 5101:4-6-11 of the Administrative Code. When actual costs are
used, only separate and identifiable costs for lodging and meals shall be
excluded. (G) What deductible expenses are used to determine the monthly
allotment? The net income from self-employment shall be
added to other earned income and the twenty per cent earned income deduction is
applied to the total. Shelter costs the assistance group actually incurs, even
when the boarder contributes to the assistance group's shelter expenses,
are computed to determine when the assistance group will receive a shelter
deduction. The shelter costs shall not include any shelter expenses directly
paid by the boarder to a third party, such as the landlord.
Last updated April 8, 2021 at 1:26 PM
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Rule 5101:4-6-04 | Food assistance: student enrolled in an institution of higher education.
Effective:
October 1, 2024
(A) Who is considered to be an
ineligible student? (1) An individual who is
enrolled at least half-time, as determined by the school, in an institution of
higher education is to be ineligible to participate in the supplemental
nutrition assistance program (SNAP) unless the individual qualifies for one of
the exemptions in paragraph (B) of this rule. (2) An individual is
considered to be enrolled in an institution of higher education when the
individual is enrolled in a business, technical, trade, or vocational school
that normally requires a high school diploma or equivalency certificate for
enrollment in the curriculum or when the individual is enrolled in a regular
curriculum at a college or university that offers degree programs regardless of
whether a high school diploma is necessary. (B) What are the student
exemptions? To be eligible for the program, a student as
defined in paragraph (A) of this rule is to meet at least one of the following
criteria: (1) Age: the student is
age seventeen or younger or age fifty or older. (2) Unfit to work: the
student is physically or mentally unfit for work in accordance with rule
5101:4-3-11 of the Administrative Code. (3) Recipient of Ohio
works first (OWF): the student is considered to be a recipient of an OWF cash
payment. (4) Enrolled through work
activity programs: the student is enrolled in the institution of higher
education as a result of participation in an OWF work activity
program. (5) Employed: the student
is employed for a minimum of twenty hours per week and is paid for such
employment or, when self-employed, is employed for a minimum of twenty hours
per week and receiving weekly earnings at least equal to the federal minimum
wage multiplied by twenty hours. The twenty hours per week is specific. The
total hours worked in a month cannot be averaged. (6) Participation in a
work study program: the student is participating in a state-financed or
federally-financed work study program during the regular school year. To
qualify under this provision, the student is to be approved for work study at
the time of application for SNAP, the work study is to be approved for the
school term, and the student is to anticipate actually working during that
time. The exemption is to begin with the month the
school term begins or the month work study is approved, whichever is later.
Once begun, the exemption is to continue until the end of the month the school
term ends, or it becomes known that the student has refused an assignment. When
it is determined that a student had been approved and anticipated performing
work study hours that did not materialize, no claim is to be created. When a
determination is made that the student deliberately gave wrong or misleading
information, a claim is to be created. The student work study exemption is not
to continue between terms when there are breaks of a full month or longer
unless the student is participating in work study during the break. (7) Participation in
on-the-job training: the student is participating in an on-the-job training
program. An individual is considered to be participating in an on-the-job
training program only during the period of time the individual is being trained
by the employer. (8) Care of a child under
age six: the student is responsible for the care of a dependent assistance
group member under the age of six. (9) Care of a child
between six and eleven years of age: the student is responsible for the care of
a dependent assistance group member who has reached the age of six but is under
age twelve when the county agency has determined that adequate child care is
not available to enable the student to attend class and comply with the work
requirements of paragraphs (B)(5) and (B)(6) of this rule. (10) A single parent with
a child under age twelve: the student is a single parent enrolled in an
institution of higher education on a full-time basis (as determined by the
institution) and is responsible for the care of a dependent child under age
twelve. This provision applies in those situations where only one natural,
adoptive, or stepparent (regardless of marital status) is in the same
assistance group as the child. When no natural, adoptive, or stepparent is in
the same SNAP assistance group as the child, another full-time student in the
same assistance group as the child may qualify for eligible student status
under this provision when he or she has parental control over the child and is
not living with his or her spouse. (11) Enrolled in an
institution of higher education as a result of participation in: (a) A program under the Workforce Innovation and Opportunity Act
(WIOA) (Public Law 113-128) (7/2014); (b) A program under section 236 of the Trade Act of 1974 (19
U.S.C. 2296) (6/2015); (c) An employment and training program other than the SNAP
employment and training (E&T) program, for low-income assistance groups
that is operated by a state or local government where one or more of the
components of such program is at least equivalent to an acceptable SNAP E&T
program component. The JFS 07600 "Student Verification" is to be
completed by the institution of higher education and used when determining that
the following criteria is met: (i) The individual is
enrolled in a program under the Carl D. Perkins Career and Technical Education
Improvement Act of 2006 (20 U.S.C. 2302) designed to be completed in not more
than four years at an institution of higher education as defined in section 102
of the Higher Education Act of 1965 (20 U.S.C. 2296); or (ii) The individual is
enrolled in an accredited institution of higher education with a major that
leads to an in-demand occupation. A list of in-demand occupations can be found
on the Ohio means jobs website:
"https://topjobs.ohio.gov/top-jobs-list"; and (a) Is eligible to
participate in a state-financed or federally-financed work study program during
the regular school year, as determined by the institution of higher education;
or (b) Has an expected
family contribution of zero dollars in the current academic year;
or (d) An E&T program under Chapter 5101:4-9 of the
Administrative Code, subject to the condition that the course of study or
program; (i) Is part of a program
of career and technical education as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to
be completed in not more than four years at an institution of higher education
as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 2296);
or (ii) Is limited to
remedial courses, basic adult education, literacy, or English as a second
language. (C) How is enrollment status
determined? The enrollment status of a student is to begin on
the first day of the school term of the institution of higher education. Such
enrollment is to be deemed to continue through normal periods of class
attendance, vacation and recess, unless the student graduates, is suspended or
expelled, drops out, or does not intend to register for the next normal school
term excluding summer school. (D) How is an ineligible student's
income and resources handled? An individual who is subject to the requirements
of this rule and who does not meet any of the criteria in paragraph (B) of this
rule is to be considered ineligible to participate in the SNAP program. The
income and resources of the ineligible student is not to be counted in
determining eligibility or the level of benefits for the assistance group, as
specified in rule 5101:4-6-15 of the Administrative Code. (E) How is eligibility determined for
students who are participating in a meal plan at an institution of higher
education? (1) The county agency is
to determine when students participating in a meal plan receive a majority of
their meals through the meal plan. (a) The circumstances should be fully explored to determine how
to treat meal plans and to determine the scope of the meal plan. Meal plan
structure may vary from institution to institution and the value of a meal plan
may be counted by the number of meals, points, or dollars included. Additional
information may be obtained from the student for clarification when it is
unclear how many meals are received from the meal plan. (b) For example, when a student receives breakfast and lunch
every weekday through their meal plan, that is equivalent to ten meals per
week. While this is two of three daily meals, the county agency would not
consider the student to be receiving the majority of their meals as ten meals
per week is less than the majority of twenty-one total weekly
meals. (2) Students will be considered a
resident of an institution when the majority of their meals are provided
through a meal plan and will be ineligible for SNAP in accordance with rule
5101:4-2-03 of the Administrative Code. (3) Students who are not provided with
the majority of their meals through a meal plan are not considered a resident
of an institution and may be eligible for SNAP when all other eligibility
factors are met.
Last updated October 1, 2024 at 9:32 AM
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Rule 5101:4-6-07 | Food assistance: strikers.
Effective:
September 1, 2023
(A) Who is considered a
striker? (1) Anyone involved in a
strike or concerted stoppage of work by employees (including a stoppage by
reason of the expiration of a collective-bargaining agreement) and any
concerted slowdown or other concerted interruption of operations by
employees. (2) Any employee affected
by a lockout, however, shall not be deemed to be a striker. (3) An individual who
goes on strike but is exempt from work registration requirements on the day
prior to the strike, other than those exempt solely on the grounds of being
employed at the site of the strike, shall not be deemed to be a striker.
Prestrike eligibility shall be determined by considering the day prior to the
strike as the day of application and assuming the strike did not
occur. (4) When a striker
obtains another job working at least thirty hours per week (or receiving weekly
earnings equal to the federal minimum wage multiplied by thirty hours per
week), the individual becomes exempt from work registration but continues to be
considered a striker until a formal, written resignation is submitted to the
first employer. (5) Examples of
nonstrikers who are eligible for participation in the supplemental nutrition
assistance program (SNAP) include, but are not limited to: (a) Employees whose workplace is closed by an employer in order
to resist demands of employees (e.g. a lockout). (b) Employees unable to work as a result of striking employees
(e.g. striking warehouse staff preventing products from being packed for
delivery and, consequently, truck drivers who are not working because there are
no packages to deliver). (c) Employees who are not part of the bargaining unit on strike
not wanting to cross a picket line due to fear of personal injury or
death. (B) How are benefits calculated for an
assistance group with a striking member? Income eligibility at the time of application
shall be determined by comparing the striking member's income on the day
before the strike to the striker's current income and adding the higher of
the two to the current income of nonstriking members during the month of
application. When the assistance group is eligible, the higher income figure
must also be used in determining the assistance group's benefit amount.
