FATL 369 (Five year rule review: definitions, resources excluded by law, countable income, determining eligibility of assistance groups with income from self-employment)
Food Assistance Transmittal Letter No. 369
September 12, 2016
TO: All Food Assistance Manual Holders
FROM: Cynthia C. Dungey, Director
SUBJECT: Five year rule review: definitions, resources excluded by law, countable income, determining eligibility of assistance groups with income from self-employment

In accordance with section 106.03 of the Ohio Revised Code (ORC), each state agency is required to review each of its rules in the Ohio Administrative Code a minimum of once every five years. The intent of the review is to ensure that Administrative Code 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, local agencies will be given increased flexibility, and any adverse impact on businesses will be eliminated or reduced. As a result of the review, the agency may amend the rule; rescind the rule; or continue the rule without amendment.

The rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The rules will become effective on 10/01/2016.

Chapter 0000

5101:4-1-03 "Food assistance: definitions."

The rule describes definitions of terms commonly used in the food assistance program. The Office of Family Assistance (OFA) amended this rule. The term of "CRIS-E" was replaced with "statewide automated eligibility system", the term "PCI" was removed as it is no longer used, the definition for "Ohio works first (OWF) recipient" was updated to align with the OWF rule, the reference to "Shelter for battered women and children" was updated to "Shelter for battered individuals and children" because of clarification from FNS, and the reference to "Workforce Investment Act (WIA)" was replaced with the current name "Workforce Innovation and Opportunity Act (WIOA)." In addition, the term "eligible foods" was updated to align with amended federal rule, and the definition of spouse was amended to reflect the definition of marriage recognized in the United States supreme court decision in Obergefell v. Hodges.

Chapter 4000

5101:4-4-03.3 "Food assistance: resources excluded by law."

The rule describes resources that are exempt by federal law from being included as a resource to food assistance applicants and recipients. OFA amended this rule. The rule was changed to question-and-answer format. In addition, the reference to "Disaster Relief Act" was removed and updated with the current name "Robert T. Stafford Disaster Relief and Emergency Assistance Act" and "Workforce Investment Act (WIA)" was replaced with the current name "Workforce Innovation and Opportunity Act (WIOA)." No substantive changes were made.

5101:4-4-19 "Food assistance: countable income."

The rule describes countable income for participation in the food assistance program. OFA amended this rule. Changes to the rule include replacing the reference to "Workforce Investment Act (WIA)" with the current name "Workforce Innovation and Opportunity Act (WIOA)." Also, language was added to paragraph (B)(3) to exclude as income any payment made to an employment and training participant for costs that are reasonably necessary and directly related to participation in the employment and training program.

Chapter 6000

5101:4-6-11 "Food assistance: determining eligibility of assistance groups with income from self-employment."

The rule describes how to determine eligibility of assistance groups with income from self-employment. OFA amended this rule. Minor language changes were made for clarity; however, no substantive changes were made.