Background

Currently, individuals who have an employment and training appraisal failure are considered non-assistance group members and their income and resources are treated in accordance with rule 5101:4-6-15 of the Administrative Code. The United States Department of Agriculture Food and Nutrition Service (FNS) recently clarified that failing an appraisal is a failure of a work requirement and must be treated accordingly. As a result of this clarification these individuals must be considered ineligible assistance group members and they must be sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code. This means that individuals failing to complete their appraisal must have their income and resources calculated in accordance with paragraph (A) of rule 5101:4-6-13 of the Administrative Code.

The following is a brief description of the changes that will become effective on October 1, 2013:

CHAPTER 3000

5101:4-3-11.1, "Food assistance: Employment and training program requirements."

Paragraph (B)(1) has been amended to reflect that an individual who fails or refuses to complete the employment and training appraisal process shall be sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code. The sanctioned individual's income and resources shall be treated in accordance with rule 5101:4-6-13 of the Administrative Code.

5101:4-3-11.2, "Food assistance: Employment and training program sanctions and compliance."

Language has been stricken in paragraphs (A)(1) and (D)(4) to reflect that a failure or refusal to complete the appraisal process is included under the definition of an employment and training work requirement failure. Also, paragraph (D)(3) has been amended to reflect that failures equivalent to the appraisal requirement are subject to a sanction, and the sanctioned individual's income and resources shall be treated in accordance with rule 5101:4-6-13 of the Administrative Code.

5101:4-3-29, "Food assistance employment and training: Appraisal."

Paragraph (C)(1) has been amended to reflect that individuals who fail or refuse to complete the employment and training appraisal process shall be sanctioned.

CHAPTER 6000

5101:4-6-15, "Food assistance: Determining eligibility of assistance group when other non-assistance group members share the same address."

This rule has been amended to preclude an individual who failed or refused to complete the employment and training appraisal process from having his or her income and resources treated in accordance with this rule. Rather, the individual shall be sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code. His or her income and resources shall be treated in accordance with paragraph (A) of rule 5101:4-6-13 of the Administrative Code.

CRIS-E

Office of Family Assistance staff is working with the Office of Information Systems to make necessary system changes to support this clarification. Further information will be issued closer to implementation.

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