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 based on regulations from the United States Department of Agriculture (USDA) Federal and Nutrition Services (FNS) 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.

Additionally, Ohio Administrative Code rules 5101:4-1-03, 5101:4-2-03, 5101:4-4-13, 5101:4-4-19,  and 5101:6-03 are amended due to Section 5101.884 of Amended Substitute Senate Bill 310 of the 133rd General Assembly who authorized the creation of the Kinship Support program (KSP), which will provide financial payments to kinship caregivers who receive placement of a child by a public children services agency (PCSA) and do not have a foster home certification. The KSP program requirements will be promulgated under rule 5101: 2-42-18.2 of the Ohio Administrative Code. For the purposes of the Supplemental Nutrition Assistance Program (SNAP), KSP payments will be treated in the same manner in which foster care payments are treated for assistance groups including those individuals for whom these payments are received.  Also, the term “guardianship payments” were included in the changes based on guidance from the United States Department of Agriculture, Food and Nutrition Service (FNS).  Also, the term “guardianship payments” were included in the changes based on guidance from the United States Department of Agriculture, Food and Nutrition Service (FNS).

Lastly, Ohio Administrative Code rules 5101:4-1-03, 5101:4-4-09, and 5101:4-7-01 are amended and new rule 5101:4-6-32 is adopted in order to implement the Agricultural Act of 2014 (2014 “Farm Bill”) final regulations issued by the United States Department of Agriculture, Food and Nutrition Service (FNS).  These regulations require individuals to report substantial lottery and gambling winnings which will result in a loss of SNAP eligibility.

The Office of Family Assistance (OFA) has taken the actions described below.

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 04/01/2021.

Chapter 0000

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

This rule describes the terms and meanings used to administer the Supplemental Nutrition Assistance Program (SNAP). Changes to the rule include: 

• Paragraph (B)(1) was removed because it referenced an obsolete database;
• Paragraph (B)(2) was reordered due to listing definition in alphabetical order as a result of updating the form name;
• Language was stricken from paragraph (B)(4) based on updates to system terminology;
• Paragraph (B)(8) was updated to define case file or case record;
• Paragraph (B)(13) was stricken to remove reference to Disability Financial Assistance (DFA) an obsolete program;
• Paragraph (B)(14) was updated to correct references to the Veterans Administration;
• Paragraph (B)(20) has been added based on listing definitions in alphabetical order as a result of changing SNAP employment and training to the employment and training (E&T) program;
• Paragraph (B)(22) was deleted as a result of changing the reference to the SNAP employment and training;
• Paragraph (B)(23) was added to define a guardian;
• New paragraph (B)(24) was added to define guardianship payments;
• Previous paragraph (B)(24) was removed and reorganized to alphabetical order;
• Language was added to paragraph (B)(25) to add clarification;
• Language was stricken from paragraph (B)(29) that referenced DFA;
• Paragraph (B)(33) was added to define kinship support payments;
• Language in paragraph (B)(40) was removed that referenced DFA;
• Previous paragraph (B)(42) was stricken and reordered alphabetically;
• Paragraph (B)(44) was added to define SNAP program;
• Paragraph (B)(46) was stricken due to a change in the statewide automated eligibility system;
• The term “substantial lottery and gambling winnings” was added and defined in paragraph (B)(50);
• Language was added to paragraph (B)(59) to clearly define a work program definition; and
• Minor grammatical changes for clarity.

Chapter 2000

5101:4-2-03 "Food assistance: Assistance Group Definitions."

This rule describes the process of determining an assistance group and who should be included in the assistance group. Changes to the rule include: 

• Paragraph (A)(5) was amended to exclude children for whom guardianship payments and kinship support payments are received from being considered a person under parental control; and
• Paragraph (E)(1) was amended to include children for whom guardianship and kinship support payments are received as being treated as boarders.

Chapter 4000

5101:4-4-09 "Food assistance: transfer of resources."

This rule describes the guidelines for transferring resources.   Changes to the rule include: 

• Paragraph (A)(3) was added to align with federal requirements.

5101:4-4-13 "Food assistance: Types of Excluded Income."

This rule describes the income exclusions for the Supplemental Nutrition Assistance Program (SNAP). Changes to the rule include: 

• Paragraph (K)(3) was amended to include guardianship payments and kinship support payments as payments that are not considered income; and
• Paragraph (K)(4) was added to align with federal regulations.

5101:4-4-19 "Food assistance: Countable Income."

This rule describes countable income for the Supplemental Nutrition Assistance Program (SNAP).  Changes to the rule include: 

• Paragraph (B)(2)(d) was amended to include guardianship payments and kinship support payments as types of excluded income for self-employment;
• Paragraph (3)(b) was removed due to being duplicative;
• Paragraph (3)(c) was removed due to language being added to rule 5101:4-4-13 of the Administrative Code;
• Paragraph (C)(1)(a) was removed due to the repeal of the Disability Financial Assistance (DFA) program;
• Language was moved from paragraph (C)(2) to new paragraph (C)(3);
• Paragraph (C)(3) was added to include guardianship payments and kinship support payments to be countable unearned income when the individuals are considered members of the assistance group;
• Paragraph (C)(5) was amended to include interest as a type of unearned income;
• Paragraph (C)(10) was added to include termination and severance pay as a type of unearned income when payment received is intended to cover a period of time;
• The term “food assistance” was replaced with “supplemental nutrition assistance program (SNAP)”; and
• Minor grammatical changes for clarity.

Chapter 6000

5101:4-6-03 "Food assistance: Boarders and Income from Boarders."

This rule describes processes and procedures for determining eligibility for an assistance group that includes a boarder. Changes to the rule include: 

• Paragraph (A)(3) was added to include children for whom guardianship payments are received to be considered boarders;
• Paragraph (A)(4) was added to include children for whom kinship support payments are received to be considered boarders;
• Language in paragraph (D)(1) was removed due to being duplicative;
• Paragraph (C)(3) was moved to new paragraph (E)(4) for clarity; and
• Minor grammatical changes for clarity.

5101:4-6-32 "Food assistance: substantial lottery and gambling winnings."

This rule describes how eligibility is determined for assistance groups that include members with substantial lottery or gambling winnings.  This new rule includes: 

• The responsibilities of assistance groups to report when a member receives substantial lottery or gambling winnings;
• The responsibilities of the county agency when an assistance group is in receipt of substantial lottery or gambling winnings; and
• How an assistance group regains eligibility after being disqualified for substantial lottery or gambling winnings.

Chapter 7000

5101:4-7-01 "Food assistance: reporting requirements during the certification period."

This rule describes the reporting requirements for assistance groups during the certification period.  Changes to the rule include: 

• Language has been moved from paragraph (B)(2) to paragraph (B)(4);
• Paragraph (B)(3) was added to include the requirement for assistance groups to report substantial lottery or gambling winnings due to a change in federal regulations;
• Paragraph (D) was amended to align with federal regulations;
• Paragraph (N)(2) was added to align with federal and state regulations; and
• Minor language changes for clarity.