Processing Changes Which Result in an Increase of Benefits
Prior policy: Changes within a certification period which result in an increase of benefits are processed under "normal processing" or "expedited processing" standards (Food Stamp Certification Handbook [FSCH] sections 7121.1 and 7121.2, respectively). Normal processing requires the increase to be effective in the month following the report of the change. Expedited processing requires the increase to be effective in the month that the change is reported. These processing standards were adopted from the minimum federal requirements to ensure uniform processing throughout the state.
New policy: The Ohio Human Services Directors Association has made a recommendation to the department to adopt the processing of increases language as it appears in the Code of Federal Regulations which allows greater latitude in processing changes for the county agencies. The recommendation was made in an effort to further reduce Ohio's food stamp error rate. Federal regulations require an increase in benefits caused by a change within a certification period to be effective no later than the first allotment issued 10 days after the date the change was reported and verified to the county agency.
However, an increase caused by a new assistance group member who is not a member of another certified assistance group or the loss of $50 or more in gross monthly income must be effective not later than the first allotment issued 10 days after the date the change was reported. In no event shall these changes (i.e., an increase in benefits caused by a new AG member or a $50 or more loss of gross income) take effect any later than the month following the month in which the change was reported. Any such increase that cannot be included in the routine issuance must be issued via a supplemental issuance no later than the 10th calendar day of the month following the month in which the change was reported and verified, or by the assistance group's normal issuance cycle in that month, whichever is later.The terms "normal processing" and "expedited processing," when referring to the processing of increase due to a reported change, have been removed from the FSCH.
What were Sections 7121.1 and 7121.2 have been revised and now appear as 5101:4-7-01(G)(1)(a) and (G)(1)(b) in the Ohio Administrative Code (OAC) format. What was Section 7121.4 is now the second paragraph in section (G)(1)(b) of rule 5101:4-7-01. Chart 2 has been revised.
Examples of processing increases:
On August 25, 1998, assistance group A and assistance group B both report an increase in a shelter expense. Assistance group A's next issuance is September's allotment, which is authorized for pick-up (or are to be mailed) on September 4, 1998. Ten days from the date the change was reported is September 4, 1998. The first allotment to be issued 10 days after the change was reported will be for September 1998. Assistance group A's September benefits must be increased. However, the county agency can opt to make the increase effective earlier than September. Assistance group B's September benefits are authorized for pick-up (or are to be mailed) September 2, 1998. Ten days from the date the change was reported is September 4, 1998. The first allotment to be issued 10 days after the change was reported will be for October 1998. Assistance group B's October benefits must be increased; however, the county agency can opt to make the increase effective earlier than October.
On September 1, 1998, assistance group C reports a new member. The assistance group's September allotment becomes available for pick-up (or will be mailed) on September 11. Ten days from the date the change was reported is September 11. The first allotment issued 10 days after the change was reported is September's allotment. Assistance group C must receive an increase in its September food stamp benefits.
On September 1, 1998, assistance group D reports a new member. The assistance group's September allotment becomes available for pick-up (or will be mailed) on September 2. Ten days from the date the change was reported is September 11. The first allotment issued 10 days after September 1 will be October's allotment. Assistance group D's October allotment must be increased. However, the county agency may increase September's allotment.
On August 30, 1998, assistance group E reports a new member. The assistance group's September allotment must be increased regardless of the date of the assistance group's next issuance. The increased benefits for September must be issued by September 10 or by the assistance group's normal issuance cycle, whichever is later. However, the county agency may make the change effective in August.
Please note that the verification requirements for processing increases have not changed [in accordance with OAC 5151:4-7-01(G)(1)(c)].
Implementation
All changes reported on or after August 1, 1998, shall be processed in accordance with OAC rule 5101:4-7-01.
Applying Voluntary Payments To Previously Suspended, Terminated or Compromised Claims
The Food Stamp/TEFAP Section received written clarification from the Food and Nutrition Service regarding the processing of voluntary payments received from assistance groups with previously suspended, terminated or compromised claims. Language has been incorporated into Ohio Administrative Code rule 5101:4-8-231 and former section 8250 in the Food Stamp Certification Handbook (FSCH) has been converted to rule format.
Implementation
These changes are effective August 1, 1998, with the issuance of this transmittal. No desk review is required.
Terminating Collection of Inadvertent Household Error, Administrative Error and Intentional Program Violation Claims
It was brought to the attention of the Food Stamp/TEFAP Section that the text in FSCH Sections 8226 and 8237 contrasts with the text for this policy in 7 CFR 273.18 (e). The FSCH uses the words: " A claim shall (emphasis added) be determined uncollectible after it is held in suspense for three years." The code of federal register text states: " A claim may (emphasis added) be determined uncollectible after it is held in suspense for three years." This discrepancy has prevented counties from reactivating claims which have been in suspense for three years and collecting on them. The word "shall" has been changed to "may" in rules 5101:4-8-17 and 5101:4-8-19. Former sections 8226 and 8237 in the FSCH have been converted to rule format.
