• Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
• Omnibus Consolidated Appropriations Act of 1996 (OCAA)
• Balanced Budget Act of 1997 (BBA)
• Agricultural Research, Extension, and Education Reform Act of 1998 (AREERA)

With the exception of changes in policy detailing the treatment of a licensed vehicle as a resource found in rules 5101:4-4-01; 5101:4-4-03 and 5101:4-4-07, the policy changes in this Food Stamp Transmittal Letter (FSTL) are effective June 1, 2001. Policy dealing with the treatment of vehicles is effective at certification or recertification on or after July 1, 2001. This cover letter includes a brief statement of the policy changes to aid in your understanding. This statement references clearance control number (CCN) 4710 which was assigned when the policy changes were placed in the clearance process. The clearance comments were evaluated and where appropriate, incorporated into the rule(s).

These rules were proposed to be effective June 1, 2001 and July 1, 2001. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will be effective on a permanent basis on June 1, 2001. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Rule Review

All rules in this FSTL were reviewed in accordance with the Ohio Revised Code Section 119.032. Each state agency is required 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose. Rules reviewed include the following:

5101:4-1-05; 5101:4-1-13; 5101:4-2-01; 5101:4-2-05; 5101:4-2-09; 5101:4-2-11; 5101:4-3-07; 5101:4-3-08; 5101:4-4-01; 5101:4-4-03; 5101:4-4-033; 5101:4-4-07; 5101:4-4-13; 5101:4-4-19; 5101:4-4-23; 5101:4-4-27; 5101:4-4-31; 5101:4-5-03; 5101:4-5-07; 5101:4-6-01; 5101:4-6-03; 5101:4-6-09; 5101:4-6-11; 5101:4-6-13; 5101:4-6-17; 5101:4-6-26; 5101:4-6-27; 5101:4-6-31; 5101:4-7-01; 5101:4-7-07; and 5101:4-7-09.

Background Information

The United States Department of Agriculture's Food and Nutrition Service (FNS) issued policy guidance on November 21, 2000 in Federal Register, Volume 65, No. 225 which finalized rules amending Food Stamp Program regulations to implement several provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), and subsequent amendments made by the Omnibus Consolidated Appropriations Act of 1996 (OCAA), the Balanced Budget Act of l997 (BBA), and the Agricultural Research, Extension, and Education Reform Act of 1998 (AREERA).

Several rules have been amended to remove outdated language that speaks of "Authorization to Participate" cards (ATP) as well as "coupons" due to the use of the electronic benefit transfer (EBT) system of issuance.

The acronym "EW" (eligibility worker) has been changed to read "county agency" to conform with terminology used in the Federal Register which speaks of the agency rather than specific positions or individuals within the agency.

Outdated references to the Ohio Department of Human Services (ODHS) and/or the Ohio Bureau of Employment Services (OBES) have been replaced with the Ohio Department of Job and Family Services (ODJFS).

Due to time constraints, updates to the Part II - Procedural Section and Part III - Appendix of the FSCH will be issued in the near future.

With this FSTL and future FSTLs, updated pages to be inserted in the FSCH will no longer have headers. The rules shall appear exactly as they do in the Ohio Administrative Code (OAC).

Implementation: All amendments contained in this transmittal letter are effective June 1, 2001 with the exception of the changes to the vehicle policy found in rules 5101:4-4-01; 5101:4-4-03 and 5101:4-4-07 which is effective at certification or recertification on or after July 1, 2001.

All changes except changes to the vehicle policy are to be applied to assistance groups newly applying for Program benefits on or after June 1, 2001. County agencies must apply the changes to the current caseloads no later than the next reertification following the implementation date, June 1,2001.

Rule 5101:4-1-05: Personnel standards, bilingual staff and materials, training, records and reports - Amendments have been made to accommodate issuance of benefits by electronic benefit transfer (EBT). Prescriptive language regarding training programs for staff who determine Food Stamp Program eligibility has been eliminated. In most situations, the county agency may provide food stamp program training when it determines the need exists and train in the subject area(s) it feels necessary.

Rule 5101:4-1-13: Availability of information, program administration, office operations, and income eligibility verification system (IEVS) information - As a result of PWRORA, each county agency is required to establish office procedures that best serve the AGs in their particular community. This includes the hours of operation, program administration, and the availability of information. The "And Justice for All" poster emanating from the Food and Nutrition Service (FNS) must be posted in all certification offices. Corresponding changes to rules 5101:4-31-05 and 5101:4-31-15 of the Food Stamp Supervisors's Handbook will be made in a future update.