Whether the striker's prestrike earnings are used or the current income is
used, the earned income deduction shall be allowed when appropriate. An
assistance group shall not receive an increased allotment as the result of a
decrease in the income of the striking member(s) of the assistance
group. (C) Does a striker have to work
register? Strikers whose assistance groups are eligible to
participate shall be subject to the work registration requirements unless
exempt under rule 5101:4-3-11 of the Administrative Code the day of
application. Strikers subject to work registration and receiving either a local
or state assistance program or SNAP benefits are subject to the employment and
training program unless otherwise exempt from participation.
Last updated September 1, 2023 at 8:56 AM
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Rule 5101:4-6-09 | Food assistance: expedited service.
Effective:
December 1, 2020
This rule provides the income calculation,
certification and verification procedures, the processing standards, and other
special procedures applicable to assistance groups eligible for expedited
service. (A) What is expedited
service? Expedited service means that assistance groups
are determined eligible for benefits within twenty-four hours or seven days
because of the assistance group's circumstances. The county agency's
application procedures shall be designed to identify assistance groups eligible
for expedited service at the time an assistance group applies for assistance. A
receptionist, volunteer, or other employee shall be responsible for screening
all requests for supplemental nutrition assistance program (SNAP) benefits as
they are received or screening individuals when they come into the office to
apply. (B) Who is entitled to twenty-four hour
expedited service processing? All assistance groups whose net income is zero as
calculated in accordance with rule 5101:4-4-31 of the Administrative Code, and
who have liquid resources of one hundred dollars or less shall be certified for
SNAP benefits within twenty-four hours, or when mitigating circumstances occur,
within seventy-two hours. The county agency shall also provide the assistance
group a list of community assistance programs that provide emergency
food. (C) Who is entitled to receive benefits
within seven days? (1) Assistance groups
with less than one hundred fifty dollars in gross monthly income, as calculated
in accordance with rule 5101:4-4-31 of the Administrative Code and who have
liquid resources of one hundred dollars or less. (2) Migrant or seasonal
farm worker assistance groups defined as destitute as described in paragraph
(F) of this rule who have liquid resources of one hundred dollars or
less. (3) Assistance groups
whose combined monthly gross income and liquid resources are less than the
assistance group's monthly rent or mortgage and utilities including
entitlement to a standard utility allowance, as appropriate. (D) What happens when the prescreening
fails to identify an assistance group for expedited benefits? When the prescreening fails to identify an
assistance group as being entitled to expedited service and the county agency
later discovers that the assistance group is entitled to expedited service, the
county agency shall provide expedited service to assistance group from the date
the county agency discovers the assistance group is entitled to expedited
service. (E) When eligible for seven day expedited
service, what happens when the seventh calendar day falls on a Saturday, Sunday
or holiday? When the seventh calendar day falls on a
Saturday, Sunday, or holiday, the county agency shall authorize the SNAP
benefits so the assistance group will receive it no later than the last working
day prior to the expiration of the seven day processing period. (F) What is a destitute migrant or
seasonal farm worker assistance group? Migrant or seasonal farm worker assistance groups
may have little or no income at the time of application and may be in need of
immediate SNAP, even though they receive income at some other time during the
month of application. Migrant or seasonal farm worker assistance groups are
considered destitute when their circumstances are as defined in paragraphs
(G)(1) to (G)(3) of this rule. Assistance groups other than migrant or seasonal
farm worker assistance groups shall not be classified as destitute. (1) Migrant or seasonal
farm worker assistance groups whose only income for the month of application
was from a terminated source are considered destitute and therefore entitled to
expedited service. A migrant or seasonal farm worker's source of income
shall be considered to be the grower for whom the migrant is working at a
particular point in time, and not the crew chief. A migrant or seasonal farm
worker who travels with the same crew chief but moves from one grower to
another is considered to have moved from a terminated source to a new source.
These assistance groups shall be provided expedited service because they may be
without income for some time, and may not be able to wait as long as thirty
days for SNAP. Income is considered from a terminated source when: (a) It was received prior to the date of application;
and (b) It is received monthly or more frequently and will not be
received again from that same source in the month following application;
or (c) It is normally received less often than monthly and will not
be received in the month the next payment from that source is normally
received. (2) Migrant or seasonal
farm worker assistance groups whose only income for the month of application is
from a new source are considered destitute. These assistance groups may expect
to start receiving income from a new job or may have applied for, but have not
yet begun to receive benefits from public assistance, unemployment
compensation, supplemental security income (SSI), social security, or a similar
program. These assistance groups may be totally without income for a number of
weeks before the new income begins and therefore unable to meet their current
food needs. Income is considered from a new source when: (a) Income of more than twenty-five dollars will not be received
from the new source by the tenth calendar day following the date of
application; (b) Income of twenty-five dollars or less that is normally
received monthly or more frequently has not been received from that source
within thirty days prior to the date the application was filed; or (c) Income of twenty-five dollars or less that is normally
received less often than monthly was not received within the last normal
interval between payments. (3) Migrant and seasonal
farm worker assistance groups may receive both income from a terminated source
prior to the date of application and income from a new source after the date of
application. These assistance groups are considered destitute when they receive
no other income in the month of application from the terminated source and do
not receive income of more than twenty-five dollars from the new source by the
tenth calendar day after the date of application. (G) How is eligibility and level of
benefits for destitute migrant and seasonal farm worker assistance groups
determined? (1) Destitute migrant and
seasonal farm worker assistance groups have their eligibility and level of
benefits calculated for the month of application by considering only income
from a terminated source that is received between the first of the month and
the date of application. Any income from a new source that is anticipated after
the day of application is disregarded. (2) Some employers
provide travel advances to cover the travel costs of new employees who must
journey to the location of their new employment. When these payments are
reimbursements, and therefore excluded, travel advances will not affect the
determination of when an assistance group is destitute. However, when the
travel advance is not a reimbursement but is really an advance on future wages
and will be subtracted from wages later earned by the employee, the wage
advance counts as income. Wage advances, whether excluded as reimbursements or
included as income, are not considered when determining if the assistance group
has a new source of income or if the assistance group meets the definition of
destitute. When an assistance group receives a travel advance prior to filing,
income from a travel advance is not considered when determining if a new source
of income was received in the thirty days prior to filing. (3) The procedures for
destitute migrant and seasonal farm worker assistance groups shall apply at
initial application and at recertification, but only for the first month of
each certification period. At recertification, income from a new source shall
be disregarded in the first month of the new certification period when income
of more than twenty-five dollars will not be received from this new source by
the tenth calendar day after the date of the assistance group's normal
issuance cycle. (H) What are the requirements for
verification under expedited service? (1) Identity: The applicant's identity shall be verified
through a collateral contact or readily available documentary evidence at
initial application. Examples of acceptable documentary evidence that the
assistance group may provide include, but are not limited to: a driver's
license, work or school identification or voter registration card. When an
authorized representative applies for the assistance group, the identity of
both the authorized representative and the assistance group name shall be
verified. (2) Social security
number (SSN): Assistance groups entitled to expedited service
will be asked to furnish a SSN for each person applying for benefits or apply
for one for each person applying for benefits before the second full month of
participation. An assistance group member unable to provide the required SSN or
who does not have one prior to the second full month of participation shall be
allowed to continue to participate only when he or she satisfies the good cause
requirement specified in rule 5101:4-3-24 of the Administrative Code. All other
information is not verified prior to expedited certification unless the
processing standards can be met. (3) Other verification
requirements: All reasonable efforts shall be made to verify
within the expedited processing standards the assistance group's
residency, income statements, liquid resources and all other factors required
in rule 5101:4-2-09 of the Administrative Code, through collateral contacts or
readily available documentary evidence. However, benefits shall not be delayed
beyond the expedited service processing standards solely because these factors
have not been verified. (I) What are the work registration
requirements for expedited service processing? The county agency shall register all assistance
group members for work (unless exempt). (J) What happens when verification
requirements are postponed? (1) For an assistance
group applying on or before the fifteenth of the month, the county agency may
postpone verification requirements until the second month of the certification
period. Any postponed verifications must be provided to the county agency
before benefits are issued for the second month, or any subsequent months, of
the certification period. When the verification requirements are postponed the
assistance group will be sent a notice of eligibility advising that no benefits
for the second month will be issued until the postponed verification
requirements are satisfied. When the assistance group does not satisfy the
postponed verification requirements, the county agency does not need to contact
the assistance group again. The assistance group must reapply and satisfy all
verification requirements that were postponed or be certified under normal
processing standards in order to receive SNAP benefits for subsequent
months. (2) For an assistance
group applying after the fifteenth of the month, the county agency may postpone
verification until the third month of participation, when necessary, to meet
the expedited time frame. Upon determination of eligibility for the initial
month and subsequent months the assistance group shall receive a combined
allotment consisting of prorated benefits for the initial month of application
and benefits for the first full month of participation within the expedited
service time frame. When the verification requirements are postponed the
assistance group shall be sent a notice of eligibility advising that no
benefits for the third month will be issued until the postponed verification
requirements are satisfied. When the assistance group does not satisfy the
postponed verification requirements the county agency does not need to contact
the assistance group again. The assistance group must reapply and satisfy all
verification requirements that were postponed or be certified under normal
processing standards in order to receive SNAP benefits for subsequent
months. (K) Is there a limit on the number of
times an assistance group can be certified under the expedited
process? There is no limit to the number of times an
assistance group can be certified under the expedited procedures, so long as
prior to each expedited certification, the assistance group either completes
the verification requirements that were postponed at the last expedited
certification or was certified under normal processing standards since the last
expedited certification. Expedited service provisions do not apply for
recertification (i.e., when the assistance group recertifies before the end of
its current certification period).
