(1)The application
process begins with a request for OWF or RCA. Upon request to apply, the county
agency is to provide the individual or authorized representative with all of
the following forms:
(a)A JFS 07200
"Application for Supplemental Nutrition Assistance Program (SNAP), Cash
Assistance, Medical Assistance or Child Care Assistance," JFS 07204
"Request to Reapply for Cash Assistance, SNAP and/or Child Care," or
the electronic or telephonic equivalent.; and
(b)A JFS 07217
"Voter Registration Notice of Rights and Declination" and a voter
registration form (for requirement and procedures of the National Voter
Registration Act of 1993 refer to rule 5101:1-2-15 of the Administrative Code); and.
(c)A JFS 07501 "Program Enrollment and
Benefit Information."
(2)Assistance
groups wanting to participate in the program(s) are to file a complete
application.
(a)An
"application" is a JFS 07200, JFS 07204, or its electronic or
telephonic equivalent; and
(b)Except as
outlined in paragraph (A)(2)(c) of this rule, a "complete
application" is an application that includes, at a minimum, the name,
address and signature of the person completing the application.
(c)A complete
telephonic application includes, at a minimum:
(i)A name,
address;
(ii)A completed
interview as described in paragraph (H) of this rule; and
(iii)A telephonic
signature of the person completing the application. A telephonic signature is
an audio recording of the assistance group's verbal assent and a summary of the
information to which the assistance group assents.
(B)When is an
application packet provided?
(1)The county
agency is to provide an application packet upon request.
(a)When the
request is made in person at the county agency, the application packet is to be
given the same day as the request.
(b)When the county
agency receives the request by telephone or letter, the application packet is
mailed the day that the request is received.
(2)The right to
apply is not to be discouraged or denied. An individual/family who appears
ineligible is allowed to apply for assistance.
(3)When an
assistance group is currently receiving supplemental nutrition assistance
program (SNAP) benefits and decides to apply for cash assistance at
recertification, a new application for cash assistance is to be filed.
(C)What are the
methods for filing an application?
(1)An assistance
group may submit an application to the county agency:
(a)In person;
(b)Through an
authorized representative;
(c)By fax;
(d)By electronic
transmission;
(e)By mail; or
(f)By telephone.
(D)Who signs the
application?
(1)The application
is to be signed by one of the following individuals in order to register the application:
(a)A payee for the
assistance group;
(b)A caretaker for
the assistance group;
(c)Another
responsible member of the assistance group;
(d)A spouse or
natural or adoptive parent of a member of the assistance group who is not an
assistance group member, who resides with the assistance group, and can
reasonably be determined to be acting responsibly for the assistance group; or
(e)An authorized
representative for the assistance group.
(2)For other
assistance groups identified on the application, an individual meeting one of
the definitions provided in paragraph (D)(1) of this rule is to sign the
application in order to register the request for assistance for the assistance
group. The county agency is to notify the potential assistance groups of this
requirement in writing no later than one working day following the interview.
(3)The types of
signatures include:
(a)Handwritten
signatures include signatures that are transmitted by facsimile or other
electronic submission. When the signatory cannot sign with a name, an
"X" is valid signature. It may be necessary for the county agency to
have a witness attest to an "X" signature. An employee of the agency
may serve as a witness.
(b)Electronic
signatures which include the following:
(i)A digital signature;
(ii)A handwritten
signature input on electronic signature pad or display screen; or
(iii)A digitized
image of a handwritten signature that is attached to an electronic record or a
typed name on an online application. This excludes telephonic signatures as
described in paragraph (A)(2)(c) of this rule.
(c)Telephonic
signatures obtained in accordance with procedures approved by the Ohio
department of job and family services.
(4)Since initial
benefits are affected by the date of application, the county agency should
provide a potential assistance group identified on the application an
opportunity to sign and complete the minimum application requirements described
in paragraph (A)(2)(b) of this rule as soon as possible.
