FATL 436 (Food Assistance: Kinship Guardianship Assistance Program)
Food Assistance Transmittal Letter No. 436
December 12, 2022
TO: All Food Assistance Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Food assistance: Kinship Guardianship Assistance Program
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Ohio Administrative Code rules 5101:4-2-03, and 5101:4-4-19, are being amended due to the implementation of the state Kinship Guardianship Assistance Program (KGAP) and Federal Title IV-E KGAP. Rules for these programs are promulgated by the Office of Families and Children (OFC).

For the purposes of the Supplemental Nutrition Assistance Program (SNAP), federal KGAP and state KGAP when the child is also in receipt of Ohio Works First (OWF) are to be treated as unearned income and the child for whom these payments are made must be included in the SNAP assistance group. When the child is not in receipt of OWF and state KGAP payments are made for the child, the child for whom state KGAP payments are made can be included or excluded in the assistance group at the assistance group’s discretion (similar to foster care maintenance payments). 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 01/01/2023.

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 updated to state how to establish the assistance group when a child is in receipt of federal KGAP or state KGAP when the child is or is not in receipt of OWF; and
  • Paragraph (E)(1) was updated to state that children for whom state KGAP payments are received when the child is not in receipt of OWF may be excluded from the assistance group.

Chapter 4000

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

This rule describes countable income for SNAP. Changes to the rule include: 

  • Paragraph (C)(3) was amended to include state KGAP when the child is not in receipt of OWF are to be excluded when the child is excluded from the assistance group;
  • New paragraph (C)(4) was added to include state KGAP to be countable unearned income when the child is in receipt of OWF;
  • New paragraph (C)(5) was added to include federal KGAP to be countable unearned income;
  • All subsequent paragraphs were renumbered; and;
  • New paragraph (C)(7) was amended to remove interest income as it is excluded income in accordance with OAC Rule 5101:4-4-13.