(A)Conflict with
Revised Code
(1)Section (5) of
Amended Substitute Senate Bill 238 of the 126th General Assembly (9/2006) sets
forth the following provision: Not later than September 30, 2006, the director
of job and family services shall adopt rules as necessary for the state to
comply with 42 U.S.C. 607(i)(2) (8/1996). When necessary to bring the state
into compliance with 42 U.S.C. 607(i) (2) (8/1996), the rules may deviate from
Chapter 5107. of the Revised Code. Rules adopted under this section that govern
financial and other administrative requirements applicable to the department of
job and family services and county departments of job and family services shall
be adopted in accordance with section 111.15 of the Revised Code as if they
were internal management rules. All other rules adopted under this section
shall be adopted in accordance with Chapter 119. of the Revised Code.
(2)The county
agency shall administer the penalty provisions under the Ohio works first (OWF)
program in accordance with the requirements contained in this rule and not in
accordance with section 5107.36 of the Revised Code.
(3)All applicable
requirements contained in the Revised Code section referenced in paragraph (A)
(2) of this rule have been incorporated in this rule.
(B)Who shall be
included in the assistance group determination?
The following individuals shall be included in the assistance
group when residing in the same household, unless ineligible or excluded in
accordance with paragraph (E) or (F) of this rule:
(1)A minor child
who is determined eligible for OWF;
(2)All natural or
adoptive parents of the minor child; and
(3)All minor
siblings living with the minor child.
(C)What are the
required living arrangements for minor parents to receive OWF?
A minor parent with a child may be eligible when they are
residing in one of the following living arrangements:
(1)A minor
parent and his or her eligible dependent child(ren) living independently.
(a)The minor
parent may be eligible only when the minor parent has been or is married; or
(b)Residing in
an approved adult-supervised living arrangement as described in section 5107.24
of the Revised Code.
(2)A minor
parent and his or her eligible dependent child(ren) residing with the minor
parent's parent(s).
(a)When the minor
parent’s parent(s) is either receiving or is requesting OWF, there shall be one
OWF assistance group that consists of the eligible child(ren), minor parent and
minor parent's parent(s) and dependent siblings of the minor parent.
(b)When the minor
parent’s parent(s) is self-sufficient or is not requesting assistance, the
assistance group shall consist of the minor parent and his or her child(ren).
The income of the minor parent's parent(s) is allocated when determining
eligibility for the assistance group as described in rule 5101:1-23-20.2 of the
Administrative Code.
(D)When may a
specified relative be included in an assistance group?
(1)A specified
relative may be included in the assistance group when he or she has no eligible
children of his or her own, resides with a child(ren) who meets a degree of
relationship as described in section 5107.02 of the Revised Code, and chooses
to be included in the assistance group with the child(ren).
(a)When a
specified relative chooses to be included in the assistance group with the
child(ren), the specified relative's income is considered in determining the
eligibility of the assistance group as described in rule 5101:1-23-20 of the
Administrative Code.
(b)When the
specified relative has a spouse, the spouse cannot be included in the
assistance group. The income of the spouse shall be allocated to the assistance
group consisting of the specified relative and child(ren) as described in rule
5101:1-23-20.2 of the Administrative Code.
(2)A specified
relative who resides with both his or her biological or adoptive child(ren) and
the child(ren) who meets a degree of relationship, as described in section
5107.02 of the Revised Code, shall only be included in the assistance group
with his or her child(ren).
(a)OWF
eligibility for the assistance group containing the other related child(ren)
shall be determined separately and independently of the assistance group
containing the specified relative and his or her biological or adoptive
child(ren). Income of the specified relative shall not be considered in
determining eligibility of the assistance group with00 the related child(ren).
(b)When the
children who meet a degree of relationship are half-siblings to the specified
relative’s child(ren) there shall be two separate assistance groups: one
containing the specified relative and his or her child(ren); and one containing
the child(ren) who meets a degree of relationship.
(E)Who is
ineligible to be included in the assistance group?
The individuals in this paragraph are ineligible to be included
in the assistance group, but their income is used in determining the benefit
amount as described in rules 5101:1-23-20 and 5101:1-23-20.2 of the
Administrative Code. Individuals listed in this paragraph may be a required
work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the
Administrative Code.
(1)Aliens who
fail to meet the citizenship requirement as described in rule 5101:1-2-30 of
the Administrative Code.
(2)Aliens
ineligible due to sponsor income as described in rule 5101:1-2-35 of the
Administrative Code.
(3)Individuals
disqualified from OWF due to an intentional program violation for as long as
the disqualification period is applied as described in Chapter 5101:6-20 of the
Administrative Code, when the disqualification period began prior to July 1,
1998. Individuals serving an intentional program violation that began prior to
July 1, 1998, will continue to serve out the entire disqualification period,
including individuals permanently disqualified.
(4)Fugitive
felons as described in section 5101.26 of the Revised Code.
(5)Individuals
who are violating a condition of probation, a community control sanction,
parole, or a post-release control sanction imposed under a federal or state
law.
(6)Individuals
convicted in federal or state court for residency fraud as described in rule
5101:1-3-14 of the Administrative Code.
