Background Information

Amended Sub. H.B. 95, effective July 1, 2003, required Ohio to request from the Food and Nutrition Service (FNS) a waiver of the applicability of the work requirements outlined in OAC rule 5101:4-3-20 for individuals defined as able-bodied adults without dependents who are residing in a county with an unemployment rate over ten percent in the four months prior to implementation of the waiver.

The waiver was approved for implementation for one year (through September 30, 2004) by FNS to exclude ABAWD individuals in Adams, Meigs, Morgan, and Vinton counties from the ABAWD work requirements because the unemployment rate for twelve recent calendar months, July 2002-June 2003, exceeded ten percent.

Approved Counties

The ABAWD waiver exemption is approved for Adams, Meigs, Morgan, and Vinton counties. In order for these counties to receive an extension of this waiver after September 30, 2004, ODJFS must provide unemployment rate data for the affected areas compiled by the Bureau of Labor Statistics (BLS) indicating an unemployment rate greater than ten percent for a recent twelve-month period.

Additional counties cannot be added to the existing waiver. ODJFS would be required to submit, for approval, a new waiver request to FNS with data from BLS confirming that the unemployment rate was greater than ten percent for a recent twelve-month period for a given county.

Implementation

The proposed rule is to be applied at applications or reapplications filed on or after January 1, 2004. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on January 1, 2004. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

Rule Review

Rule 5101:4-3-20 of the Administrative Code was 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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

5101:4-3-20 Food stamps: time limit for able-bodied adults without dependents (ABAWDS).

Paragraph (B)(1)(a) has been revised to include reference to paragraph (C)(1) to (C)(7) of this rule.

Paragraph (C)(7) - an individual is now exempt from the time limit if he or she is residing in a county where the time limit was waived because the average unemployment rate for twelve recent calendar months exceeded ten percent.

Individuals who are now exempt from the work requirements related to time-limited eligibility under paragraph (C)(7) of OAC rule 5101:4-3-20 are subject to the FSET work requirements in OAC rule 5101:4-3-11 unless an exemption under OAC rule 5101:4-3-11 exists.

Training and Technical Assistance

Training and technical assistance needs to implement these rules 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 Services staff.

Fiscal Impact

By waiving the work requirements for ABAWDS in the counties with an average unemployment rate for twelve recent calendar months exceeding ten percent, there should be a reduction in the amount of time spent by caseworkers to process cases. This will result in a reduction in administrative costs for the approved counties.

FSTL Instructions: