(A)What are Ohio
works first (OWF) payments and how are they calculated?
(1)OWF payments
are payments made to an assistance group which represent the difference between
the countable income and the appropriate OWF payment standard.
(2)An assistance
group's countable income is determined by the appropriate calculation as
described in rules 5101:1-23-20, 5101:1-23-20.1 and 5101:1-23-20.2 of the
Administrative Code.
(3)Payments are
calculated based on a thirty-day month.
(a)When an
assistance group is eligible for a certain level of assistance on the first day
of the month, the assistance group remains eligible for at least that level of
assistance for the entire month.
(b)A change in
circumstances during the month does not reduce the level of assistance for
which the assistance group is eligible for that month, with the exception of
the following provisions:
(i)OWF cannot
be provided for a minor child, parent or specified relative who, without good
cause, has been, or is expected to be, absent from the home for a period of
more than forty-five consecutive days. The period of ineligibility begins with
the forty-sixth day from the date that the member left the household, unless
the provision described in division (E)(1) of section 5107.10 of the Revised
Code is met.
A parent(s) or specified relative who fails to report that the
absence of a child will exceed or has exceeded forty-five consecutive days as
described in rule 5101:1-3-04 of the Administrative Code is also ineligible for
a specified period of time. The beginning date of ineligibility shall be the
same day determined as the beginning day of ineligibility for the absent child.
The ineligibility continues until the day that the absence was reported by the
parent(s) or specified relative or was discovered by the county agency.
(ii)A child who
was eligible for, and receiving OWF benefits on the first of the month, and who
is removed from the assistance group during the month and placed in IV-E foster
care, is not eligible to receive both OWF and IV-E foster care in that month,
unless the provision described in division (E)(1) of section 5107.10 of the
Revised Code is met.
(B)How is the
beginning date of OWF eligibility determined?
(1)OWF
eligibility shall not begin prior to the date of application.
(2)When all OWF
eligibility factors have been verified and the verifications indicate that all
OWF eligibility factors were met prior to the date of verification, OWF
eligibility begins on the date all eligibility factors were met.
(3)When all OWF
eligibility factors have been verified and the verifications do not indicate
the date on which all OWF eligibility factors were met, OWF eligibility begins
on the date all eligibility factors were verified.
(4)Certain
verified eligibility factors have special considerations that apply when
determining if the eligibility factor has been met. As an eligibility factor:
(a)Pregnancy is
met:
(i)When it is
medically verified that the woman is at least in her sixth month of pregnancy;
and
(ii)If born, the
child would otherwise be eligible for OWF.
(b)The social
security number requirement is met when the applicant provides or applies for a
social security number.
(c)For newborns,
the social security number requirement is met on the child's date of birth when
the social security number is applied for but no later than the first day of
the second month following birth or following the mother's discharge from the
hospital.
(d)For a teen
parent who is required to enroll in school as a condition of OWF, the
enrollment requirement is met on the date the individual enrolls in school.
(C)What happens
when an individual is added to an existing OWF assistance group?
(1)An individual
is considered to be a part of the assistance group as of the date that
individual becomes a required assistance group member as described in rule
5101:1-23-10 of the Administrative Code and meets all eligibility requirements
as described in this rule.
(2)When an
individual is being added to the OWF case and all other eligibility factors are
met, the beginning date of OWF is:
(a)The date the
individual enters the home, when the reporting responsibilities as described in
rule 5101:1-2-20 of the Administrative Code are met; or
(b)The date the
change was reported to the county agency or the date the county agency becomes
aware of the change, if the reporting responsibilities as described in rule
5101:1-2-20 of the Administrative Code are not met.
(c)For newborns
being added to the OWF case, the beginning date of OWF is the date of birth,
provided the reporting responsibilities are met.
(d)For specified
relatives in need to be added to the OWF case, the beginning date of OWF is the
date that assistance is requested.
(3)The county
agency shall determine eligibility for the assistance group using the
individual's needs and income from the date that the individual is a required
assistance group member, or in the case of the specified relative in need, the
date that the assistance is requested and all other eligibility factors are
met.