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Rule 5101:4-6-11 | Food assistance: determining eligibility of assistance groups with income from self-employment.
Effective:
November 1, 2021
(A) How is self-employment income
determined? (1) Averaging
self-employment income (a) Self-employment income must be averaged over the period the
income is intended to cover, even when the assistance group receives income
from other sources. When the averaged amount does not accurately reflect the
assistance group's actual circumstances because the assistance group has
experienced a substantial increase or decrease in business, the county agency
must calculate the self-employment income on the basis of anticipated, not
prior, earnings. When possible the county agency should secure a copy of the
self-employed individual's tax return. The income listed on the previous
year's tax return should be used to estimate the expected
earnings. The internal revenue service (IRS)
publications: IRS publications 17, "Your Federal Income Tax"; and
334, "Tax Guide for Small Business"; provide detail on how
self-employment income is handled for federal income tax purposes and can be
accessed on the IRS website http://www.irs.gov. (b) When the assistance group's self-employment enterprise
has been in existence for less than a year, the income from the self-employment
enterprise must be averaged over the period of time the business has been in
operation and the monthly amount projected for the coming year. (2) Calculating monthly
self-employment income For the period of time over which
self-employment income is determined the county agency shall: (a) Add all gross self-employment income (either actual or
anticipated as provided in paragraph (A)(1) of this rule) and capital gains (as
provided in paragraph (B)(2) of this rule); then, (b) Exclude the costs of producing the self-employment income (as
determined in paragraph (C) of this rule); and (c) Divide the remaining amount of the self-employment income by
the number of months the income will be averaged. (3) Offsetting farm
income losses When the cost of producing self-employment
income exceeds the income earned from self-employment, those losses shall be
prorated in accordance with paragraph (A)(1) of this rule and then offset
against countable income to the assistance group as follows: (a) Offset farm self-employment income losses first against other
self-employment income. (b) Offset any remaining farm self-employment losses against the
total amount of earned and unearned income after the earned income deduction
has been applied. (B) What are other income producing
categories of self-employment? (1) Income from rental
property (a) Income derived from rental property is considered earned
income for the twenty per cent earned income deduction only when a member of
the assistance group is actively engaged in the management of the property at
least an average of twenty hours per week. Regardless, income from rental
property always has the costs of doing business excluded. (b) When management of the property for at least an average of
twenty hours per week is not met, the net income is considered unearned income
and the earned income deduction is not allowed. (2) Capital
gains (a) The term "capital gains" as used by the internal
revenue service (IRS) describes the handling of the profit from the sale or a
transfer of capital assets used in a self-employment enterprise or securities,
real estate, or other real property held as an investment for a set period of
time. (b) The proceeds from the sale of capital goods or equipment
shall be calculated in the same manner as a capital gain for federal income tax
purposes. Even when only fifty per cent of the proceeds from the sale of
capital goods or equipment is taxed for federal income tax purposes, the county
agency must count the full amount of the capital gain as income for
supplemental nutrition assistance program (SNAP) purposes. (c) For assistance groups whose self-employment income is
calculated on an anticipated (rather than averaged) basis in accordance with
paragraph (A) of this rule, the county agency shall count the amount of the
capital gains the assistance group anticipates receiving during the months the
income is being averaged. (d) Lump sum payments for the sale of property not connected with
a self-employment enterprise will be treated in accordance with rules
5101:4-4-07 and 5101:4-4-13 of the Administrative Code. (C) What business costs are allowed to be
deducted when determining self-employment net income? The assistance group may choose one of the
following two methods: (1) Fifty per cent
standard deduction from gross self-employment income; or (2) Actual deductions
from the gross self-employment income. (a) Allowable costs include but are not limited to: (i) Identifiable costs of
labor; (ii) Stock; (iii) Raw
material; (iv) Seed and
fertilizer; (v) Payments on the
principal of the purchase price of income-producing real estate and capital
assets; (vi) Equipment, machinery
and other durable goods; (vii) Interest paid to
purchase income-producing property; (viii) Insurance
premiums; (ix) Taxes paid on income
producing property; (x) When the assistance
group can document the costs on the portion of a home used in a self-employment
enterprise are separate and identifiable, those costs may be included as costs
of doing business. (xi) The cost of doing
business for boarders who are not included in the assistance group shall be
considered in accordance with rule 5101:4-6-03 of the Administrative
Code. (xii) Business transportation costs. Use actual costs or the
federal or state mileage reimbursement rate, whichever is higher. For example,
when an individual drives to different work locations throughout the work day,
the transportation costs to drive from one work location to the next work
location would be allowable business transportation costs. (b) Unallowable costs include but are not limited
to: (i) Net losses from
previous periods; (ii) Federal, state, and
local income taxes; (iii) Money set aside
for retirement purposes; (iv) Other work-related
personal expenses, such as transportation to and from work. These expenses are
accounted for by the twenty per cent earned income deduction described in rule
5101:4-4-23 of the Administrative Code; and (v)
Depreciation. (D) Are assistance groups with
individuals who are self-employed required to register for work? The receipt of income from self-employment does
not automatically exempt a member from the work registration requirement. The
member must be actively engaged in the enterprise on a day-to-day basis, and
the county agency shall determine that the self-employment enterprise
either: (1) Requires at least
thirty hours of work per week during the period of certification or an average
of thirty hours per week on an annual basis; or (2) When not generating
thirty hours of work a week, is receiving weekly gross earnings at least equal
to the federal minimum wage multiplied by thirty hours. (E) What if a self-employed individual
contracts work out? When the assistance group member hires or
contracts another person or firm to handle the daily activities of the
self-employment, the member will not be considered as self-employed for the
purpose of work registration unless the person continues to work at least
thirty hours per week or receives the equivalent of the federal minimum wage
multiplied by thirty hours from the self-employment business. (F) Can seasonal work exempt an
individual from the work registration requirement? When on an annual basis the seasonal employment
either averages thirty hours of work per week, or produces earnings averaging
at least the federal minimum wage multiplied by thirty hours per week, the
assistance group member engaged is exempt from registering even in non-work
periods. For example, when an individual works a minimum
of one thousand five hundred sixty hours during the season (thirty hours times
fifty-two) or earns the equivalent of this multiplied by the federal minimum
wage, he or she is exempt from work registration even during the off-seasons.
When the annual average does not meet the minimum for exemption, the member
must register for work unless another exemption is met.
Last updated September 9, 2024 at 9:43 AM
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Rule 5101:4-6-13 | Food assistance: determining eligibility of assistance groups with ineligible members.
