FATL 445 (Food Assistance: Shared Parenting and Elderly and Disabled Individuals Living with Others Five Year Rule Review)
Food Assistance Transmittal Letter No. 445
September 14, 2023
TO: All Food Assistance Manual Holders
FROM: Matt Damschroder, Director
SUBJECT: Food assistance: Shared Parenting and Elderly and Disabled Individuals Living with Others Five Year Rule Review
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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.

These rules have been subject to a review by the Joint Committee on Agency Rule Review (JCARR). The changes will become effective on 10/01/2023.

Chapter 6000

5101:4-6-02 "Food Assistance: Shared Parenting."

The rule describes the process the county agency is to use when determining eligibility for a dependent child in a shared parenting arrangement. This rule has been revised with the following changes: 

  • The order of paragraphs was updated for easier readability;
  • Old paragraph (A)(2) was moved to new paragraph (B)(1)(d);
  • Old paragraph (D) was moved to new paragraph (B) and was amended for clarity;
  • New paragraph (B)(2) was added to explain the county agency process when there is a discrepancy regarding a child’s living arrangement;
  • New paragraph (C)(2) was moved to new paragraph (D)(1);
  • New paragraph (D)(3) was amended to define “majority;”
  • Paragraph (E) was updated with correct paragraph citations; and
  • Other minor changes for clarity.

5101:4-6-29 "Food Assistance: Elderly and Disabled Individuals Living with Others."

The rule describes the options available to elderly and disabled individuals living with others as it pertains to supplemental nutrition assistance program (SNAP) benefits. This rule has been revised with the following changes: 

  • Paragraph (C)(1) was amended to remove language already addressed in paragraph (B);
  • Old paragraph (D)(2) was moved to new paragraph (D)(1)(b) and was amended to remove language already addressed in other parts of the rule;
  • The lead-in question for paragraph (E) was amended to “Are shared expenses prorated?” to more accurately reflect what is stated in the response; and
  • Other minor changes for clarity.