Implementation
These changes are effective August 1, 1998, with the issuance of this transmittal. No desk review is required.
Changes to the New Hire Reporting Program
The regulations governing the New Hire Reporting Program (W-4) have been revised to support the requirements contained in Section 453A of Public Law 104-193 (The Personal Responsibility and Work Opportunity Reconciliation Act of 1996) and amended in House Bill 352.
All employers (except the federal government) are required to provide information to ODHS regarding employees who are newly hired, rehired, or who have returned to work. Also, the time limit for employers to report has been changed from thirty days to twenty days.
Currently, the language for this requirement is found in FSCH Section 7340. A new OAC rule, 5101:4-7-08, will replace the language in FSCH Section 7340.
Implementation
These changes are effective August 1, 1998, with the issuance of this transmittal. No desk review is required.
August 1998 Rule Review
Effective September 26, 1996, Substitute House Bill (Sub. H.B.) 473 required each state agency to review its rules a minimum of once every five years. The intent of the law is to ensure that rules are clearly written and that program requirements are accurate, up-to-date, and clearly expressed. To the extent possible, unnecessary paperwork will be eliminated, and local agencies will be given increased flexibility. The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's purpose and scope.
Because a miscellaneous change was made to Section 4123 and its corresponding OAC rule 5101:4-4-03, the mandated five-year rule review is being completed on the rule. The review results in OAC rules 5101:4-4-03, 5101:4-4-031, 5101:4-4-032, 5101:4-4-035, and 5101:4-4-036 being combined into one rule (5101-4-4-03). FSCH sections that are now included in OAC rule 5101:4-4-03 are 4120 through 4125 and 4127 through 4129.
The language that appeared in the FSCH Section 4123 has been revised for clarity and is now included in paragraph (C) of rule 5101:4-4-03.
What was Section 4127 in the FSCH has been deleted because its language was not regulatory.
State-Funded Food Stamp Program for Qualified Aliens
Effective April 1, 1998, Ohio implemented a program to provide state-funded food stamp benefits to certain qualified aliens who do not qualify for the federal Food Stamp Program but who do qualify for Supplemental Security Income (SSI) and meet other eligibility criteria. This program was implemented via Food Assistance Change Transmittal (FACT) No. 11. The program is titled the State-Funded Food Stamp Program for Qualified Aliens (SFSPQA).
Program Standards
Individuals who may qualify for food stamp benefits under this program are qualified aliens who meet all the criteria listed below. The qualified alien must:
- be currently eligible to receive SSI,
- have been a resident of the state of Ohio on August 22, 1996, and maintained his/her residency since that date,
- have been in the United States for five years,
- be in the process of naturalization or unable to naturalize because of age or disability, including language disability,
- not meet any of the exceptions for limited eligibility for qualified aliens as outlined in 5101:4-3-07 of the Administrative Code, and
- otherwise be eligible to participate (e.g., not be disqualified for an intentional program violation [IPV]; not have income or resources in excess of the allowable standards [does not purchase and prepare with others whose income or resources make the AG ineligible]).
Verification requirements unique to the SFSPQA are found in paragraph (E) of rule 5101:4-10-01 of the Administrative Code.
The inability to naturalize may be verified through a letter or statement from an attending physician stating the alien is unable to naturalize due to age or disability. The inability to naturalize due to a language disability may be verified through a letter or statement from a resettlement caseworker stating the alien is unable to naturalize due to a language disability.
Eligibility standards, benefit calculations, and benefit levels will be determined using rules under the federal Food Stamp Program. The method for calculating benefits is described under the section headed Benefit Calculation.
Sanctions, disqualifications, fines, or other penalties prescribed under the federal Food Stamp Program will apply to violations in connection with the SFSPQA. For example, an IPV may be established against someone who received benefits under the SFSPQA. The same procedures are used to establish the IPV under the SFSPQA as those for the federal Food Stamp Program.
Federal laws pertaining to food stamp trafficking will apply to state-purchased federal food stamps purchased by Ohio for the SFSPQA.
Federal food stamps purchased by Ohio for the SFSPQA are to be issued by counties, used by program recipients, and accepted by retailers under the same rules as federal Food Stamp Program rules. Food stamps issued under the SFSPQA shall not be considered income or resources for any purpose under any federal, state, or local laws, including, but not limited to, laws relating to taxation, welfare, and public assistance programs, and no participating state or political subdivision thereof shall decrease any assistance otherwise provided an individual or individuals.
Those counties not yet converted to electronic benefit transfer (EBT) will continue to issue state-purchased federal food stamp coupons to recipients of the SFSPQA until the EBT system is implemented in their county. Those counties already converted to EBT will serve state-funded recipients through EBT.
Federal Reporting
Federal reporting requirements for benefits issued under the SFSPQA will distributed in a Food Stamp Supervisor's Handbook Transmittal Letter.
