The US Department of Agriculture, Food and Nutrition Service (FNS) conducted a review of Ohio Administrative Code rule 5101:4-4-23 and subsequently directed the State that it must change its policy regarding which households are entitled to receive the standard utility allowance, limited utility allowance, single standard utility allowance, and standard telephone allowance. In order to comply with the direction received from FNS, the changes identified below have been made.

In addition, the Office of Family Assistance (OFA) have made other revisions to align with recent federal regulations and guidance regarding allowable medical deductions.

This rule has been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 01/01/2018.

Chapter 4000

5101:4-4-23 "Food assistance: deductions from income."

This rule describes the deductions from income for purposes of determining eligibility for supplemental nutrition assistance program (SNAP) benefits. OFA amended this rule. Changes to the rule include:

• Revised language in paragraph (C)(2)(g) to include any specially trained service animals, not just seeing or hearing dogs, as an allowable medical expense.
• Added language in paragraph (D) of this rule to align with federal regulations regarding dependent care deductions to include not only children under the age of 18 but also an incapacitated person of any age in need of care.
• Clarified when dependent care expenses are allowable deductions for a group member by adding new paragraph (D)(1).
• Clarified what dependent care costs are allowable deductions in paragraph (D)(2).
• Defined “incapacitated” for purposes of paragraph (D) by adding new paragraph (D)(3).
• Clarified that the deduction of attendant care expenses can be either a medical deduction or a child/dependent care deduction, but not both, by adding new paragraph (D)(4).
• Revised paragraph (F)(1)(i) to only entitle assistance groups the utility allowance when they share in the heating and/or cooling expenses with another assistance group or individual they reside with. Simply residing with another assistance group or individual who incurs the cost does not entitle an assistance group to the standard utility allowance.
• Revised paragraphs (F)(2), (3), and (4), to only entitle assistance groups, not households, a deduction for incurring specific utility expenses related to the type of allowance.
• The term “food assistance” has been replaced with the term “supplemental nutrition assistance program (SNAP).”
• Clarification given that verification shall be required for questionable or inconsistent information.
• Minor language changes for clarity.