Rule 5101:4-2-01: Application process - To improve program accessibility, amendments have been made to make applications readily available for anyone who requests an application form as well as permit applicants to fax applications to the county agency, have telephone interviews, and utilize other electronic methods of filing an application for food stamp benefits. In addition, emphasis has been placed on encouraging individuals being diverted from cash assistance to continue their application for food stamps.

Rule 5101:4-2-05: Authorized representatives - The rule has been rewritten removing unnecessary language.

Rule 5101:4-2-09: Verification procedure - Language has been added which provides the county agency with policy regarding the time an AG must be allowed to provide necessary verifications, the results of an AG member failing to provide a Social Security number, verifying shelter expenses for homeless AGs, guidelines for obtaining and the use of collateral contacts used for verification purposes, and the appropriate use of doing a home visit as a method of verification.

For ABAWDs, county agencies are now required to verify the number of hours worked for individuals who are satisfying the work requirement by working, participating in a work program or workfare, or a combination of work and a work program or work and a workfare program that is not operated or supervised by the state or county agency. Since participation as an ABAWD in other states apply to individuals who move to Ohio, county agencies are required to verify the number of countable months attributed to that individual from the other state. Another state's assertion as to the number of countable months an individual has used in another state is acceptable for qualify control purposes. Verification of ABAWD hours worked or met by participation in a work or workfare program must also be verified at reapplication.

Rule 5101:4-2-11 : Timeliness standard - Clarifying language to explain the appropriate time frames for sending notices to AGs who are being denied or have failed to attend a scheduled interview has been added. A reference has been added regarding the appropriate procedures to determining the program eligibility of residents of public institutions.

Rule 5101:4-3-07: Citizenship and alien status - The rule has been rewritten eliminating unnecessary and overly prescriptive language. Links on the Dynaweb version of the FSCH (available through the ODJFS Innerweb) are planned to facilitate convenient access to resource material such as immigration and naturalization information originating from the United States Department of Justice (DOJ).

Rule 5101:4-3-08: Reporting illegal aliens - The county agency is required to report when it "knows" an alien is presently illegal. County agencies are referred to the Interagency Notice which provides guidance for compliance with PRWORA and defines the term "knowing" with regard to the presence of illegal aliens.

Rule 5101:4-4-01: Resource eligibility standards - Policy statements regarding licensed and unlicenced vehicles have been removed from the definition of "nonliquid resource" for food stamp purposes. This change is effective at certification or recertification on or after July 1, 2001.

Rule 5101:4-4-03: Exempt resources - Vehicles are now excluded as they are in the provisions of OWF. This exclusion is permitted effective at certification or recertification on or after July 1, 2001 by the Agriculture, Rural Development, and Food and Drug Administration and Related Agencies Appropriations Act of 2001.

Any nonliquid resource that would provide the AG with an insignificant rate of return due to the AG's minimal interest in the resource or the costs of selling the resource would be relatively high, shall be considered "inaccessible."

Rule 5101:4-4-033: Resources excluded by law - Clarification has been added to specify that the resources of all members of a PRC food stamp AG are excluded since these members are considered categorically eligible when receiving or authorized to receive PRC benefits or services.

Rule 5101:4-4-07: Special resource situations - References to determining the value of licensed and unlicensed vehicles have been removed from this rule. This change is effective at certification or recertification on or after July 1, 2001.

Rule 5101:4-4-13: Types of excluded income - Income (including reimbursements) to individuals participating in WIA are excluded as income. This language replaces the prior exclusion of allowances, earnings and payments received through JTPA participation. In addition, nonrecurrent, short-term PRC payments paid to divert an AG from cash assistance are excluded as income in the food stamp budget.

Federal energy assistance payments (except those provided by Title IV-A of the Social Security Act) are excluded as income. One-time payments issued on an as-needed basis under federal or state law for weatherization or repair of heating or cooling devices are also excluded.

Rule 5101:4-4-19 :Countable income - Earnings of AG members participating in on-the-job training programs under WIA is countable for income unless the AG member is under nineteen years of age and under the parental control of another adult AG member.

Income of an alien's sponsor (including the sponsor's spouse) must be deemed; therefore, it is considered countable income to the alien. The deeming process is further explained in rule 5101:4-6-31.

