• TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDS)
• REDUCTION OF PUBLIC ASSISTANCE BENEFITS DUE TO AG'S FAILURE TO PERFORM AN ACTION REQUIRED UNDER A FEDERAL, STATE, OR LOCAL MEANS TESTED PROGRAM
• OHIO WORKS FIRST FOOD STAMP ASSISTANCE GROUPS SANCTIONS AND DISQUALIFICATIONS
• OCTOBER 1, 2001 RULE REVIEW
• MISCELLANEOUS

These rules were proposed to be effective October 1, 2001. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on October 1, 2001. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

This transmittal letter amends Food Stamp Program regulations to implement several provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and reflects changes in the final rule that was published in the January 17, 2001 Federal Register.

All rules in this FSTL were reviewed in accordance with the Ohio Revised Code Section 119.032. Each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose. Rules reviewed include the following:

5101:4-1-03, 5101:4-2-03, 5101:4-2-07, 5101:4-3-09, 5101:4-3-11, 5101:4-3-20, 5101:4-5-15, 5101:4-6-15, 5101:4-6-16, 5101:4-8-03

5101:4-2-03: AG definition, non-AG members eligible to participate as separate AGs, non-AG members ineligible to participate as separate AGs, and ineligible AGs

Individuals who are serving a sanction/disqualification in accordance with rule 5101:4-3-09 and individuals who are ineligible due to reaching the time limit for able-bodied adults without dependents have been added to the list of non-AG members ineligible to participate as separate AGs.

5101:4-2-07: Interviewing AGs

Language is being added to require county agencies to inform applicants of situations in which the face-to-face office interview can be waived due to hardship. Hardship includes illness, transportation problems, care of a household member, prolonged severe weather, or work or training hours which prevent the AG from completing an in-office interview.

Rule 5101:4-3-09: Ohio works first food stamp assistance group sanctions and disqualifications

At the time the PRWORA was enacted, the law allowed states to use the rules and procedures that apply under Title IV-A to impose the same sanctions for OWF food stamp AGs which was interpreted to mean that the OWF applicant could be subjected to the sanction process. However, the final rule published in the January 17, 2001 Federal Register contains directives on the treatment of applicants in the sanction process. The requirements of CFR 273.11(k)(2) do not allow sanctions or disqualifications of an initial applicant under the provisions of this rule. The individual must be receiving OWF and food stamp benefits in order for a sanction or disqualification to be imposed.

Clarification has been provided on situations which would not result in a sanction or disqualification. Those situations include AGs reaching the OWF time limit, failing to complete the reapplication process, and failing to perform a purely procedural requirement such as signing the self-sufficiency contract or providing required verification.

Situations which would result in a sanction or disqualification are called substantive requirements which are defined as a behavioral requirement in the OWF program designed to improve the well-being of the recipient family such as participating in job search activities or compliance with another provision of the self- sufficieny contract.

FNS has clarified that the county agency must end the food stamp sanction or disqualification if it becomes aware that the individual has become ineligible for OWF for some other reason. For example, if an AG is serving a sanction for failing to comply with a provision of the self-sufficiency contract and during that sanction period the children are removed from the home, the county agency must end the food stamp sanction because there is no longer potential eligibility for OWF. If a sanction or disqualification is still in effect at the end of one year, the county agency must review the case to determine if the sanction or disqualification continues to be appropriate. Sanctions or disqualifications that extend beyond one year must be reviewed at least annually but may be ended at any time by the county agency. If, for example, an AG is sanctioned in the OWF program and the AG subsequently decides that they do not wish to participate with OWF after serving the minimum sanction period, the county agency should reeavaluate the AG's food stamp situation.

Rule 5101:4-3-20: Able-Bodied Adults Without Dependents

Section 824 of the PRWORA limits the receipt of food stamps for certain able-bodied adults without dependents (ABAWDs) to three months in a thirty six months period unless the individual is either working at least half-time, participating in an approved work program for at least 20 hours per week or participating in a workfare progam. The rules and regulations published in the Federal Register on January 17, 2001 permit unpaid work and work for in-kind services to count as "work" for purposes of fulfilling the work requirement. An example of in-kind services is working in exchange for commodities.

The regulations now allow county agencies to determine good cause for missing work for circumstances beyond the AG member's control. These conditions include, but are not limited to, illness, illness of another AG member requiring the presence of the member, an AG emergency, or the unavailability of transportation.

Previously, hours spent on Job Search and Job Search Training activities could not be considered in meeting the 20 hour per week minimum. Effective 10/1/01 Job Search and Job Search Training can now be included as a subsidiary component of the requirement as long as the activity is less than half of the requirement. Job search and Job Search Training hours are only allowable as a subsidiary component in an employment and training program. Workfare such as WEP and self-initiated community services should not contain these subsidiary components.