(7)Individuals
who fail to cooperate with an eligibility requirement for which there is no
penalty, such as a failure to:
(a)Provide
information about a family member required to be included in an assistance
group;
(b)Comply with an
initial eligibility requirement, such as enumeration, or
(c)Comply with
the living arrangement requirement.
(8)A teen parent
who is under the age of eighteen, and:
(a)Has a child in
his or her care at least twelve weeks of age;
(b)Has not
successfully completed high school or the equivalent; and
(c)Is not
participating in educational activities that are devoted to the receipt of a
high school diploma or its equivalent, or an alternative educational training
program defined by the county agency.
(F)Who is
excluded from the assistance group?
The following individuals and their income are not considered
when determining the assistance group and benefit amount, except for individuals
listed in paragraph (F)(5) of this rule:
(1)As described
in section 5107.11 of the Revised Code, legal guardians or custodians who do
not meet the definition of specified relative, as described in section 5107.02
of the Revised Code, and individuals not related by blood or adoption, residing
with an eligible child(ren). This also applies when a legal guardian or
custodian and his or her child(ren) are eligible for OWF, and the adult is also
the legal guardian or custodian of another child(ren) who, while not related to
the adult, is a half-sibling to the adult's child(ren). In this situation,
there shall be two assistance groups: one containing the adult and his or her
child(ren); and one containing the child(ren) for whom the adult is the legal
guardian or custodian.
(2)The father of
an unborn child, living with the pregnant mother, with no other eligible
children. The father cannot be included in the assistance group until the child
is born.
(3)Parents or
children receiving supplemental security income (SSI). A recipient of SSI shall
have the choice of receiving OWF, when eligible, or continuing to receive SSI,
but shall not receive both OWF and SSI at the same time.
(4)Stepbrothers
and stepsisters.
(5)Stepparents,
unless there is a common child. The income of a stepparent is allocated in
determining the payment amount as described in rule 5101:1-23-20.2 of the
Administrative Code.
(6)Parents or
children in receipt of federal, state or local foster care maintenance
payments.
(7)Parents or children
in receipt of federal, state or local adoption assistance payments. The
exclusion of the individual receiving the payments shall not result in lower
benefits to the assistance group than the benefits that the family would
receive when the individual and his or her income were included in the
assistance group.
(8)An adoptive or
blood-related sibling to a child for whom assistance is requested and who is
living in the home but does not meet the living arrangement requirement as
defined in rule 5101:1-3-03 of the Administrative Code.
(9)Parents or children for whom kinship
support payments are made in accordance with rule 5101:2-42-18.2 of the
Administrative Code.
(G)What are the
steps in determining the assistance group?
(1)Identify the
minor child(ren), as defined in section 5107.02 of the Revised Code, for whom
assistance is being requested. Include minor children who are temporarily
absent from the home as described in rule 5101:1-3-04 of the Administrative
Code.
(2)Add siblings
to the minor child living in the household and who also meet the definition of
"minor child." "Sibling" means any and all blood-related or
adoptive brothers and sisters who are not specifically excluded. Include
siblings who meet the temporary absence provision as described in rule
5101:1-3-04 of the Administrative Code.
(3)Add the
natural or adoptive parents of the minor child(ren) living in the household who
are not specifically excluded as described in paragraph (F) of this rule.
(a)When the child
resides with a specified relative who is in need and requesting assistance
instead of a parent, and the specified relative has no eligible biological or
adoptive children, add that individual to the assistance group.
(b)Include a
parent or specified relative in need who meets the temporary absence provision
as described in rule 5101:1-3-04 of the Administrative Code.
(c)Include a
parent or specified relative in need in the household with the minor child(ren)
who is serving house arrest as defined in section 2929.01 of the Revised Code.
(4)This is the
assistance group. When a person(s) is required to be in more than one
assistance group within the same household, then the assistance groups shall be
combined, except as provided in paragraphs (D)(2) and (F)(1) of this rule.
(5)Eligibility is
determined for the assistance group as a whole. The income provisions as
described in rules 5101:1-23-20, 5101:1-23-20.1, and 5101:1-23-20.2 of the
Administrative Code shall be applied in determining eligibility and the benefit
amount.
Effective: 4/1/2021
Five Year Review (FYR) Dates: 5/1/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 03/22/2021
Promulgated Under: 119.03
Statutory Authority: 5107.05, Section 5 of Amended Substitute
Senate Bill
238 of the 126th General Assembly
Rule Amplifies: 5107.05, 5101.884
Prior Effective Dates: 01/01/1974, 12/31/1977, 10/26/1978,
05/01/1979, 09/21/1979, 10/01/1981, 10/01/1984 (Emer.), 12/27/1984, 08/01/1986
(Emer.), 10/03/1986, 07/01/1988 (Emer.), 09/25/1988, 10/01/1989 (Emer.),
12/16/1989, 10/01/1990, 07/12/1991 (Emer.), 09/22/1991, 09/01/1993, 09/01/1994,
10/01/1996 (Emer.), 12/15/1996, 10/01/1997 (Emer.), 12/30/1997, 07/01/1998,
10/01/1999, 07/01/2001, 12/01/2002, 08/29/2003 (Emer.), 11/01/2003, 09/29/2006
(Emer.), 12/29/2006, 03/01/2012, 05/01/2017