(4)OWF can only
be authorized for the period of time in which all eligibility factors have been
met. For purposes of determining the beginning date of OWF, enumeration and
child support assignment may be deemed to be met retroactive to the date the
individual was a required assistance group member. The deeming of these
eligibility requirements are only allowed when:
(a)The
individual's presence in the home is reported to the county agency on a timely
basis as described in rule 5101:1-2-20 of the Administrative Code; and
(b)The assistance
group cooperates with the county agency in satisfying all required eligibility
factors.
(5)When the
assistance group fails to meet these conditions, the county agency shall not
deem that enumeration and child support assignment requirements have been met.
(6)When the
county agency receives written notification from a hospital indicating that a
child has been born, the county agency shall follow the provisions described in
paragraph (C)(2) of this rule.
(D)What is
concurrent receipt of assistance?
(1)Concurrent
receipt of assistance is the receipt of OWF assistance by an assistance group
under more than one public assistance grant in the same month. The receipt of
public assistance, from two or more different states, for the same time period
also constitutes concurrent receipt of assistance.
(2)An assistance
group member shall not be eligible to receive or have his or her needs covered
by OWF in more than one assistance group or more than one county in any given
month. The exception to this provision is the removal of a child by a public
children services agency, as described in section 5107.10 of the Revised Code.
In these situations, OWF could be authorized for up to six payment months for
the following assistance groups:
(a)The OWF
assistance group where the child(ren) was removed from and an OWF assistance
group where the child(ren) is placed; or
(b)The OWF
assistance group where the child(ren) was removed from and a Title IV-E foster
care assistance group where the child(ren) is placed.
(3)An individual
whose needs are met by the supplemental security income (SSI) program shall not
be eligible to have his needs included in an OWF assistance group concurrently.
(4)An assistance
group member is not ineligible for inclusion in a new assistance group solely
because that member's needs are still included in a former assistance group.
The county agency must determine at what point the assistance group member
became ineligible for inclusion in the first assistance group. The county
agency shall then determine eligibility and authorize assistance for the new
assistance group. The fact that the assistance group member's needs have not
been removed from the former assistance group shall not preclude eligibility or
delay the beginning date of OWF for the new assistance group.
(5)When the
assistance group is receiving or is believed to be receiving cash assistance
from another state, the county agency shall determine at what point the
assistance group became ineligible for cash assistance in the former state
prior to approving OWF.
(E)May an assistance group receive OWF and
disability financial assistance (DFA) at the same time?
(1)An assistance group may receive OWF and
DFA in the same month, provided that the amount of DFA received is deducted
from the OWF grant amount.
(2)The amount of OWF used to repay the DFA
program for the DFA provided for the month is determined by subtracting the
amount of DFA the individual was eligible to receive from the amount of DFA
already issued for the month.
(3)In situations where part of the DFA
assistance group becomes eligible for OWF, the county agency shall determine
the DFA that the person was eligible for by taking the DFA issued and dividing
by the number of persons in the DFA assistance group. The amount obtained is
the DFA for one person. The county agency shall then multiply that figure by
the number of the DFA assistance group members eligible for OWF.
(F)(E) What happens when an assistance group is
eligible to receive less than ten dollars?
OWF shall not be authorized when the amount an assistance group
is eligible to receive is at least one dollar but less than ten dollars per
month.
(G)(F) When are payments prorated and do time limits
apply to a prorated month of benefits?
(1)The county
agency shall prorate the OWF payment when an assistance group has eligibility
for less than a full month's grant. Retroactive benefits may be authorized as
the result of a hearing decision or court order or if OWF was erroneously
denied, terminated, or delayed and corrective action is being taken.
(2)A prorated payment may be required when
OWF is approved during a month in which DFA has been issued.
(3)(2) Support services (e.g., transportation) and
learning, earning and parenting (LEAP) program's allowances are never prorated.
(4)(3) Time limits, as described in rule
5101:1-23-01 of the Administrative Code are applicable for any prorated or
retroactive OWF payment. The assistance group has the option to decline a
prorated month of benefits.
(H)(G) How is the OWF payment delivered?
Subject to the limitations provided in 42 U.S.C. 608 (10/2012)
OWF payments are delivered unconditionally to the parent, specified relative,
legal custodian or legal guardian, except as described in paragraph (I) of this
rule.
(1)The benefit is
delivered only to the assistance group or protective payee. When the child is
living with a parent, specified relative, custodian or legal guardian, the
benefit shall be paid to that individual, unless there is a protective payee
designated to receive payment as described in paragraph (I) of this rule.
