This letter transmits revisions to rules with the proposed effective date of January 1, 2009. If there are any changes made to any of the rules during the JCARR review period, corrected rules will be sent out in a future 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 into the clearance process.

Background

On June 18, 2008, the Food Stamp Program was reauthorized under The Food, Conservation, and Energy Act of 2008 (FCEA)(Public Law [PL] 110-246), otherwise known as the "Farm Bill."

A provision of the Farm Bill eliminates the cap on the deduction for dependent care expenses for the food assistance program. An administrative decision was made to align the cash programs with the food assistance program. The cap was removed in the food assistance program effective October 1, 2008. For the Ohio Works First (OWF), Refugee Cash Assistance (RCA) and Disability Financial Assistance (DFA) programs, the cap on the dependent care deduction for nonpublicly funded dependent care expenses/costs for a child or incapacitated adult is being eliminated, effective January 1, 2009. The actual verified dependent care costs are to be utilized in calculating eligibility and benefit amounts for cash assistance programs.

With the passage of Amended Substitute House Bill 119 of the 127th General Assembly, Section 5107.04 of the Revised Code was amended to provide for an increase in the OWF payment standard on January 1, 2009, and the first day of each January thereafter by the cost-of-living adjustment (COLA) that occurs in the previous year. The COLA is announced by the Social Security Administration in mid-October. On October 16, 2008, the COLA increase of 5.8% was announced. The OWF payment standards have been updated based upon the COLA. The standards for the RCA program follow OWF and have been increased.

Chapter 2000

Rule 5101:1-23-20: Ohio Works First (OWF): income and eligibility. (CCN 6334)

The rule has been amended to eliminate the reference to the dependent care cap. The CDJFS must exclude the actual verified dependent care costs of the assistance group for nonpublicly funded dependent care for a child or an incapacitated adult who is residing in the home.

This provision is also applicable to the RCA program as the income eligibility and budgeting requirements of the OWF program are also used in the RCA program.

Bona fide loans and payments received under the Maine Indian Claims Settlement Act of 1980 and income tax refunds are exempt sources of income that are presently referenced in rule 5101:4-4-13 of the Administrative Code and therefore have been removed from this rule.

Reference to the Employment Retention Incentive program has been removed as this statewide program ended in 2007 and the rule has been rescinded.

Reference to child support distributions made pursuant to division (C) of Section 1 of Amended Senate Bill 170 of the 124th General Assembly has been removed as these payments have ceased.

The chart containing the OWF and the 90% payment standards has been revised to reflect the 5.8% COLA increase.

Chapter 3000

Rule 5101:1-5-40: Disability Financial Assistance (DFA): income. (CCN 6334)

The rule has been amended to eliminate reference to the dependent care cap. The CDJFS must exclude the actual verified dependent care costs of the assistance group for nonpublicly funded dependent care for an incapacitated adult or child who is residing in the home.

CRIS-E Changes

A mass change is scheduled to run in CRIS-E over the Thanksgiving weekend to remove the dependent care cap and increase the OWF and RCA payment standard. Table TOWF has been updated with the new OWF grant amounts that will go into effect on January 1, 2009. A CLVB will be issued with the details of the system changes.

Instructions