Rescinded per FATL 322

Public assistance (PA)assistance groups (AGs)PA AGs are those receiving Ohio works first (OWF) or disability financial assistance (DADFA) as defined in rule 5101:4-1-03 of the Administrative Code.

(A)The county agency must notify AG'sAGs applying for public assistance (PA) of their right to apply for food stamp benefits at the same time and must allow them to apply for food stamp benefits at the same time they apply for PA benefits.

(B)The county agency must also notify such AGs that time limits or other requirements that apply to the receipt of PA benefits do not apply to the receipt of food stamp benefits, and that AGs which cease receiving PA benefits because they have reached a time limit, have begun working, or for other reasons, may still qualify for food stamp benefits.

(C)If the county agency attempts to discourage AGs from applying for cash assistance, it shall make clear that the disadvantages and requirements of applying for cash assistance do not apply to food stamps stamp benefits. In addition, it shall encourage applicants to continue with their application for food stamps stamp benefits.

The county agency shall inform AGs that receiving food stampsstamp benefits will have no bearing on any other program's time limits that may apply to the AG.

(D)County agencies must base the eligibility and benefit levels of all AGs solely on food stamp eligibility criteria unless the AG is categorically eligible.

(E)The county agency must certify jointly processed and categorically eligible AGs in accordance with food stamp procedures, timeliness, and notice requirements, including the expedited service provisions of rule 5101:4-6-09 of the Administrative Code and the normal thirty day application processing standards specified in rule 5101:4-2-11 of the Administrative Code.

(F)Individuals authorized to receive OWF, supplemental security income (SSI), or DADFA benefits are considered recipients of benefits from those programs. In addition, the following persons are considered recipients:

(1)Individuals authorized to receive benefits, but who have not yet received payment;

(2) Individuals whose benefits are being suspended or recouped; and

(3)Individuals entitled to benefits, but are not paid such benefits because the grant is less that the minimum benefit.

The county agency may not consider as recipients those individuals not receiving OWF, DADFA, or SSI benefits who are entitled to medicaid only.

(G) Applicant PA assistance group

(1) When a joint PA/food stamp application is used, the application may contain all the information necessary to determine an AG's food stamp eligibility and level of benefits. Information relevant only to food stamp eligibility must be contained in the form or must be an attachment to it. The joint application must clearly indicate that the AG is:

(a) Providing information for both programs;

(b)Subject to the criminal penalties of both programs for making false statements; and

(c)Waiving the notice of adverse action as specified in paragraph (J) of this rule.

(2)The county agency must conduct a single interview at application for both PA and food stamp purposes. An AG's eligibility for food stamp out-of-office interview provisions in paragraph (E) of rule 5101:4-2-07 of the Administrative Code does not relieve the AG of any responsibility for a face-to-face interview to be certified for PA.

(3)For AGs applying for both PA and food stamps stamp benefits, the county agency must follow the verification procedures defined in rule 5101:4-2-09 of the Administrative Code for those factors of eligibility which are needed solely for purposes of determining the AG's eligibility for food stamps stamp benefits.

(a) For those factors of eligibility which are needed to determine both PA and food stamp eligibility, the county agency may use the PA verification rules.

(b) If the AG has provided the county agency sufficient verification to meet the verification requirements of rule 5101:4-2-09 of the Administrative Code, but has failed to provide sufficient verification to meet the PA verification rules, the county agency mayshall not use such failure as a basis for denying the AG's food stamp application or failing to comply with processing requirements of rule 5101:4-5-07 of the Administrative Code.

Under these circumstances, the county agency must process the AG's food stamp application and determine eligibility based on its compliance with the requirements of rule 5101:4-2-09 of the Administrative Code.

(H) In order to determine if an AG will be eligible due to its status as a recipient PA/SSI AG, the county agency may temporarily postpone, within the thirty day processing standard, the food stamp eligibility determination if the AG is not entitled to expedited service and appears to be categorically eligible.

(1)The county agency shall postpone denying a potentially categorically eligible AG until the thirtieth day in case the AG is determined eligible to receive PA benefits.