Effective:
November 1, 2021
When an assistance group member cannot participate
because he or she: has committed an intentional program violation, is a fleeing
felon, is sanctioned in accordance with rule 5101:4-3-11.2 of the
Administrative Code, has a social security number (SSN) disqualification, has
failed to comply with an Ohio works first (OWF) requirement as described in
rule 5101:4-3-09 of the Administrative Code, is an ineligible able-bodied adult
without dependents, is an individual who has self-attested to being convicted
of and is out of compliance with terms of a sentence for crimes described in
rule 5101:4-2-03 of the Administrative Code, or is an ineligible alien, the
eligibility and benefit level of any remaining assistance group members shall
be determined in accordance with the procedures described in this rule. (A) How is the eligibility and benefit
level determined for an assistance group that contains a member who has
committed an intentional program violation, has a fleeing felon
disqualification, has been convicted of and is out of compliance with the terms
of a sentence for crimes described in rule 5101:4-2-03 of the Administrative
Code, or is sanctioned in accordance with rule 5101:4-3-11.2 of the
Administrative Code? (1) The income and
resources of the ineligible member(s) shall count in their entirety and the
entire assistance group's allowable earned income, medical, dependent
care, legally obligated child support, and excess shelter deductions shall
continue to apply to the remaining assistance group members. (2) The ineligible member
shall not be included when determining the assistance group size for the
purposes of: (a) Assigning a benefit level to the assistance
group; (b) Comparing the assistance group's monthly income with the
income eligibility standards; or (c) Applying the standard deduction. (3) A notice of adverse
action is not required when an individual with an intentional program violation
is removed during the certification period as described in rule 5101:6-2-05 of
the Administrative Code. The county agency shall notify the remaining members
of their eligibility at the same time the excluded member is notified of his or
her intentional program violation. (4) A notice of adverse
action shall be sent to the remaining assistance group members when a fleeing
felon or a sanctioned individual is removed during the certification period as
described in rule 5101:6-2-04 of the Administrative Code. (5) No assistance
group's benefit allotment shall be increased as a result of the exclusion
of a member who has committed an intentional program violation, has a fleeing
felon disqualification or is sanctioned. (B) How is the eligibility and benefit
level determined for an assistance group that contains a member who has a SSN
disqualification, is an ineligible able-bodied adult without dependents or is
an ineligible alien as described in rule 5101:4-3-07 of the Administrative
Code? (1) The resources of the
ineligible member shall continue to count in their entirety to the remaining
assistance group members. (2) A pro rata share of
the ineligible member's income shall be counted as income to the remaining
members. This pro rata share is calculated as follows: (a) Subtract the allowable exclusions from the ineligible
member's income; (b) Divide the income evenly among the assistance group members
(including the ineligible member); and (c) Count all but the ineligible member's share as income
for the remaining assistance group members. (3) The county agency
shall not include the resources and income of an ineligible alien's
sponsor and the sponsor's spouse. (4) The twenty per cent
earned income deduction shall apply to the prorated income earned by the
ineligible member that is attributed to the remaining assistance group
members. (5) The portion of the
assistance group's allowable child support payment, shelter and dependent
care expenses that are either paid by or billed to the ineligible members shall
be divided evenly among the assistance group's members including the
ineligible members. All but the ineligible members' share is counted as a
deductible child support payment, shelter or dependent care expense for the
remaining assistance group members. When the assistance group is eligible for
one of the utility allowances the utility allowance shall not be
prorated. (6) The ineligible
members shall not be included when determining the assistance group's size
to: (a) Assign benefit level to the assistance group; (b) Compare the assistance group's monthly income with the
income eligibility standards; or (c) Apply the standard deduction. (7) A notice of adverse
action shall be sent to the remaining assistance group members when a member
described in paragraph (B) of this rule is removed during the certification
period as described in rule 5101:6-2-04 of the Administrative
Code. (C) How is the eligibility and benefit
level determined for an assistance group that contains a member who is
sanctioned under rule 5101:4-3-09 of the Administrative Code? (1) The resources of the
ineligible member shall continue to count in their entirety. (2) A pro rata share of
the ineligible member's income shall be counted as income to the remaining
members. This pro rata share is calculated as follows: (a) Subtract the allowable exclusions from the ineligible
member's income; (b) Divide the income evenly among the assistance group members
(including the ineligible members); and (c) Count all but the ineligible member's share as income
for the remaining assistance group members. (3) The twenty per cent
earned income deduction shall apply to the prorated income earned by such
ineligible members that is attributed to the remaining assistance group
members. (4) The portion of the
assistance group's allowable child support payment, shelter and dependent
care expenses that are either paid by or billed to the ineligible members shall
be divided evenly among the assistance group's members including the
ineligible members. All but the ineligible member's share is counted as a
deductible child support payment, shelter or dependent care expense for the
remaining assistance group members. When the assistance group is eligible for
one of the utility allowances the utility allowance shall not be
prorated. (5) The ineligible
members shall not be included when determining the assistance group's size
to: (a) Assign a benefit level to the assistance group; (b) Compare the assistance group's monthly income with the
income eligibility standards; or (c) Apply the standard deduction. (6) No assistance
group's benefit allotment shall be increased as a result of the exclusion
of one or more assistance group members as described in rule 5101:4-6-16 of the
Administrative Code. (7) A notice of adverse
action shall be sent to the remaining assistance group members when a member as
described in paragraph (C) of this rule is removed during the certification
period as described in rule 5101:6-2-04 of the Administrative
Code.
Last updated November 1, 2021 at 8:37 AM
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Rule 5101:4-6-15 | Food assistance: determining eligibility of an assistance group when other non-assistance group members share the same address.
A non-assistance group member is a member of the
household who is not included in the assistance group such as: an individual
who purchases and prepares separately, a roomer, live-in attendant, boarder, or
an ineligible student. (A) How are the income and resources of
non-assistance group members treated? For all non-assistance group members who are not
specifically mentioned in rule 5101:4-6-13 of the Administrative Code income
and resources of such individuals shall not be considered available to the
assistance group with whom the individual resides. (B) How are cash payments made by a
non-assistance group member to an assistance group member treated? Cash payments from a non-assistance group member
to an assistance group will be considered income under the normal income
standards specified in rule 5101:4-4-19 of the Administrative Code, unless the
non-assistance group member is making a payment directly to the vendor.
Payments made directly to a vendor shall be excluded as income. (C) How are expenses shared between a
non-assistance group member and an assistance group member
treated? (1) When the assistance
group shares deductible expenses with the non-assistance group member, only the
amount actually paid or contributed by the assistance group shall be deducted
as an assistance group expense. (2) When the payments or
contributions cannot be differentiated, the expenses shall be prorated evenly
among the individuals actually paying or contributing to the expense and only
the assistance group's prorated share is deducted. If the assistance group
is eligible for a utility allowance the utility allowance is not
prorated. (3) When the
non-assistance group member and any assistance group member contribute to the
costs of any utility covered under one of the utility allowances as described
in rule 5101:4-4-23 of the Administrative Code the assistance group is entitled
to the full utility allowance. (D) How is the income of an assistance
group member determined when the income is combined with the income of a
non-assistance group member? When the income of one or more assistance group
members and the income of a non-assistance group member are combined, the
income of the assistance group members shall be determined as follows: (1) When the assistance
group member's share can be identified, the county agency shall count that
portion as income; or (2) When the assistance
group member's share cannot be identified, the county agency shall prorate
the income among all those whom it was intended for and only count the
assistance group's prorated share.
Last updated June 1, 2021 at 9:30 AM
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Rule 5101:4-6-16 | Food assistance: reduction of cash assistance benefits due to assistance group's failure to perform a required action.