(2)For two-parent
assistance groups, the payee will be decided by the assistance group and should
be paid to the parent who will act in the best interest of the family.
(3)In an
emergency situation which deprives an eligible dependent child of care from the
parent, specified relative, custodian or legal guardian, that individual may
designate another person to act as the protective payee during the emergency
period, if that person is willing to be designated. If the individual is not
capable of making a choice, the county agency shall designate a protective
payee.
(4)The emergency
period must not exceed a maximum of two consecutive months following the month
the emergency occurred. If the parent, specified relative, custodian or legal
guardian will not resume care of the child within that period, or it appears
doubtful, alternative plans for the child's care must be completed within that
period of time.
(I)(H) Who can be designated as a protective payee
and why?
(1)A protective
payee is a representative of the assistance group who is responsible for
receiving and managing the payment on behalf of the assistance group.
(2)Situations in
which it is appropriate to have a protective payee include:
(a)An assistance
group where a member is serving a permanent disqualification penalty due to an
intentional program violation under the former aid to families with dependent
children program.
(b)The assistance
group with a minor parent or pregnant minor, as described in section 5107.24 of
the Revised Code. The protective payment continues until the minor marries,
turns eighteen years of age, or the adult parent, specified relative, custodian
or legal guardian cannot or will not continue as the protective payee.
Protective payments are not required for a minor residing in an
adult-supervised supportive living arrangement as described in section 5107.24
of the Revised Code.
(c)The
assistance group has a money mismangement situation which means a demonstrated
inability to manage funds. A determination of mismanagement shall not be made
solely on the fact that bills are not paid in a timely manner. The following
are examples of money mismanagement situations and are not all inclusive:
(i)Payments
received by the parent, specified relative, custodian or legal guardian have
not been or are not currently used in the best interest of the child.
(ii)The parent,
specified relative, custodian or legal guardian has misused funds to the extent
that allowing that individual to manage the OWF grant is a threat to the health
and safety of the child(ren).
(3)The selection
of the protective payee shall be made by the assistance group or the county
agency with participation and consent from the assistance group. The protective
payee may be a relative or friend of the assistance group, an agency providing
protective services or a member of the assistance group. If no protective payee
can be located, the disqualified member or minor parent can continue to receive
the benefits in their name.
The following individuals are excluded from serving as a
protective payee:
(a)A county
agency director;
(b)The
eligibility determiner for the assistance group;
(c)Any county
agency employee responsible for any fiscal aspects of the assistance group;
(d)A county
agency special investigative or resource staff;
(e)Landlords,
grocers, or any other vendor of goods or services dealing directly with the
assistance group.
Effective: 5/1/2021
Five Year Review (FYR) Dates: 1/6/2021 and 05/01/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 03/22/2021
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 01/01/1974, 01/01/1975, 11/01/1976,
12/31/1977, 10/01/1978, 10/26/1978, 12/01/1978, 05/01/1979, 09/21/1979,
12/01/1981, 05/01/1982, 07/01/1983, 07/11/1983, 11/01/1983 (Temp.), 11/11/1983,
01/01/1984, 06/01/1984, 06/01/1984 (Temp.), 07/01/1984, 07/15/1984, 07/15/1984
(Temp.), 10/01/1984, 10/01/1984 (Temp.), 10/02/1984 (Emer.), 12/27/1984,
01/01/1985 (Emer.), 04/01/1985, 07/01/1985 (Emer.), 09/29/1985, 04/01/1986,
08/01/1986 (Emer.), 10/03/1986, 01/01/1988, 04/01/1988 (Emer.), 06/10/1988,
09/01/1988 (Emer.), 11/03/1988, 04/01/1989 (Emer.), 04/24/1989, 07/01/1990,
10/01/1990, 05/01/1991, 10/01/1991 (Emer.), 12/20/1991, 05/01/1992, 05/01/1993,
09/01/1993, 09/01/1994, 05/01/1995, 08/01/1995 (Emer.), 10/30/1995, 01/01/1996,
10/01/1996 (Emer.), 12/15/1996, 05/01/1997, 10/01/1997 (Emer.), 12/30/1997,
07/01/1998, 10/01/1999, 07/07/2001, 03/01/2002, 08/29/2003 (Emer.), 11/01/2003,
07/01/2007, 05/01/2010, 10/01/2016