FATL 434 (Food Assistance: Elderly Simplified Application Project Rules Changes: Establishing Certification Periods, Reporting Requirements During the Certification Period, and Recertification)
Food Assistance Transmittal Letter No. 434
July 12, 2022
TO: All Food Assistance Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Food Assistance: Elderly Simplified Application Project rules changes: establishing certification periods, reporting requirements during the certification period, and recertification

Ohio was approved by the United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) to operate the Elderly Simplified Application Project (ESAP). As such, Ohio Administrative Code rules 5101:4-4-31, 5101:4-5-03, 5101:4-7-01, and 5101:4-7-07 are being amended to implement this change. ESAP will allow assistance groups where all adult members are elderly or disabled and the assistance group has no countable earned income to receive a 36-month certification period instead of the 24-month certification period that they are currently being assigned. The demonstration project will also allow the ESAP assistance group to include minor children. Additionally, the assistance group will be waived from the interim reporting requirement but will remain subject to all other simplified reporting requirements. However, when there is a case change processed that makes the assistance group no longer ESAP, the assistance group is to submit an interim report every six months.

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 8/1/2022.

Chapter 4000

5101:4-4-31 "Food assistance: anticipating income."

This rule describes how the county agency anticipates income and expenses for the purpose of determining supplemental nutrition assistance program (SNAP) eligibility and monthly benefit amount. Changes to this rule include replacing the reference to 24-month certification period in paragraph (P)(3)(c) and (P)(3)(d) by adding 36-month certification period.

Chapter 5000

5101:4-5-03 "Food assistance: establishing certification periods."

This rule describes how to establish certification periods for SNAP benefits. Changes to this rule include:

  • Paragraph (C)(1) was amended to identify the elderly or disabled assistance group (ED AG);
  • Language was added to paragraph (D) to clarify that when all adult assistance group members are elderly or disabled and the assistance group has no countable earned income the ED AG will be assigned a 36-month certification period. The assistance group may contain minor children, regardless of their disability status: and
  • Repetitive language was removed from paragraph (F)(2) that is included in the cited administrative code.

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 this rule include:

  • Language was stricken from paragraph (B)(4) in reference to a 24-month certification period;
  • Paragraph (B)(5) was added to state the Elderly or disabled assistance groups (ED AG) certified for 36-months do not have to submit an interim report.  However, when there is a case change processed and the assistance groups is no longer an ED AG as described in 5101-4-5-03 of the administrative code, the assistance group is to submit an interim report every six months.
  • Language was stricken from paragraph (H) in reference to a 24-month certification period and language has been added to reference the assistance group that is no longer determined to be an ED AG;
  • Language was stricken form paragraph (H)(1) referencing an interim report being sent in the 11th month of certification;
  • Paragraph (H)(1)(a) and (H)(1)(b) added to identify when interim reports would be sent;
  • Language was stricken from paragraph (H)(2) and language has been added to state the completed interim reported must be received by the 15th day of the month that the interim report was issued;
  • Language was stricken form paragraph (H)(3) and language has been added to state the completed interim report or reminder notice must be received by the end of the month that the interim report was issued; and
  • Language was stricken form paragraph (H)(4) and language added to propose termination of benefits if a completed interim report or reminder notice has not been returned prior to the end of the month following the month that the interim report was issued.

5101:4-7-07 "Food assistance: recertification."

This rule describes the process for recertification of SNAP benefits. The change to this rule includes paragraph (D)(6) was removed since a 24-month certification period will no longer be assigned and yearly contact with the assistance group is not required. If an elderly or disabled assistance group is no longer ESAP, an interim report is to be issued in accordance with rule 5101:4-7-01 of the Administrative Code.