Background Information

On May 13, 2002, the President signed Public Law 107-171, which includes the reauthorization of the Food Stamp Program. This Food Stamp Transmittal Letter (FSTL) is dedicated to incorporate the new statutory requirements of the Food Stamp Program provisions of Title IV of Public Law 107-171, the Food Stamp Reauthorization Act of 2002 (Farm Bill). If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Implementation

The policy changes mandated by the Farm Bill are effective October 1, 2002, except for the following provisions:

• Effective April 1, 2003, eligibility is being restored to legal immigrants who have resided in the United States with a status within the meaning of the term "qualified alien" for a period of five years or more beginning on the date of the alien's entry into the United States.
• Effective April 1, 2003, there will no longer be a seven-year limit on food stamps for refugees, asylees, Amerasians, and Cuban or Haitian entrants. These non-citizens will be eligible as long as they qualify for food stamps based on income and resources.
• Effective October 1, 2003, eligibility is being restored to all legal immigrant children (under 18 years of age), regardless of the date of entry into the United States.
• Effective October 1, 2003, the deeming requirements will no longer be applied to alien children who are under eighteen years of age.

If, at the time of application, reapplication, or change the county agency discovers an ineligible alien who is now eligible under one of the above provisions, the county agency must take the appropriate action to add the individual, if otherwise eligible.

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.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:

5101:4-3-06, 5101:4-3-07, 5101:4-3-24, 5101:4-3-32, 5101:4-4-01, 5101:4-4-09, 5101:4-4-13, 5101:4-6-16, and 5101:4-6-31

5101:4-3-07: Citizenship and Alien Status

The Farm Bill restores food stamp benefits to certain legal immigrants on various effective dates.

Effective October 1, 2002, eligibility is restored to disabled legal immigrants who entered the United States after August 22, 1996 and who are receiving SSI or Federal categories of Medicaid. These qualified aliens who are otherwise eligible and who are receiving disability benefits are eligible for food stamps regardless of the date of entry. The requirement that these individuals had to be in the country on August 22, 1996 has been removed.

Effective April 1, 2003, eligibility is being restored to legal immigrants who have resided in the United States with a status within the meaning of the term "qualified alien" for a period of five years or more beginning on the date of the alien's entry into the United States.

Effective April 1, 2003, there will no longer be a seven-year limit on food stamps for refugees, asylees, Amerasians, and Cuban or Haitian entrants. These non-citizens will be eligible as long as they qualify for food stamps based on income and resources.

Effective October 1, 2003, eligibility is being restored to all legal immigrant children, regardless of the date of entry into the United States.

5101:4-3-32: Food Stamp Employment and Training: Supportive Services

This rule has been amended to remove the federal cap of $25 per month on the amount that counties may reimburse FSET participants for work-related expenses other than dependent care. The reimbursement amount for dependent care expenses must not exceed the limits outlined in Appendix A of 5101:4-4-23 of the Administrative Code.

5101:4-4-01: Resource Eligibility Standards

The resource limit for AGs containing a disabled member is being increased from $2,000 to $3,000 which is consistent with the resource limit for AGs containing an elderly AG member.

5101:4-6-31: Sponsored Aliens

Effective October 1, 2003, the deeming requirements will no longer be applied to alien children who are under eighteen years of age.

Miscellaneous

• 5101:4-3-06, Victims of Trafficking, is being revised to reflect the removal of the expiration date on the certification letters and letters for children of victims of a severe form of trafficking. The initial certification letters for adults and eligibility letters for children contained eight-month expiration dates. However, as of November 6, 2001, certification letters for adults and letters for children no longer contain expiration dates.

Individuals certified by the Office of Refugee Resettlement (ORR) on or after November 2, 2001 will receive notarized certification letters without an expiration date. A sample of the new certification letter without an expiration date is attached. Individuals who were certified before November 6, 2001 received certification letters with eight-month certification dates. As these letters begin to expire, the ORR will issue notarized recertification letters without expiration dates. The recertification letters will contain a lower case "r" beside the HHS tracking number. A sample of a recertification letter is attached. Please note that all original letters are printed on Health and Human Services (HHS) letterhead and will have a notary public stamp and seal at the bottom to help prevent fraudulent copies.

