(A)What is the
state time limit for Ohio works first (OWF) benefits?
In Ohio, an assistance group is ineligible to participate in OWF
when the assistance group includes an individual, who meets one of the
conditions described in paragraphs (C)(1) to (C)(5) of this rule, and who has
received OWF assistance for thirty-six months. This time limit applies
regardless of whether the thirty-six months are consecutive. Ohio law provides
for extensions of OWF beyond the thirty-six month limit, with the provision
that no assistance group shall receive assistance under the OWF program in
violation of the federal sixty-month time limit for receipt of temporary
assistance for needy families (TANF) assistance. When an assistance group is
receiving OWF cash assistance benefits on the basis of state hardship, good
cause or a domestic violence waiver, as described in paragraphs (A)(1) to
(A)(3) of this rule, such benefits continue to count toward the federal
sixty-month time limit provided in paragraph (B) of this rule. The county
agency shall examine the assistance group's unique special circumstances that
caused the need for an extension, and shall address these special needs,
barriers and conditions in the self sufficiency contract. When an assistance
group is receiving OWF cash assistance due to either a state hardship, good
cause or domestic violence waiver extension (as provided in paragraphs (A)(1)
to (A)(3) of this rule), the assistance group is in receipt of OWF and as such
is subject to all OWF eligibility requirements. The three types of extensions
beyond the thirty-six month time limit that count toward the federal
sixty-month limit are:
(1)State hardship
A county agency may exempt not more than twenty per cent of the
average monthly number of OWF assistance groups from the thirty-six month limit
on the grounds that the county agency determines that the time limit is a
hardship. The twenty per cent calculation is described in rule 5101:1-23-01.1
of the Administrative Code. The county agency may not provide a state hardship
extension until the assistance group has exhausted its thirty-six months of OWF
assistance, as described in division (A) of section 5107.18 of the Revised
Code.
(2)Good cause
An assistance group that has ceased to participate in OWF due to
the thirty-six month time limit (i.e., the assistance group lost eligibility for
OWF due to the thirty-six month time limit), as described in division (A) of
section 5107.18 of the Revised Code and paragraph (A) of this rule, may be
approved to participate in the program in accordance with rule 5101:1-2-01 of
the Administrative Code twenty-four months later when the county agency
determines that good cause for a twenty-four month extension of OWF exists.
There is no twenty per cent limit for the extension of OWF assistance under the
good cause provision. The good cause extension provides an assistance group
additional time to overcome existing barriers to self sufficiency. Good cause
may include losing employment and inability to find employment (reference
section 5107.26 of the Revised Code); divorce; domestic violence considerations;
unique personal circumstances; and any other reason the county agency
determines to be good cause for participating in OWF beyond the thirty-six
month limit. The assistance group must provide verification pursuant to rule
5101:1-2-20 of the Administrative Code of whether any members of the assistance
group had employment during the period the assistance group was not
participating in OWF and the amount and source of the assistance group's income
during that period. When the county agency determines that good cause exists
for the assistance group, the county agency shall determine when the assistance
group meets all eligibility requirements for participation in OWF. The
assistance group may not participate in OWF under paragraph (B)(2) of this rule
for more than twenty-four additional months.
The twenty-four month time limit for participating in OWF under
paragraph (A)(2) of this rule applies regardless of whether the twenty-four
months of the good cause extension are consecutive. Once good cause is initially
determined to exist, and an assistance group is determined eligible under the
good cause provision, a subsequent determination of good cause is not required,
unless the assistance group becomes otherwise ineligible for OWF. However, when
the assistance group becomes ineligible for OWF due to the imposition of a
sanction for failure to comply with the terms of the self sufficiency contract,
the assistance group may resume participation in OWF without a new good cause
determination.
(3)Domestic
violence
An assistance group may receive a waiver of the state thirty-six
month time limit due to domestic violence, as described in rule 5101:1-3-20 of
the Administrative Code. Any assistance group that receives a waiver of the
thirty-six month time limit is not counted toward the county agency twenty per
cent limit described in rule 5101:1-23-01.1 of the Administrative Code and
section 5107.18 of the Revised Code.
