On July 3, 2023, Amended Substitute House Bill 33 of the 135th General Assembly was signed into law removing the requirement that a woman must be in her sixth month of pregnancy to receive Ohio Works First benefits. Therefore, rules 5101:1-1-01, 5101:1-2-50, 5101:1-3-01, 5101:1-23-40 of the Ohio Administrative Code have been updated. Additionally, Ohio Administrative Code rules 5101:1-3-12.3, and 5101:1-3-12.6 have been amended to clarify that a work eligible individual is to be placed in and participating in a work experience or community service activity in order for a private or government entity to be required to pay premiums to the bureau of workers' compensation on account of the work eligible individual unless a county agency pays the premiums for the entity.

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 changes will become effective on 10/1/2023.

Chapter 2000

5101:1-1-01 "Temporary Assistance for Needy Families Definitions."

This rule describes the definitions related to the temporary assistance for needy families (TANF) program that are contained in federal regulations and set forth in the Revised Code. OFA amended this rule. Changes to the rule include: 

• Paragraph (Q)(1) was amended to remove the requirement that the married minor has to be at least six months pregnant in order to be considered a minor head of household. This paragraph has been updated to reflect that the minor head of household is married, pregnant and a member of an assistance group that does not include an adult.

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

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

• Paragraph (D)(4) was amended to remove the requirement that a pregnant woman must be in her sixth month of pregnancy.  This paragraph has been updated to state an assistance group containing only a pregnant woman can be an all-family assistance group; and
• Paragraph (H)(3) was amended to correct rule citations to (H)(1)(a) or (H)(1)(b).

5101:1-3-12.3 "Work Experience Program."

This rule describes the work experience program (WEP) for Ohio Works First participants. OFA amended this rule. Changes to the rule include: 

• Paragraph (D)(4) was amended to clarify that a work eligible individual is to be placed in and participating in a WEP activity in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the work eligible individual unless a county agency pays the premiums for the entity.

5101:1-3-12.6 "Community Service."

This rule describes the community service program for Ohio Works First participants. OFA amended this rule.  Changes to the rule include: 

• Paragraph (F) was amended to clarify that a work eligible individual is to be placed in and participating in a community service activity in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the work eligible individual unless a county agency pays the premiums for the entity; and
• Minor language changes were made to improve clarity.

5101:1-23-40 "Ohio Works First: Payments."

This rule describes payments for the Ohio Works First program. OFA amended this rule. Changes to the rule include: 

• Paragraph (B)(4)(a)(i) was amended to remove the requirement that a woman is at least in her sixth month of pregnancy and has been updated to state that pregnancy is met when it is medically verified that the woman is pregnant; and
• Minor language changes were made to improve clarity.

Chapter 4000

5101:1-2-50 "Ohio Works Now."

This rule describes Ohio Works Now eligibility requirements, the methods of issuance, the amount and duration determination process and the county agency's responsibility in the case of erroneous payments or fraud.  OFA amended this rule. Changes to the rule include: 

• The word "statewide automated eligibility system" was replaced with "Ohio benefits integrated eligibility system"; and
• Paragraph (A)(2)(a) was amended to remove the requirement that a woman is at least in her sixth month of pregnancy and has been updated to state a pregnant woman with no other children.