Chapter 5101:4-7 | Changes During the Certification Period; Income Eligibility Verification System (IEVS); Systematic Alien Verification for Entitlements (SAVE)

Rule 5101:4-7-01 | Food assistance: reporting requirements during the certification period.

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

(A) What is a reporting requirement?

Every assistance group receiving benefits is to report certain changes that affect eligibility. Reporting requirements ensure an accurate benefit amount is received and that only assistance groups who remain eligible continue to receive benefits.

(B) What are the requirements for reporting changes?

(1) Assistance groups that are determined eligible with their gross monthly income at or below one hundred thirty per cent of the monthly poverty income guideline for their assistance group size are to report when their gross income exceeds one hundred thirty per cent of the monthly poverty income guideline for their assistance group size within ten days following the end of the month in which the change first occurred;

(2) Assistance groups that are determined eligible with their gross monthly income above one hundred thirty per cent of the monthly poverty income guideline for their assistance group size, who are eligible because of notification of the Ohio careline services as outlined in rule 5101:4-2-02 of the Administrative Code, are to report when their gross income exceeds two hundred per cent of the monthly poverty income guidelines for their assistance group size within ten days following the end of the month in which the change first occurred;

(3) Able-bodied adults without dependents subject to the work requirements and time limit described in rule 5101:4-3-20 of the Administrative Code are to report any changes in work hours that bring an individual below twenty hours per week or eighty hours per month, as defined in rule 5101:4-3-20 of the Administrative Code, within ten days following the end of the month in which the change first occurred;

(4) Assistance groups are to report when any member of their assistance group wins substantial lottery or gambling winnings as defined in rule 5101:4-1-03 of the Administrative Code within ten days following the end of the month in which the change first occurred;

(5) All assistance groups are to submit an interim report prior to the end of the sixth month of a twelve month certification period as defined in paragraph (H) of this rule. Assistance groups certified six months or less, do not have to submit an interim report; and

(6) Elderly or disabled assistance groups (ED AG) certified for thirty-six months as described in rule 5101:4-5-03 of the Administrative Code do not have to submit an interim report. However, when there is a case change processed in accordance with paragraph (I) of this rule and they are no longer an ED AG, the assistance group is to submit an interim report every six months in accordance with paragraph (H) of this rule.

(C) How are changes reported?

The assistance group may report changes as follows:

(1) By returning a JFS 04196, "Food Assistance Change Reporting." The county agency is to pay the postage for return of the form.

(2) In person, electronically or over the telephone. The county agency is to use discretion in determining when further verification is necessary. These changes are to be acted on in the same manner as those reported on a change report form.

(D) When is the county agency to provide a change report form?

A change report form is to be provided to assistance groups at application, recertification upon request, and whenever the assistance group returns a change report form. The county agency can provide the form more often at its option.

(E) How does an assistance group know their reporting requirements?

Assistance groups will be advised of their reporting requirements on the notice of approval and/or notice of change at application, recertification or any time a change occurs and is reported.

(F) What is an applicant to report during the application process?

(1) Once the applicant submits an application, the applicant is to report any changes in the information on the application at the certification interview.

(2) The applicant is to report all changes that occur after the certification interview but before receiving the notice of their eligibility, within ten days of the receipt of the notice.

(G) What are the reporting requirements when the application was taken at the local social security administration?

The county agency is to not impose any additional reporting requirements other than those listed in paragraph (B) of this rule. Assistance groups whose applications were taken by the social security administration are to report all changes to the county department of job and family services.

(H) What is the interim report and how is it processed?

Assistance groups assigned a twelve month certification period or that have been assigned a thirty-six month certification period but are no longer an ED AG as described in rule 5101:4-5-03 of the Administrative Code are to sign, complete, and submit a JFS 07221 "SNAP Assistance Interim Report" or a JFS 07223 "SNAP Interim Report Reminder Notice." The signature may be handwritten or electronic as described in rule 5101:4-2-01 of the Administrative Code. The interim report will provide the county agency with updated information on the assistance group's circumstances.

(1) A JFS 07221 will be sent to the assistance group during:

(a) The fifth month of a twelve month certification period; or

(b) Month five, eleven, seventeen, twenty-three, and twenty-nine for assistance groups that are no longer ED AG unless there is less than six months in the certification period.

(2) When the county agency does not receive the completed interim report by the fifteenth day of the month that the interim report was issued a JFS 07223 is to be sent to the assistance group.

(3) The assistance group is to return the completed interim report or reminder notice to the county agency prior to the end of the month that the interim report was issued.

(4) The county agency is to propose termination of benefits for any assistance group who fails to return a signed and completed interim report or reminder notice by the end of the month following the month that the interim report was issued.

(5) When the assistance group fails to provide sufficient information or verification regarding a deductible expense indicated on the interim report, the county agency is not to terminate the assistance group, but instead is to determine the assistance group's supplemental nutrition assistance program (SNAP) benefits without regard to that deduction.

(6) The county agency is to reinstate benefits without a new application for any assistance group whose benefits have been terminated in accordance with paragraph (H)(4) of this rule when the county agency receives the interim report or reminder notice within thirty days of the closure date. The assistance group's benefits are to be prorated beginning the day the report or reminder notice was returned.

(I) How does the county agency process changes?

(1) The county agency is to take action within ten days on all reported changes to determine when the change affects the assistance group's ongoing eligibility or allotment. Reported changes include changes reported by the assistance group, changes considered verified upon receipt, and changes known to the county agency. Even when there is no change in the allotment, the county agency is to document the reported change in the case file, provide another change report form to the assistance group, and notify the assistance group of the receipt of the change report. When the reported change affects the assistance group's eligibility or level of benefits the adjustment is to also be reported to the assistance group.

(2) The county agency is to also advise the assistance group of additional verification requirements, when any, and state that failure to provide verification is to result in the reduction or termination of benefits.

(3) The county agency is to document the date a change is reported, which is to be the date the county agency receives a report form or is advised of the change over the telephone, electronically or by a personal visit.

(4) Restoration of lost benefits are to be provided to any assistance group when the county agency fails to take action on a change that increases benefits within the time limits specified in paragraph (K)(3) of this rule.

(J) What are the verification requirements for changes?

(1) Changes reported during the certification period are subject to the verification procedures described in rule 5101:4-2-09 of the Administrative Code. The county agency is to verify changes that result in an increase in an assistance group's benefits prior to taking action on these changes.

(2) The assistance group is to be allowed ten days to provide any mandatory verification. When the assistance group provides verification within this period, the county agency is to take action on the changes within the time periods described in paragraph (K)(3) or (K)(4) of this rule. The time periods are to begin from the date the change is reported, not from the date of verification.

(3) When the assistance group fails to provide the required verification within ten days after the request date but does provide the verification at a later date, the time periods are to begin from the date verification is provided rather than from the date the change is reported.

(4) In cases where the county agency has determined that an assistance group has refused to cooperate, the county agency is to terminate the assistance group's eligibility after issuing the notice of adverse action as described in rule 5101:6-2-04 of the Administrative Code.

(5) During the certification period, the county agency may obtain information about changes in an assistance group's circumstances from which the county agency cannot readily determine the effect of the change on the assistance group's continued eligibility for SNAP, or in certain cases, the benefit amount. The county agency may receive unclear information from a third party or from the assistance group itself. Unclear information is information that is not verified, or information that is verified but the county agency needs additional information to act on the change.

(a) The county agency is to verify the assistance group's circumstances by sending the assistance group a JFS 07105 "Verification Request Checklist" or its computer-generated equivalent. The JFS 07105 is to clearly advise the assistance group of the verification it is to provide or the actions it is to take to clarify its circumstances, notify the assistance group that it has at least ten days to respond and state the consequences when the assistance group fails to respond. The county agency is to follow the procedures set forth in rule 5101:4-2-09 of the Administrative Code to verify unclear information received during the certification period.

(b) When the assistance group responds to the JFS 07105 and provides sufficient information, the county agency is to act on the new circumstances in accordance with paragraph (K) of this rule.

(c) When the assistance group does not respond to the JFS 07105, does respond but refuses to provide sufficient information to verify its circumstances, or the county agency is unable to obtain the necessary information by contacting the assistance group as identified in paragraph (J)(5) of this rule, the county agency is to propose termination of the SNAP benefits and a notice of adverse action is to be issued in accordance with rule 5101:6-2-04 of the Administrative Code.

(6) During the certification period, the county agency may obtain information from a prisoner verification system or a deceased matching system that may affect an assistance group's circumstances or benefit amount.

(a) When the unclear information received is a data match from a prisoner verification system or a deceased matching system, the county agency is to send the assistance group a JFS 07105 or the electronic equivalent. The JFS 07105 is to clearly advise the assistance group of the match results and the verification it is to provide or the actions it is to take to clarify its circumstances, notify the assistance group that it has at least ten days to respond and state the consequences when the assistance group fails to respond.

(b) When the assistance group fails to respond to the request or does respond but refuses to provide sufficient information to clarify its circumstances, the county agency is to remove the individual subject to the match and the individual's income from the assistance group and adjust benefits accordingly. The county agency is to issue a notice of adverse action in accordance with rules 5101:6-2-04 and 5101:6-2-05 of the Administrative Code.

(K) What are the timeframes in which the county agency is to act on a change?

(1) Changes in income: When an assistance group reports a change in income, and the new circumstance is expected to continue for at least one month beyond the month in which the change is reported, the county agency is to act on the change in accordance with paragraphs (K)(3) and (K)(4) of this rule.

(2) Changes in medical expenses: During the certification period the county agency is to not act on changes in the medical expenses that it learns of from a source other than the assistance group and that, in order to take action, require the county agency to contact the assistance group for verification. The county agency is to only act on those changes in medical expenses that it learns about from a source other than the assistance group when those changes are verified upon receipt and do not necessitate contact with the assistance group.

(3) Changes that increase benefits:

For changes that result in an increase in benefits, the county agency is to make the change effective no later than the first allotment issued ten days after the date the change was reported to the county agency, unless reported after the twentieth of the month. In no event are these changes to take effect any later than the month following the month in which the change is reported. Therefore, when the change is reported after the twentieth of a month and it is too late for the county agency to adjust the following month's allotment, the county agency is to authorize supplemental benefits by the tenth calendar day of the following month, or the assistance group's normal issuance cycle in that month, whichever is later.

(a) For example, an assistance group reporting a one hundred dollar decrease in income any time during May would have its June allotment increased. When the assistance group reports the change after the twentieth of May and it was too late for the county agency to adjust the allotment normally issued on June first, the county agency would authorize a supplement for the amount of the increase by June tenth.

(b) Exception: An assistance group reporting the theft of income normally received during the month is not entitled to additional SNAP benefits. It is the responsibility of the provider of the income to make whatever restitution that may be appropriate. The loss is not deducted from income to the assistance group nor is it counted as income when and/or when it is replaced.

(4) Changes that decrease benefits:

When the assistance group's benefit level decreases or the assistance group becomes ineligible as a result of the change, the county agency is to issue a notice of adverse action within ten days of the date the change was reported unless one of the exceptions to the notice of adverse action in rule 5101:6-2-05 of the Administrative Code applies. When a notice of adverse action is used the decrease in the benefit level is to be made effective with the allotment for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested. When a notice of adverse action is not used due to one of the exceptions of rule 5101:6-2-05 of the Administrative Code, the decrease is to be made effective no later than the month following the change.

(L) When should a county agency reinstate benefits without a new application?

The county agency is to reinstate an assistance group's benefits without a new application when the assistance group returns requested mandatory verifications or takes a required action within thirty days after the SNAP closure date. Benefits are to be prorated from the date the verifications are returned or the required action was taken, following the procedure set forth in rule 5101:4-4-27 of the Administrative Code. However, when the eligibility factor is met or the required action is taken in the last month of the certification period or outside of a certification period, benefits cannot be reinstated. The assistance group is to complete a recertification.

(M) What happens when a county agency discovers an assistance group failed to report a change?

When the county agency discovers that the assistance group failed to report a required change and, as a result, received benefits to which it was not entitled, the county agency is to file a claim against the assistance group as set forth in rule 5101:4-8-15 of the Administrative Code. When the discovery is made within the certification period, the assistance group is entitled to a notice of adverse action when its benefits are reduced or terminated. An assistance group is to not be held liable for a claim because of a change in assistance group circumstances that it is not required to report.

(N) What happens when a county agency learns that an assistance group has (or may have) moved?

(1) When the assistance group has or may have moved outside the county or county collaboration where it is currently participating, the county agency where the participant is currently participating is to follow the procedures described in rule 5101:4-7-01.1 of the Administrative Code.

(2) When the assistance group has had a change of address the county agency is to provide the assistance group with the JFS 07217, "Voter Registration Notice of Rights and Declination" and JFS 07200-VR, "Voter Registration Form" (for requirements and procedures of the National Voter Registration Act of 1993 refer to rule 5101:1-2-15 of the Administrative Code).

(3) All other changes of residence is to be verified in accordance with this rule.

Last updated October 1, 2024 at 9:33 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 4/1/2026
Prior Effective Dates: 4/1/1981, 6/18/1981, 9/27/1982, 10/1/1986, 10/1/1990, 10/13/1995, 8/1/1998, 5/1/2015

Rule 5101:4-7-01.1 | Inter-county transfer.

• Effective: February 1, 2021
• Promulgated Under: 111.15

This rule describes the procedures that a county agency must follow when it discovers that the county of residence for a supplemental nutrition assistance program (SNAP) assistance group has changed during the certification period.

(A) What is the transfer procedure when an assistance group reports a change in their county of residence?

(1) When the information is reported to the county agency that serves the county where the assistance group is currently participating, within twenty-four hours the county agency shall:

(a) Document the change within the case record and the date the change became known;

(b) Notify the county agency that serves the county in which the resident has moved to of the assistance group's change in residence and any additional information reported by the assistance group; and

(c) Transfer the case within the statewide automated eligibility system to the county agency that serves the county in which the resident has moved and follow the procedures outlined in paragraph (C)(2) of this rule.

(2) When the information is reported to a county agency other than the one where the assistance group is currently participating, within twenty-four hours the county agency shall:

(a) Document the change within the case record and the date the change became known; and

(b) Notify the county agency where the assistance group is currently participating of the change in residence. Upon receiving the notification, the county agency where the assistance group is currently participating shall act in accordance with paragraph (A)(1) of this rule.

(B) What is the transfer procedure when a county agency obtains information that a SNAP assistance group has changed its county of residence, but the change cannot be readily verified?

(1) When the county agency that obtained the information is also where the assistance group is currently participating, the county agency shall verify the potential change in circumstance in accordance with paragraph (J)(5) of rule 5101:4-7-01 of the Administrative Code.

(2) When the county agency that obtained the information is not where the assistance group is currently participating, the county agency shall, within twenty-four hours of obtaining the information:

(a) Document the alleged change within the case record and the date the potential change became known; and

(b) Notify the county agency where the assistance group is currently participating of the potential change in residence. Upon receiving the notification, the county agency where the assistance group is currently participating shall verify the potential change in circumstance in accordance with paragraph (J)(5) of rule 5101:4-7-01 of the Administrative Code.

(C) What is the transfer procedure once a change in a SNAP assistance group's county of residence has been verified?

(1) Within twenty-four hours of verifying the information, the county agency that verified the change shall cause the case to be transferred to the new county of residence in the statewide automated eligibility system.

