(A) Application
processing definitions.
(1) "Assistance
group" is a group of recipients receiving benefits together under a
specific category of assistance. In the Ohio works first (OWF) program,
"assistance group" is defined in section 5107.02 of the Revised Code,
and means a group of individuals treated as a unit for purposes of determining
eligibility for and the amount of assistance provided under OWF.
(2) An
"authorized representative" is an individual, eighteen years of age
or older, who stands in place of the assistance group. The authorized
representative may act on behalf of individuals inside or outside the household
in which the authorized representative lives.
(3) A
"case" consists of one or more assistance groups.
(4) "Household"
is defined as a personal place of residence. A commercial establishment such as
a hotel or boarding house is not a household. However, a household can exist
within a commercial establishment.
(B) What is the
application process?
(1) The application
process is a series of activities which includes:
(a) A request for
assistance,
(b) An interactive
interview, and
(c) Approval or
denial of benefits.
(2) For OWF
applicants the application process also includes:
(a) Prior to
authorization, the county agency shall:assess, appraise, and enter into a written self sufficiency
contract (SSC) for each work eligible individual, minor head of household and
adult member of the assistance group, as set forth in rule 5101:1-3-11 of the
Administrative Code.
(i) For each work eligible individual
between the ages of fourteen and twenty-four:
(a) Not later than
seven days from the date of application, refer the individual to a lead agency
for a comprehensive assessment conducted in accordance with rule 5101:14-1-04
of the Administrative Code; and
(b) Ensure the
individual has signed an individual opportunity plan developed in accordance
with paragraph (G) of rule 5101:14-1-04 of the Administrative Code, that
includes an assignment to at least one comprehensive case management and
employment program (CCMEP) service or activity.
(ii) For all other work eligible individuals,
minor heads of household and adult members of the assistance group, assess,
appraise, and enter into a written self sufficiency contract (SSC) for each
work eligible individual, minor head of household and adult member of the
assistance group, in accordance with rule 5101:1-3-11 of the Administrative
Code.
(b) As agreed in
the SSC, the county agency may require a work eligible individual to complete a
job search and job readiness applicant assignment as set forth in rule
5101:1-3-12.5 of the Administrative Code, prior to authorization of OWF
benefits as set forth in rule 5101:1-3-11 of the Administrative Code. In
accordance with rule 5101:9-2-02 of the Administrative Code, if the work
eligible individual discloses, has, or appears to have a physical or mental
condition that substantially limits one or more major life activities, the
county agency shall ensure that the assignment is consistent with its Americans
with Disabilities Act (ADA) of 1990 plan in accordance with rule 5101:9-2-02 of
the Administrative Code.
(3) The application
process requires the complete cooperation of the assistance group and the
prompt responsiveness of the county agency.
(4) The application
process shall be administered with courtesy, consideration, and respect.
(5) Administrative
duties shall be performed in such a manner as to secure for every assistance
group the full amount of benefits to which it is legally entitled according to
program regulations.
(6) The distinction
must be drawn between a "request for public assistance" (an
application) and a "request for information" (an inquiry). An inquiry
will not always result in an application. Any individual has the right to apply
for benefits for themselves or on behalf of another individual.
(C) What must be
included in the application packet?
At the time the application request is made, the following
documents are given or sent to the applicant or authorized representative:
(1) The JFS 07200
"Request for Cash, Food Assistance, and Medical Assistance" (rev. 9/2014)(10/2016),
which includes the voter registration form. If an assistance group is currently
receiving food assistance and decides to apply for cash assistance at
recertification, the JFS 07204 "Request to Reapply for Cash and Food
Assistance" (rev. 1/2013)(10/2016) complete with a name, address and signature
shall establish the date of application for these additional benefits.
(2) The JFS 07501
"Program Enrollment and Benefit Information" (rev.
11/2014)(3/2017).
(D) When is an
application packet provided?
(1) The county
agency shall provide an application upon request. When the request is made in
person at the county agency, the application packet shall be given the same day
as the request.
(2) When the county
agency receives the request by telephone or letter, the application packet is
mailed the day that the request is received.
(3) The right to
apply shall not be discouraged or denied. An individual/family who appears
ineligible shall still be allowed to exercise the right to apply for
assistance.
(E) Who must sign
the application?
(1) The
application, meeting the minimum requirements described in paragraph (G)(1) of
this rule, must be signed by one of the following individuals in order to register
the application:
(a) A payee for the
assistance group;
(b) A caretaker for
the assistance group;
(c) Another
responsible member of the assistance group;
(d) A spouse or
natural or adoptive parent of a member of the assistance group who is not an
assistance group member, who resides with the assistance group, and can
reasonably be determined to be acting responsibly for the assistance group; or
(e) An authorized
representative for the assistance group.
(2) For other
assistance groups identified on the application, an individual meeting one of
the definitions provided in paragraph (E)(1) of this rule must sign the
application in order to register the request for assistance for that assistance
group. The county agency shall notify the potential assistance groups of this
requirement in writing no later than one working day following the interview.
(3) Since the
interview may be scheduled after the actual date an application is submitted,
and initial benefits are affected by the date of application, the county agency
should provide a potential assistance group identified on the application an
opportunity to sign and complete the minimum application requirements described
in paragraph (G)(1) of this rule as soon as possible.
(F) What are the
requirements for authorized representatives?
(1) The assistance
group shall provide a written statement naming the authorized representative
and the duties which the named authorized representative may perform on the
assistance group's behalf.
(2) When written
authorization cannot be obtained because of the individual's incompetency or
incapacity, the county agency may waive the written statement and assist in
naming a responsible party to act as authorized representative for the
assistance group.
(3) The assistance
group is responsible for notifying the county agency of any change in the named
authorized representative.
(4) When the
assistance group has an authorized representative named to act on its behalf,
all notices and correspondence issued by the county agency on behalf of the
assistance group shall be issued to both the authorized representative and the
assistance group.
(5) In situations
where an authorized representative provides incorrect or fraudulent eligibility
information, the assistance group may still be held liable for any overpayments
that occur. The authorized representative will be held responsible for
overpayments when the authorized representative is the legal guardian or legal
trustee for the assistance group.
(6) If it is
determined that the authorized representative has given incorrect information
intentionally through no fault of the assistance group, a referral shall be
made to the county prosecutor to determine if fraud occurred on the part of the
authorized representative. If the prosecutor's determination is that the
authorized representative committed fraud, the authorized representative may be
found liable for the overpayment.
(G) How is the
application completed?
(1) The application
should be filled out as completely as possible by the individual, but at a
minimum shall include a name, address and signature of an individual specified
in paragraph (E) of this rule.
(a) If the
application is completed at the county agency, the person completing it may not
be able to answer all of the questions completely from memory or personal
knowledge.
(b) Each question
on the application shall be completed to the fullest extent possible and any
missing information must be supplied during the interview or through the
required verifications.
(2) The assistance
group and/or authorized representative shall make an accurate and complete
disclosure of all information necessary for a determination of eligibility.
Such disclosure shall be made at the time of initial application, at
reapplication, and within ten days of the date that any change specifically
identified in rule 5101:1-2-20 of the Administrative Code occurs.
(3) The assistance
group's report of an impending change in circumstances does not negate its
responsibility to report any change identified in rule 5101:1-2-20 of the
Administrative Code as a reporting requirement within ten days from the date
the change actually occurs.
(H) What is the
application date and how is an application registered?
(1) The county
agency shall accept the application on the day it is turned into the county
agency. The "date of application" is the date on which the county
agency receives a JFS 07200, or a JFS 07204 for existing assistance groups
completing a telephone interview, that contains the minimum requirements
described in paragraph (G)(1) of this rule.
(2) Upon receipt of
an application containing the minimum requirements described in paragraph
(G)(1) of this rule, the county agency shall enter the information into the
statewide automated eligibility system.
(3) The date of
application shall not be delayed by the county agency because of any local
office procedure. The date of the interview shall not be used to delay the
application date.
(4) The assistance
group shall be given the opportunity to complete and return the application on
the same date the application is requested. When this occurs, the date of
application is the same day as the request.
(5) The county
agency shall advise that the date of the application and the beginning date of
benefits are dependent upon the date the application containing the minimum
requirements described in paragraph (G)(1) of this rule is returned to the
county agency provided all other eligibility factors are met on or before the
date received.
(6) When an
application containing the minimum requirements described in paragraph (G)(1)
of this rule is returned by mail, the date of application shall be the date the
county agency receives the application. When the county agency receives an
application containing the minimum requirements described in paragraph (G)(1)
of this rule from the social security administration, the date of application
for all public assistance programs, except food assistance, shall be the date
the county agency receives the application. All applications received by mail
shall be date stamped the day received.
(7) Applications
signed through the use of electronic signature techniques or applications containing
a handwritten signature and then transmitted by fax or other electronic
transmission are acceptable. When an application is submitted by fax or
electronically, the date of application shall be the date the county agency
receives the application.
(I) What is the
role of the county agency in the completion of the application process?
(1) The county
agency shall help complete the application when assistance is requested and no
other family member, close friend, authorized representative, or other appropriate
individual is available.
(2) When the county
agency assists or completes an application, the employee of the county agency
shall sign his or her name and title/relationship to the assistance group on
the application.
(3) A county agency
employee shall not alter any answers given by the assistance group on the
application. The county agency employee may assist in completing the
application by asking the assistance group for answers needed to complete the
application. The county agency employee may then mark or fill in the answer on
the application.
(4) The normal
process of inputting data provided by the applicant during the interview shall
not be construed to mean that the county agency has assisted with the
completion of the application.
(J) What are the
interview requirements?
(1) An interview
shall be scheduled as promptly as possible after the receipt and registration
of an application containing the minimum requirements described in paragraph
(G)(1) of this rule, to ensure that an eligible assistance group receives an
opportunity to participate within the time frames for completion of the
application process pursuant to paragraph (M) of this rule.
(2) If the primary
language of the individual completing the interview is not English, the county
agency shall offer an interpreter at no cost to the individual. The individual
shall not be required to provide his or her own interpreter or use a family
member, unless they desire to do so.
(3) If the
individual who satisfies the interview requirement for the assistance group is
not an assistance group member (e.g., authorized representative), and the
county agency questions the information provided by that individual, the county
agency retains the right to contact the assistance group to clarify the information.
(K) How can the
interview be conducted?
(1) The county
agency may conduct an:
(a) Office
interview;
(b) Telephone
interview; or
(c) Home visit (as
long as it is scheduled in advance with the assistance group).
(2) The type of
interview conducted is left to the county agency's discretion unless the
applicant requests a face-to-face interview. The county agency shall grant a
face-to-face interview to any assistance group that requests one.
(L) What are the
county agency's responsibilities for the interview?
(1) The county
agency shall provide:
(a) The JFS 07344
"Direct Deposit Authorization" (rev. 8/2009) if applicable; and
(b) The JFS 07501
if one has not already been provided.
(c) To an
individual who requests disability financial assistance (DFA) and alleges to be
unable to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment that can be expected to result in
death or that has lasted or can be expected to last for a continuous period of not
less than nine months:
(i) The JFS 07319
"Authorization for Reimbursement of Interim Assistance Initial Claim or
Post-Eligibility Case" (rev. 4/2014);
(ii) An application
for medicaid unless one is already pending or the applicant is already in recieptreceipt of
medicaid; and
(iii) The JFS 07302
"Basic Medical" (10/2016) and/or the JFS 07308 "Mental
Functional Capacity Assessment" (10/2016). The county agency shall request
the form(s) in accordance with paragraph (P) of this rule and shall require
that the form be returned within ninety days of the request.
(2) If the
statewide automated eligibility system is unavailable, the JFS 01846,
"Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview"
(rev. 5/2005), and the JFS 07501 shall be used to conduct the interview. The
applicant shall be given a copy of the JFS 07501. The information obtained on
the JFS 01846 shall be entered into the statewide automated eligibility system.
(3) Assist in
obtaining verification and completing the voter registration forms if requested
by the assistance group.
(4) Determine
eligibility as soon as possible after the application requirements are
complete.
(5) Document the
eligibility determination in the case record.
(6) Send the JFS
07092, "Notice to Individuals Applying for or Participating in Ohio Works
First (OWF) Regarding Cooperation with the Child Support Enforcement Agency
(CSEA)" (rev. 3/2009), to the child support enforcement agency (CSEA) each
time that an individual signs the form to claim good cause for refusal to
cooperate with child support.
(M) What is the time
frame for determining eligibility?
(1) For an OWF or
refugee cash assistance (RCA) application, the determination of eligibility
shall be completed within thirty calendar days from the date of application.
(a) An OWF
application awaiting completion of an applicant assignment may pend up to, but
no longer than, thirty days from the date of application before authorization.
(b) No more than
forty-five days may elapse between the date of application and the issuance of
the benefit, or the notification of the approval or denial of assistance.
(2) No later than
thirty days after the date of application, the county agency shall determine if
the DFA applicant meets the financial and nonfinancial eligibility criteria for
DFA described in Chapter 5101:1-5 of the Administrative Code.
(a) When the
financial and nonfinancial eligibility criteria are not met, the county agency
shall deny the application for DFA without completing a disability
determination in accordance with rule 5101:1-5-20 of the Administrative Code.
(b) When the
financial and nonfinancial eligibility criteria are met and a current medical
statement was requested in accordance with this rule, the county agency shall:
(i) Determine
eligibility for DFA within ten days of receipt of the current medical statement
when the statement is received by the county agency within ninety days of the
date it was requested; or
(ii) Deny the
application for DFA when the statement is not received within ninety days of
the date it was requested.
(3) The time frames
may be exceeded in situations where completion of the determination of
eligibility is delayed because of circumstances which are considered beyond the
control of the county agency or assistance group such as:
(a) Failure, with
good cause, to secure necessary verifications;
(b) Failure or
delay on the part of an examining physician to provide all needed information.
(4) When
calculating the thirty, forty-five or ninety-day time periods, the following
provisions are applicable:
(a) The initial day
is excluded from the computation and the last day is included;
(b) When the last
day of the time period falls on a Saturday, Sunday or legal holiday, the time
period shall end on the next working day;
(c) This method
shall be used in calculating all time periods, unless specified as working
days.
(5) If the
application pends longer than thirty days, running record comments shall be
documented at least every thirty days with the reason for the delay.
(N) What is the
purpose and location of the application interview?
(1) The interview
shall be scheduled as promptly as possible after the receipt of an application
containing the minimum requirements described in paragraph (G)(1) of this rule
to ensure that an eligible assistance group receives an opportunity to
participate within the time frames for completion of the application process
pursuant to paragraph (M) of this rule.
(2) The interview
is used to inform the assistance group of all required verifications, the time
period in which the verifications must be submitted to the county agency, and
the responsibility of the county agency to assist if help is needed in
obtaining any items. The interview is also used to determine if the application
has been thoroughly completed and if the information provided accurately
represents the assistance group's situation.
(3) If the
interview cannot be conducted in the county agency offices or by telephone,
alternative locations and/or hours must be arranged.
(O) What shall be
covered in the application interview?
(1) The eligibility
requirements for cash, medical and food assistance, including issuance and use.
(2) All information
contained on the JFS 07501.
(3) The required
verifications and information that must be provided. This will include a review
of those verifications already provided and those verifications remaining to be
secured. The county agency shall also inform the assistance group of assistance
that they can provide in securing the required verifications and information.
(4) The importance
of abiding by the time limits for providing the verifications and additional
information. The county agency shall emphasize that the application cannot be
processed until the verifications and additional information are submitted.
(5) The joint
responsibility for exploring all the factors of eligibility and the
circumstances under which the assistance group will be held responsible for
presenting records or documents in its possession to support statements.
