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FACT 18 (Non-Discretionary Provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996)
Food Assistance Change Transmittal No. 18
February 16, 2001
TO: ALL FOOD STAMP CERTIFICATION HANDBOOK HOLDERS
FROM: JACQUELINE ROMER- SENSKY, DIRECTOR
SUBJECT: Non-Discretionary Provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 Agriculture, Rural Development, Food and Drug, and Related Agencies Appropriations Act of 2001 (Public Law 106-387)

Effective on or After: March 1, 2001

OAC Rule(s): 5101:4-2-03; 5101:4-4-07; 5101:4-4-23

PARENTAL CONTROL - (PRWORA) -OAC Rule 5101:4-2-03

Prior policy: All persons (excluding foster care children) under the age of eighteen who were residing with or under the parental control of another household member who was not their natural, adoptive, or step-parent were treated as customarily purchasing and preparing meals together for home consumption even if they did not do so. "Parental control" referred to minors who were dependents-financial or otherwise-of another household as opposed to independent units unless the minor individual was living with his or own child(ren) or spouse.

New Policy: "Parental control" refers only to unmarried minors who are dependents - financial or otherwise - of another household member. Persons under the age of eighteen who are married are considered emancipated and are not to be automatically considered as customarily purchasing and preparing meals together unless they state they are actually doing so.

INCOME PRODUCING VEHICLES - (PRWORA) - OAC Rule 5101:4-4-07

Prior policy: The value of any licensed vehicle was excluded only if the vehicle was used primarily (over fifty per cent of the time) for income producing purposes such as a taxi, truck, or fishing boat.

New Policy: The value of any licensed vehicle continues to be excluded as specified in the prior policy; however, in addition, any vehicle that is used for deliveries, to call on clients or customers, or required by the terms of an individual's employment is also excluded. The fifty per cent use provision no longer applies.

Implementation: Amended policy definitions of parental control and income-producing vehicles are to be applied to all applications and reapplications certified on or after March 1, 2001. After implementation, county departments of human services must adjust the cases of ongoing AGs at household request or when the case is next reviewed, whichever comes first. No desk review is required.

EXCESS SHELTER MAXIMUM - (Public Law 106-387) - OAC Rule 5101:4-4-23

Prior policy: The maximum excess shelter deduction for AGs containing no elderly or disabled household members was $300.

New policy: The maximum excess shelter deductions for AGs containing no elderly or disabled household members has been increased to $340.

Implementation: The increase in the excess shelter maximum is to be used only on new applications and reapplications certified on or after March 1, 2001. This is not a mass change and no desk review is required.

The Ohio Administrative Code (OAC) rules filed to support these policy changes are attached to the FACT for your immediate reference. The rules will be published in a Food Stamp Transmittal Letter in the format that is appropriate for the Food Stamp Certification Handbook in the near future.

Attachment

Click here to view OAC rules referenced in this FACT.