(5)A handwritten
signature is not required when there is an electronic or telephonic signature.
Electronic and telephonic signatures have the same legal effect and are
enforced in the same way as a handwritten signature.
(E)During the
application process what other responsibilities need to be met?
(1)Each question
on the application is to be completed to the fullest extent possible and any
missing information is to be supplied during the interview or through the
required verifications.
(2)The assistance
group and/or authorized representative is to make an accurate and complete
disclosure of all information necessary for a determination of eligibility.
Such disclosure are to be made at the time of initial application, at
reapplication, and within ten days of the date that any change specifically
identified in rule 5101:1-2-20 of the Administrative Code occurs.
(3)The assistance
group’s report of an impending change in circumstances does not negate its
responsibility to report any change identified in rule 5101:1-2-20 of the
Administrative Code as reporting requirement within ten days from the date the
change actually occurs.
(4)Administrative
duties are to be performed in such a manner as to secure for every assistance
group the full amount of benefits that is legally entitled according to program
regulations.
(5)For OWF
applicants the application process includes:
(a)Prior to
authorization, the county agency is to:
(i)For each work
eligible individual between the ages of fourteen and twenty-four:
(a)Not later than seven
days from the date of application, refer the individual to a lead agency for a
comprehensive assessment conducted in accordance with rule 5101:14-1-04 of the
Administrative Code; and
(b)Ensure the
individual has signed an individual opportunity plan developed in accordance
with rule 5101:14-1-04 of the Administrative Code, that includes an assignment
to at least one comprehensive case management and employment program (CCMEP)
service or activity.
(ii)For all other
work eligible individuals, minor heads of household and adult members of the
assistance group, assess, appraise, and enter into a written self sufficiency
contract (SSC) for each work eligible individual, minor head of household and
adult member of the assistance group, in accordance with rule 5101:1-3-11 of
the Administrative Code.
(b)As agreed in
the SSC, the county agency may have a work eligible individual complete a job
search and job readiness applicant assignment as described in rule
5101:1-3-12.5 of the Administrative Code, prior to authorization of OWF
benefits as described in rule 5101:1-3-11 of the Administrative Code. In
accordance with rule 5101:9-2-02 of the Administrative Code, when the work
eligible individual discloses, has, or appears to have a physical or mental
condition that substantially limits one or more major life activities, the
county agency is to ensure that the assignment is consistent with its Americans
with Disabilities Act (ADA) of 1990 plan in accordance with rule 5101:9-2-02 of
the Administrative Code.
(F)What is the
application date and how is an application registered?
(1)The county
agency is to accept the application on the day it is turned into the county
agency. The "date of application" is the date that the county agency
receives an application for existing assistance groups completing a interview,
that contains the minimum requirements described in paragraph (A)(2)(b) or
(A)(2)(c) of this rule. When an application is submitted by fax,
electronically, or telephonic equivalent, the date of application is to be the
date the county agency receives the application. When an application is
received after business hours the date of application is the next business day.
(2)Upon receipt of
an application containing the minimum requirements described in paragraph
(A)(2)(b) or (A)(2)(c) of this rule, the county agency is to enter the
information into the statewide automated eligibility system.
(3)The county
agency is not to delay the date of application because of any local office
procedure. The date of the interview is not to be used to delay the application
date.
(4)The assistance
group is to be given the opportunity to complete and return the application on
the same date the application is requested. When this occurs, the date of
application is the same day as the request.
(5)The county
agency is to advise that the date of the application and the beginning date of
benefits are dependent upon the date the application containing the minimum
requirements described in paragraph (A)(2)(b) or (A)(2)(c) of this rule is
returned to the county agency provided all other eligibility factors are met on
or before the date received.
(6)When an
application containing the minimum requirements described in paragraph
(A)(2)(b) of this rule is returned by mail, the date of application is to be
the date the county agency receives the application. When the county agency
receives an application containing the minimum requirements described in
paragraph (A)(2)(b) of this rule from the social security administration, the
date of application for all public assistance programs, except SNAP, is to be
the date the county agency receives the application. All applications received
by mail are to be date stamped the day received.
