(A)The
unreimbursed assistance (URA) is the total amount of assistance paid to the
family that has not been reimbursed from child support and spousal support
collections retained by the Ohio department of job and family services pursuant
to the assignment of support. This rule describes when assistance paid to the
family is to be included in the URA.
(B)Definitions.
(1)The following
definitions apply to all rules in division 5101:12 of the Administrative Code.
(a)"Assistance"
and "assistance paid to the family" have the same meaning as in
action transmittal 99-10 (9/15/1999), which can be located on the federal
office of child support enforcement's website.
(b)"Unreimbursed
assistance" means the cumulative amount of assistance paid to the family
that has not been repaid by retained assigned support collections.
(2)The following
definitions apply to this rule:
(a)"Caretaker"
means an adult or minor head of household with whom a child who receives Ohio
works first (OWF) or medicaid resides but is not the parent of the minor child.
(b)"Family"
means a unit of people who receive OWF benefits together. A "family"
is either a parent/child family or caretaker/child family, as described in
paragraph (C) of this rule.
(c)"Minor
child" means, in accordance with section 5107.02 of the Revised Code:
(i)An individual
who has not attained the age of eighteen; or
(ii)An individual
who has not attained the age of nineteen and is a full-time student in a
secondary school or in the equivalent level of vocational or technical
training.
(C)OWF URA.
(1)A minor child
who resides with a parent and receives OWF benefits is considered a
parent/child family, for OWF URA purposes. Any OWF paid to that parent/child
family is added to that parent/child family's OWF URA. The parent/child family
can also include any of the following:
(a)The parent or
parents of the minor child, when the parent or parents receive OWF benefits
with that parent/child family.
(b)A sibling,
step-sibling, or half-sibling of the minor child, when the sibling receives OWF
benefits with that parent/child family.
(c)A minor child
of any of the minor children of the family, when that minor child receives OWF
benefits with that parent/child family.
(d)A minor child
who is temporarily absent from the parent's home, when that minor child
continues to receive OWF benefits with that parent/child family.
(2)A minor child
who resides with a caretaker and receives OWF benefits is considered a
caretaker/child family, for OWF URA purposes. Any OWF paid to that caretaker/child
family is added to that caretaker/child family's OWF URA. The caretaker/child
family can also include any of the following:
(a)The caretaker
of the minor child, when the caretaker receives OWF benefits with that
caretaker/child family.
(b)A sibling of
the minor child who resides with the family, when the sibling receives OWF
benefits with that caretaker/child family.
(c)A minor child
of any of the minor children of the family who resides with the family, when
that minor child receives OWF benefits with that caretaker/child family.
(3)When any member
of the family no longer receives OWF benefits with that family, then that
member is no longer included in that family's OWF URA. When that member
receives OWF benefits with or as a new family, any OWF paid to the new family
is added the new family's OWF URA. Any OWF paid to the original family is not
added to the new family's OWF URA.
(D)Title IV-E
foster care maintenance (FCM) URA.
(1)When a minor
child receives FCM benefits, any FCM paid for that minor child is added to that
minor child's FCM URA.
(2)When that child
had received OWF benefits with a family before receiving FCM benefits, then the
OWF paid to that family is not added to the child's FCM URA. When a child had
received FCM benefits before receiving OWF benefits with a family, any FCM
benefits paid to the child is not added to the family's OWF URA.
(E)The total
amount of URA paid to the family that may be recovered through the IV-D program
is limited by the total amount of the assigned support obligation.
Five Year Review (FYR) Dates: 9/21/2023 and 09/21/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 09/21/2023
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03, 5107.20
Prior Effective Dates: 12/01/2008, 01/15/2014