Section 119.032 of the Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration the rule's purpose and scope. In addition, the intent of the review is to ensure that rules are clear and concise as written, program requirements are accurate and up-to-date, unnecessary paperwork is eliminated, and when possible, local agencies are given more flexibility.

This letter transmits changes with the proposed effective date of October 1, 2005. If there are any changes made to any of the rules contained in this CAMTL during the JCARR review period, corrected rules will be sent out in the next CAMTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed in the clearance process.

CHAPTER 1000

5101:1-2-85 New hire reporting program (W-4). (CCN 5483)

Acronyms and revision dates have been updated where appropriate, resulting in no significant change to policy.

CHAPTER 2000

5101:1-3-01 OWF: definitions of assistance group composition for work participation rates (CCN 5482)

This rule has been reviewed in accordance with the five-year rule review provisions set forth in Section 119.032 of the Revised Code. There are no substantive changes proposed to the rule as a result of our review; however clarifying language has been added to paragraphs (A) and (A)(2).

Paragraph (A) is modified to add clarifying language to make clear that the definition of a 2-parent assistance group excludes situations when both parents are minors and neither is a minor head-of-household. Paragraph (A)(2) is also modified to make clear that when a 2-parent family includes a disabled parent, the family is excluded from the 2-parent rate for work participation rate purposes.

Paragraph (B)(3) is also modified for clarity. There is no policy change contained in the modification to this paragraph.

5101:1-3-02 Ohio works first (OWF): school attendance. (CCN 5483)

Acronyms and revision dates have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-03 Ohio works first (OWF): residence and living arrangement requirement. (CCN 5483)

Acronyms and revision dates have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-04 Ohio works first (OWF): temporary absence. (CCN 5483)

Clarification was added to paragraph (A)(3) stating a newborn is considered to be living with the assistance group (AG) when born. When the mother goes to the hospital and gives birth and the newborn remains in the hospital after the mother is discharged, the newborn is considered to have shared the home with the AG and if the other temporary absence conditions and OWF eligibility requirements are met the newborn is in the home for purposes of eligibility under OWF. This information was formerly issued as a policy clarification.

Acronyms and revision dates have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-04.1 Ohio works first (OWF): shared parenting (joint custody). (CCN 5483)

Acronyms have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-07Ohio works first (OWF): evidence of age, citizenship, and identity. (CCN 5483)

Documents used to verify identity in paragraph (C)(1) include the documents listed but are not limited to those documents. For instance, the JFS 07355 "Notice of Application for Social Security Number" contains a comprehensive listing of documents that the Social Security Administration (SSA) uses for evidence of identity which may also be used by the CDJFS.

In paragraph (D) of this rule the Northern Mariana Islands and Swain's Island were added to the list that refers to "U.S.-born".

Acronyms and spelling have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-09 Ohio works first (OWF): social security number requirement.

(CCN 5483)

The title language was changed to remove reference to Refugee Cash Assistance (RCA) because the social security number requirement does not apply to RCA. Per rule 5101:1-2-40(E)(3) of the Administrative Code, "Disclosure of a social security number is not required for RCA."

Acronyms and revision dates have been updated where appropriate, resulting in no significant change to policy.

5101:1-3-16 The Subsidized employment program (SEP) and PRC Employer Subsidy Program (CCN 5496)

Former rule 5101:1-3-16 has been rescinded, is replaced by new rule 5101:1-3-16 and retitled as "The Subsidized Employment Program and PRC Employer Subsidy Program."

Section 5107.52 of the Ohio Revised Code establishes the Subsidized Employment Program (SEP) as a work activity under Ohio Works First (OWF). Chapter 5108 of the Ohio Revised Code establishes the Prevention, Retention, and Contingency (PRC) program under which a county department of job and family services (CDJFS) may establish an employer subsidy program. The new rule includes language that addresses both the SEP and the PRC subsidy programs.

A few changes were made to the rule as a result of the clearance comments. Those changes are: 1) Language was added to Paragraph (A)(4) to say that full time and part time employment is defined by the employer; 2) Language was added to paragraph (A)(7) to make the requirement to retain the employee at the end of the subsidy period less restrictive; 3) Clarifying language was added to paragraph B, CDJFS responsibilities; and 4) Language was added to paragraph (C)(1)(a) to say that the monthly subsidy amount can be up to three hundred fifty dollars as determined by the CDJFS.