(2) When a case is transferred, the county agency where the assistance group is currently participating shall within twenty-four hours:

(a) Take all necessary steps within the statewide eligibility system to ensure that the case may be immediately acted upon by the receiving county agency;

(b) Update the electronic document management system with the eligibility determination documentation or documents submitted by the assistance group that have not been acted upon;

(c) Transfer any hard-copy records to the new county as soon as possible but no later than five business days from the date the county agency becomes aware of the residence change;

(d) Notify the new residential county when a hard copy record is being transferred; and

(e) Note actions taken in the case record.

(3) If potential changes in income, expenses, employment, or household composition as a result of the change in residence have not been verified, the county agency where the assistance group moved to shall verify the potential change in circumstance in accordance with paragraph (J)(5) of rule 5101:4-7-01 of the Administrative Code.

Last updated August 9, 2024 at 8:01 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54, 329.40
Five Year Review Date: 2/1/2025
Prior Effective Dates: 5/1/2015

Rule 5101:4-7-03 | Food assistance: Mass change during the certification period.

• Effective: February 1, 2021
• Promulgated Under: 111.15

What is a mass change?

A mass change is initiated by the state or federal government that may affect the entire caseload or significant portions of the caseload. These changes include, but are not limited to, adjustments to the income eligibility standards, the shelter and dependent care deduction, the maximum supplemental nutrition assistance program (SNAP) allotment, and the standard deduction; annual and seasonal adjustments to the state's utility standards; periodic cost-of-living adjustments to retirement, survivors, and disability insurance (RSDI), supplemental security income (SSI), and other federal benefits; periodic adjustments to Ohio works first (OWF) ; and other changes in the eligibility and benefit criteria based on legislative or regulatory changes. Federal adjustments to the eligibility standards, allotments and deductions, and state adjustments to utility standard shall go into effect for all assistance groups at a specific point in time. State annual adjustments of the utility standards shall go into effect for all affected assistance groups at the same time.

(A) What are the notice requirements for a mass change?

County agencies shall publicize these mass changes through the news media, through posters in certification offices, issuance locations, or other sites frequented by certified assistance groups, or through general notices mailed to assistance groups. The county agency shall notify adversely affected assistance groups of these mass changes in accordance with Chapter 5101:6-2 of the Administrative Code. In addition, any assistance group whose certification period overlaps an annual adjustment in the utility standard shall be advised at the time of initial certification of when the adjustment will occur and what the variation in the benefit level will be, if known.

(B) What are the requirements for mass changes on public assistance cases?

When the state agency makes an overall adjustment to public assistance payments, corresponding adjustments in the assistance group's SNAP benefits shall be handled as a mass change.

(1) More than thirty days advance knowledge

When the county agency has at least thirty days advance knowledge of the amount of the public assistance adjustment, the county agency shall recompute SNAP benefits to be effective in the same month as the public assistance change.

(2) Less than thirty days advance knowledge

When the county agency does not have sufficient notice, the change in SNAP benefits shall be effective no later than the month following the month in which the public assistance change was made.

(C) What are the mass change requirements for federal benefits?

The county agency shall establish procedures for making mass changes to reflect cost-of-living adjustments in benefits and any other mass changes under RSDI, SSI, and other programs such as veterans' assistance under Title 38 of the United States Code, (3/2011) and the black lung program, where information on cost-of-living adjustments is readily available and is applicable to all or a majority of those programs' beneficiaries.

(D) What is an assistance group's responsibility for reporting a change made in accordance with this rule?

Assistance groups shall not be responsible for reporting these changes. The county agency shall be responsible for automatically adjusting an assistance group's SNAP benefit level. These changes shall be reflected no later than the second allotment issued after the month in which the change becomes effective.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04,329.042,5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 11/1/1985 (Emer.), 11/15/1986, 8/1/1995 (Emer.)

Rule 5101:4-7-07 | Food assistance: recertification.

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

(A) What is the recertification process?

(1) In accordance with rule 5101:4-5-03 of the Administrative Code, all supplemental nutrition assistance program (SNAP) assistance groups are assigned a certification period for which they are eligible. An assistance group may not participate beyond the expiration of its assigned certification period without a determination of eligibility for a new period. Assistance groups must apply for recertification and comply with interview and verification requirements.

(2) The county agency shall collect sufficient information and necessary verifications to ensure an accurate determination of eligibility and benefits as described in rule 5101:4-2-09 of the Administrative Code.

(3) Assistance groups are to receive the statewide automated eligibility system generated approval that contains websites that provide employment and training services when the assistance group:

(a) Contains a member that is subject to the work requirements;

(b) Contains at least one adult member;

(c) Contains no elderly or disabled members; and

(d) Has no earned income.

(4) Assistance groups are to receive a written notice and an oral explanation of the specific work requirements each assistance group member is subject to in accordance with rule 5101:4-2-07 of the Administrative Code.

(5) The recertification process shall only be utilized for an assistance group that applies for recertification prior to the end of its current certification period, except for delayed applications as specified in paragraphs (H)(5) and (H)(6) of this rule.

(6) The county agency shall not recertify an assistance group without a signed application for recertification.

(B) How is an assistance group notified it is time for a recertification?

(1) The county agency shall provide an assistance group certified for expedited benefits a notice of expiration at the time of certification.

(2) All other certified assistance groups shall receive the statewide automated eligibility system generated notice of expiration between the first and last day of the month prior to the month the certification period ends.

(C) What shall the assistance group provide to the county agency in order to establish an application date for recertification?

(1) When the assistance group indicates that it wishes to establish a filing date for its recertification prior to its interview, the assistance group shall be provided a JFS 07200, "Application for Cash, Food, or Medical Assistance" or JFS 07204, "Application to Reapply for Cash and/or Food Assistance" and instructions to complete and submit the form. The assistance group shall be advised that the date of application for recertification will be established when the form is submitted with a name, address, and signature.

(2) The assistance group shall file an application for recertification using the JFS 07200, the JFS 07204, the electronic equivalent of the JFS 07200 or JFS 07204, or the telephonic equivalent of the JFS 07200 or JFS 07204.

(3) The assistance group shall be advised that the date of application for recertification will be established when the application is submitted with the minimum requirements of name, address, and signature as described in rule 5101:4-2-01 of the Administrative Code. When the completed application is received after business hours, the date of application shall be the next business day.

(4) When the statewide automated eligibility system is unavailable or a home visit is necessary, the county agency shall complete the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview."

(5) When an interactive interview is conducted or a JFS 01846 was completed, the application date is established when the JFS 07200 or the JFS 07204 contains a name, address, and signature from an assistance group member or its authorized representative, and is received by the county agency.

(D) Is an interview required at the time of recertification?

(1) As part of the recertification process, the county agency shall conduct an interview with a member of the assistance group or its authorized representative. The standard interview practices in rule 5101:4-2-07 of the Administrative Code also apply to interviews for recertification.

(2) The county agency shall conduct a face-to-face interview or the telephonic equivalent. Telephone interviews may be conducted in lieu of a face-to-face interview unless the agency has determined the assistance group's situation requires a face-to-face interview or the assistance group requests a face-to-face interview. The county agency shall grant a telephone interview to any assistance group that requests one.

(3) When an interview is conducted but the assistance group does not submit an application for recertification, the county agency is to deny the recertification at that time or at the end of the certification period.

(4) Upon request, the county agency shall provide the assistance group with the JFS 04196, "Food Assistance Change Reporting."

(5) The county agency is to notify the assistance group of the date the verification is to be returned. The assistance group is to be allowed a minimum of ten days to provide required verification information.

(6) County agencies shall schedule interviews so that the assistance group has at least ten days after the interview in which to provide verification before the certification period expires. When an assistance group misses its scheduled interview, the county agency shall send the assistance group a JFS 04218, "Notice Of Missed Interview."

(a) When an assistance group misses its scheduled interview and requests another interview, the county agency is to schedule a second interview as described in rule 5101:4-2-07 of the Administrative Code.

(b) When an assistance group does not request to reschedule the interview but has submitted an application for recertification, the county agency is to deny the recertification thirty days following the date the application is received.