The Food and Nutrition Service (FNS) has clarified that all adults in an AG where there is a child under age 18 are exempt. This provision applies even if the individual who is under 18 years old is not eligible for food stamps in that AG. The child's presence in the AG exempts those adults who are members of the AG.

Individuals who are ineligible due to the time limit for able-bodied adults can regain eligibility if the individual works at least 80 hours in a 30 day period. Rule 5101:4-3-20(D)(2) addresses the beginning date of benefits for individuals regaining eligibility. For individuals who are working and/or participating in a work program, benefits are prorated back to the date the eighty hours are completed. For individuals who are participating in WEP whose assigned hours are based on the allotment must have benefits prorated back to the date of application.

One of the exceptions to the work requirement for ABAWDs is for an individual to be certified as physically or mentally unfit for employment. FNS has determined that verification of a disability is not necessary if it is obvious to the eligibility worker that an individual is unfit for employment. Medical certification is only required in cases where the unfitness is not evident to the county agency. In these cases, a statement from a nurse, nurse practitioner, designated representative at a doctor's office, social worker, or other medical personnel the county agency deems appropriate would suffice as a medical certification.

5101:4-6-15: Determining eligibility of households with other non-AG members

Fleeing felons and parole/probation violators are being removed from this rule; they were added to rule 5101:4-6-13 effective June 1, 2001. The income and resources of these individuals are to be counted in their entirety to the remaining AG members.

Rule 5101:4-6-16: Reduction of public assistance benefits due to AG's failure to perform an action required under a Federal, State, or local means-tested program

Section 829 of the PRWORA provides that, if the benefits of an AG are reduced under a federal, state, or local law relating to a means-tested public assistance program (OWF, SSI, or DA) for the failure of a person to perform an action required under the assistance program or for fraud, the AG may not receive an increased food stamp allotment as the result of that decrease for the duration of the reduction. Rule 5101:4-6-16(B) reiterates this language to clarify that the ban on increased benefits includes cases of fraud.

The ban on increased benefits does not apply to individuals reaching the time limit for OWF benefits, failing to reapply or complete the reapplication process for continued assistance under the other program, or failure to perform a purely procedural requirement. A procedural requirement which would not trigger a food stamp penalty is a step that an individual must take to continue receiving benefits in the public assistance program such as providing verification of circumstances or signing the self-sufficiency contract.

A substantive requirement which would trigger a food stamp penalty is a behavioral requirement designed to improve the well-being of the recipient family, such as participating in job search activities or ensuring that the children receive the proper vaccinations or complying with other provisions of the self-sufficiency contract. A substantive action must be within the power of the individual in order to trigger a food stamp penalty. For example, an individual is required to attend parenting classes as specified in the self-sufficiency contract in order to continue receiving assistance. The individual is willing to take the class but the individual is unable to because the classes are full. Therefore, failing to perform an action because the individual is unable to perform, as opposed to refusing, shall not be considered failure to perform a required action.

Further clarification has been provided that the ban on increasing food stamps only applies to individuals who are receiving food stamps and cash assistance at the time of the failure to perform a required action in a means-tested assistance program.

FNS has expanded the language regarding the length of the ban on not increasing food stamp benefits for failure to take required action or for fraud. The ban on increasing food stamps is for the duration of the reduction in the assistance program. If the ban on increased food stamps is still in effect at the end of one year, the county agency must review the case to determine if the penalty continues to be appropriate. If, for example, the AG is still not receiving assistance, it may not be appropriate to continue the penalty. The county agency must lift the ban on increasing food stamp benefits when it becomes aware that the individual is ineligible during the penalty period for some other reason.

Guidance is provided in paragraph (H)(3) of rule 5101:4-6-16 regarding AG movement within the state or if an individual moves out of state once the ban on increasing benefits is imposed. If the individual moves within the state, the prohibition on increasing benefits shall be applied to the gaining AG unless that person is ineligible for the assistance program for some other reason. If the individual moves to another state, the prohibition on increasing benefits shall not be applied.

Implementation

These provisions are effective no later than October 1, 2001 and must be implemented no later than October 1, 2001.

Rule 5101:1-2-29: Ohio works first (OWF) and DA: Failure to comply with OWF and/or DA eligibility requirements

This rule is being rescinded and the policy contained in this rule will no longer be included in the Public Assistance Manual. This rule was created to support the food stamp policy provision requiring that food stamp benefits not be increased when as assistance group lost income due to the imposition of a penalty or sanction due to a failure to comply with the cash program's eligibility requirements. The provisions contained in this rule are fully addressed in food stamp rule 5101:4-6-16.