(G) What is the role
of the county agency in the completion of the application process?
(1)The county
agency is to help complete the application when assistance is requested and no
other family member, close friend, authorized representative, or other
appropriate individual is available.
(2)When the county
agency assists or completes an application, the employee of the county agency
is to sign his or her name and title on the application.
(3)A county agency
employee is not to alter any answers given by the assistance group on the
application. The county agency employee may assist in completing the
application by asking the assistance group for answers needed to complete the
application. The county agency employee may then mark or fill in the answer on
the application.
(4)The normal
process of inputting data provided by the applicant during the interview is not
to be construed to mean that the county agency has assisted with the completion
of the application.
(5)When the
application is signed with a telephonic signature the county agency is to
provide the assistance group a written copy of the JFS 07008 "Benefit
Application Summary" form, or its electronic equivalent of the information
attested to during the interview.
(H)What are the
interview requirements?
(1)An interview is
to be scheduled as promptly as possible after the receipt and registration of
an application containing the minimum requirements described in paragraph
(A)(2)(b) of this rule, to ensure that an eligible assistance group receives an
opportunity to participate within the time frames for completion of the
application process pursuant to paragraph (L) of this rule.
(2)The interview
is used to inform the assistance group of all required verifications, the time
period that the verifications is to be submitted to the county agency, and the
responsibility of the county agency to assist when help is needed in obtaining
any items. The interview is also used to determine if the application has been
thoroughly completed and if the information provided accurately represents the
assistance group's situation.
(3)When the
primary language of the individual completing the interview is not English, the
county agency is to offer an interpreter at no cost to the individual. The
individual is not to be required to provide his or her own interpreter or use a
family member, unless they desire to do so.
(4)When the
individual who satisfies the interview requirement for the assistance group is
not an assistance group member (e.g., authorized representative), and the
county agency questions the information provided by that individual, the county
agency retains the right to contact the assistance group to clarify the
information.
(5)When the
interview cannot be conducted in the county agency offices or by telephone,
alternative locations and/or hours are to be arranged.
(I)How can the
interview be conducted?
(1)The county
agency may conduct an:
(a)Office
interview;
(b)Telephone
interview; or
(c)Home visit (as
long as it is scheduled in advance with the assistance group).
(2)The type of
interview conducted is left to the county agency's discretion unless the
applicant requests a face-to-face interview. The county agency is to grant a
face-to-face interview to any assistance group that requests one.
(J)What are the
county agency's responsibilities for the interview?
(1)The county agency is to provide:
Provide the JFS 07344 "Direct Deposit Authorization" when applicable.
(a)The JFS 07344 "Direct Deposit
Authorization" when applicable; and
(b)The JFS 07501 when one has not already
been provided.
(2)When the
statewide automated eligibility system is unavailable, the JFS 01846,
"Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview," and the JFS 07501
is to be used to conduct the interview. The applicant is
to be given a copy of the JFS 07501.
(3)Assist in
obtaining verification and completing the voter registration forms when
requested by the assistance group.
(4)Determine
eligibility as soon as possible after the application requirements are
complete.
(5)Document the
eligibility determination in the case record.
(6)Send the JFS 07092, "Notice to
Individuals Applying for or Participating in Ohio Works First (OWF) Regarding
Cooperation with the Child Support Enforcement Agency (CSEA)," to the
child support enforcement agency (CSEA) each time that an individual signs the
form to claim good cause for refusal to cooperate with child support.
(K)What is to be
covered in the application interview?
(1)The eligibility
requirements for cash programs, and SNAP, including
citizenship and immigration status social security
number requirements,issuance and use of benefits.
(2)All information contained on the JFS
07501.