Effective:
September 1, 2021
(A) When are supplemental nutrition assistance program (SNAP)
benefits not to be increased? The county agency shall not increase the SNAP
allotment as the result of a decrease in Ohio works first (OWF) when the
decrease is due to the failure of an assistance group member to perform a
required action. OWF benefits shall be considered decreased when reduced,
suspended or terminated. (B) What is considered a failure to perform a required
action? (1) Failure to
perform a required action shall be limited to a situation when benefits are
being received and then decreased. The individual must be certified for SNAP
benefits at the time of the failure to perform a required action for this rule
to apply. (2) Failures to
perform a required action include: Ohio works first: (a) Learnfare failure as described in rule 5101:1-3-14 of the
Administrative Code. (b) Intentional violation of program requirements
disqualification as described in rule 5101:1-23-75 of the Administrative
Code. (c) Termination of employment without just cause as described in
rule 5101:1-3-14 of the Administrative Code. (d) Fraud provisions (assistance group ineligibility) as
described in rule 5101:1-23-75 of the Administrative Code. (e) Refusal to accept unconditionally available income as
described in rule 5101:1-3-14 of the Administrative Code. (f) Refusal of a minor parent to reside in an adult-supervised
living arrangement as described in rule 5101:1-3-03 of the Administrative
Code. (g) Failure of a learning, earning and parenting (LEAP)
participant to perform a required action with the high school equivalency
diploma as described in rule 5101:1-23-50 of the Administrative
Code. (h) Imposition of a LEAP sanction (does not apply to situations
where the LEAP bonus is not paid, but no sanction is imposed) as described in
rule 5101:1-23-50 of the Administrative Code. (i) Failure to perform a required action with a provision of the
OWF self-sufficiency contract as described in rule 5101:1-3-14 of the
Administrative Code. (j) Residence fraud as described in rule 5101:1-3-14 of the
Administrative Code, that does not result in a period of ineligibility for SNAP
benefits for the individual(s) who was convicted. (C) How are SNAP benefits affected when there is a penalty in
both SNAP and OWF programs for the same failure to perform a required
action? (1) The appropriate SNAP penalty shall be
applied. (2) After the SNAP penalty is applied
(i.e. individual failing or refusing is removed from the assistance group), the
allotment is calculated based on the new assistance group size and the actual
benefit amount issued by the OWF program, if any. When there is no increase,
the calculated allotment shall be issued. For example, when a penalty occurs in
the OWF program and a penalty is also applied to the SNAP OWF member, the SNAP
allotment is calculated based on a zero OWF grant and one less member in the
assistance group. (3) When the allotment calculation
results in a greater amount of SNAP benefits than the assistance group was
receiving prior to the OWF penalty, the county agency shall issue the SNAP
allotment being issued prior to the month of the OWF penalty. The county agency
shall then subtract the allotment that the assistance group was receiving prior
to the OWF penalty from the newly calculated allotment. This difference is the
amount by which the SNAP benefits cannot increase when other changes occur. The
calculated difference shall continue to be the amount deducted from a newly
calculated allotment when other changes unrelated to the failure to perform a
required action occur for the duration of the penalty. (4) After the SNAP penalty is served, if
there are any remaining months of the OWF penalty to be served, SNAP benefits
shall not be increased during the remaining month(s) of the OWF penalty due to
the decrease in the payments. (D) How are SNAP benefits calculated when there is no penalty in
SNAP for failure to perform a required action but there is a penalty for
OWF? When there is no penalty in SNAP for a failure
to perform a required action with the OWF program, the county agency shall
calculate the SNAP benefits using the OWF benefit amount that would be issued
if no penalty had been imposed. When the OWF benefit amount cannot be
specifically identified, the prohibition on increased SNAP benefits do not
apply. (E) How are SNAP benefits calculated when there is a recoupment
and a reduction of benefits? (1) When an assistance group is subject
to both a recoupment and a reduction for the same act of noncompliance, SNAP
benefits shall be calculated based on the amount of the OWF benefit prior to
recoupment and reduction. (2) Monies that are voluntarily or
involuntarily withheld from OWF, or returned to repay a prior overpayment that
is not considered a failure to complete a required action, shall be handled as
recoupments in accordance with rule 5101:4-4-13 of the Administrative
Code. (F) How long does the prohibition on increasing SNAP benefits
apply? The prohibition on increasing SNAP benefits
applies for no longer than the duration of the decrease in OWF. When the
penalty is still in effect at the end of one year, the county agency shall
review the case to determine if the penalty continues to be appropriate. For
example, when the assistance group is still not receiving OWF after one year,
it may not be appropriate to continue the penalty. Penalties extended beyond
one year shall be reviewed at least annually but may be ended by the county
agency at any time when appropriate. The penalty shall be concurrent with the
reduction in the other assistance program to the extent allowed by normal SNAP
change processing and notice procedures. When the county agency can no longer
determine the amount of the reduction in assistance, the county agency must
document the case accordingly and end the SNAP penalty. (G) What requirements must the county agency meet to comply with
this rule? (1) The county agency shall lift the ban
on increasing SNAP benefits when it becomes aware that the person is ineligible
for OWF during the disqualification period for some other reason. (2) The county agency shall not decrease
or terminate an assistance group's current SNAP allotment when the
assistance group's benefits under another assistance program, other than
OWF, have been decreased due to a failure to perform a required action of that
program. (3) When an individual joins a new
assistance group, the prohibition on increasing SNAP benefits shall be applied
unless that person is ineligible for the assistance program for some other
reason. When an individual moves to a new state, the prohibition on increasing
benefits shall not be applied. (4) The county agency shall restore lost
benefits when necessary in accordance with rule 5101:4-8-03 of the
Administrative Code when it is later determined that the reduction in the OWF
benefit was not appropriate. (5) The county agency shall act on
changes that are not related to the assistance group's violation and that
would affect the assistance group's benefits.
Last updated September 1, 2021 at 8:31 AM
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Rule 5101:4-6-19 | Food assistance: determining eligibility of supplemental security income assistance groups.
Effective:
October 1, 2023
Supplemental security income (SSI) assistance
groups are those in which all members are applicants for, or recipients of SSI
as defined in rule 5101:4-2-03 of the Administrative Code. SSI assistance
groups, who are not certified for supplemental nutrition assistance program
(SNAP) benefits, have not applied for SNAP benefits during the previous thirty
days, and do not have an application for SNAP pending have the option of
applying for SNAP benefits at their local social security administration
district office or at the local county agency. The county agency shall not
require persons potentially eligible for SSI to make application for SSI
benefits as a condition of SNAP eligibility. (A) What are the eligibility standards for SSI assistance
groups? SSI assistance groups applying simultaneously for
SSI and SNAP benefits are subject to SNAP eligibility criteria until the
assistance group is considered categorically eligible. However, when each
assistance group member receives or is authorized to receive Ohio works first
(OWF), SSI, or a temporary assistance to needy families (TANF) funded service,
or any combination of these benefits, the assistance group is categorically
eligible as described in rule 5101:4-2-02 of the Administrative Code. (B) What forms are required for SSI assistance
groups? The following forms are required: (1) JFS 07200,
"Application for Supplemental Nutrition Assistance Program (SNAP), Cash
Assistance, Medical Assistance or Child Care Assistance." (2) JFS 01846,
"Case Worksheet-Cash, Food Stamps, and Medical Assistance Interview"
shall be completed by the social security administration when a telephone
interview is completed. (C) How are applications for individuals
participating in the social security administration's prerelease program
processed? (1) An assistance group
that consists of a resident or residents of a public institution(s) that
applies for SSI under the social security administration's prerelease
program for the institutionalized is allowed to apply for SNAP benefits jointly
with their application for SSI prior to their release from the institution.
These applications will be forwarded to the county agency by the social
security administration. The application used for prerelease applicants will be
the JFS 07200, to be followed by an interactive interview. (2) The county agency is
to make an eligibility determination and issue SNAP benefits to a resident of a
public institution who applies jointly for SSI and SNAP within thirty days
following the date of the applicant's release from the institution.
Expedited processing time standards for an applicant who has applied for SNAP
and SSI prior to release is to begin on the date of the applicant's
release from the institution. In addition, if, for any reason, the county
agency is not notified on a timely basis of an applicant's release date
from a public institution, the county agency is to restore
benefits. (D) What is the social security administration's
responsibility? In accordance with 7 C.F.R. 273.2 (3/2023), the
social security administration is required to: (1) Inform an applicant
for or recipient of social security benefits under Title II of the Social
Security Act of 1935 or SSI of the availability of benefits under the SNAP
program and the availability of a SNAP application at the social security
administration office. (2) Accept all SNAP applications received
at the social security administration office from SSI assistance groups and
forward them within one working day after receipt of a signed application to
the county agency. The social security administration is to also forward to the
county agency a transmittal form. The prerelease applications will be forwarded
to the county agency consistent with the above timeframe. The social security
administration will later notify the county agency of the applicant's
impending release date. Note: counties are required to keep local social
security administration offices supplied with the JFS 07200, and the JFS
01846. (3) Prescreen all applications for
entitlement to expedited services on the day the application is received at the
social security administration and shall mark "Expedited Processing"
on the first page of all applications that appear to be entitled to such
processing. The social security administration will inform assistance groups
that appear to meet the criteria for expedited service that benefits may be
issued a few days sooner if the assistance group applies directly at the county
agency. The assistance group may take the application to the county agency for
screening, an interview, and processing of the application. (4) Send information to SSI assistance
groups redetermined for SSI by mail of their right to file a SNAP application
at the social security administration or at their local SNAP
office. (E) What are the interview requirements
for SSI assistance groups when the interview is completed at the social
security administration? (1) In accordance with 7
C.F.R. 273.2(k), when the social security administration completes an
interactive interview for SNAP on the telephone with a member of an SSI
assistance group, the social security administration is required to complete a
JFS 01846 during the telephone interview. In these cases, the JFS 07200 is
required to be mailed to the claimant for signature and returned to the social
security administration or county agency. The social security administration is
required to forward any SNAP applications it receives to the county agency
within one working day. (2) The social security
administration will provide the county with documentation (i.e., photocopies)
of items that must be verified (e.g., income) if the applicant is in possession
of such documents at the time of the interview. (3) The county agency
shall not require the assistance group to be interviewed again and it shall not
contact the assistance group further in order to obtain additional information
unless: (a) The application is improperly completed; (b) Mandatory verification is missing; or (c) Certain information is questionable. (4) In accordance with
rule 5101:4-2-09 of the Administrative Code, the county agency shall obtain the
needed documentation for verification purposes. County agencies have the option
of verifying SSI benefit payments through the state data exchange (SDX) and the
beneficiary data exchange (BENDEX). For prerelease applications the county
agency should obtain whatever additional information is available from the
social security administration at the time of release or if necessary contact
the applicant/institution to obtain needed information. (F) What is the county agency's responsibility? The county agency shall: (1) In accordance with
rule 5101:4-2-07 of the Administrative Code, the county agency shall conduct an
interactive interview with the applicant upon receipt of a JFS 07200, unless
one was already completed by the social security administration as described in
paragraph (E)(3) of this rule. The county agency shall make an eligibility
determination and issue SNAP benefits to eligible SSI assistance groups within
thirty days following the date the application was received by the social
security administration. Applications shall be considered filed for normal
processing purposes when the signed application is received by the social
security administration. (2) Prescreen all
applications received from the social security administration for entitlement
to expedited service on the day the application is received. All SSI assistance
groups entitled to expedited service shall be certified in accordance with
applicable regulations except that the expedited processing time standard shall
begin on the date the application is received at the correct county agency
office. (3) Restore benefits to
an assistance group that were lost because of an error by the county agency or
by the social security administration through joint processing. Such an error
shall include, but not be limited to, the loss of an applicant's
application after it has been filed with social security administration.