Rule 5101:4-4-23:Deductions from income - Clarification has been added to specify that when determining eligibility of AGs who do not contain an elderly or disabled member, the shelter deduction cannot exceed the maximum shelter deduction. Condominium fees and condominium association fees, costs of well installation and maintenance, septic tank system installation and maintenance have been designated as shelter costs which are deductible from the AG's income. The list of AGs entitled to the use of the SUA has been amended. AGs are now permitted to choose between the actual utility costs and the SUA at the time of initial application, reapplication, and when the AG moves to another residence. Appropriate use of the homeless shelter deduction is explained.

Rule 5101:4-4-27 : Determining monthly food stamp benefits - For migrant/seasonal farm workers, the term "initial month" has been defined as the first month the AG is certified following any period of more than one month during which the AG was not certified for participation. For all other AGs, the "initial month" is the month following the expiration of the current certification. In addition, further clarifications are provided to assist in the determination of when an AG's certification starts according to the circumstances of the AG.

Rule 5101:4-4-31:Anticipating income - Clarification has been added which specifies that an AG containing a student with excluded income who turns eighteen years of age during the month of application shall have this income excluded in the month of application and counted in the following months. If a student turns eighteen during the certification period, the income shall be excluded until the month following the month in which the student turns eighteen.

Clarification has been added to indicate the maximum of the homeless shelter deduction and further explanation has been added regarding the determination of the excess shelter cost.

Rule 5101:4-5-03:Establishing certification periods - Clarification has been added concerning the determination of the length of the AG's certification period. Instructions regarding when it is appropriate to shorten a certification and how to do so have been added. The county agency may no longer end an AG's current certification period unless information has been obtained that states the AG has become ineligible or has not complied with the requirements of rule 5101:4-7-01. The ODJFS 7404 "Notice of Expiration" may not be used to shorten a certification period. An adverse action notice is required according to Chapter 5101:6 of the OAC.

Rule 5101:4-5-07:Providing notice of eligibility and denial, when to deny an application at the end of thirty days, and actions because of delayed eligibility determinations - AGs are responsible for rescheduling a missed interview within the thirty day application processing period. Upon the AG's request, the county agency shall schedule a second interview. If no request to schedule a second interview is made or if the second interview is postponed past the thirtieth day after application at the AG's request, the delay is determined to be the fault of the AG. In this situation, the AG loses its entitlement to benefits for the month of application.

Rule 5101:4-6-01:Determining eligibility of drug addicts and alcoholics in treatment programs - Language has been updated to reflect issuance using the electronic benefit transfer (EBT) card with regard to the return of benefits to the AG when the AG leaves the treatment center.

Rule 5101:4-6-03:AGs with income from boarders and day care - To simplify the certification process, AGs with income from boarders have the option to exclude as income the maximum monthly food stamp benefit for an AG size that is equal to the number of boarders in the home. The option still exists that the AG with income from boarders may use actual documented costs of providing rooms and meals if such costs exceed the maximum monthly benefit amount.

Rule 5101:4-6-09:Expedited service - References to the "authorization to participate" (ATP) card and coupons have been replaced with updated language to reflect the use of the electronic benefits transfer method issuing benefits.

Provisions for providing the Social Security numbers have been revised.

Rule 5101:4-6-11:Determining eligibility of AGs with income from self-employment - Paragraph (A) "Areas of Concern" has been removed from the rule. Additional information has been provided to assist with eligibility determinations on AGs who may have capital gains and/or allowable exclusions to income for the AG which contains a member who is self-employed. Policy specifically dealing with farm losses has been included in the policy dealing with determining monthly self-employment income. Allowable exclusions now include payment on the principal of the purchase price of income-producing real estate and capital assets; equipment, machinery, and other durable goods.

Rule 5101:4-6-13:Determining eligibility of AGs with ineligible members - The rule has been amended to more clearly define who is an ineligible AG member and the eligibility determination process for AGs containing an ineligible member. The individual may be ineligible based on his/her alien status, having been disqualified for an IPV, a fleeing felon, an ineligible ABAWD, failure to perform an action required under rule 5101:4-3-09, or for failure or refusal to comply with a work requirement or to provide a social security number. Information regarding ineligible aliens has been expanded.

Rule 5101:4-6-17:Determining eligibility of PA AGs - To encourage program participation, the rule has been rewritten requiring county agencies notify AGs applying for OWF that time limits or other requirements that apply to the receipt of OWF do not apply to the receipt of food stamp benefits. Processing food stamp changes when PA benefits are terminated language has been modified.

Rule 5101:4-6-26: Residents of group homes - Residents of group living arrangements (GLA) may apply on their own behalf using the same provisions that apply to all other AGs. In addition, if the Food and Nutrition Service (FNS) disqualifies the GLA as an authorized retail food store, the county agency must suspend its authorized representative status at the same time, but residents applying on their own behalf will still be able to participate in the program if otherwise eligible. Language in the rule has been updated replacing the terms "ATP card" and "coupons" with current EBT terminology.

