FATL 412 (Five-Year Review: Citizenship, Aliens Status, and Reporting Illegal Aliens, Mass Change During the Certification Period; and Reducing, Suspending, or Cancelling Food Assistance Benefits)
Food Assistance Transmittal Letter No. 412
January 21, 2021
TO: All Food Assistance Manual Holders
FROM: Kimberly Henderson, Director
SUBJECT: Five-Year Review: Citizenship, Aliens Status, and Reporting Illegal Aliens, Mass Change During the Certification Period; and Reducing, Suspending, or Cancelling Food Assistance Benefits

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 Office of Family Assistance (OFA) has completed a review of the following rules and these rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 2/1/2021.

Chapter 3000

5101:4-3-07 “Food assistance: citizenship, alien status, and reporting illegal aliens.”

This rule describes the citizenship and alien status requirements used to determine eligibility for supplemental nutrition assistance program (SNAP) benefits.  OFA amended this rule. Changes to the rule include: 

  • Language was removed from paragraph (B)(2)(a) that is repeated in paragraph (B)(2)(d);
  • Reference to Immigration and Naturalization Service (INS) have been updated to United States Citizenship and Immigration Services (USCIS);
  • All references of food assistance have been updated to supplemental nutrition assistance program (SNAP); and
  • Minor grammatical and date changes for clarity.

Chapter 7000

5101:4-7-03 " Food assistance: mass change during the certification period."

This rule describes the procedure for county agencies to follow for a mass change of the supplemental nutrition assistance program (SNAP) initiated by the state or federal government.  OFA amended this rule by updating all references of food assistance to supplemental nutrition assistance program (SNAP) and by removing the reference to disability financial assistance. No substantive changes were made.

5101:4-7-13 "Food assistance: reducing, suspending, or cancelling food assistance benefits."

The rule describes the procedures to be followed when the secretary of the United States department of agriculture (USDA) mandates a reduction, suspension, or cancellation of monthly food assistance allotments in order to stay within federal appropriations pursuant to section 18 of the Food and Nutrition Act of 2008. OFA amended this rule. Changes to the rule include: 

  • Paragraph (A) was added to clearly list the action needed to comply when the USDA mandates a reduction, suspension, cancellation, or a combination of the three actions of monthly food assistance allotments;
  • Language was stricken for paragraph (C)(5) because federal waivers are requested by state agencies and therefore, this language does not apply to county agencies;
  • All references of food assistance have been updated to supplemental nutrition assistance program (SNAP); and
  • Minor grammatical changes for clarity.