Last updated October 2, 2023 at 8:31 AM
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Rule 5101:4-6-26 | Food assistance: group living arrangements.
Effective:
November 1, 2021
(A) What is a group living
arrangement? A group living arrangement is a public or private
non-profit residential setting that: (1) Provides its
residents with a majority of their meals (over fifty per cent of their meals
daily); (2) Has no more than
sixteen residents; and (3) Is certified by a
public agency of the state of Ohio under section 1616(e) of the Social Security
Act of 1935 (42 U.S.C. 1382e) (12/1999), or under comparable standards
determined by the secretary of the United States department of agriculture
(USDA). (B) What requirements shall a group
living arrangement meet for its residents to be eligible to receive
supplemental nutrition assistance program (SNAP) benefits? (1) Non-profit: the group
living arrangement may be operated by a public agency or private organization
but must be considered non-profit as defined in section 501 of the Internal
Revenue Code (26 U.S.C. 501) (12/2019). (a) The group living arrangement may verify its non-profit status
by verifying that it is authorized by the USDA food and nutrition service (FNS)
to accept SNAP benefits or by providing other documents. (b) The verification of non-profit status may be contained in the
license or certificate issued by the appropriate state agency. Not all group
living arrangements certified or licensed by the state of Ohio are non-profit
organizations. (c) The county agency shall ensure that the group living
arrangement has appropriate non-profit status. (2) Sixteen or fewer
residents: in order to participate in SNAP under this rule, the maximum number
of residents in the group living arrangement shall be sixteen. Not all
residents have to be eligible for SNAP benefits for others to be eligible. For
example: when there are sixteen residents in a group home and ten apply and
only nine are found eligible, the ineligibility of the one person does not
affect the eligibility of the others. (3) Certification and
licensure: the group living arrangement shall be certified or licensed by an
agency of the state of Ohio that is authorized under section 1616(e) of the
Social Security Act of 1935 (42 U.S.C. 1382e), or under standards determined by
the USDA secretary. Section 1616(e) of the Social Security Act (42 U.S.C.
1382e) requires Ohio to designate one or more state agencies with the authority
to set and enforce standards for various types of group living arrangements.
The county agency shall review the license or certificate of the particular
group living arrangement. (C) What state agencies have authority to
certify or license group living arrangements? The designated state agencies, their
responsibilities, and the statutory references are: (1) Ohio department of
mental health - licensing of residential facilities (section 5119.34 of the
Revised Code; Chapter 5122:3-1 of the Administrative Code). (2) Ohio department of
developmental disabilities - licensing of residential facilities for the
mentally retarded and the developmentally disabled (section 5123.19 of the
Revised Code; Chapter 5123:2-3 of the Administrative Code). (3) Ohio department of
aging - certifying adult foster homes for older adults and investigating
complaints of individuals residing in facilities licensed by the Ohio
department of health (Chapter 173. of the Revised Code; agency 173 of the
Administrative Code). (4) Ohio department of
job and family services - licensing of group homes for children (section
5103.03 of the Revised Code; Chapter 5101:2-9 of the Administrative
Code). (D) What type of residents are eligible
to live in a group living arrangement and still be eligible for
benefits? The resident(s) must be blind or disabled as
defined in the definition of "elderly or disabled member" as
described in rule 5101:4-1-03 of the Administrative Code. Aged residents who
are not also blind or disabled are not eligible. (E) How can individuals living in a group
living arrangement apply for benefits? (1) Disabled or blind
residents of a group living arrangement may apply for benefits
through: (a) An authorized representative employed and designated by the
group living arrangement; (b) An authorized representative of their choice; or (c) On their own behalf. (2) The group living
arrangement shall determine when a resident may apply on their own behalf based
on the resident's physical and mental ability. (3) Some residents of the
group living arrangement may apply on their own behalf while other residents of
the same group living arrangement may apply through the group living
arrangement's representative. (F) What must the county agency do before
certifying any individuals residing in a group living arrangement? The county agency shall verify that the group
living arrangement meets the requirements described in paragraph (B) of this
rule. (G) How is assistance group composition
determined for an individual residing in a group living
arrangement? (1) When the residents
apply on their own behalf, the assistance group size must be determined in
accordance with the definition of assistance group in rule 5101:4-2-03 of the
Administrative Code. The county agency must certify these residents using the
same provisions that apply to all other assistance groups. (2) When the residents
apply through the use of the group living arrangement's authorized
representative, their eligibility must be determined as a one-person assistance
group. (H) How can food be purchased in a group
living arrangement setting? (1) When the residents
are certified on their own behalf, the benefits may be returned to the group
living arrangement to be used to purchase meals served communally or
individually to eligible residents or retained and used to purchase and prepare
food for their own consumption. (2) The group living
arrangement may purchase and prepare food to be consumed by eligible residents
on a group basis when the residents normally obtain their meals at a central
location as part of the group living arrangement's service or when meals
are prepared at a central location for delivery to individual
residents. (3) When personalized
meals are prepared and paid for with SNAP benefits, the group living
arrangement must ensure that the resident's benefits are used for meals
intended for that resident. (I) What are the responsibilities of the
group living arrangement facility? The group living arrangement must: (1) Provide a list of
SNAP participants: on a periodic basis as determined by the county agency each
group living arrangement shall provide the county agency with a list of
currently participating residents and include a statement signed by the group
living arrangement official attesting to the validity of the list. (2) Cooperate with
on-site visits: the group living arrangement shall cooperate with the county
agency when conducting periodic random on-site visits to the facility to assure
the accuracy of the list and that the county agency's records are
consistent and up-to-date. The frequency of these visits are determined by the
county agency. During the visit, the county agency may also verify other
information needed to certify the facility's residents. (3) Report when an
assistance group leaves: the group living arrangement shall notify the county
agency when an assistance group has left the group living arrangement and
provide the residents with their electronic benefit transfer (EBT) card within
five days of the assistance group's departure. When the assistance group
has already left the center, the center shall return the EBT card to the county
agency within five calendar days. The assistance group, not the group living
arrangement, shall be allowed to sign for and receive any remaining benefits
authorized. (4) Report changes: when
the resident has made application on their own behalf, the resident is
responsible for reporting changes to the county agency as described in rule
5101:4-7-01 of the Administrative Code. When the group living arrangement is
acting as the authorized representative, the group living arrangement shall
notify the county agency, as described in rule 5101:4-7-01 of the
Administrative Code, of changes in the assistance group's
circumstances. (5) Loss, misuse or
overpayment: the group living arrangement shall be responsible for any
misrepresentation or intentional program violation that it knowingly commits in
the certification of residents. As an authorized representative described in
rule 5101:4-2-05 of the Administrative Code, the group living arrangement must
be knowledgeable about assistance group circumstances and should carefully
review those circumstances with residents prior to applying on their behalf.
The group living arrangement shall be strictly liable for all losses or misuse
of benefits held on behalf of resident assistance groups and for all
overpayments that occur while acting as an authorized representative. However,
the group living arrangement is not responsible for any misrepresentation or
intentional program violation when a resident has made application on their own
behalf. The resident applying on their own behalf shall be responsible for
overpayments as would any other assistance group. (J) What must the group living
arrangement do with the remaining benefits when an assistance group
leaves? (1) When no benefits have
been spent on behalf of the individual assistance group, the facility is to
return the full value of any benefits already debited from the assistance
group's current monthly allotment back into the assistance group's
EBT account at the time the individual leaves the facility. These procedures
are applicable at any time during the month. (2) When the benefits
have already been debited from the EBT account and any portion spent on behalf
of the assistance group, the following procedures are to be followed:
(a) When the benefits have already been issued and the assistance
group leaves the group living arrangement, prior to the sixteenth day of the
month, the facility is to provide the assistance group with one half of its
monthly allotment. (b) When the assistance group leaves on or after the sixteenth
day of the month and benefits have already been debited and used, the
assistance group does not receive any benefits. (3) The group living arrangement shall,
when possible, provide the assistance group with a change report form to report
the change of address and any other change in circumstances after leaving the
group living arrangement. The group living arrangement shall also advise the
assistance group to return the form to the appropriate county agency within the
timeframe outlined in rule 5101:4-7-01 of the Administrative Code. (4) The group living arrangement shall
notify the county agency when the assistance group leaves by sending a
completed JFS 04196, "Food Assistance Change Reporting" to the agency
informing the agency of the assistance group's change in address, new
address when available, and that the group living arrangement is no longer the
assistance group's authorized representative. (5) The group living
arrangement is to return any EBT cards not provided to departing residents at
the end of each month to the county agency. (K) Can a group living arrangement redeem
SNAP benefits? Under the USDA FNS regulations, the only way a
group living arrangement can redeem benefits is when the group living
arrangement is certified as a retail food store. To become an authorized SNAP
retailer the group living arrangement must: (1) Contact USDA FNS to
apply to become a retailer. (2) The group living
arrangement authorized by USDA FNS as a retail food store may be penalized or
disqualified when it is determined administratively or judicially that benefits
were misappropriated or used for purchases that did not contribute to a
certified assistance group's meals. (L) What should a county agency do when
it believes a group living arrangement is inappropriately using
benefits? The county agency shall: (1) Promptly notify USDA
FNS that an organization or institution is misusing benefits in its possession.