(2)Once the PA applicant is approved, the AG is to be considered categorically eligible if it meets all the criteria concerning categorical eligibility in rule 5101:4-2-02 of the Administrative Code.

(I)If the county agency can anticipate the amount and date of receipt of the initial PA payment, but the payment will not be received until a subsequent month, the county agency shall vary the AG's food stamp benefit level according to the anticipated receipt of the payment and notify the AG.

(1)Portions of initial PA payments intended to retroactively cover a previous month shall be disregarded as a lump sum under paragraph of(B) of rule 5101:4-4-07 and paragraph (J) of rule 5101:4-4-13 of the Administrative Code.

(2)If the amount or date of the receipt of the initial PA payment cannot be reasonably anticipated at the time of the food stamp eligibility determination, the PA payment shall be handled as a change in circumstances.

(J)The county agency is not required to send a notice of adverse action if the receipt of the PA grant reduces or terminates the AG's food stamp benefits, provided the AG is notified in advance that its benefits may be reduced or terminated when the PA payment is received.

The case may be terminated if the AG is not categorically eligible in accordance with rule 5101:4-2-02 of the Administrative Code.

(K)The county agency shall ensure that the denied application of a potentially categorically eligible AG is easily retrievable.

(1)For an AG filing a joint application for food stampsstamp and PA benefits or an AG that has a PA application pending and is denied food stamps stamp benefits, but is later determined eligible to receive PA benefits and is otherwise categorically eligible, the county agency shall provide benefits using the original application and any other pertinent information occurring subsequent to that application.

(2)In situations where the county agency must update and reevaluate the original application of a denied case, the county agency shall not reinterview the AG, but shall use any available information to update the application. The county agency shall then contact the AG by phone or mail to explain and confirm changes made by the county agency and to determine other changes in the AG's circumstances have occurred.

(3)If any information obtained from the AG differs from that the county agency obtained from available information or the AG provided additional changes in information, the county agency shall arrange for the AG or its authorized representative to initial all changes, re-sign and date the updated application, and provide necessary verification.

(L)Except for residents of a public institution, who apply for SSI and food stamp benefits prior to their release from a public institution in accordance with rule 5101:4-6-19 of the Administrative Code, benefits shall be paid from the beginning of the period for which PA and SSI benefits are paid, the original food stamp application date, or December 23, 1985, whichever is later.

(M)Residents of public institutions who apply jointly for SSI and food stamp benefits prior to their release from the institution shall be paid benefits from the date of their release from the institution.

(N)Determining the beginning date of benefits

(1)In no event can benefits be provided prior to the date the original food stamp application was filed on or after December 23, 1985. Any AG that is determined to be eligible to receive PA benefits for a period of time within the thirty-day food stamp processing time, shall be provided food stamp benefits back to the date of the food stamp application.

(2)In no event shall food stamp benefits be paid for a month for which such AG is ineligible for receipt of any PA benefits for the month, unless the AG is eligible for food stamp benefits as a non-PA case.

(3)Benefits shall be prorated in accordance with rule 5101:4-4-27 of the Administrative Code.

(4)AGs that file joint applications that are found categorically eligible after being denied non-PA food stampsstamp benefits shall have their benefits for the initial month prorated from the date from which the PA benefits are payable or the date of the original food stamp application, whichever is later.

(O)The county agency shall act on reevaluating the original application either at the AG's request or when it becomes aware of the AG's PA and/or SSI eligibility. The AG shall be informed on the notice of denial as required by rule 5101:4-5-07 of the Administrative Code to notify the county agency when it learns its PA or SSI benefits are approved.

(P)The county agency mayshall not require AGs which file a joint PA/food stamp application and whose PA applications are denied to file new food stamp applications. Rather, the county agency must determine or continue their food stamp eligibility on the basis of the original applications filed jointly for PA and food stamp purposes.

The county agency must use any other documented information obtained subsequent to the application which may have been used in the PA determination and which is relevant to food stamp eligibility or level of benefits.

