** Archive **
PAMTL 419 (OWF and RRP: October 2000 Changes)
Public Assistance Manual Transmittal Letter No. 419
September 29, 2000
TO: All Public Assistance Manual Holders
FROM: Jacqueline Romer-Sensky, Director
SUBJECT: OWF and RRP: October 2000 Changes

The rules in this MTL, with the exception of rule 5101:1-23-01, are effective October 1, 2000. This cover letter includes a summary statement of each policy change. Each statement references the clearance control number (CCN) assigned when the policy change was placed in the clearance process.


Rule5101:1-3-15 - OWF: Penalties and Three-Tier Sanctions

This rule is being amended to clarify that a request made on the written notice of sanction is for a county conference and a state hearing and that the written notice is generated by ODJFS when an assistance group fails a provision of the self-sufficiency contract.

Also included in the rule is language that the provisions in section 5107.161 of the Revised Code and this rule do not replace the time period for requesting a state hearing and county conference. If a request is made within the 15 calendar days from the mailing of the notice, the sanction is postponed. If the request is made after the 15th day but before the 90th day, the hearing will be conducted, but the sanction is imposed. (CCN 4613)

Rule5101:1-23-01- Ohio Works First (OWF): Time Limited Receipt of Assistance

Rule 5101:1-23-01 is being amended to identify an additional situation that does not count toward the time limited receipt of assistance in the OWF program.

New paragraph (E)(11) has been added to clarify that LEAP enrollment, attendance and graduation bonuses paid to LEAP participants in accordance with the provisions set forth in rule 5101:1-23-50 of the Administrative Code, are not considered assistance for OWF time limit purposes.

The effective date of this rule amendment is October 2, 2000. The effective date of the rule is October 2, 2000, due to rule refiling timeframes. Please note that although the effective date of the rule change is October 2, 2000, the change is applicable to any situation in which a LEAP enrollment, attendance and/or graduation bonus was issued (and no OWF cash assistance benefit was also issued for the same month) from October 1, 1997.

LEAP benefits with the following issuance codes, do not count towards the OWF time limits:

  • BE - LEAP enrollment
  • BA - LEAP attendance
  • BL - auxiliary LEAP bonus
  • RL - recurring LEAP bonus

On 8/1/00, the CRIS-E system corrected prior LEAP benefits that counted toward the 36 months (reference CRIS-E bulletin dated 8/1/00 - 8/1/00). Workers do not have to make any corrections on the TLIN screen. (CCN 4623)


Rule5101:1-1-90 - Ohio Works First: State Tax Refund Offset Program (STOP)

Section 5101.184 of the Revised Code requires that the Ohio Department of Job and Family Services work with the Ohio Department of Taxation (ODT) to collect overpayments of assistance from refunds of state income taxes. Overpayments which may be collected using this method include those obtained by fraud or misrepresentation, and those resulting from error made by the recipient or by the county department of job and family services.

Beginning in January, 2001, ODJFS will refer to STOP the ADC/TANF/OWF delinquent claim debts which meet the STOP criteria. Individuals who file State of Ohio income tax returns for tax year 2000 will be subject to the offset.

A debtor whose claim is selected by CRIS-E for referral to STOP is mailed a 30-day notice of intent to offset. The notice informs the debtor concerning how to prevent the offset, and how to request a review of the intended action. Reviews are conducted by the applicable CDJFS, with second-level reviews being conducted by ODJFS. Sample formats for CDJFS review decisions are included with this transmittal.

The State Tax Refund Offset Program Review Decision - Sustained.

The State Tax Refund Offset Program Review Decision - Overruled.

Much of the offset process is automated via CRIS-E, including selection of the applicable claims, issuance of appropriate notices, crediting of offset collections, cancellation of referrals in some situations, updating the ODT concerning decreases in claim amounts, and restoration of correct claim balances when offset collection amounts are refunded to debtors. (CCN 4596)

Rule5101:1-2-40 The Refugee Resettlement Program (RRP)

The Department of Health and Human Services' Office of Refugee Resettlement (ORR) has issued final regulations for the Refugee Resettlement Program. Final rules amend current requirements governing refugee resettlement program-financial assistance (RRP-FA) and refugee resettlement program-medical assistance (RRP-MA).

Changes in the RRP program involve State options in designing RRP-FA for those refugees not eligible for Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI). States may establish the refugee cash assistance program as a public/private partnership between States and local resettlement agencies or continue the refugee cash assistance program as a publicly administered program. A decision has been made by the State of Ohio in cooperation with the Ohio Refugee and Immigrant Advisory Council (ORIAC) to align the refugee resettlement program with appropriate TANF regulations in regard to determination of eligibility, treatment of income and resources, benefit levels, and budgeting methods.

The current State Plan must be amended to reflect the alignment of the RRP program with TANF regulations. Final RRP policy must be in place by March, 2002. During the interim period, beginning with this MTL, policy language will be continuously amended until final RRP regulations are in place.

Throughout the entire rule, the county department of human services (CDHS) will be changed to county department of job and family services (CDJFS) and the Ohio department of human services (ODHS) will be changed to the Ohio department of job and family services (ODJFS).

Ohio Bureau of Employment Services (OBES) offices, now part of ODJFS will be referred to within this rule as local employment services.

Paragraph (A)(2) and (A)(5) of Administrative Code rule 5101:2-40 has been deleted to remove reference to obsoleted alien statuses within the refugee resettlement program.

Paragraph (A)(6) adds Cuban and Haitian entrants in accordance with Part 401 under the authority of section 412(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1522 (a)(9)).

Paragraph (C) requires the CDJFS to notify the local resettlement agency when a refugee applies for cash assistance.

Paragraph (H)(3) has been revised to allow Asylees to be eligible for assistance and services beginning on the date that they are granted asylum.

Paragraph (V) has been revised to reemphasize the requirement that CDJFS shall require a reapplication when RRP program eligibility is to end to determine potential eligibility for OWF or DA due to changed circumstances.

Paragraph (Y) has been revised to reflect Section 412(e)(2)(b) of the INA which prohibits RRP-FA for full-time students in higher education. Professional refresher training and other recertification services are limited to individuals who are employed.

Paragraph (Z)(3) requires that any cash grant provided to a refugee applicant by the Department of State or Department of Justice Reception and Placement programs shall not be considered in determining program eligibility and grant amount. (CCN 4620)