(E) What shall be verified at recertification?

(1) Information provided by the assistance group shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

(2) Any assistance group whose eligibility is not determined by the end of its current certification period due to the time period allowed for submitting any missing verification shall receive an opportunity to participate, when eligible, within five working days after the assistance group submits the missing verification. Benefits shall not be prorated.

(F) When is an application for recertification considered timely?

(1) An assistance group certified for expedited benefits shall have fifteen days from the date the notice of expiration is received to file for recertification timely.

(2) Assistance groups, except those certified for expedited benefits, that submit an application for recertification by the fifteenth day of the last month of the certification period shall be considered to have made a timely application for recertification.

(3) For assistance groups consisting of applicants or recipients of supplemental security income (SSI) that apply for SNAP recertification at the social security administration (SSA) office, the application shall be considered filed for normal processing purposes when the signed application is received by the SSA by the fifteenth day of the last month of the certification period.

(G) What are the processing timeframes for timely recertifications?

Assistance groups certified under normal processing standards are to be provided an opportunity to participate by the assistance group's normal issuance cycle in the month following the end of its current certification period. Assistance groups are to be notified of their eligibility or ineligibility by the end of their current certification period.

(H) What is delayed processing?

(1) When an eligible assistance group files an application before the end of the certification period, but the recertification process cannot be completed within thirty days after the date of the application because of the county agency, the county agency must continue to process the case and provide a full month's allotment for the first month of the new certification period.

(2) When an assistance group files an application before the end of the certification period, but fails to take a required action, the county agency may deny the case at that time, at the end of the certification period, or at the end of thirty days. Although the county agency may have the right to issue a denial prior to the end of the certification period, the assistance group has thirty days after the end of the certification period to complete the process and have its application treated as an application for recertification.

(3) When the assistance group takes the required action before the end of the certification period, the county agency shall reopen the case and provide a full month's benefit for the initial month of the new certification period.

(4) When the assistance group takes the required action after the end of the certification period, but within thirty days after the end of the certification period, the county agency shall reopen the case and provide retroactive benefits to the date the assistance group took the required action.

(5) When an assistance group files an application within thirty days after the end of the certification period, the application shall be considered an application for recertification; however, benefits shall be prorated in accordance with rule 5101:4-4-27 of the Administrative Code and the application shall be processed within timeframes for processing initial applications as described in paragraph (J) of rule 5101:4-2-01 of the Administrative Code.

(6) When an assistance group's application for recertification is delayed beyond the first of the month of what would have been its new certification period through the fault of the county agency, the county agency shall provide restored benefits back to the date the assistance group's certification period should have begun.

(7) The county agency shall determine cause for any delay in processing an application for recertification in accordance with the provisions of rule 5101:4-5-07 of the Administrative Code.

(I) Do the expedited service provisions apply at recertification?

(1) The expedited service provisions of rule 5101:4-6-09 of the Administrative Code are not applicable when the assistance group applies for recertification before the end of its current certification period.

(2) When the date of application for recertification is after the certification period has expired, the assistance group may be entitled to expedited services when the assistance group's circumstances fall within the expedited criteria in accordance with rule 5101:4-6-09 of the Administrative Code.

(3) Assistance groups that are certified for expedited benefits are to be notified of their eligibility within twenty-four hours or seven days depending on the expedited services for which they qualify.

Last updated October 2, 2023 at 8:33 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 5101.54, 329.042
Five Year Review Date: 11/18/2026
Prior Effective Dates: 12/1/1980, 10/1/1981, 10/16/1988, 7/11/1989 (Emer.), 5/1/1991 (Emer.), 6/1/1991, 4/1/1997 (Emer.), 3/2/2002 (Emer.), 5/1/2009, 8/1/2010

Rule 5101:4-7-08 | Food assistance: new hire reporting program (W-4).

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

(A) What is the new hire reporting program?

Pursuant to section 3121.891 of the Revised Code, all employers are to provide information to the Ohio department of job and family services (ODJFS) about employees who are newly hired, or a contractor of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation. A newly hired employee means an employee who has not previously been employed by the employer; or was previously employed by the employer, but has been separated from such prior employment for at least sixty consecutive day according to the requirements of 42 U.S.C. 653a (1/2021).

(B) How is the new hire information used?

(1) In accordance with section 3121.898 of the Revised Code, the county agency is to use the state directory of new hires information to ensure all employment information has been reported, verified, and used appropriately when determining supplemental nutrition assistance program (SNAP) benefits. Alerts are generated in the statewide automated eligibility system when there is a match with new hire information.

(2) In accordance with 7 U.S.C. 2020(e)(24) (12/2022), the county agency is to use the national directory of new hires information to ensure all employment information has been reported, verified, and used appropriately when determining eligibility for SNAP benefits at certification and recertification. Alerts are generated in the Ohio benefits integrated eligibility system when there is a match with national new hire information.

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

(1) Immediately upon receipt of a new hire alert, but no later than three working days, the county agency is to make telephone contact with the assistance group. The information obtained as a result of the telephone contact is to include, but not be limited to, the following:

(a) Hourly rate of pay;

(b) Hours worked per week;

(c) Correct mailing address of the employer.

(2) When the assistance group does not have a telephone or cannot be immediately reached, the JFS 07105 "Verification Request Checklist" or the electronic equivalent is to be sent within three working days.

(3) All information reported by the client is to be immediately followed up with a request for hard copy verification (e.g., pay stubs, employment verification form). When the assistance group is having trouble obtaining the verification, the best available documentation may be acceptable (e.g. third party statement, call to the employer, or client statement).

(4) Information reported by client statement is to be used in determining eligibility for SNAP benefits until the employer verification can be obtained.

Last updated October 1, 2024 at 9:04 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 5101.54, 329.04, 329.042
Five Year Review Date: 4/1/2026
Prior Effective Dates: 2/1/2016, 4/1/2021

Rule 5101:4-7-09 | Food assistance: state income and eligibility verification system.

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

(A) What is the state income and eligibility verification system (IEVS) match?

An IEVS match is income, resource, and benefit information that has been requested by the Ohio department of job and family services (ODJFS) or county agencies. Through IEVS, ODJFS and county agencies can request information from the agencies identified in paragraph (B) of this rule and use it to verify eligibility and determine the amount of benefits. IEVS information shall be requested and used with respect to all assistance group members. This includes ineligible assistance group members as described in rule 5101:4-6-13 of the Administrative Code, whenever the social security numbers (SSNs) of such ineligible assistance group members are available to the county agency.

(B) What benefit information is collected through IEVS, what agency is it from, and is it verified upon receipt?

Benefit information collected through IEVS is to be acted upon in accordance with paragraph (E) of this rule before benefits are to be affected.

(1) State wage information collection agency (SWICA). Ohio employers report earnings information to SWICA quarterly and it is generally more current than federal wage information. However, none of the information is considered verified upon receipt.

(2) The social security administration (SSA). Income from self-employment, wages, federal retirement, and survivors, disability, supplement security income (SSI), and related benefit information maintained by the SSA. Employers provide wage and retirement information to the SSA on an annual basis. The SSA makes this information available pursuant to Section 6103 (l)(7)(A) of the Internal Revenue Service (IRS) Code of 1954.

(a) State verification and exchange system (SVES) allows SSN verification and the transfer of social security and SSI benefit information from the SSA. The information is considered verified upon receipt.

(b) Beneficiary and earnings data exchange (BENDEX). BENDEX matches provide earnings and benefit information from the SSA. This information is expected to duplicate most of the information provided by SWICA. However, the federal wage records match includes out-of-state employers and employers who do not report to SWICA. BENDEX matches may be eighteen months old or older due to the reporting requirements for employers and the time needed for SSA to process the information. There is a lag time between from the source, reporting agency and ODJFS. Only the year of employment can be determined from the match. None of the information is considered verified upon receipt. Only by supplementing correct matches with employer verification can a determination be made of earnings received during an active certification period. This information may be a lead to current employment and should be used to check past eligibility.

