(A)Who is
considered a boarder?
Boarders include:
(1)Individuals
or groups of individuals who live with someone who is providing their meals and
lodging in exchange for a "reasonable amount" of money; and
(2)Adults or
children placed in foster care by a government agency;.
(3)Children for whom guardianship payments
are received as defined in rule 5101:4-1-03 of the Administrative Code; and
(4)Children for whom kinship support
payments are received as defined in rule 5101:2-42-18.2 of the Administrative
Code.
(B)How is a
"reasonable amount" determined for meals and lodging?
To determine if when an individual is paying a reasonable amount for
meals and lodging, only the amount paid for meals shall be used. A reasonable
monthly payment shall be either of the following:
(1)For
individuals who are provided more than two meals a day, reasonable compensation
shall be an amount that equals or exceeds the maximum monthly supplemental
nutrition assistance program (SNAP) allotment for the appropriate size of the
boarder household; or
(2)For
individuals who are provided two meals or less per day, reasonable compensation
shall be an amount that equals or exceeds two-thirds of the maximum monthly
SNAP allotment for the appropriate size of the boarder household.
(C)Are boarders
eligible to receive SNAP?
(1)Boarders are
not eligible to participate in SNAP by themselves.
(2)Boarders may
participate as a member of the assistance group providing their meals and
lodging, only at the assistance group's request.
(D)How is a
boarder's income and resources counted for the assistance group?
(1)The income
and resources of a boarder who is not included as a member of the assistance
group are not counted toward the assistance group. The
amount of payment that the boarder gives the household is considered
self-employment income.
(2)When the
boarder is an assistance group member, his or her income and resources are
available to the assistance group and are counted in the eligibility
determination as described in division 5101:4 of the Administrative Code.
(3)Foster care payments for children or
adults who are members of the assistance group shall be considered unearned
income when received by the assistance group.
(E)How is the
payment from boarders counted for the assistance group?
(1)Payments from
a boarder, except individuals in foster care, shall be treated as
self-employment income.
(2)The income
from boarders shall include all direct payments to the assistance group for
meals and lodging, including contributions to the assistance group's shelter
expenses. Shelter expenses paid directly by boarders to someone outside of the
assistance group shall not be counted as income to the assistance group.
(3)The income of
the assistance group owning and operating a commercial boarding house shall be
handled as self-employment income and the criteria in rule 5101:4-6-11 of the
Administrative Code shall apply.
(4)Foster care payments for children or
adults,guardianship payments for children, and kinship support payments for
children, who are members of the assistance group are to be considered unearned
income when received by the assistance group.
(F)How is the
cost of doing business determined?
In determining the income received from boarders, the county
agency shall exclude the portion of the boarder payment that is a cost of doing
business. The amount allowed as a cost of doing business shall not exceed the
payment the assistance group receives from the boarder for lodging and meals.
The county agency may elect one of the following methods to determine the cost
of doing business:
(1)The maximum
monthly SNAP benefit for an assistance group that is equal to the number of
boarders; or
(2)The actual
documented cost of providing lodging and meals, when the actual cost exceeds
the appropriate maximum monthly benefit amount or the self- employment standard
deduction as set forth described
in rule 5101:4-6-11 of the Administrative Code. When actual costs are
used, only separate and identifiable costs for lodging and meals shall be
excluded.
(G)What
deductible expenses are used to determine the monthly allotment?
The net income from self-employment shall be added to other
earned income and the twenty per cent earned income deduction is applied to the
total. Shelter costs the assistance group actually incurs, even if when the boarder
contributes to the assistance group's shelter expenses, are computed to
determine if when the
assistance group will receive a shelter deduction. The shelter costs shall not
include any shelter expenses directly paid by the boarder to a third party,
such as the landlord.
Effective: 4/1/2021
Five Year Review (FYR) Dates: 1/15/2021 and 04/01/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 03/22/2021
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 5101.54, 329.04, 329.042, 5101.884
Prior Effective Dates: 06/02/1980, 04/01/1989, 01/01/1995,
02/01/1999, 06/01/2001 (Emer.), 08/27/2001, 03/01/2002 (Emer.), 05/13/2002,
05/01/2006, 08/01/2011, 09/01/2016