Claim referral management

The Recipient Claim Establishment and Collection Standards Regulation 7 CFR 273.18, published on July 6, 2000, and effective August 1, 2001, requires that each state implement a process for efficient and effective management of claim referrals. Ohio's Claim Referral Plan establishes the required time lines for each step in the processing of overpayment claims. It is important that each CDJFS follow all sections of the plan and ensure that at least ninety percent of its claim complaints result in established claims, or are appropriately disposed of, according to the applicable time lines. The rule supporting this process is at Section 5101:4-8-15 of the Administrative Code. The Claim Referral Plan is being placed in the FSCH as Appendix 76. The food stamp claim process for Administrative Error (AE) and Inadvertent Household Error (IHE) referrals is Appendix 77. Appendix 78 is the process for Intentional Program Violation referrals and the process for AE and IHE referrals identified in a Quality Control Review is Appendix 79.

Miscellaneous

The definitions in rule 5101:4-1-03 have been updated to reflect current terminology. Language that is obsolete and that is no longer apprpropriate has been deleted.

Rule 5101:4-8-03 has been revised to remove language addressing overpayment claims "held in suspense" since overpayment claims are no longer held in suspense status.

Rule 5101:4-3-11 has been updated to reflect the change from Ohio Bureau of Employment Services to Employment Services and to add clarifying language.

Procedure 5, "Procedures for Work Registration" outlines the work registration referral process between the Ohio Bureau of Employment Services and the Ohio Department of Human Services. Since these agencies have merged, this procedure is no longer needed and is being eliminated.

Appendix 19, ODHS 7406, which is an example of an Authorization to Particapate (ATP) card and Appendix 20, "Household Activity Card" are obsolete because of the EBT process.

Appendix 28, "Examples of Immigration Documentation" is no longer needed since the United States Department of Justice (DOJ) information is available on the Dynaweb version of the FSCH (available through the ODJFS Innerweb).

Appendix 38, "Statement of Expected Income" (for migrant farm workers) is outdated and no longer needed.

Appendix 48, "Notice of Food Stamp Work Registration Responsibility" has been revised to reflect updated language.

Appendix 107, "Food Stamp Worksheet Supplement" is not needed since this worksheet has been incorporated into the Application Worksheet, JFS 7402-WS

MTL Instructions:

Remove and file as obsolete all pages headed 5101:1-2-29 dated January 1, 1999.

FSTL Instructions

Remove and file as obsolete the entire Table of Contents dated November 30, 1999 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-1-03 dated July 15, 1999 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-2-03 dated March 1, 2001 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-2-07 dated May 2, 1998 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete the Outline of Contents to Chapter 3000 dated 11/30/99 and replace with the attached page dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-3-09 dated December 1, 1997 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-3-11 dated December 1, 1997 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-3-20 dated October 1, 1997 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-5-05.

Remove and file as obsolete all pages headed 5101:4-5-15 dated February 1, 1999 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete the Outline of Contents to Chapter 6000 dated November 30, 1999 and replace with the attached page dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-6-15 dated February 9, 1999 and replace with the attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-6-16 dated January 2, 1998 and replace with attached pages dated October 1, 2001.

Remove and file as obsolete all pages headed 5101:4-8-03 dated May 1, 1999 and replace with attached pages dated October 1, 2001.

Remove and file as obsolete all pages of the Index and replace with the attached pages.

Remove and file as obsolete page headed Part II - Procedural Section Index dated July 1, 2001 and replace with the attached page dated October 1, 2001.

Remove and file as obsolete Procedure 5 dated July 15, 1999.

Remove and file as obsolete all pages of the Appendix Index dated October 1, 2001 and replace with the attached page dated October 1, 2001.

Remove and file as obsolete the Appendix Index page headed Appendix 64, "Consent of Disclosure" dated July 15, 1999 and replace with the attached page dated October 1, 2001.

Remove and file as obsolete Appendix 19 [example of an Authorization to Participate (ATP) card].

Remove and file as obsolete Appendix 20, "Household Activity Card".

Remove and file as obsolete Appendix 28, "Examples of Immigration Documentation".

Remove and file as obsolete Appendix 38, "Statement of Expected Income".

Remove and file as obsolete Appendix 48, "Notice of Food Stamp Work Registration Responsibility" and replace with the attached corresponding page.

Insert all pages of the "Ohio Department of Job and Family Services Claim Referral Plan" as Appendix 76.

Insert the "Food Stamp Claim Referral Process - AE and IHE Referrals - Non QC" as Appendix 77.

Insert the "Food Stamp Claim Referral Process - IPV Referrals" as Appendix 78.

Insert the "Food Stamp Claim Referral Process - AE and IHE Referrals - Identified by QC" as Appendix 79.

Remove and file as obsolete Appendix 107, "Food Stamp Worksheet Supplement".

Update Appendix 35, "Record of Changes to Handbook", with the number and date of this transmittal.