(3) IRS. Unearned income information is obtained from the IRS and is available pursuant to Section 6103 (l)(7)(B) of the IRS Code of 1954. The IRS also provides income information based on 1099 data sent to the IRS. None of this information is considered verified upon receipt.

(4) The office of unemployment compensation within ODJFS. Subject to the provisions and limitations of Section 303 (d) of the Social Security Act of 1935, unemployment matches provide claim information regarding unemployment benefits as well as any additional useful information for verifying eligibility and benefits. This information is reported weekly as the payments are rendered to recipients and the information is considered verified upon receipt.

(C) What are data exchange agreements?

Data exchange agreements shall specify the information to be exchanged and the procedures that will be used to exchange the information. Policy regarding data exchange agreements is the responsibility of the office of fiscal and monitoring services within ODJFS. ODJFS maintains data exchange agreements with the agencies listed in paragraph (B) of this rule in order to exchange information with other agencies.

(D) Under what programs can ODJFS and county agencies exchange IEVS information?

ODJFS and the county agency may exchange IEVS information with other state agencies when it is determined that the information is being used for the same program determinations that include:

(1) Temporary assistance for needy families;

(2) Medicaid;

(3) Unemployment compensation;

(4) Supplemental nutrition assistance program (SNAP);

(5) Any state program administered under a plan approved under title I, X, or XIV adult categories, or title XVI of the Social Security Act of 1935; and

(6) Agencies administering the child support program (title IV-D of the Social Security Act) and titles II (federal old age, survivors, and disability insurance benefits) and title XVI (SSI for the aged, blind and disabled of the Social Security Act of 1935.)

(E) What should county agencies do when IEVS information is received?

(1) Information verified upon receipt includes:

(a) The county agency shall send proper notices to the assistance group to terminate, deny, or reduce benefits based on information obtained through IEVS that is considered verified upon receipt. Information considered verified upon receipt includes:

(i) Social security and SSI benefit information obtained from SSA SVES; and

(ii) Unemployment compensation benefit information.

(b) When the information in IEVS is obtained about a particular assistance group and is questionable, the information shall be considered unverified and the county agency shall take action as specified in paragraph (E)(2) of this rule.

(2) Information unverified upon receipt:

Prior to taking action to terminate, deny, or reduce benefits based on information obtained through IEVS that is considered unverified upon receipt, county agencies shall independently verify the information. Information considered unverified upon receipt includes:

(a) IRS information; and

(b) Wage information from SSA BENDEX or SWICA.

(3) What is considered independent verification of unverified information and how does the county agency obtain it?

(a) Independent verification shall include verification of the amount of the asset or income involved, whether the assistance group actually has or had access to such asset or income and the period during which access occurred. When a county agency has information that indicates that independent verification is not needed, such verification is not required. Unearned income from IRS is the exception to this policy.

(b) The county agency shall obtain independent verification of unverified information obtained from IEVS by contacting the assistance group or the appropriate source of the income, resource or benefit. When the county agency chooses to contact the assistance group, it shall do so in writing, informing them of the information that has been received, and requesting the assistance group to respond within ten days. When the assistance group fails to respond within ten days of the request, the county agency shall send a notice of adverse action as specified in Chapter 5101:6-2 of the Administrative Code. The county agency may contact the appropriate source by the means best suited to the situation. When the assistance group or appropriate source provides the independent verification, the county agency shall properly notify the assistance group of the action it intends to take and provide the assistance group an opportunity to request a state hearing prior to any adverse action.

(F) What actions shall be taken when data exchange information is received?

When information is received as a result of data exchange agreements, county agencies shall initiate and pursue action on the assistance groups. The following is to occur:

(1) Review of the information and comparison of it to case record information;

(2) For all new or previously unverified information received, contact the assistance groups and/or collateral contacts to resolve discrepancies as specified in rule 5101:4-2-09 of the Administrative Code and paragraphs (E)(1) and (E)(2) of this rule; and

(3) When discrepancies warrant reducing benefits or terminating eligibility, send notices of adverse action.

(4) County agencies shall initiate, pursue and complete the actions specified in this paragraph within forty-five days from receipt of the information. Actions may be completed later than forty-five days from the match when the only reason the actions cannot be completed is the non-receipt of verification requests from the collateral contacts and the actions are completed as specified in rule 5101:4-7-01 of the Administrative Code. The results of these actions should be documented on the compliance tracking screens in the statewide automated eligibility system.

(5) When an overpayment is determined, county agencies shall establish and take actions on claims as specified in Chapter 5101:4-8 of the Administrative Code.

(G) What are the appropriate uses for data received through IEVS?

(1) County agencies shall use information obtained through IEVS to:

(a) Verify an assistance group's eligibility;

(b) Verify the proper amount of benefits;

(c) Investigate to determine whether participating assistance groups received benefits to which they were not entitled; and

(d) Obtain information that can be used in conducting criminal or civil prosecutions based on receipt of SNAP benefits to which participating assistance groups were not entitled.

(2) ODJFS may continue to use income information from an alternate source or sources to meet the requirements specified in this rule.

(H) What are the timeframes for the county agencies to request and process the IEVS data?

(1) Information shall be requested at the next available opportunity after the date of application even when the applicant assistance group has been determined eligible by that time.

(2) Information about members of applicant assistance groups who cannot provide SSNs at application shall be requested at the next available opportunity after the county agency is notified of their SSNs.

(3) County agencies shall make eligibility and benefit determinations without waiting for receipt of IEVS data to comply with the promptness standard of rule 5101:4-2-11 of the Administrative Code.

(4) Information received from a source after an eligibility determination has been made shall be used as specified in paragraph (E) of this rule.

(I) Is there a requirement to safeguard matches with federal tax information?

(1) Matches containing federal tax information are confidential. County agencies shall ensure that the information is safeguarded as required in rule 5101:4-1-13 of the Administrative Code. The data shall be stored in an area that is physically safe from access by unauthorized individuals and the information cannot be commingled with the rest of the case record.

(2) Records destruction is addressed in rule 5101:9-9-21 of the Administrative Code. Division 5101:9 of the Administrative Code addresses access and safeguarding provisions for systems data.

(3) IRS, SSA and the United States department of agriculture (USDA) food and nutrition service (FNS) shall be permitted to make on site inspections to ensure that adequate safeguards are being maintained and that proper procedures are followed.

(J) What is considered proper disclosure of the IEVS data?

The IEVS match information shall only be disclosed in accordance with rule 5101:4-1-13 of the Administrative Code and used as discussed in paragraph (G) of this rule.

(K) Is a record of disclosure required when IEVS information is released?

IRS and SSA require ODJFS and county agencies to keep a record of any disclosure of federal tax information, including SSA match information, to any person or agency who is not an employee of ODJFS or the county agency. In accordance with rule 5101:9-9-21.1 of the Administrative Code, the record of the disclosure shall be retained in the case file for three years or the active life of the application, whichever is longer. In addition, the county agency shall record all disclosures in its central file of BENDEX. The record of disclosure shall contain:

(1) A description of the information disclosed;

(2) The date of the disclosure;

(3) The identity of the persons or agencies to whom the information was disclosed; and

(4) The purpose of the disclosure.

(L) Is there a penalty for improper disclosure of information?

Rule 5101:9-9-25 of the Administrative Code describes employee awareness requirements for unauthorized disclosure of IEVS and federal tax return information.

(M) Is it possible to receive a match error?

The validity of the IEVS match information is dependent upon the accuracy of the SSN supplied, the SSN contained in SSA's earnings file, and IRS's file. The accuracy of the SSN supplied by ODJFS is dependent upon the accuracy of the number provided by the county agency. SSA accuracy is dependent upon the accuracy of the reporting employer and the employee who supplies the SSN. Accuracy of the IRS information is dependent on the institution providing the information. An error from any one of these financial sources may cause the IEVS match to attribute earnings, benefits, or resources to an assistance group member that belongs to another person. Therefore, the county agency shall determine the match is valid prior to taking any action on benefits.