(B)What is the
federal time limit for OWF benefits?
No state may use any of its federal temporary assistance for
needy families funds (including commingled funds as described in rule
5101:1-1-01 of the Administrative Code) to provide assistance to an assistance
group that includes an individual who meets one of the conditions described in
paragraph (C) of this rule, who has received assistance for a total of sixty
cumulative months. The sixty months do not have to be consecutive months.
Federal law allows states to extend assistance paid for by
federal TANF funds (including commingled funds as defined in rule 5101:1-1-01
of the Administrative Code) beyond the federal sixty-month limit for up to
twenty per cent of the average monthly number of families receiving assistance.
The federal regulations provide that a state may extend assistance beyond the
sixty-month limit based on hardship, as determined by the state.
(1)Ohio is
extending benefits beyond the federal sixty-month limit based on hardship. Ohio
defines hardship as the conditions described in paragraphs (B)(1)(a) to
(B)(1)(b)(vii) of this rule. Therefore, counties may extend up to twenty per
cent of the average monthly number of assistance groups receiving assistance in
that county. The twenty per cent calculation is described in rule
5101:1-23-01.1 of the Administrative Code. The county agency should examine the
assistance group's unique special circumstances that caused the need for an
extension, and should address these special needs, barriers and conditions in
the self sufficiency contract. The county agency may not provide this extension
until the assistance group has exhausted its sixty months of OWF assistance. In
Ohio, hardship is defined as follows:
(a)Any
circumstance that the county agency determines the time limit is a hardship.
The county agency shall use the same grounds for determining federal hardship
as it uses for determining state hardship under paragraph (A)(1) of this rule;
or
(b)Based on the
fact that the family includes someone who is temporarily or permanently unable
to work because the individual has been battered, or subjected to extreme
cruelty based on the fact that the individual has been subjected to any of the
following provisions described in paragraphs (B)(1)(b)(i) to (B)(1)(b)(vii) of
this rule and rule 5101:1-3-20 of the Administrative Code:
(i)Physical acts
that result in physical injury to the individual;
(ii)Sexual abuse;
(iii)Sexual
activity involving a dependent child;
(iv)Being forced
as the caretaker relative of a dependent child to engage in non consensual
sexual acts or activities;
(v)Threats of, or
attempts at physical or sexual abuse;
(vi)Mental abuse
(including emotional harm); or
(vii) Neglect or
deprivation of medical care.
(2)There is no
federally prescribed limit for receipt of an extension beyond the federal
sixty-month time limit. Each assistance group that requests an extension will
have unique circumstances to be addressed in order for the assistance group to
achieve self sufficiency and eliminate the need for assistance. In determining
the length of each extension to be provided under paragraph (B) of this rule,
the county agency shall consider both of the following:
(a)That TANF was
created to provide assistance that is temporary, and not as an entitlement; and
(b)That the county
agency has a responsibility to assist the family in overcoming barriers and
achieving self sufficiency.
(3)An assistance
group receiving OWF cash assistance benefits beyond the federal sixty-month
limit is in receipt of OWF, and as such is subject to all OWF eligibility
requirements.
(4)In situations
involving the provisions contained in paragraph (B)(1)(b) of this rule,
acceptable verification, in accordance with rule 5101:1-2-20 of the
Administrative Code, includes, but is not limited to the following:
(a)Medical or law
enforcement records;
(b)Court or other
legal documents;
(c)Court,
medical, criminal, child protective service, social service, psychological, or
law enforcement records indicating the threat of physical or emotional harm;
(d)Medical records
indicating the emotional health history and present emotional health of family
members;
(e)Written Medical statement
from a mental health professional indicating the emotional health status of
family members;
(f)Written statementVerification
from a public or private social agency; and
(g)Sworn
statements from individuals, including friends, neighbors, clergymen, social
workers, and medical professionals who might have knowledge of the family's
circumstances.