Language regarding an AG leaving the group home has been revised.

Rule 5101:4-6-27:Shelters for battered women and their children - Emphasis has been added to existing policy that county agencies must act promptly to ensure the former AG's eligibility or allotment reflects changes in the AG's composition. Reported changes must be acted on promptly. The language in the rule concerning ATP cards and coupons has also been amended to reflect the use of the EBT system of issuance.

Rule 5101:4-6-31: Sponsored aliens - The rule has been amended to specify that county agencies shall exclude the sponsor from the liability of any claims made for food stamp benefits which were over paid to the sponsored alien. Any claims existing against sponsors due to incorrect sponsor information remain valid claims; however, after June 1, 2001, any recipient claims arising from overissuances to an AG which included an eligible sponsored alien will be the sole responsibility of that AG.

Appropriate deeming of the sponsor's (and sponsor's spouse) income and resources to an alien is described in a step-by-step process.

Rule 5101:4-7-01: Reporting requirements during the certification period - Language regarding the acquisition of a licensed vehicle has been removed due to previously discussed changes in the handling of vehicles as a resource. The rule has been amended to reflect the federal decision that the ODJFS 7404 "Notice of Expiration" can no longer be used to shorten an AG's certification period.

Section 824 of PRWORA limits for certain ABAWDS to 3 months of benefits in a 36-month period unless the individual is either working at least 20 hours per week or participating in an approved work or workfare program for at least 20 hours per week. Individuals subject to the ABAWD time limit are now required to report to the county agency if their number or hours worked fall below 20 hours per week, averaged monthly (80 hours per month). The ABAWD individual must report this information according to the income reporting system to which he/she is subject.

Rule 5101:4-7-07:Reapplication - Language has been added to the rule to explain the county agency's responsibility to obtain adequate information from the applicant so that a determination of eligibility can be made. The county agency must also provide a request for verification necessary to determine the AG's eligibility as well as provide the applicant with his/her rights and responsibilities as well as permit the use of fax or electronic transmission, and on-line submission of reapplications. When an AG misses its scheduled interview, the county agency is not required to schedule a second interview unless the AG requests a second interview.

If an AG files an application before the end of the certification period, but fails to take a required action, the county agency may deny the application at that time, at the end of the certification period, or at the end of thirty days. Whichever option is chosen by the county agency, it shall be followed consistently.

Delayed processing of reapplications language has been expanded for clarity.

Rule 5101:4-7-09: State income and eligibility verification system (IEVS) - The rule has been amended to explain that ODJFS as well as the county agency shall continue to exchange data with other state agencies administering other programs using the IEVS. These exchanges are made through data exchange agreements which specifically state what information will be exchanged, the purpose and use of the information, and the procedures used in the exchange of the information. Information received as a result of data exchange shall be acted upon and completed within ninety days from receipt with some exceptions.

This transmittal letter obsoletes FACT No. 18. The FACT was implemented under emergency rule-filing with an effective date of March 1, 2001.

Instructions:

Remove and file as obsolete the pages headed 5101:4-1-05 dated October 1, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-1-13 dated November 1, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-2-01 dated July 15, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-2-03 dated November 30, 1999 and replace with the attached corresponding pages dated 5101:4-2-03 dated March 1, 2001.

Remove and file as obsolete the pages headed 5101:4-2-05 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-2-09 dated June 1, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-2-11 dated May 2, 2000 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-3-07 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the page headed 5101:4-3-08 dated June 4, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-01 dated September 28, 1998 and replace with the attached corresponding pages dated July 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-03 dated July 15, 1999 and replace with the attached corresponding pages dated July 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-033 dated September 28, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-07 dated September 29, 1998 and replace with the attached corresponding pages dated July 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-13 dated November 30, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-19 dated July 15, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-23 dated December 10, 2000 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-27 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-4-31 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-5-03 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-5-07 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-01 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-03 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-09 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-11 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-13 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-17 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-26 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-6-27 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001. (Instructions for replacing rule 5101:4-6-27 was omitted from hard copy)

Remove and file as obsolete the pages headed 5101:4-6-31 dated February 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-7-01 dated August 1, 1998 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-7-07 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.

Remove and file as obsolete the pages headed 5101:4-7-09 dated May 1, 1999 and replace with the attached corresponding pages dated June 1, 2001.