(N) How is an error in the data match detected?

When the name of the applicant or recipient is different than the name on the match, the match may be an error or it may be an indication of an intentional program violation. The agency worker shall make this decision based upon all of the information from the appropriate match source and the case file. The following are examples of possible reasons for conflicting information:

(1) At times the surnames do not match, but the given names match or are similar. Sometimes a maiden name is used for one activity and a married name for the other.

(2) The name and address of the employer may also give an indication about whether a discrepancy is a match error. For example, when the address of the employer is out of state it may indicate that the match is in error. However, because this could indicate the corporate office of a local business, this information should not be considered conclusive.

(O) How is an SSN validated?

Since an incorrect SSN that is undetected could cause incorrect overpayment charges, the county agency shall review the case file to determine how the number was verified at the time it was obtained. When there is no copy of the social security card in the case file, the county agency shall request the assistance group to provide it at that time. When the assistance group member no longer has the card, the county agency shall complete an JFS 07355 "Notice of Application for a Social Security Number" in order to verify the SSN with SSA files. The requirement to verify the SSN is the responsibility of the county agency, not the assistance group. All SSNs within IEVS are verified through SSA. The county agency may also complete the title II and title XVI SSA benefit information and SSN verification screen in the statewide automated eligibility system to verify the SSN as long as all of the required information is returned on the screen.

(P) Is a match verification of earnings, dividends, or benefits?

An IEVS match is not verification of earnings, dividends, or benefits. It is only an indication that an assistance group member may have had income while receiving SNAP or that an assistance group member may have withheld income information. The match is an opportunity for the county agency to confirm an assistance group's previous statement. When there appears to have been unreported income, the county agency shall obtain actual verification from a third party to check previous eligibility.

Last updated June 1, 2022 at 8:23 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 6/1/2027
Prior Effective Dates: 3/1/1984 (Temp.), 11/1/1986 (Emer.), 1/16/1987, 10/1/1989 (Emer.), 8/1/1995 (Emer.), 7/1/1996 (Emer.), 3/1/2017

Rule 5101:4-7-11 | Food assistance: providing replacement issuance to assistance groups.

• Effective: January 22, 2024
• Promulgated Under: 111.15

County agencies are to provide replacement benefit issuances to an assistance group (AG) in accordance with paragraph (A) to (G) of this rule when the AG reports that food purchased with supplemental nutrition assistance program (SNAP) benefits was destroyed in an AG misfortune.

When the AG reports that their SNAP electronic benefit transfer (EBT) card was lost, stolen or damaged, the county agency is to provide a replacement card to the AG in accordance with paragraphs (H) to (K) of this rule.

Electronically stolen benefits are to be replaced in accordance with the food assistance change transmittal found in the food assistance certification handbook on the Ohio department of job and family services website.

(A) How is a replacement benefit requested?

(1) Prior to issuing a replacement, the county agency is to obtain a signed JFS 07222, "Statement Requesting Replacement of Supplemental Nutrition Assistance Program (SNAP) Benefits," from a member of the AG or authorized representative attesting to the AG's loss.

(2) The JFS 07222 may be mailed to the county agency if the AG member is unable to come into the office because of age, handicap or distance from the office and is unable to appoint an authorized representative.

(B) What are the time limit requirements for requesting and issuing replacement benefits?

(1) Replacement issuances are to be provided only when an AG timely reports a loss orally or in writing. The report will be considered timely if it is made to the county agency within ten days of the date food purchased with SNAP benefits was destroyed in an AG misfortune.

(2) Prior to issuing a replacement a JFS 07222 is to be received. The JFS 07222 is to be received within ten days of the date the misfortune was reported.

(3) Replacement issuances are to be provided to an AG within ten days after a loss is reported or within two working days of receiving the signed JFS 07222, whichever date is later.

(4) When the signed JFS 07222 is not received by the county agency within ten days of the date of reporting the misfortune, no replacement is to be made. When the tenth day falls on a weekend or holiday, and the JFS 07222 is received the day after the weekend or holiday, the county agency is to consider the JFS 07222 received timely. When the JFS 07222 is received more than ten days after the date of the report, a JFS 07235, "Action Taken on Your Request for Replacement of Food Assistance Benefits," or its computer-generated equivalent in accordance with Chapter 5101:6-2 of the Administrative Code denying the replacement is to be issued within two working days.

(5) The county agency is to deny or delay replacement issuances in cases in which available documentation indicates that the AG's request for replacement appears to be fraudulent.

(C) What are the replacement benefit restrictions?

(1) There is no limit on the number of replacements of food purchased with SNAP benefits that was destroyed in an AG misfortune.

(2) When a federal disaster declaration has been issued and the AG is eligible for disaster SNAP benefits under the provisions of 7 C.F.R. 280.1 (12/2005), the AG is not to receive both the disaster allotment and a replacement allotment for the misfortune.

(3) Replacement issuances are to be provided in the amount of the loss to the AG, up to a maximum of one month's allotment.

(D) How is AG misfortune verified?

Upon receiving a request for replacement the county agency is to determine:

(1) If the issuance was validly issued; and

(2) That the destruction occurred in an AG misfortune or disaster, such as, but not limited to, a power outage of four hours or more, a fire or flood. This is to be verified through a collateral contact that may include but is not limited to: documentation from the fire department, red cross, a utility company or a home visit.

(E) Is there a requirement to track benefit replacements?

(1) The county agency is to document in the case file of the AG each request for replacement, the date, the reason, and whether or not the replacement was provided. This information may be recorded exclusively on the JFS 07222 as mandated in paragraph (A) of this rule.

(2) The county agency is to maintain, in readily-identifiable form, a record of the replacements granted to the AG, the reason, and the month. The record may be a case action sheet maintained in the case file, notations on the master issuance file, when readily accessible, or a document maintained solely for this purpose.

(F) Are there hearing rights on benefit replacements?

The AG is to be informed of its right to a fair hearing to contest a denial or delay of a replacement issuance in accordance with Chapter 5101:6-2 of the Administrative Code. Replacements are not to be made while the denial or delay is being appealed.

(G) What is the process for intercounty benefit replacements?

When an AG that has recently moved from one county to another requests a replacement of benefits of food destroyed in a misfortune, both county agencies are to cooperate in determining whether replacement is appropriate. When it is determined a replacement issuance is appropriate, the county of current residence is to issue the replacement.

(H) What happens when an AG requests a fourth EBT replacement card within a rolling twelve-month period due to the EBT card being lost, stolen, damaged or for any other reason?

(1) When an AG requests a fourth EBT replacement card within a rolling twelve-month period, the AG is to be notified in writing by an automated system generated notice indicating that at the next request for a card replacement, the AG is to contact the county agency to provide an explanation for the requests before the next replacement card will be issued.

(2) When a trafficking violation is suspected prior to the fourth card request, the county agency is to refer the individual to the fraud unit for investigation.

(I) What happens when an AG requests a fifth or more EBT replacement card within a rolling twelve-month period?

When an AG requests a fifth or more EBT replacement card within a rolling twelve-month period, a replacement card is not to be issued until the AG contacts the county agency to provide an explanation for the request. The written automated system generated notice is to include the following:

(1) Specify the number of card request and over what period of time it covers;

(2) Explain that the request exceeds the threshold and contact is to be made with the county agency before another card is issued;

(3) Provide all applicable information on how the individual is to comply by providing contact information such as whom to contact, a telephone number and address; and

(4) Include a statement that explains what is considered a misuse or fraudulent use of benefits and the possibility of referral to the fraud investigation unit for suspicious activity.

(J) What is the process when an AG makes contact with the county agency after receiving the written notice, when five or more EBT cards have been requested?

