FATL 444 (Five-Year Review Food Assistance: types of excluded income, strikers, and providing replacement issuance to assistance groups.)
Food Assistance Transmittal Letter No. 444
August 23, 2023
TO: All Food Assistance Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Five-Year Review Food Assistance: types of excluded income, strikers, and providing replacement issuance to assistance groups.
PRINTER-FRIENDLY PDF:Printer-Friendly PDF of this Letter

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 Food 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.

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 9/1/2023.

Chapter 4000

5101:4-4-13 "Food assistance: types of excluded income."

This rule describes how to determine the monthly benefit allotment amount for the Supplemental Nutrition Assistance Program (SNAP). Changes to the rule include: 

  • Added the amendment date to the National School Lunch Act of 1946 to paragraph (C)(1)(c);
  • Updated the amendment date of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 in paragraph (C)(1)(e);
  • Added the year 2008 to the Food and Nutrition Act in paragraph (C)(1)(f);
  • Added the amended public law 113-128 Workforce Innovation and opportunity Act (WIOA) to paragraph (C)(1)(i);
  • Updated the public law enactment date in paragraph (C)(1)(j);
  • Paragraph level reference to a rule was stricken from paragraph (J); and
  • Minor grammatical corrections were made for clarity.

Chapter 6000

5101:4-6-07 "Food assistance: strikers."

This rule describes the eligibility of strikers in SNAP. Changes to the rule include: 

  • Edits were made to paragraph (A)(3) to remove language referencing completion of the work registration form since an individual is identified as a work registrant in the Ohio Benefits Worker Portal (OBWP);
  • Updated the example provided in paragraph (A)(5)(b); and
  • Minor grammatical changes were made for clarity.

Chapter 7000

5101:4-7-11 "Food assistance: providing replacement issuance to assistance groups."

The rule describes the process for providing replacement issuance to SNAP assistance groups. Changes to the rule include: 

  • Edits were made to paragraph (D)(1) to align with federal regulations;
  • Edits were made to paragraph (D)(2) to include power outages of four hours or more as an example of an assistance group misfortune or disaster;
  • Revision dates were removed from forms;
  • Updated rule citation in paragraphs (C)(2) and (H);
  • Minor grammatical changes were made for clarity; and
  • JFS Form 07222 “Statement Requesting Replacement of Supplemental Nutrition Assistance Program (SNAP) Benefits” was updated to remove redundant language and to include information on how to submit the form to the county agency.