CAMTL 163 (Ohio Works First: Federal Work Participation Rates, Assistance Group Definitions, and Excluded Income)
Cash Assistance Manual Transmittal Letter No. 163
March 23, 2021
TO: All Cash Assistance Manual Holders
FROM: Matt Damschroder, Interim Director
SUBJECT: Ohio Works First: Federal Work Participation Rates, Assistance Group Definitions, and Excluded Income
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In accordance with section 106.03 of the Ohio Revised Code (ORC), each state agency is required to review each of its rules in the Ohio Administrative Code a minimum of once every five years.  The intent of the review is to ensure that Administrative Code 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, local agencies will be given increased flexibility, and any adverse impact on businesses will be eliminated or reduced.  As a result of the review, the agency may amend the rule; rescind the rule; or continue the rule without amendment.

Additionally, Ohio Administrative Code rules 5101:1-3-01, 5101:1-23-10, and 5101:1-23-20.1 have been amended due to Section 5101.884 of Amended Substitute Senate Bill 310 of the 133rd General Assembly who authorized the creation of the Kinship Support program (KSP), which will provide financial payments to kinship caregivers who receive placement of a child by a public children services agency (PCSA) and do not have a foster home certification. The KSP program requirements have been promulgated under rule 5101: 2-42-18.2 of the Ohio Administrative Code. For the purposes of Ohio Works First (OWF), KSP payments will be treated in the same manner in which foster care payments are treated for assistance groups including those individuals for whom these payments are received. Children, including minor parents, for whom KSP payments are made are not permitted to receive both KSP and OWF.

The Office of Family Assistance (OFA) has completed a review of the following rules and the rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR).  The rules will become effective on 04/01/2021.

Chapter 2000

5101:1-3-01 "Ohio Works First: Federal Work Participation Rates."

The rule describes the federal work participation requirements and activities for work eligible individuals.  OFA amended this rule.  Changes to the rule include: 

  • Paragraph (C)(1) was updated to include that a two-parent assistance group is deemed to include a child when the only minor child is in receipt of KSP;
  • Paragraph (D)(5) was updated to include that an all-family assistance group includes two-parent assistance groups when the only minor child is in receipt of KSP; and
  • Minor language changes to improve clarity.

5101:1-23-10 "Ohio Works First: Assistance Group Determination."

The rule describes the process for determining assistance group composition for Ohio Works First (OWF).  OFA amended this rule.  Change to the rule includes: 

  • Paragraph (F)(9) was added to state parents or children for whom KSP payments are made are excluded from the OWF assistance group.

5101:1-23-20.1 "Ohio Works First: Excluded Income."

The rule describes the process for determining excluded income for OWF.  OFA amended this rule.  Changes to the rule include: 

  • The term "food assistance" was replaced with "supplemental nutrition assistance program (SNAP)";
  • Updated date references to align with federal rule;
  • Added 45 C.F.R. 233.53 to paragraph (B)(13) to align with federal rule;
  • Removed Aroostook Band of Micmac's in paragraph (B)(14) as this has been omitted from federal rule;
  • Paragraph (B)(19) was added to state KSP payments are excluded as income for OWF; and
  • Minor language changes to improve clarity.