(A)Application
processing definitions.
(1)"Application" includes JFS
07200 "Request for Cash, Food, and Medical Assistance" (rev.
10/2018), JFS 07204 "Request to Reapply for Cash and Food Assistance"
(rev. 10/2018), or electronic equivalent or telephonic equivalent.
(1)(2) "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)(3) 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)(4) A "case" consists of one or more
assistance groups.
(4)(5) "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.
(6)"Signature" includes:
(a)Handwritten signatures (including
handwritten signatures that are transmitted by facsimile or other electronic
submission):
(i)When the signatory cannot sign with a
name, an "X" is a valid signature.
(ii)The county agency may require a
witness to attest to an "X" signature. An employee of the county
agency may serve as a witness.
(b)Electronic signatures through the
online application; and
(c)Telephonic signatures obtained in
accordance with procedures approved by the Ohio department of job and family
services (ODJFS).
(B)What is the
application process?
(1)The
application process is a series of activities which that includes:
(a)A request for cash 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:
(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
forthdescribed in rule 5101:1-3-12.5 of
the Administrative Code, prior to authorization of OWF benefits as set forthdescribed in
rule 5101:1-3-11 of the Administrative Code. In accordance with rule
5101:9-2-02 of the Administrative Code, if when 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 whichthat it is legally entitled according to program
regulations.
(6)The
distinction must shall 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 shall 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" (10/2016), which
includes the voter registration formAn
application that includes the voter registration form. If When an assistance
group is currently receiving food assistance supplemental nutrition assistance program (SNAP) benefits and
decides to apply for cash assistance at recertification, the JFS 07204 "Request to Reapply for Cash and Food
Assistance" (10/2016)a new application for
cash assistance shall be filed. The new application shall contain, at minimum,
his or her complete with a name, address
and signature which shall establish the date of application
for these additional benefits.
(2)The JFS 07501
"Program Enrollment and Benefit Information" (rev.
3/20174/2018).
(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 shall sign the
application?
(1)The
application, meeting the minimum requirements described in paragraph (G)(1) of
this rule, must shall 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 shall 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.
(4)A handwritten signature shall not be
required when there is an electronic or telephonic signature. Electronic and
telephonic signatures shall have the same legal effect and are enforced in the
same way as a handwritten signature.
(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 that 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 When 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 when fraud has occurred
on the part of the authorized representative. If When 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 When 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 shall
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
whichthat the county agency receives aan application 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. When an
application is submitted by fax, electronically, or telephonic equivalent, the
date of application shall be the date the county agency receives the
application. When an application is received after business hours the date of
application shall be the next business day.
(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
assistanceSNAP, 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 When 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 When 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. 8/20091/2018) if when applicable; and
(b)The JFS 07501
if when 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 receipt 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 When 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 when 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)(2) The time frames may be exceeded in situations
where completion of the determination of eligibility is delayed because of
circumstances which that 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)(3) When calculating the thirty or, forty-five or ninety-day 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)(4) If When 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 whichthat
the verifications must shall
be submitted to the county agency, and the responsibility of the county
agency to assist if when 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 When the interview
cannot be conducted in the county agency offices or by telephone, alternative
locations and/or hours must shall be arranged.
(O)What shall be
covered in the application interview?
(1)The
eligibility requirements for cash, medical and food assistanceSNAP,
including issuance and use.
(2)All
information contained on the JFS 07501.
(3)The required
verifications and information that must shall 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 whichthat
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
when 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)(11)An explanation of eligibility for a
pregnant minor or minor parent and child to receive assistance as set forthdescribed in
section 5107.24 of the Revised Code.
(13)(12)An explanation of the SSC and the time
limit requirements and extensions for the OWF program.
(14)(13)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)(14)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. 10/2016). The checklist must
shall provide a date for the return of the
verifications. If When 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) 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: 1/1/2019
Five Year Review (FYR) Dates: 10/1/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 12/17/2018
Promulgated Under: 119.03
Statutory Authority: 5116.06, 5107.05, 5107.04, 5107.03,
5107.02, 5101.49
Rule Amplifies: 5116.06, 5107.717, 5107.716, 5107.715, 5107.714,
5107.713, 5107.712, 5101.49, 5116.11, 5116.10, 5107.711, 5107.71, 5107.121,
5107.12, 5107.05, 5107.04, 5107.02
Prior Effective Dates: 08/01/1975, 06/01/1976, 07/14/1977,
12/31/1977, 09/01/1982, 11/01/1984, 04/01/1986, 10/01/1987 (Emer.), 12/24/1987,
01/01/1988 (Emer.), 04/01/1988 (Emer.), 06/10/1988, 09/01/1988, 10/01/1988
(Emer.), 10/25/1988 (Emer.), 12/20/1988, 12/01/1989, 04/01/1990 (Emer.),
06/22/1990, 08/01/1990 (Emer.), 10/25/1990, 01/01/1991 (Emer.), 02/21/1991,
04/01/1991 (Emer.), 06/01/1991, 07/01/1991 (Emer.), 09/15/1991, 10/01/1991
(Emer.), 12/20/1991, 07/01/1992, 01/01/1993 (Emer.), 02/11/1993, 03/18/1993,
05/01/1993, 09/01/1993, 01/01/1994, 01/01/1995 (Emer.), 04/01/1995, 07/01/1995,
10/01/1995, 06/01/1996, 10/01/1996 (Emer.), 12/15/1996, 10/01/1997 (Emer.),
12/30/1997, 07/01/1998, 10/01/1999, 07/01/2000, 08/01/2001, 05/02/2005,
01/01/2008, 05/01/2009, 01/01/2010, 12/01/2010, 03/01/2011, 07/01/2011,
05/07/2012, 10/15/2012, 10/01/2014, 02/01/2016, 10/01/2016, 10/01/2017