(Q)The county agency shall not terminate an AG's food stamp benefits solely because it has terminated the AG's PA benefits without a separate determination that the AG fails to satisfy the eligibility requirements for participation in the program. Whenever a change results in the reduction or termination of an AG's PA benefits within a food stamp certification period, the county agency must follow the procedures set forth below:

If a change in AG circumstances requires a reduction or termination in the PA payment and the county has sufficient information to determine how the change affects the AG's food stamp eligibility and benefit level, the county agency must take the following actions:

(1)If the change requires a reduction or termination of food stamp benefits, the county agency must issue a single notice of adverse action for both the PA and food stamp actions.

If the AG requests a fair hearing within the period provided by the notice of adverse action, the county agency must continue the AG's food stamp benefits on the basis authorized immediately prior to sending the notice. If the fair hearing is requested for both programs' benefits, the county agency must conduct the hearing according to PA procedures and timeliness standards specified in division-level designation 5101:6 of the Administrative Code. However, the AG must reapply for food stamp benefits if the food stamp certification period expires before the fair hearing process is completed.

If the AG does not appeal, the county agency must make the change effective in accordance with rule 5101:4-7-01 of the Administrative Code.

(2)If the AG's food stamp benefits will increase as a result of the reduction or termination of PA benefits, the county agency must issue the PA notice of adverse action, but not take any action to increase the AG's food stamp benefits until the AG decides whether it will appeal the PA adverse action.

If the AG decides to appeal and its PA benefits are continued, the AG's food stamp benefits must continue at the previous level. If the AG does not appeal, the county agency must make the change effective in accordance with the procedures specified in rule 5101:4-7-01 of the Administrative Code, except that the time limits for the county agency to act on changes which increase an AG's benefits must be calculated from the date the PA notice of adverse action expires.

(3)Termination of PA within food stamp certification period - unclear information

Whenever a change results in the termination of an AG's PA benefits within its food stamp certification period, and the county agency does not have sufficient information to determine how the change affects the AG's food stamp eligibility and benefit level (such as when an absent parent returns to an AG and the AG asks to have its OWF case closed without providing any information on the income of the new AG member), the county agency must take the following action:

(a)If the situation requiredrequires a reduction or termination of PA benefits, the county agency must issue a JFS 04219, "Request For Contact (RFC)" (rev.2/04) in accordance with paragraph (G)(4) of rule 5101:4-7-01 of the Administrative Code at the same time it sends a PA notice of adverse action. Before taking further action, the county agency must wait until the AG's PA notice of adverse action period expires or until the AG requests a fair hearing, whichever occur first. If the AG requests a fair hearing and elects to have its PA benefits continued pending the appeal, the county agency must continue the AG's food stamp benefits at the same level..

(b)If the AG decides not to request a fair hearing and continuation of its PA benefits, the county agency must resume action on the changes as required in paragraph (G)(4) of rule 5101:4-7-01 of the Administrative Code..

(c)If the situation does not require a PA notice of adverse action, the county agency must issue a RFC and take action in acordanceaccordance with paragraph (G)(4) of rule 5101:4-7-01 of the Administrative Code.

(d)Depending on the AG's response to the RFC, the county agency must take appropriate action, if necessary, to close the AG's case or adjust the AG's benefit amount.

(R)When the county agency makes an overall adjustment to PA payments, corresponding adjustments in an AG's food stamp benefits shall be handled as a mass change.

(1)When the county agency has at least thirty days advance knowledge of the amount of the PA adjustment, the county agency shall recompute food stamp benefits to be effective the same month as the PA change.

(2)If the county agency does not have sufficient notice, the food stamp change shall be effective not later than the month following the month in which the PA change was made. The county agency will notify adversely affected AGs of these mass changes in accordance with division-level designation 5101:6 of the Administrative Code.

(S)AG members who are required to be referred for work under OWF who fail to comply with an OWF requirement comparable to a food stamp work requirement shall be treated as though the member has failed to comply with the corresponding food stamp requirement in rule 5101:4-3-11 of the Administrative Code.

For AGs in which all members are OWF members, AG members who fail to comply with a provision of their OWF self-sufficiency contract shall be handled in accordance with rule 5101:4-3-09 of the Administrative Code.