This MTL transmits changes with the proposed effective date of July 1, 2001. If there are any changes made to any of the rules contained in this MTL during the JCARR review period, corrected rules will be sent out with the next MTL.

CHAPTER 1000

Rule 5101:1-2-20 OWF/DA/RRP: Verification and Reporting Requirements is being amended to state at paragraph (B)(1)(f), that DA assistance groups must report receipt of a non-recurring lump sum payment within 10 days. Previously, this paragraph was also applicable to OWF and RRP assistance groups. (CCN 4699)

CHAPTER 3000

Rule 5101:1-23-07 OWF and DA: Nonrecurring Lump-Sum Payment is being rescinded. This rule set forth the policy governing the treatment of non-recurring lump sum payments and included provisions for the calculation of future periods of ineligibility. (CCN 4699)

Rule 5101:1-23-10 OWF: Standard Filing Unit is being amended to remove policy formerly contained in paragraph (B)(3) which provided for the exclusion of individuals and/or assistance groups from the standard filing unit who were ineligible due to prior receipt of a non-recurring lump sum payment. (CCN 4699)

This rule is also amended to restore language which states that an individual who is a recipient of SSI may choose to receive OWF or SSI but cannot receive both at the same time. The absence of this language was identified as a result of a clearance comment on this rule.

Rule 5101:1-23-20 OWF: Income and Eligibility is being amended to add language to the definition of "gross unearned income" at paragraph (D)(2) to include non-recurring lump-sum payments. The paragraph now states that a non-recurring lump-sum payment is income that is not anticipated or expected to be received again, and the lump-sum payment is income in the month received. This means that, in most cases, receipt of a non-recurring lump-sum payment by an OWF assistance group will not adversely affect the assistance group's continued OWF eligibility. Receipt of a non-recurring lump-sum payment in the same month in which an assistance group applies for OWF may affect the assistance group's potential OWF eligibility in the month of application because it is considered income in the month received. It will not affect eligibility for any subsequent month. (CCN 4699)

Rule 5101:1-23-40 OWF: Payments is being amended to remove the language at former paragraph (A)(1)(b) which stated that a non-recurring lump-sum payment was counted as income in the month received and apportioned toward future months' eligibility. (CCN 4699)

CHAPTER 5000

Rule 5101:1-5-01 The Disability Assistance Program Definitions and Payment Standards is being amended to remove the reference to individuals who are ineligible for OWF due to prior receipt of a non-recurring lump-sum payment from paragraph (E)(3). (CCN 4699)

Rule 5101:1-5-30 - DA: Resources is being amended to exclude the value of all vehicles for the DA Program. This change is being made to correspond with the exclusion of vehicles for the OWF and Food Stamp Programs. (CCN 4709)

CRIS-E table TMVE has been updated to reflect this change.

Rule 5101:1-5-40 DA: Income is being amended at paragraph (D)(1) to include language specifying that non-recurring lump-sum payments are treated as unearned income in the month received, and as a resource subject to the provisions set forth in rule 5101:1-5-30, thereafter for DA program purposes. (CCN 4699 )

Rule5101:1-5-70DA: Interim Assistance is being modified to reflect recent policy changes in federal SSI and Interim Assistance regulations. The definition of "Interim Assistance" was changed to parallel the revised federal definition of interim assistance. Specifically, the beginning date of interim assistance for an initial claim is the later of: the first day of the month following the month in which the individual applied for SSI, or the first day of the month following the month in which the individuals is determined to be eligible for SSI. As a result, the SSA no longer prorates the first month of an initial claim for SSI. Initial posteligibility claims may still be prorated, and that language is included in the rule.

Additionally, language was added to provide instructions for situations in which the law requires the Commissioner of SSA to restrict the manner in which the residual amount of a retroactive SSI payment may be paid to an individual (such as installment or dedicated account cases). In these situations, SSA will send notice to the CDJFS asking the CDJFS to determine the amount of interim assistance it is entitled to receive. Once that information is received by SSA, SSA will release that amount to the CDJFS. SSA also includes time frames under which the CDJFS response is necessary. In the event that the CDJFS does not comply with the time frames, SSA will release the entire amount to the SSI recipient. This policy is set forth in new paragraph (I)(4) of the rule. (CCN 4681)

INSTRUCTIONS:

Obsolete ACT No.208, "OWF and Covered Families and Children (CFC) Medicaid: Immediate Rescission of the Non-recurring Lump Sum Payments Policy", effective March 1, 2001.