FATL 295 (Treasury Offset Program)
Food Assistance Transmittal Letter No. 295
February 26, 2009
TO: Food Assistance Certification Handbook Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Food Assistance: Treasury Offset Program, five year rule review

Background

Section 119.032 of the Ohio Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope.

In addition, the intent of the review is to ensure that rules are clear and concise as written, program requirements are accurate and up-to-date, unnecessary paperwork is eliminated, and, when possible, local agencies are given more flexibility.

Implementation

These rules are proposed to be effective 04/01/2009. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on 04/01/2009. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

5101:4-8-30 - Food Assistance: Treasury Offset Program

Paragraph (B) of this rule has been changed to allow claims to be submitted individually. Each claim submitted will have at least one liable adult referred for offset. Previously multiple claims owed by an individual were combined. This change is due to system updates to comply with federal Treasury Offset Program (TOP) provisions.

Clients currently receive duplicate notices from the Ohio Department of Job and Family Services and from TOP when an offset occurs. This has resulted in client confusion. Changes have been made to paragraphs (P) and (Q) to eliminate automated notices that are duplicates of the notices sent by TOP. The only notice that the Ohio Department of Job and Family Services is required to send is the sixty day notice of intent to refer to TOP.

Paragraph (H)(3) has been updated to simplify the rule. Any bankruptcy will prohibit the collection of a claim. The additional language regarding the type of bankruptcy is not needed.

There have been other minor changes to this rule to improve readability and to comply with rule filing requirements. Those changes include:

  • All instances of county department of job and family services as well as the acronym CDJFS have been changed to county agency.
  • References to food stamps have changed to read food assistance.
  • Revision dates have been added to JFS forms the first time used within the rule.

Instruction:

LocationRemove and File as ObsoleteInsert/Replacement
Chapter 8000  
Food Assistance: Treasury Offset Program5101:4‑8‑30
(Effective January 1st, 2004)
5101:4‑8‑30
(April 1, 2009)