(1) When an AG makes contact with the county agency to provide an explanation for the card request, the county agency is to make the replacement EBT card available within two business days following the contact from the AG, regardless of whether or not an explanation was provided.

(2) When the AG contacts the county agency but refuses to provide an explanation for the card request or the explanation provided appears to be a trafficking violation as described in rule 5101:4-8-17 of the Administrative Code, the AG is to be referred to the fraud unit for investigation. The replacement EBT card is to be issued so that the AG has access to benefits while the investigation is being conducted.

(3) When the explanation is deemed appropriate, the county agency is to educate the AG on proper use of the card and the AG does not need to contact the county agency for additional EBT card requests, unless the pattern of card activity has changed since the initial contact and indicates possible trafficking activity. An appropriate explanation would be when the AG states they are homeless, disabled, a victim of crime, are in a domestic violence situation, or other vulnerable persons in situations who may lose their EBT card but are not committing fraud.

(K) What happens when an AG does not contact the county agency to provide an explanation?

When five or more EBT cards have been requested and an individual does not contact the county agency in response to the written notice, the replacement card is not to be issued and the case is to be referred to the county agency's fraud unit for investigation.

(L) What is the process when there is presidential disaster declaration?

When there is a presidential disaster declaration, the Ohio disaster SNAP plan developed in accordance with 7 C.F.R. 280.1 (12/2005) is utilized.

Last updated January 22, 2024 at 9:27 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.042, 5101.54, 5101.542
Five Year Review Date: 9/1/2028
Prior Effective Dates: 5/1/1997, 5/1/1999, 9/1/2018

Rule 5101:4-7-13 | Food assistance: reducing, suspending, or cancelling food assistance benefits.

• Effective: February 1, 2021
• Promulgated Under: 111.15

This rule sets forth the procedures to be followed when the secretary of the United States department of agriculture (USDA) mandates a reduction, suspension or a cancellation of monthly supplemental nutritional assistance program (SNAP) allotments in order to stay within federal appropriations pursuant to section 18 of the Food and Nutrition Act of 2008.

(A) What actions may be needed to comply with section 18 of the Food and Nutrition Act of 2008?

(1) A suspension of allotments for one or more months;

(2) A cancellation of allotments for one or more months;

(3) A reduction in allotment levels for one or more months; or

(4) A combination of these three actions.

(B) What are the requirements applicable to reductions, suspensions or cancellations?

The provisions in this rule are applicable to all three of the above cost-saving measures. Also, once these provisions are put into effect, they supersede and override other comparable rules used during the program's normal operation.

(1) Notification

Reductions, suspensions, and cancellations of allotments shall be considered to be federal adjustments to allotments. As such, state and county agencies shall notify assistance groups of reductions, suspensions, and cancellations of allotments in accordance with the notice provisions of rule 5101:4-7-03 of the Administrative Code, except that county agencies shall not provide individual notices of adverse action to assistance groups affected by reductions, suspensions, or cancellations of allotments.

(2) Fair hearings

Any assistance group that has its allotment reduced, suspended, or cancelled as a result of an order issued by food and nutrition service (FNS) may request a fair hearing when it disagrees with the action, subject to the following conditions:

(a) Benefit level computed incorrectly

The Ohio department of job and family services (ODJFS) shall not be required to hold fair hearings unless the request for a fair hearing is based on an assistance group's belief that its benefit level was computed incorrectly under these rules or that the rules were misapplied or misinterpreted. ODJFS shall be allowed to deny fair hearings to those assistance groups who are merely disputing the fact a reduction, suspension, or cancellation was ordered.

(b) No continuation of benefits

Since the reduction, suspension, or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by congress, assistance groups do not have a right to a continuation of benefits pending the fair hearing.

(c) Restored benefits

An assistance group may receive restored benefits in an appropriate amount if it is determined its benefits were reduced by more than the amount that the county agency was directed to reduce benefits.

(3) Points and hours of certification and issuance services

In months the issuance of benefits has been suspended or cancelled, county agencies shall determine what types of issuance services to make available, where they should be located, and when they should be available. County agencies' determinations should be based on the schedule and volume of issuance in the affected month and on the variables affecting the provision of issuance services.

(4) Application processing

Determinations of the eligibility of applicant assistance groups shall not be affected by reductions, suspensions, or cancellations of allotments. County agencies shall accept and process applications during a month(s) that a reduction, suspension, or cancellation is in effect.

(a) Eligibility determinations during reductions

When an applicant is found to be eligible for benefits and a reduction is in effect, the amount of benefits shall be calculated by reducing the normal maximum SNAP allotment amount for the assistance group size by the reduction percentage that was ordered, and then deducting thirty per cent of the assistance group's net SNAP income from the reduced maximum SNAP allotment amount.

(b) Eligibility determinations during suspensions or cancellations

When an applicant is found to be eligible for benefits while a suspension or cancellation is in effect, no benefits shall be issued to the applicant until issuance is again authorized by FNS.

(5) Expedited service

Assistance groups eligible to receive expedited service shall have their cases processed as follows:

(a) Reductions

Assistance groups eligible for expedited service will be issued reduced benefit amounts and will have their cases processed in accordance with rule 5101:4-6-09 of the Administrative Code.

(b) Suspensions

Those assistance groups eligible to receive expedited service in months that suspensions are in effect and determined to be eligible shall have benefits issued to them in accordance with rule 5101:4-6-09 of the Administrative Code. However, when the suspension is still in effect at the time issuance is to be made, the issuances shall be suspended until the suspension is ended.

(c) Cancellations

Assistance groups eligible to receive expedited service who apply for program benefits during months that cancellations are in effect shall receive expedited service. Assistance groups with zero net income shall have their benefits determined within twenty-four hours, or when mitigating circumstances occur, within seventy-two hours. However, the deadline for completing the processing of other expedited assistance groups shall be five calendar days or the end of the month of application, whichever is later. All other rules pertaining to expedited service shall be applicable to these cases.

(6) Recertifications

The reduction, suspension, or cancellation of allotments in a given month shall have no effect on the certification periods assigned to assistance groups. Those participating assistance groups whose certification periods expire during a month that allotments have been reduced, suspended, or cancelled shall be recertified. Assistance groups found eligible to participate during a month that allotments have been reduced, suspended, or cancelled shall have certification periods assigned.

(7) Restoration of benefits

Assistance groups whose allotments are reduced or cancelled as a result of the enactment of these procedures are not entitled to the restoration of lost benefits at a future date. However, when there is a surplus of funds as a result of the reduction or cancellation, FNS shall direct state agencies to provide affected assistance groups with restored benefits unless the USDA determines that the amount of surplus funds is too small to make this practicable. County agencies must still keep a record of all benefits to be restored during these periods so that in the event FNS directs the restoration of benefits, such benefits are issued promptly.

(8) Ninety per cent rule

In the event of a suspension or cancellation, or a reduction exceeding ninety per cent of the affected month's projected issuance, all assistance groups, including one- and two-person assistance groups, shall have their benefits suspended, cancelled, or reduced by the percentage specified by FNS.

(9) Penalties

Notwithstanding any other provision of this rule, FNS may take one or more of the following actions against a county agency failing to comply with a directive to reduce, suspend, or cancel allotments in a particular month.

(a) When FNS and ODJFS ascertain that a county agency does not plan to comply with a directive to reduce, suspend, or cancel allotments for a particular month, a warning will be issued advising the county agency that if it does not comply, ODJFS may cancel a share of the county agency's administrative costs for the affected month(s). If, after receiving such a warning, a county agency does not comply with a directive to reduce, suspend, or cancel allotments, ODJFS may cancel a share of the county agency's administrative costs for the affected month(s).

(b) After warning a county agency, if ODJFS ascertains that the county agency does not plan to comply with a directive to reduce, suspend, or cancel allotments, a court injunction may be sought to compel compliance.