(3)(2) The required verifications and information
that is to be provided. This is to include a review of those verifications
already provided and those verifications remaining to be secured. The county
agency is to also inform the assistance group of assistance that they can
provide in securing the required verifications and information.
(4)(3) The importance of abiding by the time limits
for providing the verifications and additional information. The county agency
is to emphasize that the application cannot be processed until the
verifications and additional information are submitted.
(5)(4) The joint responsibility for exploring all the
factors of eligibility and the circumstances that the assistance group is to be
held responsible for presenting records or documents in its possession to
support statements.
(6)(5) The consequences for failing to accurately
report the circumstances of the assistance group at the point of application
and later when the circumstances should change. Possible recoupment of
overpayments and/or referral to law enforcement officials for civil or criminal
prosecution could result from a failure to fully and honestly report the
circumstances at all times.
(7)(6) The availability, purpose, and provision of
appropriate social services programs within and outside the agency regardless
of an individual's receipt of financial assistance.
(8)(7) The responsibility of the parent for minor
children and spouses for each other.
(9)(8) The ability of the assistance group to meet
its needs pending the receipt of the first benefit.
(10)(9)The availability of free legal
services through legal aid.
(11)(10)An explanation of eligibility for a
pregnant minor or minor parent and child to receive assistance as described in
section 5107.24 of the Revised Code.
(12)(11)An explanation of the SSC and the time
limit requirements and extensions for the OWF program.
(13)(12)An explanation of the waiver of OWF
eligibility requirements due to domestic violence, including the good cause
exception for refusal to cooperate with child support when applicable.
(14)(13)An explanation of the individual's
rights under the ADA, including the right to request reasonable modification in
program activities.
(15)(14)During the interview, the county agency
is to offer assistance in getting any additional verifications or information
that is needed in order to process the case. The county agency is to use the
JFS 07105 "Application/Reapplication Verification Request Checklist."
The checklist is to provide a date for the return of the verifications. When
the required information and verifications are not received by this date,
benefits are denied.
(15) An explanation of the quality control
review process and the assistance group's responsibility to cooperate when the
case is selected for review.
(16) An explanation of the requirement to
report all changes within ten days of the date that the change occurred.
(17) An explanation of the right to request a
county conference or state hearing when the individual disagrees with an action
taken on the case.
(18) The county agency is to send the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works
First (OWF) Regarding Cooperation with the Child Support Enforcement Agency
(CSEA)" to the child support enforcement agency (CSEA) each time that an
individual signs the form to claim good cause for refusal to cooperate with child
support.
(L)What is the
time frame for determining eligibility?
(1)For an OWF or
RCA application, the determination of eligibility is to be completed within
thirty days from the date of application.
(a)An OWF
application awaiting completion of an applicant assignment may pend up to, but
no longer than, thirty days from the date of application before authorization.
(b)No more than
forty-five days may elapse between the date of application and the issuance of
the benefit, or the notification of the approval or denial of assistance.
(2)The time frames
may be exceeded in situations where completion of the determination of
eligibility is delayed because of circumstances that are considered beyond the
control of the county agency or assistance group such as:
(a)Failure, with
good cause, to secure necessary verifications;
(b)Failure or
delay on the part of an examining physician to provide all needed information.
(3)When
calculating the thirty or forty-five day time periods, the following provisions
are applicable:
(a)The initial day
is excluded from the computation and the last day is included;
(b)When the last
day of the time period falls on a Saturday, Sunday or legal holiday, the time
period is to end on the next working day;
(c)This method is
to be used in calculating all time periods, unless specified as working days.
(4)When the
application pends longer than thirty days, running record comments are to be
documented at least every thirty days with the reason for the delay.
(M) What are the
requirements for authorized representatives?
An "authorized representative" is an individual,
eighteen years of age or older, who is authorized to act on behalf of the
assistance group.
(1)The assistance
group is to provide a written statement naming the authorized representative
and the duties that the named authorized representative may perform on the
assistance group's behalf.
