FATL 302 (Five-Year Rule Review: Income Standards and Determining the Monthly Allotments)
Food Assistance Transmittal Letter No. 302
February 18, 2010
TO: Food Assistance Certification Handbook Holders
FROM: Douglas E. Lumpkin, Director
SUBJECT: Five-Year Rule Review: Income Standards and Determining the Monthly Allotments

In accordance with Ohio Revised Code (ORC) Section 119.032, each state agency is required to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration each rule's scope and purpose.

The following rules were recently reviewed: OAC 5101:4-4-11, 5101:4-4-27 and 5101:4-5-01.

Implementation

If no revisions are made to these rules prior to their finalization by the Joint Committee on Agency Rule Review, they will become effective on a permanent basis on 03/01/2010. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

No changes were made affecting the eligibility of applicants or recipient, or to the way county agencies administer programs. The following is a brief description of the changes made to the above-mentioned rules.

All references to "stamps" were changed to "assistance," and acronyms were spelled out the first time they were used in each rule.

Specific substantive changes include:

5101:4-4-11 - Food assistance: income standards

The tables showing maximum gross monthly income (165%), maximum net monthly income (100%) and the maximum gross monthly income (130%) will no longer appear in this rule. Instead, annual updates to these tables will be issued via a food assistance change transmittal (FACT). This will eliminate the need to emergency file this rule each year to make the annual updates.

5101:4-4-27 - Food assistance: determining monthly food assistance benefits

Rule 5101:4-5-01 is being rescinded and instead included in rule 5101:4-4-27. This will allow the process for determining monthly food assistance benefits to be consolidated into one rule. Rule 5101:4-4-27 explains the process for determining a monthly benefit and how to handle the proration of benefits during the initial month and anticipated changes both at the time of application and reapplication. With these revisions, the maximum food assistance allotment table has been taken out of rule and will instead be issued annually via a FACT.

5101:4-5-01 - Food assistance: determining the monthly allotment

This rule is being rescinded. The information will instead be included in rule 5101:4-4-27.

Food Assistance Certification Handbook - Additional Links

The appendices are being rescinded from the handbook. However, links will be added to direct users to the updated income standards and maximum food assistance allotment tables. These links can be found in the "notes" section for rules 5101:4-4-11 and 5101:4-4-27 in the Food Assistance Certification Handbook. The links will be located on the same page as the rules, at the bottom of the page.

Instructions:

The following chart identifies the material that should be removed from the Food Assistance Certification Handbook and the material that should be added.

LocationRemove and File as obsoleteInsert/Replacement
Chapter 4000
Food assistance: income standards
5101:4‑4‑11
(effective 12/18/2008)
5101:4‑4‑11
(effective 3/1/2010)
Food assistance: determining food assistance benefits 5101:4‑4‑27
(effective 12/1/2004)
5101:4‑4‑27
(effective 3/1/2010)
Chapter 5000
Food stamps: determining the monthly allotment.
5101:4‑5‑01
(effective 12/18/2008)
Rescinded
Appendix 35
Record of Changes to Handbook
N/AUpdate with the number and date of this transmittal.