Background

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

The rules reviewed include the following: 5101:4-3-23, 5101:4-4-01, 5101:4-4-03, 5101:4-4-07, 5101:4-4-13, and 5101:4-4-19.

Implementation

These rules are proposed to be effective 06/12/2008. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on 06/12/2008. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

The following is a brief description of the changes to these rules.

5101:4-3-23 - Food stamps: completion of the JFS 07355.

This rule has been amended to either spell out or to correct acronyms.

5101:4-4-01 - Food stamps: resource eligibility standards.

This rule has been amended to spell out an acronym.

5101:4-4-03 - Food stamps: exempt resources.

This rule has been amended to either spell out or to correct acronyms and typographical errors.

5101:4-4-07 - Food stamps: special resource situations.

This rule has been amended to either spell out or to correct acronyms and typographical errors.

5101:4-4-13 - Food stamps: types of excluded income.

Paragraph (D)(1)(y) of this rule addresses the exclusion of additional pay received by military personnel as a result of deployment to a combat zone. This exclusion became permanent law as a result of the Consolidated Appropriations Bill, 2008, Public Law 110-161. This rule has been amended to reflect the reference to Public Law 110-161.

The Food and Nutrition Service (FNS) has provided clarification regarding the bank accounts of deployed military personnel overseas. Some deployed military personnel may provide their parents or other individuals access to their bank accounts allowing them to pay bills and otherwise handle the serviceperson's affairs while the individual is away. According to OAC 5101:4-4-07(A), resources that are jointly owned by separate assistance groups (AGs) are considered available in their entirety to each AG, unless the AG can demonstrate that the resources are inaccessible to the applicant AG. If the AG can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource must be counted toward the AG's resource level.

FNS has clarified that if an applicant AG, with access to a deployed serviceperson's bank account, can document to the satisfaction of the county agency that they can access the account, or a portion thereof, solely for the purpose of paying the serviceperson's bills, etc., and the AG cannot use the funds for themselves, the funds would be excluded as inaccessible resources. It is the responsibility of the applicant AG to provide documentation concerning such an arrangement. This could be in the form of a written statement from the serviceperson to this effect, a statement from the involved financial institution, or other means attesting to the fact.

If it is determined that the applicant AG can access a serviceperson's bank account for their own purposes, the funds must be considered a resource for food stamps under OAC 5101:4-4-07(A).

The listing of areas that have been designated as combat zones has been updated to include Somalia and is attached for your reference. The listing will also be posted on the Innerweb in the Manual Desk Aids of the Food Stamp Certification Handbook under http://emanuals.jfs.ohio.gov/work/FSH.

This rule has also been amended to either spell out or to correct acronyms.

5101:4-4-19 - Food stamps: countable income.

This rule has been amended to either spell out or to correct acronyms and typographical errors.

FSTL Instructions

Combat Zone Tax Exclusion Areas - Page 1

Executive Order 12744 (effective January 17, 1991) - Arabian Sea Portion that lies North of 10 degrees North Latitude and West of 68 degrees East Longitude

• Bahrain
• Gulf of Aden
• Gulf of Oman
• Iraq
• Kuwait
• Persian Gulf
• Qatar
• Oman
• Red Sea
• Saudi Arabia
• United Arab Emirates

Direct Support of Executive Order 12744

• Turkey effective January 1, 2003 through December 31, 2005
• Israel effective January 1, 2003 through July 31, 2003
• East Mediterranean Sea effective March 19, 2003 through July 31, 2003
• Jordan effective March 19, 2003
• Egypt effective March 19, 2003 through April 20, 2003

Executive Order 13239 (effective September 19, 2001)

• Afghanistan

Direct Support of Executive Order 13230

• Pakistan effective September 19, 2001
• Tajikistan effective September 19, 2001
• Jordan effective September 19, 2001
• Incirlik AFB Turkey effective September 21, 2001 through December 31, 2005
• Kyrgyzstan effective October 1, 2001
• Uzbekistan effective October 1, 2001
• Phillipines [only troops with orders that reference Operation Enduring Freedom (OEF)] effective January 9, 2002
• Yemen effective April 10, 2002
• Djibouti effective July 1, 2002
• Somalia effective January 1, 2004

Combat Zone Tax Exclusion Area - Page 2

Executive Order 13119 (effective March 24, 1999)

Public Law 106-21 Establishing Kosovo as Qualified Hazardous Duty Area (March 24, 1999)

• The Federal Republic of Yugoslavia (Serbia/Montenegro)
• Albania
• The Adriatic Sea
• The Ionian Sea north of the 39th parallel

Public Law 104-117 Establishing a Qualified Hazardous Duty Area (November 1995)

• Bosnia
• Herzegovina
• Croatia
• Macedonia