(A) What is a reporting
requirement?
Every assistance group receiving benefits must report certain
changes that affect eligibility. Reporting requirements ensure an accurate
benefit amount is received and that only assistance groups who remain eligible
continue to receive benefits.
(B) What are the
requirements for reporting changes?
(1) Assistance
groups shall report if their gross income exceeds one hundred thirty per cent
of the monthly poverty income guideline for their assistance group size within
ten days following the end of the month in which the change first occurred;
(2) All assistance
groups shall be required to submit an interim report prior to the end of the
sixth month of a twelve month certification period or prior to the end of the
twelfth month of a twenty-four month certification period as defined in
paragraph (H) of this rule. Assistance groups certified six months or less do
not have to submit an interim report; and
(3) Able-bodied
adults without dependents subject to the work requirements and time limit set
forth in rule 5101:4-3-20 of the Administrative Code are required to report any
changes in work hours that bring an individual below twenty hours per week or
eighty hours per month, as defined in rule 5101:4-3-20 of the Administrative
Code, within ten days following the end of the month in which the change first
occurred.
(C) How are
changes reported?
The assistance group may report changes as follows:
(1) By returning a
JFS 04196, "Food Assistance Change Reporting" (rev. 11/2016 10/2017). The
county agency shall pay the postage for return of the form.
(2) In person,
electronically or over the telephone. The county agency shall use discretion in
determining if further verification is necessary. These changes shall be acted
on in the same manner as those reported on a change report form.
(D) When shall the
county agency provide a change report form?
A change report form shall be provided to assistance groups at
application, recertification, and whenever the assistance group returns a
change report form. The county agency can provide the form more often at its
option.
(E) How does an
assistance group know their reporting requirements?
Assistance groups will be advised of their reporting
requirements on the notice of approval and/or notice of change at application,
reapplication or any time a change occurs and is reported.
(F) What must an
applicant report during the application process?
(1) Once the
applicant submits an application, the applicant shall report any changes in the
information on the application at the certification interview.
(2) The applicant
shall report all changes that occur after the certification interview but
before receiving the notice of their eligibility, within ten days of the
receipt of the notice.
(G) What are the
reporting requirements when the application was taken at the local social
security administration?
The county agency shall not impose any additional reporting
requirements other than those listed in paragraph (B) of this rule. Assistance
groups whose applications were taken by the social security administration are
required to report all changes to the county department of job and family
services.
(H) What is the
interim report and how is it processed?
Assistance groups assigned a twelve or twenty-four month
certification period shall be required to sign and complete
a JFS 07221 "Cash and Food Assistance Interim Report" (rev. 11/2016 )
or a JFS 07223 "Cash and Food Assistance Interim
Report Reminder Notice" (9/2018)computer-generated
equivalent. The signature may be handwritten,
electronic, or telephonic as described in rule 5101:4-2-01 of the
Administrative Code. The interim report will provide the county agency
with updated information on the assistance group's circumstances.
(1) An interim report A JFS 07221
will be sent to the assistance group during the fifth or eleventh month of
certification, depending on the assistance group's certification period.
(2) When the county agency does not receive
the interim report by the fifteenth day of the fifth or eleventh month of certification,
depending on the assistance group's certification period, a JFS 07223 shall be
sent to the assistance group.
(2)(3) The assistance group shall return the interim
report or reminder notice to the county agency
prior to the end of the twenty-first day of the
fifth or eleventh month of certification, depending on the length of the
certification period.
(3)(4) The county agency shall propose termination
of benefits for any assistance group who fails to return a signed and completed interim report or
reminder notice by the twenty-first dayend of the fifth or eleventh
month sixth or twelfth month, depending on
the assistance group's certification period.
(5) When the assistance group fails to
provide sufficient information or verification regarding a deductible expense
indicated on the interim report, the county agency shall not terminate the
assistance group, but instead shall determine the assistance group's
supplemental nutrition assistance program (SNAP) benefits without regard to
that deduction.
(4)(6) The county agency shall reinstate benefits
without a new application for any assistance group whose benefits have been
terminated in accordance with paragraph (H)(4) of this
rule when the county agency receives the interim report or reminder notice within thirty days of the closure
date. The county agency shall prorate the assistance group's benefits beginning
the day the report or reminder notice was
returned.
(I) How does the
county agency process changes?
(1) The county
agency shall take action within ten days on all reported changes to determine
if the change affects the assistance group's ongoing eligibility or allotment.
Reported changes include changes reported by the assistance group, changes
considered verified upon receipt, and changes known to the county agency. Even
if there is no change in the allotment, the county agency shall document the
reported change in the case file, provide another change report form to the
assistance group, and notify the assistance group of the receipt of the change
report. If the reported change affects the assistance group's eligibility or
level of benefits the adjustment shall also be reported to the assistance
group.