(6) The
consequences for failing to accurately report the circumstances of the
assistance group at the point of application and later if the circumstances
should change. Possible recoupment of overpayments and/or referral to law
enforcement officials for civil or criminal prosecution could result from a
failure to fully and honestly report the circumstances at all times.
(7) The
availability, purpose, and provision of appropriate social services programs
within and outside the agency regardless of an individual's receipt of
financial assistance.
(8) The
responsibility of the parent for minor children and spouses for each other.
(9) The ability of
the assistance group to meet its needs pending the receipt of the first
benefit.
(10) The availability
of free legal services through legal aid.
(11) For individuals
applying for DFA, interim assistance for individuals who have a supplemental
security income (SSI) application pending and an explanation of the SSI case
management program.
(12) An explanation
of eligibility for a pregnant minor or minor parent and child to receive
assistance as set forth in section 5107.24 of the Revised Code.
(13) An explanation
of the SSC and the time limit requirements and extensions for the OWF program.
(14) An explanation
of the waiver of OWF eligibility requirements due to domestic violence,
including the good cause exception for refusal to cooperate with child support
when applicable.
(15) An explanation
of the individual's rights under the ADA, including the right to request
reasonable modification in program activities.
(P) Follow-up after
the application interview.
During the interview, the county agency shall offer assistance
in getting any additional verifications or information that is needed in order
to process the case. The county agency shall use the JFS 07105
"Application/Reapplication Verification Request Checklist" (rev. 3/2013)(10/2016).
The checklist must provide a date for the return of the verifications. If the
required information and verifications are not received by this date, benefits
are denied.
(Q) What is
considered a failure in the application process?
Failure to cooperate in the application process and the
verification requirements shall result in a denial of the OWF, DFA or refugee
cash assistance (RCA) application. Failure occurs:
(1) When the
information/verification is not provided after the county agency properly
advised what information/verification is needed to determine eligibility
provided no request for assistance in obtaining information/verification is
received by the county agency; or
(2) When the county
agency is not given necessary information to assist in obtaining the
verification needed to determine eligibility; or
(3) When the
assistance group fails to participate in a scheduled application interview.
(4) For OWF, when
any work eligible individual, minor head of household, or adult member of the
assistance group fails to enter into a written SSC with the county agency.
Effective: 10/1/2017
Five Year Review (FYR) Dates: 7/17/2017 and 10/01/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 09/21/2017
Promulgated Under: 119.03
Statutory Authority: 5116.06, 5115.05, 5107.05, 5107.04,
5107.03, 5107.02, 5101.49
Rule Amplifies: 5101.49, 5116.11, 5116.10, 5116.06, 5115.05, 5107.717,
5107.716, 5107.715, 5107.714, 5107.713, 5107.712, 5107.711, 5107.71, 5107.121,
5107.12, 5107.05, 5107.04, 5107.02
Prior Effective Dates: 8/1/75, 6/1/76, 7/14/77, 12/31/77,
9/1/82, 11/1/84, 4/1/86, 10/1/87 (Emer.), 12/24/87, 1/1/88 (Emer.), 4/1/88
(Emer.), 6/10/88, 9/1/88, 10/1/88 (Emer.), 10/25/88 (Emer.), 12/20/88, 12/1/89,
4/1/90 (Emer.), 6/22/90, 8/1/90 (Emer.), 10/25/90, 1/1/91 (Emer.), 2/21/91,
4/1/91 (Emer.), 6/1/91, 7/1/91 (Emer.), 9/15/91, 10/1/91 (Emer.), 12/20/91,
7/1/92, 1/1/93 (Emer.), 2/11/93, 3/18/93, 5/1/93, 9/1/93, 1/1/94, 1/1/95
(Emer.), 4/1/95, 7/1/95, 10/1/95, 6/1/96, 10/1/96 (Emer.), 12/15/96, 10/1/97
(Emer.), 12/30/97, 7/1/98, 10/1/99, 7/1/00, 8/1/01, 5/2/05, 1/1/08, 5/1/09, 1/1/10,
12/1/10, 3/1/11, 7/1/11, 5/7/12, 10/15/12, 10/1/14, 2/1/16, 10/1/16