(2)When written
authorization cannot be obtained because of the individual's incompetency or
incapacity, the county agency may waive the written statement and assist in
naming a responsible party to act as authorized representative for the
assistance group.
(3)The assistance
group is responsible for notifying the county agency of any change in the named
authorized representative.
(4)When the
assistance group has an authorized representative named to act on its behalf,
all notices and correspondence issued by the county agency on behalf of the
assistance group is to be issued to both the authorized representative and the
assistance group.
(5)In situations
where an authorized representative provides incorrect or fraudulent eligibility
information, the assistance group may still be held liable for any overpayments
that occur. The authorized representative is to be held responsible for overpayments
when the authorized representative is the legal guardian or legal trustee for
the assistance group.
(6)When it is
determined that the authorized representative has given incorrect information
intentionally through no fault of the assistance group, a referral is to be
made to the county prosecutor to determine when fraud has occurred on the part
of the authorized representative. When the prosecutor's determination is that
the authorized representative committed fraud, the authorized representative
may be found liable for the overpayment.
(N)What is
considered a failure in the application process?
Failure to cooperate in the application process and the
verification requirements results in a denial of the OWF or RCA application.
Failure occurs:
(1)When the
information/verification is not provided after the county agency properly
advised what information/verification is needed to determine eligibility
provided no request for assistance in obtaining information/verification is
received by the county agency; or
(2)When the county
agency is not given necessary information to assist in obtaining the
verification needed to determine eligibility; or
(3)When the
assistance group fails to participate in a scheduled application interview.
(4)For OWF, when
any work eligible individual, minor head of household, or adult member of the
assistance group fails to enter into a written SSC with the county agency.
(O) What is the
difference between a "request for public assistance" and a
"request for information"?
The distinction is to be drawn between a "request for
public assistance" (an application) and a "request for
information" (an inquiry). An inquiry is not always going to result in an
application. Any individual has the right to apply for benefits for themselves
or on behalf of another individual.
Effective: 10/1/2023
Five Year Review (FYR) Dates: 11/1/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 09/21/2023
Promulgated Under: 119.03
Statutory Authority: 5107.05, 5107.04, 5107.03, 5107.02, 5101.49
Rule Amplifies: 5116.06, 5107.717, 5107.716, 5107.715, 5107.714,
5101.49, 5116.11, 5116.10, 5107.711, 5107.71, 5107.121, 5107.12, 5107.05,
5107.04,
Prior Effective Dates: 08/01/1975, 06/01/1976, 07/14/1977,
12/31/1977, 09/01/1982, 11/01/1984, 04/01/1986, 10/01/1987 (Emer.), 12/24/1987,
01/01/1988 (Emer.), 04/01/1988 (Emer.), 06/10/1988, 09/01/1988, 10/01/1988
(Emer.), 10/25/1988 (Emer.), 12/20/1988, 12/01/1989, 04/01/1990 (Emer.),
06/22/1990, 08/01/1990 (Emer.), 10/25/1990, 01/01/1991 (Emer.), 02/21/1991,
04/01/1991 (Emer.), 06/01/1991, 07/01/1991 (Emer.), 09/15/1991, 10/01/1991
(Emer.), 12/20/1991, 07/01/1992, 01/01/1993 (Emer.), 02/11/1993, 03/18/1993,
05/01/1993, 09/01/1993, 01/01/1994, 01/01/1995 (Emer.), 04/01/1995, 07/01/1995,
10/01/1995, 06/01/1996, 10/01/1996 (Emer.), 12/15/1996, 10/01/1997 (Emer.),
12/30/1997, 07/01/1998, 10/01/1999, 07/01/2000, 08/01/2001, 05/02/2005,
01/01/2008, 05/01/2009, 01/01/2010, 12/01/2010, 03/01/2011, 07/01/2011,
05/07/2012, 10/15/2012, 10/01/2014, 02/01/2016, 10/01/2016, 10/01/2017,
01/01/2019, 11/01/2022