FSTL 293 (January 2009 Five Year Rule Review)
Food Stamp Transmittal Letter No. 293
December 10, 2008
TO: Food Stamp Certification Handbook Holders
FROM: Helen E. Jones-Kelley, Director
SUBJECT: JANUARY 2009 FIVE YEAR RULE REVIEW

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 The purpose of a rule review is to determine whether a rule should be continued without amendment, be amended, or be rescinded, taking into consideration each rule's scope and purpose.

Rules reviewed include the following:

5101:4-3-20, 5101:4-6-07, 5101:4-6-11, 5101:4-6-19, 5101:4-6-29, 5101:4-6-32.

Implementation

These rules are proposed to be effective 01/01/2009. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on 01/01/2009. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

There will not be any changes to these rules that directly affect the eligibility of an applicant/recipient or how any county agency will administer the program. The following is a brief description of the changes to the rules.

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

A reference in paragraph (A)(3)(c) to a section in the CFR was incorrect. A reference in paragraph (B)(1)(a) was updated within the rule. In paragraph (B)(7) and (C)(5) the reference to the Food Stamp Act of 1977 was stricken and replaced with the Food and Nutrition Act of 2008. In paragraph (A)(3) the date of the Workforce Investment Act was stricken and added to the public law. In paragraph (A)(3)(b) a set of parenthesis were removed from the U.S.C. and the date was added.

5101:4-6-07 - Food stamps - strikers.

The reference to an acronym was spelled out.

5101:4-6-11 - Food stamps - determining eligibility of assistance groups (AGs) with income from self-employment.

The reference in paragraph (B)(3) to the IRS form number 533, Information on Self-Employment Tax, has been removed from the rule. The form has been discontinued and that information can now be found in IRS form number 334, Tax Guide for Small Business.

5101:4-6-19 - Food stamps - determining eligibility of supplemental security income (SSI) assistance groups (AGs).

In paragraph (A)(1) the year for the public law has been added. In paragraph (C) a revision date was updated for a JFS form. In paragraph (C)(3) a set of parenthesis was removed. In paragraph (A)(1) and (A)(3) the year on the Social Security Act was removed after the first reference in the rule.

5101:4-6-29 - Food stamps- elderly, disabled individuals living with others.

In paragraph (B)(1) the year on the Social Security Act was removed after the first reference in the rule. In paragraph (B) 'as amended' was added after the Social Security Act of 1935. The reference to an acronym was spelled out.

5101:4-6-32 - Food stamps- interim disaster procedures.

'Food stamps' was added to the title. 'As amended' was added to the Disaster Relief Act and to the United States Code. The reference to the Food Stamp Act of 1977 was stricken and replaced with Food and Nutrition Act of 2008. A sentence was added about the USDA secretary approving alternate methods for issuing benefits when the EBT system is not available.

Instruction:

LocationRemove and File as obsoleteInsert/Replacement
Chapter 3000   
Food stamps: time limit for able-bodied adults without dependents (ABAWDs)5101:4‑3‑20
(effective 1/1/2006)
5101:4‑3‑20
(effective 1/1/2009)
Chapter 6000   
Food Stamps: strikers5101:4‑6‑07
(effective 02/01/2004)
5101:4‑6‑07
(effective 01/01/2009)
Food Stamps: determining Eligibility of AGs with Income from Self-Employment5101:4‑6‑11
(effective 02/01/2004)
5101:4‑6‑11
(effective 01/01/2009)
Food Stamps: determining Eligibility of Supplemental Security Income (SSI) Assistance Groups (AGs)5101:4‑6‑19
(effective 05/01/2005)
5101:4‑6‑19
(effective 01/01/2009)
Food Stamps: elderly, Disabled Individuals Living with Others5101:4‑6‑29
(effective 02/01/2004)
5101:4‑6‑29
(effective 01/01/2009)
Food Stamps: interim disaster procedures5101:4‑6‑32
(effective 02/01/2004)
5101:4‑6‑32
(effective 01/01/2009)
Appendix 35
Record of Changes to Handbook
N/AUpdate with the number and date of this transmittal.