However, the county agency shall take no action prior to USDA FNS action
against the organization or institution. (2) When the USDA FNS
disqualifies the group living arrangement as an authorized retail food store,
the county agency shall suspend the authorized representative status for the
same time; but residents applying on their own behalf will still be able to
participate when otherwise eligible. (3) Establish a claim for
overpayment when an overpayment is discovered during an investigation or
hearing procedure for redemption violations in accordance with paragraph (I)(5)
of this rule.
Last updated September 6, 2024 at 8:40 AM
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Rule 5101:4-6-27 | Food assistance: shelters for battered persons and their children.
(A) What requirements must a shelter for
battered persons and their children meet for residents to be eligible for
supplemental nutrition assistance program (SNAP)? The shelter must: (1) Be a public or
private non-profit residential facility; (2) Serve battered
persons and their children; and (3) When the facility
serves other individuals, a portion of the facility must be set aside on a
long-term basis to serve only battered persons and their children. (B) What are the county agency's
responsibilities prior to determining eligibility of an individual in a
shelter? (1) The county agency
shall confirm and document that the shelter meets the requirements described in
paragraph (A) of this rule. (2) Shelters already
authorized by the United States department of agriculture (USDA) food and
nutrition service (FNS) as retailers shall be considered as meeting the
definition and the county agency is not required to make any further
determination. (3) The county agency
shall maintain a list of shelters meeting the definition. (C) Can individuals residing in a
shelter for battered persons and children be certified as separate SNAP
groups? Residents shall be certified as individual
assistance groups rather than considered as part of a single assistance group
consisting of all shelter residents. (D) Can an individual that is currently
on an open SNAP case be certified as a new assistance group when he or she
becomes a resident of a shelter? When an individual becomes a resident of a
shelter and applies for SNAP, the county agency shall: (1) When determining eligibility, verify
whether the individual's open SNAP case was certified with or without the
abuser. (a) Certified with the abuser: shelter residents who are included
in already certified assistance groups may still apply and, when otherwise
eligible, participate in the program and be certified as separate assistance
groups when they were previously certified with the individual who subjected
them to abuse. (b) Certified without the abuser: individuals leaving a certified
assistance group not containing the person who subjected them to abuse are not
allowed to be certified in two assistance groups at one time. They should get
their share of the benefits from the current assistance group. Duplicate
participation is limited to those shelter residents who were forced to leave
their prior place of residence because of the person who abused
them. (2) Take prompt action to
ensure that the former assistance group's eligibility or allotment
reflects the change in the assistance group's composition in accordance
with rule 5101:4-7-01 of the Administrative Code. (3) Issue a notice of
adverse action in accordance with division 5101:6 of the Administrative
Code. (4) In situations where
two or more counties share one shelter, the county agency accepting the
application from the individual shall take action in accordance with rule
5101:4-7-01.1 of the Administrative Code, when necessary. (E) How are income, resources, and
expenses of shelter residents treated? Shelter residents who apply as separate
assistance groups shall be certified solely on the basis of their income,
resources and expenses for which they are responsible. They shall be certified
without regard to the income, resources, and expenses of their former
assistance group. Jointly held resources shall be considered inaccessible in
accordance with rule 5101:4-4-07 of the Administrative Code. Room payments to
the shelter shall be considered as shelter expenses. (F) Can shelter residents receive
expedited service? Shelter residents are entitled to expedited
service when they meet the criteria set forth in rule 5101:4-6-09 of the
Administrative Code. (G) Can a shelter redeem SNAP
benefits? Under the USDA FNS regulations, the only way a
shelter can redeem benefits is when the shelter is classified as a retail food
store. To become an authorized SNAP retailer the shelter must: (1) Be tax exempt as
determined by the internal revenue service; (2) Have a portion of the
facility set aside on a long-term basis to shelter battered persons and their
children when they serve other groups of individuals; (3) Be a residence that
serves meals or provides food to its residents; and (4) Contact USDA FNS to
apply to become a retailer. The shelter authorized by USDA FNS as a retail food
store may be penalized or disqualified when it is determined administratively
or judicially that benefits were misappropriated or used for purchases that did
not contribute to a certified assistance group's meals.
Last updated April 8, 2021 at 12:21 PM
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Rule 5101:4-6-29 | Food assistance: elderly and disabled individuals living with others.
Effective:
October 1, 2023
(A) Can individuals who are elderly and
disabled be certified for supplemental nutrition assistance program (SNAP)
benefits separately from individuals they purchase food and prepare meals
with? (1) Elderly individuals,
age sixty and older, who are disabled as described in paragraph (B) of this
rule may be permitted separate assistance group status when they meet the
following criteria: (a) The income of the individuals with whom the elderly and
disabled individual resides does not exceed one hundred sixty-five per cent of
the poverty level; and (b) The disabled individual is unable to purchase food and
prepare his or her own meals. (2) When an individual
meets these criteria, both the individual with their spouse may be granted
separate assistance group status, even when the spouse does not meet the
criteria. (B) What is the disability criteria to
be certified for SNAP separately? The disability shall be considered permanent
under the Social Security Act of 1935 or be a nondisease-related, severe,
permanent disability. "Disability" as described in this rule is not
the same as "disabled member" as described in rule 5101:4-1-03 of the
Administrative Code. The key factor in determining whether or not the
disability would qualify an individual for separate assistance group status
under this provision is an inability to purchase and prepare meals because of
the disability. (C) How is a disability verified for
separate assistance group status? Disability shall be verified by one of the
following procedures: (1) A county agency shall
use the social security administration's most current list of disabilities
as the initial step for verifying if a person has a permanent disability under
the Social Security Act of 1935. (2) When it is obvious
to the county agency that the person is unable to purchase and prepare meals
because he or she suffers from a severe physical or mental disability, even
when the disability is not specifically mentioned on the Social Security Act
list, additional verification is not needed and the nature of the disability
shall be documented in the case file. (3) When the disability
is not obvious to the county agency, the person shall be required to provide a
statement from a physician or licensed or certified psychologist certifying
that the person is unable to purchase and prepare meals because he or she
suffers from one of the non obvious disabilities mentioned in the Social
Security Act list or from some other severe, permanent physical or mental
disease or nondisease-related disability. (D) How is the income of the other
individuals in the home determined? (1) After an elderly
individual has been determined disabled in accordance with this rule, the
following must occur: (a) The gross income of the others with whom the individual
resides must be considered, as if the others were applying for
SNAP; (b) The gross monthly income of the others are to be
compared to the one hundred sixty-five per cent of the federal poverty level
for that assistance group size; and (c) The income of the individual who is elderly and
disabled and their spouse shall not be included in the calculation, nor are the
elderly and disabled individual and their spouse to be considered assistance
group members for this purpose. (2) The elderly and disabled individuals
who wish to be a separate assistance group shall be responsible for obtaining
the cooperation of the individuals with whom they reside in providing necessary
income information to the county agency. (3) Income of the others with whom the
elderly and disabled individuals live shall be verified as if the others were
also applying for program participation, as discussed in rule 5101:4-2-09 of
the Administrative Code. (E) Are shared expenses
prorated? Once separate assistance group status has been
established, county agencies shall prorate any expenses shared by the elderly
and disabled individual's assistance group and the others with whom the
elderly and disabled assistance group resides. When the assistance group is
eligible for one of the utility allowances, the utility allowance shall not be
prorated.
Last updated October 2, 2023 at 8:32 AM
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Rule 5101:4-6-31 | Food assistance: sponsored aliens.