(2) The county
agency shall also advise the assistance group of additional verification
requirements, if any, and state that failure to provide verification shall
result in the reduction or termination of benefits.
(3) The county
agency shall document the date a change is reported, which shall be the date
the county agency receives a report form or is advised of the change over the
telephone, electronically or by a personal visit.
(4) Restoration of
lost benefits shall be provided to any assistance group if the county agency
fails to take action on a change which increases benefits within the time limits
specified in paragraph (K)(3) of this rule.
(J) What are the
verification requirements for changes?
(1) Changes
reported during the certification period are subject to the verification
procedures set forth in rule 5101:4-2-09 of the Administrative Code. The county
agency shall verify changes which result in an increase in an assistance
group's benefits prior to taking action on these changes.
(2) The assistance
group must be allowed ten days to provide any mandatory verification. If the
assistance group provides verification within this period, the county agency
shall take action on the changes within the time periods described in paragraph
(K)(3) or (K)(4) of this rule. The time periods shall begin from the date the
change is reported, not from the date of verification.
(3) If the
assistance group fails to provide the required verification within ten days
after the request date but does provide the verification at a later date, the
time periods shall begin from the date verification is provided rather than
from the date the change is reported.
(4) In cases where
the county agency has determined that an assistance group has refused to
cooperate, the county agency shall terminate the assistance group's eligibility
after issuing the notice of adverse action as set forth in rule 5101:6-2-04 of
the Administrative Code.
(5) During the
certification period, the county agency may obtain information about changes in
an assistance group's circumstances from which the county agency cannot readily
determine the effect of the change on the assistance group's continued eligibility for SNAP, or in certain cases, the benefit
amount. The county agency may receive unclear information from a third party or
from the assistance group itself. Unclear information is
information that is not verified, or information that is verified but the
county agency needs additional information to act on the change.The county agency shall verify the assistance group
circumstances by sending the assistance group a JFS 04219, "Request For
Contact-Important Notice" (rev. 11/2016 ) or its computer-generated
equivalent. The request for contact shall clearly advise the assistance group
of the verification it must provide or the actions it must take to clarify its
circumstances, notify the assistance group that it has at least ten days to
respond and state the consequences if the assistance group fails to respond.
(a) The county agency shall verify the
assistance group's circumstances by sending the assistance group a JFS 04219,
"Request For Contact-Important Notice" (rev. 11/2016) or its
computer-generated equivalent. The request for contact shall clearly advise the
assistance group of the verification it must provide or the actions it must
take to clarify its circumstances, notify the assistance group that it has at
least ten days to respond and state the consequences if the assistance group
fails to respond. The county agency shall follow the procedures set forth in
rule 5101:4-2-09 of the Administrative Code to verify unclear information
received during the certification period.
(b) When the assistance group responds to
the request for contact and provides sufficient information, the county agency
shall act on the new circumstances in accordance with paragraph (K) of this
rule.
(c) When the assistance group does not
respond to the request for contact, does respond but refuses to provide
sufficient information to verify its circumstances, or the county agency is
unable to obtain the necessary information by contacting the assistance group
as identified in paragraph (J)(5) of this rule, the county agency shall propose
termination of the SNAP benefits and a notice of adverse action shall be issued
in accordance with rule 5101:6-2-04 of the Administrative Code.
If the assistance group does not respond
to the request for contact, does respond but refuses to provide sufficient
information to verify its circumstances, or the county agency is unable to
obtain the necessary information by contacting the assistance group in the
above manner, the county agency shall propose termination of the supplemental
nutrition assistance program (SNAP) benefits and a notice of adverse action
shall be issued as described in rule 5101:6-2-04 of the Administrative Code.
The county agency shall follow the procedures set forth in rule 5101:4-2-09 of
the Administrative Code to verify unclear information received during the
certification period. If the assistance group responds to the request for
contact and provides sufficient information, the county agency must act on the
new circumstances in accordance with paragraph (K) of this rule.
(6) During the certification period, the
county agency may obtain information from a prisoner verification system or a
deceased matching system that may affect an assistance group's circumstances or
benefit amount.
(a) When the unclear information received
is a data match from a prisoner verification system or a deceased matching
system, the county agency shall send the assistance group a JFS 04219 or the
electronic equivalent. The request for contact shall clearly advise the
assistance group of the match results and the verification it must provide or
the actions it must take to clarify its circumstances, notify the assistance
group that it has at least ten days to respond and state the consequences if the
assistance group fails to respond.
(b) When the assistance group fails to
respond to the request or does respond but refuses to provide sufficient
information to clarify its circumstances, the county agency shall remove the
individual subject to the match and the individual's income from the assistance
group and adjust benefits accordingly. The county agency shall issue a notice
of adverse action in accordance with rules 5101:6-2-04 and 5101:6-2-05 of the
Administrative Code.
(K) What are the
timeframes in which the county agency must act on a change?
(1) Changes in
income: If an assistance group reports a change in income, and the new
circumstance is expected to continue for at least one month beyond the month in
which the change is reported, the county agency shall act on the change in
accordance with paragraphs (K)(3) and (K)(4) of this rule.
(2) Changes in
medical expenses: During the certification period the county agency shall not
act on changes in the medical expenses which it learns of from a source other
than the assistance group and which, in order to take action, require the
county agency to contact the assistance group for verification. The county
agency shall only act on those changes in medical expenses that it learns about
from a source other than the assistance group if those changes are verified
upon receipt and do not necessitate contact with the assistance group.
(3) Changes that
increase benefits:
For changes that result in an increase in benefits, the county
agency shall make the change effective no later than the first allotment issued
ten days after the date the change was reported to the county agency, unless
reported after the twentieth of the month. In no event shall these changes take
effect any later than the month following the month in which the change is
reported. Therefore, when the change is reported after the twentieth of a month
and it is too late for the county agency to adjust the following month's
allotment, the county agency shall authorize supplemental benefits by the tenth
calendar day of the following month, or the assistance group's normal issuance
cycle in that month, whichever is later.
(a) For example,
an assistance group reporting a one hundred dollar decrease in income any time
during May would have its June allotment increased. When the assistance group
reports the change after the twentieth of May and it was too late for the
county agency to adjust the allotment normally issued on June first, the county
agency would authorize a supplement for the amount of the increase by June
tenth.
(b) Exception: An
assistance group reporting the theft of income normally received during the
month is not entitled to additional food assistance
SNAP benefits. It is the responsibility of the provider of the income to make
whatever restitution that may be appropriate. The loss is not deducted from
income to the assistance group nor is it counted as income when and/or if it is
replaced.
(4) Changes that
decrease benefits:
If the assistance group's benefit level decreases or the assistance
group becomes ineligible as a result of the change, the county agency shall
issue a notice of adverse action within ten days of the date the change was
reported unless one of the exceptions to the notice of adverse action in rule
5101:6-2-05 of the Administrative Code applies. When a notice of adverse action
is used the decrease in the benefit level shall be made effective with the
allotment for the month following the month in which the notice of adverse
action period has expired, provided a fair hearing and continuation of benefits
have not been requested. When a notice of adverse action is not used due to one
of the exceptions of rule 5101:6-2-05 of the Administrative Code, the decrease
shall be made effective no later than the month following the change.
(L) When should a
county agency reinstate benefits without a new application?
The county agency shall reinstate an assistance group's benefits
without a new application if the assistance group returns requested mandatory
verifications or takes a required action within thirty days after the SNAP
closure date. Benefits shall be prorated from the date the verifications are
returned or the required action was taken, following the procedure set forth in
rule 5101:4-4-27 of the Administrative Code. However, if the eligibility factor
is met or the required action is taken in the last month of the certification
period or outside of a certification period, benefits
cannot be reinstated. The county agency shall require the assistance group to
complete a reapplicationrecertification.
(M) What happens
when a county agency discovers an assistance group failed to report a change?
If the county agency discovers that the assistance group failed
to report a required change and, as a result, received benefits to which it was
not entitled, the county agency shall file a claim against the assistance group
as set forth in rule 5101:4-8-15 of the Administrative Code. If the discovery
is made within the certification period, the assistance group is entitled to a
notice of adverse action if its benefits are reduced or terminated. An
assistance group shall not be held liable for a claim because of a change in
assistance group circumstances which it is not required to report.
(N) What happens
when a county agency learns that an assistance group has (or may have) moved?
(1) When the
assistance group has or may have moved outside the county or county
collaboration where it is currently participating, the county agency where the
participant is currently participating shall follow the procedures described in
rule 5101:4-7-01.1 of the Administrative Code.
(2) All other
changes of residence shall be verified in accordance with this rule.
Effective: 9/1/2018
Five Year Review (FYR) Dates: 5/1/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 08/20/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 12/1/80, 4/1/81, 6/18/81,
1/22/82, 9/27/82, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 5/1/86 (Emer.),
8/1/86 (Emer.), 10/1/86, 5/1/89 (Emer.), 10/1/89, 10/1/90, 5/1/91 (Emer.)
6/1/91, 12/1/91, 8/1/95, 8/1/95 (Emer.), 10/13/95, 4/1/97 (Emer.), 6/6/97,
8/1/98, 6/1/01 (Emer.), 8/17/01, 3/2/02 (Emer.), 5/13/02, 7/1/02 (Emer.),
8/1/02, 7/10/03, 11/01/03, 12/8/05, 4/1/10, 3/1/12, 5/1/15, 6/1/17