(c) When a county agency fails to reduce, suspend, or cancel allotments as directed, FNS will bill the state agency for all resulting overpayments. When a state agency fails to remit the billed amount to FNS within a prescribed period of time, the funds will be recovered through offsets against the federal share of the state agency's administrative costs, or any other means available under law. The state, in turn, will demand repayment of these funds from the affected county(s).

(C) How are reductions processed?

When a decision is made to reduce monthly SNAP allotments, ODJFS shall notify county agencies of the date the reduction is to take effect and by what percentage maximum SNAP allotment amounts are to be reduced.

(1) Reduction method

Revised allotment tables showing the reduced amounts will be distributed to county agencies if such tables are available in a timely manner from FNS. However, if the reduction must be done manually, the procedure illustrated in paragraph (C)(2) of this rule must be followed.

(2) Manual reduction procedure

When a benefit reduction is ordered, county agencies shall reduce the maximum SNAP allotment amounts for each assistance group size by the percentage ordered in the FNS notice on benefit reductions. County agencies shall multiply the maximum SNAP allotment amounts by the percentage specified in the FNS notice and shall round the result up to the nearest higher dollar amount when it ends in one through ninety-nine cents, and subtract the result from the normal maximum SNAP allotment amount. County agencies shall then deduct thirty per cent of each assistance group's net SNAP income from the reduced maximum SNAP allotment amount.

(3) Minimum allotment

Except as provided in paragraph (C)(4) of this rule, when the amount of benefits obtained by the calculation in paragraph (C)(2) of this rule is less than the minimum benefit for one- and two-person assistance groups only, the assistance group shall be provided the minimum benefit.

(4) Ninety per cent reductions

In the event the national reduction in benefits is ninety per cent of the projected issuance for the affected month, the provision for a minimum benefit may be disregarded and all assistance groups may have their benefits lowered by reducing maximum SNAP allotment amounts by the percentage specified by FNS. The benefit reduction notice issued by FNS to effectuate a benefit reduction will specify whether minimum benefits are to be provided to assistance groups.

(5) Timeliness standard

Whenever a reduction of allotments is ordered for a particular month, reduced benefits shall be calculated for all assistance groups for the designated month.

(6) Restored or retroactive benefits

Allotments or portions of allotments representing restored or retroactive benefits for a prior unaffected month shall not be reduced, suspended, or cancelled, even when they are issued during an affected month.

(D) How are suspensions and cancellations processed?

When a decision is made to suspend or cancel the distribution of SNAP benefits in a given month, ODJFS shall notify county agencies of the date the suspension or cancellation is to take effect.

(1) Minimum allotment provision deleted

In the event of a suspension or cancellation of benefits, the provision for the minimum benefit for assistance groups with one or two members shall be disregarded and all assistance groups shall have their benefits suspended or cancelled.

(2) Timeliness standard

Upon receiving notification that an upcoming month's issuance is to be suspended or cancelled, county agencies shall take immediate action to effect the suspension or cancellation in the month indicated. No delays will be permitted.

(3) Resumption benefits

Upon being notified by ODJFS that a suspension of benefits is over, county agencies shall act immediately to resume issuing benefits to certified assistance groups and shall resume benefit issuance as soon as practicable.

(4) Cases still must be processed

When the action in effect is a suspension or cancellation, eligible assistance groups shall have their allotment levels calculated according to normal procedures. However, the allotments shall not be issued for the month the suspension or cancellation is in effect.

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04, 329.042, 5101.54
Five Year Review Date: 2/1/2026
Prior Effective Dates: 6/18/1981, 5/20/1983, 10/1/1989 (Emer.), 12/21/1989, 5/1/1991 (Emer.), 10/30/1992, 5/22/2004, 6/1/2015

Rule 5101:4-7-14 | Food assistance: systematic alien verification for entitlements program.

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

A county agency shall use the systematic alien verification for entitlements (SAVE) program established by the department of homeland security United States citizenship and immigration service (USCIS). The county agency can access this system through the web-enabled SAVE system to verify the validity of documents provided by aliens applying for supplemental nutrition assistance program (SNAP) benefits. When accessing the SAVE system the county agency shall ensure that the individual's privacy is protected to the maximum degree possible.

(A) What is the SAVE system?

The SAVE system is an information-sharing initiative allowing authorized staff to validate a noncitizen's immigration status by accessing USCIS data. The USCIS protects the individual's privacy in accordance with the Immigration and Nationality Act (INA) of 1952 and other applicable statutes. No consent for release of information is required to use the SAVE system.

(B) What are the methods of verifying the authenticity of documents using the SAVE system?

There are three methods for verifying documents provided:

(1) Initial or primary verification uses the alien's alien registration number, or "A-number" to provide alien status verification. This verification is used for most applicants. The county agency is to compare the information provided through the SAVE system with the documents provided by the individual. When the documentation matches in the SAVE system, the process is complete and the county agency is to include a copy of the "Initial Verification Result" in the case record.

(2) Additional or secondary verification provides a more extensive validation when problems appear in the verification of alien status. Secondary verification is required in any of the following situations:

(a) The document appears to be counterfeit or altered.

(b) An individual presents unfamiliar USCIS documentation or a document indicates immigration status, but does not contain an "A-number."

(c) The document contains an "A-number" in the A60 000 000 series.

(d) The document contains an "A-number" in the A80 000 000 series.

(e) An alien has no immigration documentation and is hospitalized, medically disabled, or can otherwise show good cause for the alien's inability to present documentation, and for whom securing such documentation would constitute an undue hardship.

(f) An alien presents a foreign passport and/or a I-94 "Arrival-Departure Record" form and the "Admission for Permanent Residence" endorsement is more than one year old.

(g) When an individual claims lawful permanent (or conditional) resident status because they are a battered alien, a parent of a battered child(ren) or a victim of domestic violence.

(h) A "Certificate of Naturalization" or a "Certificate of Citizenship" is presented, and verification of U.S. citizenship status is required.

(i) When an automated check through the SAVE system returns with a response "institute additional verification" or when there is a material discrepancy between an individual's documentation and the record contained in the SAVE system.

(j) When an additional verification request is submitted to the SAVE system, the county agency is to include a copy of the "Additional Verification Result" for the case record.

(3) A third-level review is to be completed when SAVE needs to review a copy of the applicants immigration documents to issue a verification response. When submitting a third-step verification, the county agency is to scan and upload any relevant immigration/citizenship documents to SAVE.

(C) How does SAVE verification affect eligibility?

SAVE verification only provides information regarding alien status and eligible alien status is to be determined in accordance with rule 5101:4-3-07 of the Administrative Code.

(1) No eligibility determination is delayed, denied, reduced or terminated solely because of pending SAVE verification.

(2) When an individual appears eligible with available USCIS documentation and all other program eligibility criteria are met, the county agency shall issue benefits to the assistance group while awaiting a response from USCIS.

(3) When the county determines an alien is ineligible after using the SAVE system, the county agency shall send prior notice of adverse action to the assistance group in accordance with the provisions described in rule 5101:6-2-04 of the Administrative Code.

(4) The provisions described in accordance with rule 5101:4-8-15 of the Administrative Code are applicable when payments have been erroneously issued.

(D) What are allowable uses of information received through the SAVE program?

The county agency shall use information obtained through the SAVE program only for:

(1) Verifying the validity of documentation of alien status presented by an applicant;

(2) Verifying an individual's eligibility for benefits;

(3) Investigating whether participating assistance groups received benefits to which they were not entitled, when an individual was previously certified to receive benefits on the basis of eligible alien status; and

(4) Assisting with or conducting administrative disqualification hearings, or criminal or civil prosecutions based on receipt of SNAP benefits to which participating assistance groups were not entitled.

Last updated December 1, 2023 at 9:44 AM

Supplemental Information

Authorized By: 5101.54
Amplifies: 329.04,329.042, 5101.54
Five Year Review Date: 6/1/2026
Prior Effective Dates: 5/1/1999, 3/1/2011, 2/1/2016