This rule sets forth who is a sponsored alien, when
a sponsor's income and resources are counted to determine eligibility and
the county agency's responsibilities. (A) Who is a sponsored
alien? A sponsored alien is an alien for whom a person
(the sponsor) has executed an affidavit of support (INS form I-864 or I-864A)
(10/2019) with the United States citizenship and immigration services (USCIS)
on behalf of the alien pursuant to section 213A of the Immigration and
Nationality Act of 1952. (B) When is the income and resources of
the alien's sponsor and sponsor's spouse counted? The county agency must attribute a portion of the
sponsor and sponsor's spouse's income and resources until the alien
gains U.S. citizenship, has worked or can receive credit for forty qualifying
quarters of work as described in rule 5101:4-3-07 of the Administrative Code,
or the sponsor dies. (C) What portion of the sponsor and
sponsor's spouse's income is attributed to the sponsored
alien? (1) A portion of the
sponsor and sponsor's spouse's monthly income shall be counted as
unearned income to the sponsored alien's assistance group. The monthly
income of the sponsor and the sponsor's spouse shall be determined in
accordance with rules 5101:4-4-19 and 5101:4-4-13 of the Administrative Code at
the time the assistance group containing the sponsored alien applies or is
recertified minus the deductions listed as follows: The county agency shall: (a) Apply the twenty per cent earned income deduction to the
earned income of the sponsor and the sponsor's spouse; and (b) Subtract an amount equal to the monthly gross income standard
for an assistance group equal in size to the sponsor, the sponsor's
spouse, and any other person who is claimed or who could be claimed by the
sponsor or the sponsor's spouse as a dependent for federal income tax
purposes. (2) The county agency
shall consider as income to the alien any money the sponsor or the
sponsor's spouse pays to the eligible sponsored alien, but only to the
extent the money exceeds the amount attributed to the sponsored alien in
accordance with paragraph (C)(1) of this rule. (3) When the alien has
already reported gross income information for his or her sponsor in compliance
with Ohio works first (OWF) sponsored alien rule 5101:1-2-35 of the
Administrative Code, the county agency may use that income amount for the
supplemental nutrition assistance program (SNAP). (D) What portion of the sponsor and
sponsor's spouse's resources are attributed to the sponsored
alien? The county agency must attribute the total amount
of the resources of the sponsor and the sponsor's spouse as determined in
rule 5101:4-4-01 of the Administrative Code reduced by fifteen hundred
dollars. (E) How are the income and resources of
the sponsor and sponsor's spouse attributed when he or she sponsors
multiple aliens? When a sponsored alien can demonstrate to the
county agency's satisfaction that his or her sponsor is the sponsor of
other aliens, the county agency shall divide the income and resources
attributed under paragraphs (C) and (D) of this rule by the number of such
sponsored aliens. (F) When are the sponsor and
sponsor's spouse's income and resources not attributed to the
sponsored alien? The county agency shall not attribute a portion
of a sponsor and sponsor's spouse's income or resources when the
sponsored alien is: (1) An alien who is a
member of his or her sponsor's assistance group. (2) An alien who is
sponsored by an organization or group as opposed to an individual. (3) An alien who is not
required to have a sponsor under the Immigration and Nationality Act, such as a
refugee, a parolee, an asylee, or a Cuban or Haitian entrant. (4) An ineligible alien
as described in rule 5101:4-3-07 of the Administrative Code. (5) An indigent alien
that the county agency has determined is unable to obtain food and shelter
taking into account the alien's own income plus any cash, food, housing,
or other assistance provided by other individuals, including the
sponsor(s). (a) For purposes of this paragraph, the phrase "is unable to
obtain food and shelter" means that the sum of the eligible sponsored
alien's assistance group's own income, the cash contributions of the
sponsor and others, and the value of any in-kind assistance the sponsor and
others provide, does not exceed one hundred thirty per cent of the federal
poverty income guideline for the assistance group's size. In accordance
with rule 5101:4-4-11 of the Administrative Code, the one hundred thirty per
cent of the federal poverty income guideline amounts are issued through a food
assistance change transmittal and adjusted annually. (b) The county agency must determine the amount of income and
other assistance provided in the month of application. When the alien is
indigent, the only amount that the county agency shall attribute to such an
alien will be the amount actually provided for a period beginning on the date
of such determination and ending twelve months after such date. Each indigence
determination is renewable for additional twelve-month periods. (6) A battered alien
spouse, alien parent of a battered child, or child of a battered alien, for
twelve months after the county agency determines that the battering is
substantially connected to the need for benefits, and the battered individual
does not live with the batterer. After twelve months, the county agency shall
not attribute the batterer's income and resources when the battery is
recognized by a court or the USCIS and has a substantial connection to the need
for benefits (for guidance, see the department of justice interim guidance
published on November 17, 1997 (62 C.F.R. 61344)), and the alien does not live
with the batterer. (7) A child who is under
eighteen years of age. (G) What are the responsibilities of the
sponsored alien? (1) Obtaining the
cooperation of the sponsor and sponsor's spouse and for providing the
county agency at the time of application and reapplication with the information
and documentation necessary to calculate deemed income and
resources. (2) Providing the names
and other identifying factors of other aliens for whom the alien's sponsor
has signed an affidavit of support. The county agency shall attribute the
entire amount of income and resources to the sponsored alien until he/she
provides the information in this paragraph. (3) Reporting the
required information about the sponsor and sponsor's spouse should the
alien obtain a different sponsor during the certification period and for
reporting a change in income should the sponsor or the sponsor's spouse
change, lose employment or die during the certification period. Such changes
shall be handled in accordance with timeliness standards and procedures
described in rule 5101:4-7-01 of the Administrative Code. (H) What are the responsibilities of the
county agency? (1) The county agency
shall notify the state agency when it determines a sponsored alien is indigent,
including the names of the sponsor and sponsored alien involved, so the
information can be forwarded to the attorney general. (2) The county agency
shall exclude any sponsor who is participating in SNAP from any demand for
restitution as set forth in 8 C.F.R. 213a.4(a) (8/2011) for the value of SNAP
benefits issued to an eligible sponsored alien he or she sponsors. (I) What happens when the sponsored alien
does not cooperate with providing necessary information and
verifications? (1) Until the sponsored
alien provides information or verification necessary to carry out the
provisions of this rule and meets the provisions described in rule 5101:4-2-01
of the Administrative Code, the sponsored alien is ineligible. The county
agency shall determine the eligibility of any remaining assistance group
members. The county agency shall consider the income and resources of the
ineligible alien (excluding the income and resources of the alien's
sponsor and the sponsor's spouse) in determining the eligibility and
benefit level of the remaining assistance group members. (2) When the county
agency subsequently receives the information or verification, it shall act on
the information as a reported change to the assistance group members in
accordance with the provisions of rule 5101:4-7-01 of the Administrative
Code. (3) When the same
sponsor is responsible for the entire assistance group, the entire assistance
group is ineligible until such time as the assistance group provides the needed
sponsor information or verification. The county agency shall assist aliens in
obtaining verification in accordance with the provisions of rule 5101:4-2-09 of
the Administrative Code.
Last updated June 1, 2021 at 9:31 AM
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Rule 5101:4-6-32 | Food Assistance: substantial lottery and gambling winnings.
Supplemental nutrition assistance program (SNAP)
assistance groups that include any member that receives substantial lottery or
gambling winnings, as defined in rule 5101:4-1-03 of the Administrative Code,
during their certification period are ineligible for SNAP. (A) What are the responsibilities of an
assistance group when any member receives substantial lottery or gambling
winnings? The assistance group is to report to the county
agency the receipt of substantial lottery or gambling winnings in accordance
with the reporting requirements and time frames outlined in rule 5101:4-7-01 of
the Administrative Code. (B) What are the responsibilities of the
county agency when any assistance group member receives substantial lottery or
gambling winnings? The county agency is to: (1) Consider only the
portion of the winnings allocated to the member of the assistance group when
multiple individuals share in the purchase of a ticket, hand, or a similar
bet; (2) Follow the procedures
described in rule 5101:4-7-01 of the Administrative Code to clarify information
that is obtained from a match or a source other than the individual, or when
the information obtained from the individual is incomplete or otherwise
questionable; (3) Disqualify the entire
assistance group and discontinue benefits; and (4) Send a notice of
adverse action in accordance with Chapter 5101:6:2 of the Administrative
Code. (C) How is eligibility regained when
there has been a disqualification for substantial lottery or gambling
winnings? (1) When there have not
been changes to the assistance group composition subsequent to a
disqualification for substantial lottery or gambling winnings the assistance
group may reapply at any time. In order to end the disqualification and regain
eligibility the assistance group is to: (a) Complete the application process as defined in rule
5101:4-2-01 of the Administrative Code; (b) Have eligibility determined without waiving the income
and resource eligibility factors in accordance with rule 5101:4-2-02 of the
Administrative Code; and (c) Have not improperly transferred resources for the
purpose of qualifying or attempting to qualify for SNAP as described in rule
5101:4-4-09 of the Administrative Code; or (2) When there have been
changes to the assistance group composition subsequent to a disqualification
for substantial lottery or gambling winnings, all assistance group members may
regain eligibility when the assistance group requests benefits and when all
eligibility factors have been met; or (3) When at least one of
the originally discontinued assistance group members has regained eligibility
and then the original assistance group requests benefits together, the
disqualification is to be ended and the assistance group may regain eligibility
when all eligibility factors have been met.
Last updated April 8, 2021 at 1:26 PM
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