The new rule contains the following format and language changes:

Paragraph A

This section contains a general description and basic requirements for a SEP and/or PRC subsidy program. The requirement that the SEP position must be full time for at least thirty hours per week has been changed. The reissued rule states that the subsidized job may be full or part time which is defined by the employer. This change was made to conform to Ohio Revised Code Section 5107.52 which allows SEP positions to be full or part time. Language also was added to Section A which requires the employer to agree to retain the participant after the subsidy period ends for a period mutually agreed upon by the employer and the CDJFS.

Paragraph B

This section contains new language that was added to the rule. This language outlines the requirements of the CDJFS.

Paragraph C

This section outlines the requirements that are specific to SEP payments to employers and to OWF recipients participating in SEP. Language was added to clarify that SEP payments to employers would be monthly and the monthly subsidy amount can be up to three hundred fifty dollars as determined by the CDJFS. The requirements for SEP payments do not apply to a county PRC subsidy program although a county might want to consider implementing the same requirements for consistency.

Paragraph D

This section contains language that is specific to county PRC subsidy programs.

5101:1-23-20 OWF: income and eligibility (CCN 5482)

This rule is being amended to add clarifying language in several paragraphs within the rule. It is also being reviewed as a 5-year rule review, as the 5-year review is currently scheduled for 07/01/2007.

Language was added to include reference to specific paragraphs in the OWF standard filing unit rule (5101:1-23-10) at paragraph (D)(1)(a)(i). This modification and related others (specifically, paragraphs (D)(2), (G)(1), (G)(5), and (H)(3),) were made to ensure that the earned income of a parent who is not eligible for OWF due to citizenship is counted in the OWF allocation budgeting methodology. Essentially this means that a portion of the ineligible alien parent's income is disregarded to address his financial needs, prior to the rest of his income being counted as available unearned income which is counted dollar for dollar toward the eligibility of the eligible OWF assistance group members.

The other main reason for the modification was to add clarifying language regarding allocating income in minor parent situations contained in paragraph (G)(3) of the rule. This is not a change in policy, but rather a clarification of existing policy, as the policy has been misapplied in the past. Language was added to make it clear that if the minor caretaker is not included in the OWF AG with her minor child (e.g. the minor parent is receiving SSI benefits), it is not appropriate to allocate income to the OWF AG containing only the minor child from the excluded minor caretaker's parent(s).

Similar clarifying language was also added in paragraph (G)(2) that states that it is not appropriate to allocate income from a stepparent to an OWF AG containing his/her stepchildren if the natural or adoptive parent is not included in the OWF AG with the children.

There are also a few amendments - one typographical/formatting correction at paragraph (E)(3), and removal of a reference to excluded income for temporary employment in the 2000 decennial census - specifically, we retained the exclusion of income received from temporary employment in a decennial census - we simply removed "2000", in preparation for future decennial census.

The two additional October 1, 2005 OWF income changes, including changes to rule 5101:1-23-20, required by Am. Sub. H.B. 66 are:

The OWF payment standards are increased up to 10%; and

The OWF initial eligibility threshold has been indexed up to 50% of the federal poverty level. The income threshold figures are not included in rule, as they were previously set forth in the Revised Code. However, the indexed figures have been calculated and will be provided to you prior to October 1, 2005.)

We have notified MIS of these changes and work is underway and scheduled for completion prior to the effective date of the rule. This will ensure that the changes are programmed, mass change processes are in place, the new values are included in affected tables and ready for eligibility determinations that affect October 1, 2005 benefits. A view flash bulletin will be issued prior to the mass change being run in CRIS-E.

5101:1-24-20 Prevention, retention and contingency (PRC) program: excluded income and resources (CCN 5439)

This rule has been rescinded and is replaced by new rule 5101:1-24-20. The new rule includes additional sources of income that must be excluded in determining eligibility for PRC benefits and services. Excluded income for purposes of this rule includes all income that is federally excluded in determining eligibility for federal needs-based programs; income that is excluded for food stamp and OWF eligibility purposes; the amounts of drug discounts and transitional assistance received under the Medicare Prescription Drug, Improvement, and Modernization Act; monetary allowances under Section 401 of the Veteran's Benefits and Health Care Improvement Act of 2000; and child support payment distributions made by ODJFS pursuant to division C of Section 1, Amended S.B. 170 of the 124th General Assembly.

CAM Appendix

JFS Forms

One form has been removed from the Forms appendix with this CAMTL. The following form has been removed from the CAM because it was obsolete and replaced by the SAVE Document Verification Request (Form G 845S) in MTL 429, effective 3/1/02.

INSTRUCTIONS: