FATL 322 (Delayed Eligibility Determinations, Reduction of Cash Assistance Benefits and Determining Eligibility of Assistance Groups Receiving Public Assistance)
Food Assistance Transmittal Letter No. 322
July 5, 2011
TO: All Food Assistance Certification Handbook Holders
FROM: Michael B. Colbert, Director
SUBJECT: Five-Year Rule Review: Delayed Eligibility Determinations, Reduction of Cash Assistance Benefits and Determining Eligibility of Assistance Groups Receiving Public Assistance.

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 The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope.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 written in "plain language." This is clear, simply stated language, written with the reader in mind.

If no revisions are made to the proposed rules prior to their finalization by the Joint Committee on Agency Rule Review, they will become effective on August 1, 2011. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Substantive changes are highlighted below.

CHAPTER 3000

5101:4-3-09, "Food Assistance: Ohio works first appraisal, self sufficiency contract requirements, and sanctions."

This rule has been amended to update a rule citation.

CHAPTER 5000

5101:4-5-07, "Food Assistance: Delayed Eligibility Determinations."

This rule has been rescinded and filed as new. It has been rewritten in question-and-answer format to improve clarity. As a result of further clarification, the policy for reinstating an application when an assistance group takes a required action within 60 days of filing an application has changed. Previously, the county agency could not reinstate an application if it was denied at the end of 30 days for failing to complete an interview or for failing to provide requested verifications. With the amendment of this rule, the county agency will be able to reinstate an application in these instances if the required action is taken within 60 days of the filing date.

CHAPTER 6000

5101:4-6-16, "Food Assistance: Reduction Of Cash Assistance Benefits Due To Assistance Group's Failure To Perform A Required Action. "

This rule has been rescinded and filed as new. The policy contained in this rule has not changed; however, this rule has been rewritten in question-and-answer format to improve clarity.

5101:4-6-17, "Food Stamps: Determining Eligibility Of Public Assistance And Categorically Eligible Assistance Groups."

This rule has been rescinded in order to simplify the Food Assistance Certification Handbook. The policies contained in this rule are in other rules throughout the handbook.

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 3000  
Food Assistance: Ohio works first appraisal, self sufficiency contract requirements, and sanctions5101:4‑3‑095101:4‑3‑09
(effective 08/01/2011)
Chapter 5000  
Food Assistance: Providing Notice of Eligibility and Denial, When to Deny an Application at the End of Thirty Days, and Actions Because of Delayed Eligibility Determinations5101:4‑5‑075101:4‑5‑07
(effective 08/01/2011)
Chapter 6000  
Food Assistance: Reduction of Cash Assistance Benefits Due to Assistance Group's Failure to Perform a Required Action5101:4‑6‑165101:4‑6‑16
(effective 08/01/2011)
Food Stamps: Determining Eligibility Of Public Assistance and Categorically Eligible Assistance Groups 5101:4‑6‑17
 		 
Appendix  
Appendix 35
Record to changes in Handbook		N/AUpdate with the number and date of this transmittal.