(h)In accordance
with rule 5101:1-3-20 of the Administrative Code, rely on the individual's
allegation of domestic violence, as identified by the individual requesting the
waiver on the JFS 03803 "Ohio Works First (OWF) & Food Stamps:
Domestic Violence Waiver Request and Verification " (10/2016), unless the
county agency has an independent, reasonable basis to find that the
individual's allegation is not credible.
(C)Who is subject
to the OWF benefits time limits?
An assistance group is ineligible to participate in OWF when the
assistance group includes an individual who has been in receipt of assistance
as defined in paragraph (E)(1) to (E)(4) of this rule for thirty-six months,
whichdo not have to be consecutive, as any of
the following:
(1)An adult
head-of-household. Adult is defined in section 5107.02 of the Revised Code;
(2)A spouse of the
adult head-of-household;
(3)A pregnant
minor head-of-household. Minor head-of-household is defined in section 5107.02
of the Revised Code.
(4)A minor parent
head-of-household. Minor head-of-household is defined in section 5107.02 of the
Revised Code; or
(5)A spouse of the
minor parent head-of-household.
(D)How is the
countable individual as head-of-household designated?
(1)When the
assistance group is a two-parent assistance group as defined in rule 5101:1-3-01
of the Administrative Code, and the parents are unmarried (and both parents are
adults), the county agency shall explain to the two parents that one of them
shall be determined to be the adult head-of-household for time limit purposes.
The parents shall be given the choice as to who will be designated as the
head-of-household for time limit purposes. In the event that the parents
disagree and/or decline to designate the head-of-household, the county agency
shall make the designation. Once the head-of-household designation is made for
time limit purposes, that designation shall remain unchanged as long as the
assistance group contains both parents and no other parent(s) is subsequently
added to the assistance group.
(2)When the
assistance group is a two-parent assistance group as defined in rule
5101:1-3-01 of the Administrative Code, and another parent becomes a required
member of the assistance group in accordance with rule 5101:1-23-10 of the
Administrative Code, a new head-of-household designation may need to be made.
When a new head-of-household designation must be made, the county agency shall
explain to the parents that one of them shall be determined to be the
head-of-household for time limit purposes. The parents shall be given the
choice as to who will be designated as the head-of-household for time limit
purposes. In the event that the parents disagree and/or decline to designate
the head-of-household, the county agency shall make the designation. Once the
head-of-household designation is made for time limit purposes, that designation
shall remain unchanged as long as the assistance group contains all of the
parents.
(E)What is
considered "receipt of assistance"?
An individual is considered to be in receipt of assistance for
any month that they meet one of the requirements described in paragraph (C) of
this rule and receive:
(1)OWF cash
assistance benefits issued in one of the following forms:
(a)Electronic
funds transfer (EFT);
(b)Electronic
benefits transfer (EBT); or
(c)Warrant,
voucher or check when the assistance group cashes the warrant or check or
utilizes the voucher.
(2)Supportive
services such as transportation and child care, unless such payments meet the
definition of non recurrent, short-term benefits as defined in 45 C.F.R.
260.31(10/01/01) as payments that:
(a)Are designed to
deal with a specific crisis situation or episode of need;
(b)Are not
intended to meet recurrent or ongoing needs; and,
(c)Will not
extend beyond four months.
(3)TANF assistance
(including commingled funds as defined in rule 5101:1-1-01 of the
Administrative Code), was received in another state on or after October 1,
1997, except as provided in paragraph (E)(1) of this rule.
(4)Welfare-to-work
(WTW) cash assistance, as defined in 45 C.F.R. 260.32 (10/01/04). As described
in 45 C.F.R. 260.32, WTW cash assistance only includes WTW benefits that meet
the definition of assistance (as defined in rule 5101:1-1-01 of the
Administrative Code) and are directed as basic needs, when they are provided in
the form of cash payments, checks, reimbursements, electronic funds transfers,
or any other form that can legally be converted to currency.
(F)What months are
not countable toward time limits?
Receipt of assistance for purposes of applying the time limit
does not include any month that any of the following conditions exist:
(1)An assistance
group received TANF assistance in another state, and that state had a waiver of
time limits in effect during the months that the assistance was received in
that state.
(2)An assistance
group received OWF cash assistance in the form of a warrant, check, voucher,
EFT or EBT for a month, but returned either the check, warrant or voucher to
the county agency uncashed or unused, or returned the amount of the OWF check,
warrant, voucher, EFT, or EBT to the county agency.
(3)An assistance
group is subject to the minimum payment provision described in rule
5101:1-23-40 of the Administrative Code.
(4)An assistance
group is not receiving OWF cash assistance benefits due to participation in the
subsidized employment program (SEP).
(5)An assistance
group is not receiving OWF cash assistance benefits due to the imposition of a
learning, earning and parenting (LEAP) sanction that reduces the OWF benefit to
zero dollars, in accordance with the provisions described in rule 5101:1-23-50
of the Administrative Code.
(6)An assistance
group is not receiving OWF cash assistance benefits due to the imposition of a
learnfare sanction that reduces the OWF benefit to zero dollars, in accordance
with the provisions described in sections 5107.284 and 5107.285 of the Revised
Code.
(7)Supportive
services such as transportation and child care are provided to assistance
groups containing an employed member.
(8)An assistance
group is not receiving OWF cash assistance benefits as delineated in paragraph
(E) of this rule, but prevention, retention and contingency (PRC) services
under the PRC program as described in sections 5108.01 to 5108.10 of the
Revised Code are provided to the assistance group.
(9)Any month of
receipt by an individual other than the individuals identified in paragraphs
(C)(1) to (C)(5) of this rule shall not be counted toward the time-limited
receipt of assistance.
(10) LEAP enrollment,
attendance, grade completion and graduation bonuses provided to LEAP
participants in accordance with the provisions contained in rule 5101:1-23-50
of the Administrative Code are not considered assistance for OWF time limit
purposes.
(11) An assistance
group is not receiving assistance as described in paragraph (E) of this rule,
but WTW non-cash assistance benefits (as defined in rule 5101:1-1-01 of the
Administrative Code) are being provided to the assistance group.
(12) An assistance
group is not considered to be in receipt of assistance for any month that the
assistance group's cash assistance OWF benefits are reduced to zero to repay an
overpayment.
(13) Any month of
receipt of assistance by an adult while living in Indian country as defined in
rule 5101:1-01-01 of the Administrative Code, or a native Alaskan village where
at least fifty per cent of the adults were not employed.
(14) When an
erroneous payment occurs because the assistance group was not eligible to
receive assistance for a month, and the assistance group repays that erroneous
payment in full, the month that the overpayment occurred does not count toward
the time limit.
(G)How are time
limits tracked?
Receipt of assistance under the OWF program shall be tracked for
each required member in the assistance group as described in paragraph (C) of
this rule:
(1)The tracking
record for each required member follows the member even when they move into and
out of different assistance groups. The receipt of assistance transfers from
one assistance group to another via the movement of the required member.
(2)Required
members retain and accumulate actual months of receipt by each required member.
(3)The assistance
group's number of months is the highest number of months of receipt by each of
the required members.
(4)The movement of
children from one assistance group to another has no effect on the time limits
because receipt of assistance is not tracked separately for children.
Effective: 2/1/2022
Five Year Review (FYR) Dates: 10/1/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 01/04/2022
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.02, 5107.05, 5107.18, 5107.71, 5107.711, 5107.712,
5107.713, 5107.714, 5107.715, 5107.716, 5107.717
Prior Effective Dates: 07/01/1996 (Emer.), 09/29/1996,
12/30/1997, 07/01/1998, 10/01/1999, 10/02/2000, 01/01/2001, 05/01/2001,
07/01/2002, 10/12/2002, 07/01/2007, 01/01/2008, 10/15/2012