Benefit Calculation
Benefits to be issued under the SFSPQA will be calculated as follows:
Step 1 - Determine AG composition and determine eligibility as you normally would under the federal Food Stamp Program; include any qualified alien who is eligible to participate under the SFSPQA as an eligible AG member.
Step 2 - Determine the amount of benefits that the AG would be eligible to receive under the federal Food Stamp Program (i.e., the qualified alien who is potentially eligible under the SFSPQA is not included in this budget).
Step 3 - Subtract benefits calculated in step 2 from those calculated in step 1. The difference will be the allotment that will be issued under the SFSPQA.
If there is no eligibility for state-funded benefits, then the eligibility for those who have potential eligibility under the federal Food Stamp Program are determined in accordance with rule 5101:4-6-13 of the Administrative Code.
An individual that becomes ineligible for federally funded food stamps may become eligible for state-funded food stamps. There will be no months of proration when going from federal eligibility to state eligibility or vice versa. For example: A qualified alien is certified under the federal Food Stamp Program for the period July through December. You discover that the alien will have been in the United States five years effective September 15, which ends the alien's five years of eligibility under rule 5101:4-3-07(H) of the Administrative Code. Since the alien was eligible for the federal Food Stamp Program on September 1, he/she cannot be eligible for the SFSPQA any earlier than October (i.e., no supplement can be issued under the SFSPQA to cover September 15 to September 30). Another example: A qualified alien is certified under the SFSPQA for the month of September. On September 7 he reports that he has now gained his U.S. citizenship (which makes him eligible under the federal Food Stamp Program). Allowing proper notice, this person is removed from the SFSPQA and added to the federal program effective October (no benefits under the federal program are issued for this person for the month of September).
Examples 4 and 5 in the Procedural Section demonstrate how these budgets are to be done.
Application Form and Worksheet
The ODHS T-206, Application for State-Funded Food Stamp Program for Qualified Aliens, shall be completed by each person applying for state-funded benefits in addition to the ODHS 7200 Application for Income, Medical and Food Stamp Assistance, ODHS 7100 Application for Income, Medical and Food Assistance - Common Application Form, or the Printed Copy of Information.
The ODHS T-207 Worksheet for State-Funded Food Stamp Program for Qualified Aliens is to be used to document eligibility determinations. (Note that the version of this form issued with FACT 11 contained a typographical error in step 2. of section D. that has been corrected. The word "ineligible" has been corrected to "eligible" in the language in parenthesis immediately after the title of the step.)
See Appendix 67 and Appendix 68 for the T-206 and T-207, respectively.
Issuance of Benefits
An authorization for benefits shall not include benefits under both the federal Food Stamp Program and the SFSPQA. When some members of the same food stamp AG are to receive benefits under the federal Food Stamp Program and others under the SFSPQA, benefits will be issued under separate authorizations. If for some reason the authorization under the state-funded program is made outside the CRIS-E system, the county agency shall annotate the issuance in a readily identifiable manner in order to facilitate record keeping. The authorization for SFSPQA benefits shall be in the name of a person who is eligible under the SFSPQA.
Federal Quality Assurance Review
An AG which receives only state-purchased federal food stamps is not subject to federal quality assurance review. Federal quality assurance will exclude the value of state-purchased federal food stamps issued under the SFSPQA from any sample taken for purposes of calculating the state's error rate under the enhanced payment accuracy system.
Claims
Claims for food stamp benefits issued under the SFSPQA are not federal debts. Accordingly, any SFSPQA claims will not be reported to the Food and Nutrition Service (FNS) by ODHS. Any claims for SFSPQA benefits will be subject to the same claims procedures as under the federal program, except that SFSPQA benefits will not be subject to collection through FTROP or FSOP and there are no incentive payments to county agencies for collections of IPV or IHE claims.Implementation
This change was effective April 1, 1998 and was implemented via FACT 11. No desk review is required.
This transmittal letter replaces FACT No. 11.
Miscellaneous
Language was inadvertently omitted from paragraph (A)(5) of rule 5101:4-2-03 in the Ohio Administrative Code; the same paragraph in the FSCH contained the complete language. Rule 5101:4-2-03 has been amended. Despite the fact that paragraph (A)(5) of rule 5101:4-2-03 of the FSCH appears to contain new language, there are no substantive changes.
Appendix 23 was accidentally deleted from the Appendix Index. This error has been corrected. On the last page of the Appendix Index the following errors have been corrected: The title and form number have been entered for Appendix 97; Appendix 99 is identified correctly as reserved; Appendix 106 has been added to the list and is identified as reserved.
The pages of Appendix 35, Record of Changes to Handbook, should be nearly full. A new page for Appendix 35 is included with this transmittal.
The terms "TANF" and "ADC" have been changed to "OWF" where appropriate.
The term "FCS" (the abbreviation for Food and Consumer Service) has been changed to "FNS" (the abbreviation for Food and Nutrition Service), where appropriate.