Recertification letters from ORR do not grant victims of a severe form of trafficking an additional eligibility period for any benefit or service. The recertification letter is a reissuance of the original letter without an expiration date confirming that the individual continues to meet the certification requirements. If an individual presents an expired certification letter when applying or reapplying for benefits, the county agency must call the ORR trafficking verification telephone number at (202)401-5510 for assistance.

Some victims of a severe form of trafficking may have moved since they received their first certification letter or letter for children. To aid ORR in the recertification process, county agencies should call the ORR trafficking verification line at the above telephone number when or if the agency is aware of any address changes for victims of a severe form of trafficking.

• 5101:4-3-24 was distributed through a separate clearance (Clearance Control Number 4946) as a result of the 5-year rule review mandated by ORC 119.032 and is included in this FSTL print packet.
• Minor changes were made to 5101:4-4-09, Tranfers of Resources, as a result of the 5 year rule review process. The minor changes were made to parallel the language in this rule with the language contained in the Code of Federal Regulations.
• As a result of recent interpretation and clarification from the Food and Nutrition Service, rules 5101:4-4-13 and 5101:4-6-16 have been revised to remove Supplemental Security Income (SSI) from the definition of a "means-tested public assistance" as it relates to the Failure to Perform a Required Action Under a Federal, State, or Local Means-Tested Program regulation. This information was conveyed to county agencies in a memo dated June 14, 2002 and is effective immediately.
• The "Request For Contact" (JFS 04219) has been revised to include cash assistance for it's inclusion in a future Cash Assistance Manual Transmittal Letter.

Fiscal Impact

There should be little or no fiscal impact for the county agencies to implement this FSTL. No desk review will be required. These changes will not result in additional time spent for caseworkers to process cases. The expenditures of state funds for transportation and other participant expenses, excluding dependent care, will be reimbursed from federal funds at the 50 percent rate, up to the maximum level of reimbursement established by the county agency.

Training and Technical Assistance

Training and technical assistance needs to implement this rule will be minimal. Clarification regarding these rules will be available to county staff by ODJFS through the Bureau of County Oversight and Support program policy staff.

Instructions

Remove and file as obsolete all pages headed 5101:4-3-06 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-3-07 and replace with the attached corresponding pages.

Remove and file as obsolete the page headed 5101:4-3-24 and replace with the attached corresponding page.

Remove and file as obsolete the page headed 5101:4-3-32 and replace with the attached corresponding page.

Remove and file as obsolete all pages headed 5101:4-4-01 and replace with the attached corresponding pages.

Remove and file as obsolete the page headed 5101:4-4-09 and replace with the attached corresponding page.

Remove and file as obsolete all pages headed 5101:4-4-13 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-6-16 and replace with the attached corresponding pages.

Remove and file as obsolete all pages headed 5101:4-6-31 and replace with the attached corresponding pages.

Remove and file as obsolete all pages of the Appendix Index dated July 1, 2002 and replace with the attached corresponding pages dated October 1, 2002.

Remove and file as obsolete Appendix 19, "Request for Contact" and replace with the attached corresponding page. (JFS 04219)

Remove and file as obsolete Appendix 67, "Sample Certification Letter for Adult Victims of Severe Forms of Trafficking" and replace with the attached corresponding page.

Remove and file obsolete Appendix 68, "Sample Letter for Children Who Are Victims of Severe Forms of Trafficking" and replace with the attached corresponding page.

Insert the attached "Sample Recertification Letter for Adult Victims of Severe Forms of Trafficking " as Appendix 69.

Insert the attached "Sample Re-eligibility Letter for Children Who Are Victims of Severe Forms of Trafficking" as Appendix 70.

Update Appendix 35, Record of Changes to Handbook, with the number and date of this transmittal.