The proposed rule is to be applied at applications or reapplications filed on or after January 1, 2006. If no revisions are made to the proposed rule prior to the finalization by JCARR, it will become effective on a permanent basis on January 1, 2006. If changes are necessary, a copy of the revised rule will be forwarded to you at that time.

Background

Amended Sub. H.B. 66, effective July 1, 2005, 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 (ABAWDs) who are residing in a county where the average unemployment rate for twelve recent calendar months exceeded ten per cent or residing in a county that does not have sufficient jobs to provide employment for these individuals.

Previously, under Amended Sub. H.B. 95, Ohio was required to request a waiver of the work requirement based on ABAWD individuals residing in a county with an unemployment rate over ten percent.

ABAWD Exempt Counties

FNS has approved a waiver of the ABAWD work requirements in the following 35 counties based on having an unemployment rate of 20 percent above the national average for the 24-month period of calendar years 2003 and 2004, or 6.91 percent (5.76 national average multiplied by 120 percent), supporting a claim of lack of sufficient jobs: Adams, Allen, Ashland, Ashtabula, Brown, Carroll, Clark, Columbiana, Coshocton, Crawford, Gallia, Guernsey, Harrison, Hocking, Huron, Jackson, Jefferson, Lucas , Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Ottawa, Perry, Pike, Richland, Ross, Sandusky, Scioto, Seneca, Trumbull, Vinton, and Williams counties.

We had requested the waiver to be in effect through June 30, 2006, to coincide with the State budget cycle. The waiver was approved by FNS effective September 1, 2005 and will expire June 30, 2006. FNS based the approval on data we have provided to them from the U.S. Department of Labor, Bureau of Labor Statistics, Appalachian Regional Commission, and an academic study based on Metropolitan Statistical Areas (MSAs).

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 to support the request. ODJFS will also be required to request an extension of the current waiver that expires June 30, 2006 and provide current data to support the request.

FNS denied 11counties a waiver of the ABAWD work requirements due to insufficient evidence to support lack of jobs. Counties denied are: Athens, Cuyahoga, Franklin, Geauga, Hamilton, Lake, Lorain, Medina, Montgomery, Stark, and Summit.

Implementation

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

Paragraph (B) has been revised to clarify (AG) to be assistance group.

Paragraph (C)(7) - has been revised to reference the code of federal regulations, 273.24 (f)(1)(i).

Paragraph (C)(8) - has been added to include individuals residing in a county with the lack of sufficient jobs in accordance with 273.24 (f)(1)(ii) of the code of federal regulations.

Individuals who are now exempt from the work requirements related to time-limited eligibility under paragraph (C)(7) and (C) (8) 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.

An updated Outline of Contents for Chapter 2000 and Chapter 5000 as well as the Table of Contents are included in this FSTL.

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 under rule 5101:4-3-20 in the specified counties, there should be no additional time spent by caseworkers to process cases. These individuals will still be required to meet the work requirements under FSET unless an FSET exemption is met under rule 5101:4-3-11. These individuals will be subject to a sanction if the requirement is not met through the FSET work activity resulting in little or no fiscal impact for the approved waiver counties.

FSTL Instructions