Ohio Adm.Code 5101:1 | Ohio Administrative Code 5101:1 — Department of Job and Family Services | Division of Public Assistance

Chapter 5101:1-1 General Provisions

Ohio Adm.Code 5101:1-1-01 Temporary assistance for needy families definitions.

This rule describes the terms and meanings used to administer the temporary assistance for needy families (TANF) program. Unless otherwise noted, the definitions in this rule apply throughout division 5101:1 of the Administrative Code .

(A) "Adult" is defined in 45 C.F.R. 260.30 (10/1999) as an individual who is not a minor child, as defined in this rule.

(B) "Assistance" is defined in 45 C.F.R. 260.31 (10/1999) as described in this paragraph:

(1) Assistance includes cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs for food, clothing, shelter, utilities, household goods, personal care items and general incidental items. Except as provided in paragraph (B)(2) of this rule, assistance includes supportive services such as transportation and child care provided to families who are not employed. It includes such benefits even when they are:

(a) Provided in the form of payments by a TANF agency or other agency on its behalf, to individual recipients; and

(b) Conditioned on participation in work activities as outlined in rule 5101:1-3-12 of the Administrative Code that lead to self sufficiency .

(2) Assistance excludes:

(a) Nonrecurrent, short-term benefits that:

(i) Are designed to deal with a specific crisis situation or episode of need;

(ii) Are not intended to meet recurrent or ongoing needs; and

(iii) Will not extend beyond four months.

(b) Work subsidies - payments to employers or third parties to help cover the costs of employee wages, benefits, supervision and training;

(d) Refundable earned income tax credits;

(e) Contributions to, and distributions from individual development accounts (IDA);

(f) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

(g) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.

(C) "Assistance group" means those persons potentially eligible or determined eligible to receive benefits together under one assistance group name.

(D) "Case" has the meaning described in paragraph (C) of this rule.

(E) "Cash assistance," when provided to Ohio works first (OWF) participants, has the meaning described in paragraph (B) of this rule and in rule 5101:1-23-01 of the Administrative Code.

(F) "Commingled State TANF expenditures" means expenditures of state funds that are made within the TANF program and commingled with federal TANF funds.

(G) "Comprehensive assessment" is an evaluation of the employment, educational, physiological and psychological abilities or liabilities, or both of the work eligible individual, adult or minor head of household. The comprehensive assessment is a combination of the appraisal and the assessment.

(H) "Custodian" as defined in section 5107.02 of the Revised Code, means an individual who has legal custody, as defined in section 2151.011 of the Revised Code, of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(I) "Erroneous payment" as defined in section 5107.76 of the Revised Code means payments of cash assistance under OWF to assistance groups not eligible to receive the assistance, including assistance paid as a result of misrepresentation or fraud and assistance paid due to an error by a member of an assistance group or a county agency.

(J) "Fraudulent assistance" as defined in section 5101.83 of the Revised Code means assistance and services, provided under OWF established under Chapter 5107. of the Revised Code, or benefits and services provided under prevention, retention and contingency (PRC) as provided in Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intentional violation of the program's requirement. Fraudulent assistance does not include assistance or services to or on behalf of an assistance group that is provided as a result of an error that is the fault of the county agency or the Ohio department of job and family services (ODJFS).

(K) "Guardian" as defined in section 5107.02 of the Revised Code means an individual that is granted authority by a probate court pursuant to Chapter 2111. of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(L) "Indian" as defined in 25 U.S.C. 5304 (10/2020) means a person who is a member of an Indian tribe.

(M) "Indian country" as defined in 18 U.S.C. 1151 (5/1976) means:

(1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and, including rights-of-way running through the reservation;

(2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and

(3) All Indian allotments, the Indian titles that have not been extinguished, including rights-of-way running through the same.

(N) "Indian tribe" as defined in 25 U.S.C. 5304, means any Indian tribe, band, nation, or other organized group or community, including any Alaska native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (08/2018) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; except that the term "Indian tribe" means, with respect to the state of Alaska, only the Metlakatla Indian community of the Annette islands reserve and the following Alaska native regional nonprofit corporations:

(1) Arctic slope native association;

(2) Kawerak, inc.;

(3) Maniilaq association;

(4) Association of village council presidents;

(5) Tanana chiefs council;

(6) Cook inlet tribal council;

(7) Bristol bay native association;

(8) Aleutian and Pribilof island association;

(9) Chugachmuit;

(10) Tlingit Haida central council;

(11) Kodiak area native association; and

(12) Copper river native association.

(O) "Indian Tribal Organization" or "tribal organization" as defined in 25 U.S.C. 5304 means the recognized governing body of any Indian tribe; any legally established organization of Indians that is controlled, sanctioned, or chartered by such governing body or that is democratically elected by the adult members of the Indian community to be served by such organization and that includes the maximum participation of Indians in all phases of its activities provided that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be the prerequisite to the letting or making of such contract or grant.

(P) "Individual Development Account (IDA)" as defined in 45 C.F.R. 263.20 (10/1999) means an account established by or for an individual who is eligible for assistance under the TANF program, to allow the individual to accumulate funds for specific purposes. The funds in an IDA account shall be disregarded in determining eligibility for, or the amount of, assistance in any federal means-tested programs.

(Q) "Minor child" as defined in 45 C.F.R. 260.30 means an individual who:

(1) Is not eighteen years of age; or

(2) Who has not turned nineteen years of age and is a full-time student in a secondary school (or the equivalent level of vocational or technical training).

(R) "Minor head of household" as defined in section 5107.02 of the Revised Code means a minor child who is either of the following:

(1) Is married, pregnant and a member of an assistance group that does not include an adult; or

(2) Is married and is a parent of a child included in the same assistance group that does not include an adult.

(S) "Ohio benefits integrated eligibility system" means centralized statewide automated eligibility system for Ohio benefits that supports all eighty-eight county agencies.

(T) "Ohio Works First (OWF)" as defined in section 5107.02 of the Revised Code means the program established by section 5107.03 of the Revised Code. OWF is Ohio's TANF cash assistance program. OWF is a program that provides time-limited cash assistance, as defined in paragraph (B)(1) of this rule, to eligible families.

(U) "Payment standard" as defined in section 5107.02 of the Revised Code means the amount specified in rules adopted under section 5107.05 of the Revised Code that is the maximum amount of cash assistance an assistance group may receive under OWF from state and federal funds.

(V) "Prevention, Retention and Contingency (PRC)" as defined in Chapter 5108. of the Revised Code means the program established under Chapter 5108. of the Revised Code and funded in part with federal TANF funds to provide non-cash benefits and services, as defined in paragraph (B)(2) of this rule, that individuals need to overcome immediate barriers to achieving or maintaining self sufficiency and personal responsibility.

(W) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a United States federal law as defined in 45 C.F.R. 260.30, or Pub. L. No. 104-193 (8/1996). PRWORA instituted TANF.

(X) "Rehabilitation" as defined in section 3304.11 of the Revised Code means an eligible individual with a disability who has a physical or mental impairment of a physiological, mental or psychological disorder that constitutes or results in a substantial impediment to employment and who need vocational rehabilitation services to prepare for, secure, retain, advance in or regain employment. Vocational rehabilitation services has the same meaning as defined in 34 C.F.R. 361.5 (7/2017).

(Y) "Refugee Cash Assistance (RCA)" provides time-limited cash assistance to refugees who meet the other eligibility requirements defined in rule 5101:1-2-40.1 of the Administrative Code.

(Z) "Specified relative" as defined in section 5107.02 of the Revised Code means the following individuals who are age eighteen and older:

(1) Related by blood or adoption;

(a) Grandparents, including grandparents with the prefix "great," "great-great," or "great-great-great";

(b) Siblings;

(c) Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great," "great-great," "grand," or "great-grand"; and

(d) First cousins and first cousins once removed.

(2) Stepparents and stepsiblings; and

(3) Spouses and former spouses of individuals named in paragraphs (Z)(1) and (Z)(2) of this rule.

(AA) "State TANF expenditures" as defined in 45 C.F.R. 260.30 means the expenditure of state funds within the TANF program.

(BB) "Supplemental security income (SSI)" means cash payments made under the authority of Title XVI of the Social Security Act (8/1997), to the aged, blind, and disabled; or section 1616(a) of the Social Security Act.

(CC) "Supplemental security income (SSI) recipient" means a person who receives SSI payments.

(DD) "Temporary assistance for needy families (TANF)" as defined in 45 C.F.R. 260.30 is a block grant program to help move recipients into work and turn welfare into a program of temporary assistance.

(EE) "TANF Program" as defined in 45 C.F.R. 260.30 means a state program of family assistance operated by an eligible state under its state TANF plan.

(FF) "Title IV-A" as defined in 45 C.F.R. 260.30 means the title and part of the Social Security Act that now includes TANF, but previously included the now obsolete aid to families with dependent children (AFDC) and emergency assistance (EA) programs.

(GG) "Title IV-A program" as defined in section 5101.80 of the Revised Code means all of the following that are funded in part with funds provided under the TANF block grant:

(1) The OWF program established under Chapter 5107. of the Revised Code;

(2) The PRC program established under Chapter 5108. of the Revised Code;

(3) A program established by the general assembly or an executive order issued by the governor that is administered or supervised by the ODJFS; and

(4) The kinship permanency incentive program created under section .5180.52 of the Revised Code.

(5) The Title IV-A demonstration program created under section 5101.803 of the Revised Code.

(6) The Ohio parenting and pregnancy program created under section .5180.71 of the Revised Code;

(7) A component identified in the Title IV-A state plan that is listed as a component of a Title IV-A program in paragraphs (GG)(1) to (GG)(6) of this rule.

(HH) "Work eligible individual" as defined in 45 C.F.R. 261.2 (02/2008) means the following:

(1) An adult (or minor child headofhousehold) receiving assistance under TANF or a separate state program or a non-recipient parent living with a child receiving such assistance unless the parent is:

(a) A minor parent and not the headofhousehold;

(b) A non-citizen who is ineligible to receive assistance due to his or her immigration status; or

(c) At state option on a case-by-case basis, a recipient of supplemental security income (SSI) benefits or aid to the aged, blind or disabled in the territories.

(2) The term excludes:

(a) A parent providing care for a disabled family member living in the home, provided that there is medical documentation to support the need for the parent to remain in the home to care for the disabled family member;

(b) At state option on a case-by-case basis, a parent who is a recipient of social security disability insurance (SSDI) benefits; and

(c) An individual in a family receiving maintenance-of-effort funded assistance under an approved tribal TANF program, unless the state includes the tribal family in calculating work participation , as permitted under 45 C.F.R. 261.25 (2/2008).

(II) For purposes of division 5101:1 of the Administrative Code:

(1) The terms "comprehensive assessment," "appraisal" and "assessment" shall be read to include a comprehensive assessment conducted in accordance with division 5101:14 of the Administrative Code for work eligible individuals between the ages of fourteen and twenty-four years of age.

(2) The terms "self sufficiency contract" and "self sufficiency contract and plan" shall be read to include an individual opportunity plan developed in accordance with division 5101:14 of the Administrative Code for work eligible individuals between the ages of fourteen and twenty-four years of age.

Last updated April 1, 2026 at 7:43 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-1-03 Disclosure of recipient information, nondiscrimination, and treatment of information received from the internal revenue service and social security administration.

(A) What records are confidential?

All information and records concerning a recipient of Ohio works first (OWF) pursuant to Chapter 5107. of the Revised Code, and prevention, retention and contingency (PRC) pursuant to Chapter 5108. of the Revised Code are confidential. No information or records regarding applicants, recipients, or former recipients of any of the programs listed in this paragraph is to be released to anyone except as provided in sections 5101.27 and 5101.28 of the Revised Code, including an entity administering a program assisting needy individuals with the costs of public utility services or as otherwise delineated in this rule pursuant to section 5101.30 of the Revised Code.

(B) When is information allowed to be disclosed?

In accordance with sections 5101.27, 5101.28 and 5101.30 of the Revised Code, recipient information and records for any of the programs identified in paragraph (A) of this rule may be released to the following entities identified in paragraphs (B)(1) to (B)(8) of this rule. However, only the minimum information or records necessary to fulfill the need for the sharing of information shall be released.

(1) A provider of services or assistance connected with the programs identified in paragraph (A) of this rule. Access to information under this paragraph is limited to information that is essential for the provider to render or bill for services or assistance. Providers shall not use this information except for the purpose described in this paragraph and are subject to penalties established in section 5101.99 of the Revised Code for unauthorized use of the information.

(2) Any private contractor, grantee, or other state or county entity, performing administrative or other duties on behalf of the Ohio department of job and family services (ODJFS) or a county agency when in compliance with paragraphs (B)(2)(a) to (B)(2)(c) of this rule. Access under this paragraph includes but is not limited to exchange of information pursuant to section 307.987 of the Revised Code. Information is limited only to information needed for completion of the administrative or other duties on behalf of ODJFS or the county agency:

(a) There shall be a signed, written agreement with the contractor, grantee, or entity, that establishes the purpose and scope of duties to be performed for ODJFS or the county agency.

(b) The agreement shall contain language that the contractor, grantee, or entity shall not use the information received pursuant to the agreement for purposes other than those established in the written agreement.

(c) The agreement shall include language that establishes that the contractor, grantee, or entity is bound by relevant Ohio confidentiality laws and ODJFS rules; and, that disclosure of the information by the contractor, grantee, or entity in a manner not authorized by the Revised Code or Administrative Code is a breach of the contract and subject to penalties set forth in section 5101.99 of the Revised Code.

(3) Any state licensing or certification authority while performing its statutory duties of conducting or assisting with investigations, prosecution or civil or criminal proceedings against medicaid providers, provided that any such licensing or certification authority agrees to be bound by the same rules and regulations regarding recipient confidentiality that binds ODJFS. To ensure agreement of confidentiality, these information requests and responses will be conducted solely between the requesting authority and the appropriate office within ODJFS.

(4) A county child support enforcement agency when requesting relevant information needed to secure child support pursuant to rule 5101:1-3-10 of the Administrative Code.

(5) State and local offices of women, infants and children, child and family health services, and the children with medical handicaps program. The information shared is limited to eligibility information for specific individuals or assistance groups receiving these services.

(6) A public children services agency (PCSA) when the county agency is to report known or suspected instances of child abuse and neglect of a child receiving OWF, PRC, or former participation in aid to dependent children (ADC). Instances of abuse and neglect situations exist when a child experiences physical or mental injury, sexual abuse, or exploitation, or negligent treatment or maltreatment under circumstances that indicate the child's health or welfare is threatened.

The county agency, upon the request from the PCSA, is to share case or assistance group information regarding a family's current participation in OWF, PRC, or former participation in ADC when:

(a) The PCSA needs information to conduct an investigation or report of alleged child abuse or neglect; or

(b) The PCSA needs information to conduct an assessment of Title IV-E eligibility for foster care maintenance or adoption assistance.

(7) To the extent permitted by federal law, the ODJFS and county agencies shall provide information, except information directly related to the receipt of medical assistance or medical services, regarding recipients of public assistance under a program administered by the ODJFS or a county agency pursuant to Chapter 5107. or 5108. of the Revised Code to law enforcement agencies upon request for the purposes of investigations, prosecutions, and criminal and civil proceedings that are within the scope of the law enforcement agencies' official duties.

(8) Information about a recipient shall be exchanged, obtained, or shared only when the ODJFS, the county agency, or law enforcement agency requesting the information gives sufficient information to specifically identify the recipient. In addition to the recipient's name, identifying information may include the recipient's current or last known address, social security number, other identifying number, age, gender, physical characteristics, any information specified in an agreement entered into under section 5101.28 of the Revised Code, or any information considered appropriate by ODJFS or the county agency.

The following requirements shall be explained at the time of application for assistance or services and are included to protect the recipient's right to control personal data.

(1) Whenever a recipient of any of the programs identified in paragraph (A) of this rule is asked to supply personal data to the county agency or ODJFS, the legal requirements for providing or not providing such data shall be explained to the recipient.

(2) Upon the request of any recipient of any of the programs identified in paragraph (A) of this rule, the county agency shall make all data collected about that individual available to the individual. Medical, psychiatric or psychological information may not be released to the individual or his or her legal guardian when the county agency has reason to believe that its release may have an adverse effect on the individual.

When the county agency has reason to believe that the release of medical, psychiatric or psychological information may have an adverse effect, the county agency shall release this information to a physician, psychiatrist or psychologist designated by the individual. Once the individual provides expressed and informed consent, the county agency will send this information to the designated medical provider. The medical provider will then determine whether the information should be disclosed to the recipient.

In addition, the county agency shall supply an interpretation of the data when it is not readily understandable. When the individual feels that the data is incomplete or inaccurate, the individual has the right to include additional information in the individual's files.

(3) Upon any request for individual data through compulsory legal process, the recipient of any program identified in paragraph (A) of this rule, shall be immediately informed of such request. In addition, the department shall inform the court of the statutory and regulatory provisions against disclosure of information, when state or federal law precludes the release of the information. When the court still seeks the information, and when the information is not protected by any other privilege recognized by law, the county agency will furnish the specified information to the court itself along with ODJFS policies for safeguarding that information. At the same time, the county agency shall notify the individual that the information has been furnished to the court and shall supply exact copies of the information to the individual.

(4) Pursuant to division (D) of section 5101.27 of the Revised Code, ODJFS and the county agency may release information about a recipient of any of the programs listed in paragraph (A) of this rule, when the recipient gives voluntary, written consent in compliance with section 5101.27 of the Revised Code.

(D) What are the county agency responsibilities concerning nondiscrimination?

The county agency is responsible for providing assistance without discrimination on account of race, color, religion, national origin, gender, sexual orientation, disability, age or political beliefs, in a manner consistent with the all federal and state laws relating to nondiscrimination.

(E) What forms are to be used to request a release of information?

A signed JFS 07341 "Applicant/Recipient Authorization for Release of Information" shall be obtained whenever the county agency requests information from a third party. The county agency shall use the ODM 03397 "Authorization for the Release or Use of Protected Health Information" when the information is medical in nature or the JFS 06907 "LEAP-Learning, Earning, and Parenting Program School Information Release Form" when requesting attendance and educational information for LEAP program participants. A copy of any signed release shall be included in the individual's file.

(F) What are the confidentiality requirements for obtaining information from the social security administration (SSA)?

(1) The SSA sends information to the ODJFS about retirement, survivors and disability insurance (RSDI) and supplemental security income (SSI) beneficiaries who are applicants for or recipients of any of the programs listed in paragraph (A) of this rule. The SSA limits use and disclosure of this SSA information.

(2) The Privacy Act of 1974, PL 93-579, (12/1974), 88 Stat. 1896, 5 U.S.C. 522a, 20 C.F.R. 401 allows the SSA to release information to ODJFS and the county agency without a release of information from the beneficiary only as long as the information is for a "routine use" and for specified programs. Every use or disclosure of SSA information that is not routine or is not for an approved, specified program requires the prior written permission of the beneficiary or the SSA, respectively.

(a) The routine uses and approved programs for RSDI information obtained from SSA are: to determine eligibility for and administer OWF, supplemental nutrition assistance program (SNAP), Title XX social services, Title IV-E, child support and energy assistance.

(b) The routine uses and approved programs for SSI benefits obtained from SSA are: to determine eligibility for and administer OWF, SNAP, energy assistance, Title XX social services, Title IV-E, and child support.

(G) What are the disclosure, confidentiality, and physical safeguarding requirements of SSA and internal revenue service (IRS) information?

(1) Whenever ODJFS or the county agency discloses SSA information received from the SSA to someone who is not an employee of ODJFS or a county agency, it shall do so only for a routine use of an approved program and shall disclose only the information needed to accomplish the purpose of the routine use.

(2) ODJFS may disclose SSA information to another state agency, provided it is for routine use for an approved program and only the needed information is disclosed.

(3) ODJFS and/or the county agency shall keep a record every time they disclose information received from SSA to anyone who is not an employee of ODJFS or a county agency, even when the disclosure is for a routine use.

(a) The required record of disclosure of SSA information shall be kept in the individual case record and also in a central county agency file.

(b) The case record notation and the central file shall contain the date of disclosure, the information disclosed, the purpose of the disclosure, and the person to whom the information was disclosed. For the case record, the county agency shall enter the notation about the disclosure. For the central file, the county agency shall maintain separate records, for each source of data disclosed.

(c) The record of disclosure shall be retained for five years or the life of the application, whichever is longer. The disclosure records are subject to inspection by the SSA.

(4) The IRS sends unearned income information received from 1099 forms filed with that agency to ODJFS regarding applicants and recipients of any of the programs listed in paragraph (A) of this rule.

(5) 26 U.S.C. 6103 (1/2025), allows the disclosure of tax return information to federal, state and local agencies by the IRS for use in their temporary assistance for needy families and SNAP programs. The return information is disclosed solely for the purpose of, and to the extent necessary in, determining eligibility for, or the correct amount of benefits under the specified programs.

(6) IRS return information may not be disclosed to, exchanged with, or utilized by any other state agency. ODJFS and county agency employees who are entitled to access tax return information generally shall not disclose this information to any party outside the agency other than the taxpayer to whom the information relates or the taxpayer's duly appointed representative who has the explicit authority to obtain tax return information.

(7) To the extent that disclosure of IRS information is necessary to verify eligibility for and the correct amount of benefits, including past benefits, such disclosure may be made only when there is no other means of verifying the unearned income information, and only to the extent necessary to verify the unearned income information.

(a) All ODJFS and county agency employees with access to IRS return information shall have disclosure awareness training for safeguarding requirements and shall be advised on an annual basis of IRS penalty provisions.

(b) A permanent system of standardized record keeping shall be maintained by the county agency that documents requests for, and disclosure of return information. When redisclosure is authorized, the information disclosed outside the agency shall be recorded on a separate list that reflects to whom the disclosure was made, what was disclosed, why and when it was disclosed.

(8) ODJFS and the county agency shall physically protect SSA and IRS information from unauthorized access. The physical record number of SSA and IRS information required to be safeguarded include, but are not limited to, the following:

(a) Benefit earnings exchange record information that contains federal wage information obtained from the SSA master earnings file;

(b) IRS information return master file that contains returns filed by payers of income such as dividends, interest and retirement income.

(9) ODJFS and the county agency shall:

(a) Limit access to the data to only those employees and officials who need it to perform their official duties in connection with the approved programs.

(b) Store data in an area that is physically safe from access by unauthorized persons.

(c) Store, process and use magnetic tapes, screen prints and any electronic data in any computer system in such a way that information cannot be retrieved by unauthorized persons.

(d) Advise all personnel who will have access to the data of the confidential nature of the information, the safeguards required, and the criminal and civil sanctions for noncompliance contained in federal and state statutes.

(e) Permit the SSA and IRS to make onsite inspections to ensure that adequate safeguards are being maintained.

(f) Ensure that during interactive interviews confidential information is not exposed to any individual who is not the subject of the confidential information.

Last updated April 1, 2026 at 10:09 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-1-13 Case records, retention and transfer of records.

(A) What is a case record?

A "case record" is a collection of hard copy, online, and electronic documents to support that the county agency has determined the assistance group's eligibility for the Ohio works first (OWF), refugee cash assistance (RCA), and/or prevention, retention, and contingency (PRC) programs. The case record also contains information to support program eligibility and participation requirements, that the grant has been computed correctly, and that potential income and resources have been explored. The documents in the case record are needed to facilitate a third-party review. The documents in the case record include, but are not limited to the following:

(1) Application and recertification forms, such as the JFS 07200, "Supplemental Nutrition Assistance Program (SNAP), Cash, Medical and/or Child Care Assistance Application," JFS 07204, " Request to Recertify for Supplemental Nutrition Assistance Program (SNAP),Cash and/or Child Care Assistance" and "Prevention, Retention, and Contingency (PRC) Application."

(2) Selfsufficiency contracts, individual opportunity plans, and comprehensive assessment forms.

(3) Summary of recipient and agency contacts.

(4) Referrals to social services.

(5) Copies of county and state hearing notices and records. State hearing notices and records are maintained by the Ohio department of job and family services (ODJFS) in accordance with rule 5101:6-7-01 of the Administrative Code.

(6) Documentation of OWF work participation.

(7) Correspondence from the county agency to the assistance group and from the assistance group to the county.

(8) Verification such as wage reports, ODJFS state verification and exchange system (SVES) verification and birth records.

(9) Enumerations such as birth certificate, social security number, identity verification, and residency.

(B) What are the retention requirements for the records?

Assistance group records are subject to the retention procedures described in rules 5101:9-9-21 and 5101:9-9-21.1 of the Administrative Code.

(1) When the information is reported to the county agency that serves the county where the assistance group is currently participating, within twenty-four hours the county agency is to:

(a) Document the change within the case record and the date the change became known;

(b) Notify the county agency that serves the county in which the resident has moved to of the assistance group's change in residence and any additional information reported by the assistance group; and

(c) Transfer the case within the Ohio benefits integrated eligibility system to the county agency that serves the county in which the resident has moved and follow the procedures outlined in paragraph (D)(2) of this rule.

(2) When the information is reported to the county agency other than the one where the assistance group is currently participating, within twenty-four hours the county agency is to:

(a) Document the change within the case record and the date the change became known; and

(b) Notify the county agency where the assistance group is currently participating of the change in residence. Upon receiving the notification, the county agency where the assistance group is currently participating is to act in accordance with paragraph (C)(1) of this rule.

(3) When a county agency obtains information that an assistance group has changed its county of residence, but the change cannot readily be verified, the county agency is to:

(a) When the county agency that obtained the information is also where the assistance group is currently participating, the county agency is to verify the potential change in circumstances in accordance with rule 5101:1-2-20 of the Administrative Code.

(b) When the county agency that obtained the information is not where the assistance group is currently participating, the county agency is to, within twenty-four hours of obtaining the information:

(i) Document the alleged change within the case record and the date the potential change became known; and

(ii) Notify the county agency where the assistance group is currently participating of the potential change in residence. Upon receiving the notification, the county agency where the assistance group is currently participating is to verify the potential change in circumstance in accordance with rule 5101:1-2-20 of the Administrative Code.

(D) What is the procedure once a change in an assistance group's county of residence has been verified?

(1) Within twenty-four hours of verifying the information, the county agency that verified the change is to transfer the case to the new county of residence in the Ohio benefits integrated eligibility system.

(2) When a case is transferred, the county agency where the assistance group is currently participating is to within twenty-four hours:

(a) Take all necessary steps within the Ohio benefits integrated eligibility system to ensure that the case may be immediately acted upon by the receiving county agency;

(b) Update the electronic document management system with the eligibility determination documentation or documents submitted by the assistance group that have not been acted upon;

(c) Transfer any hard-copy records to the new county as soon as possible but no later than five business days from the date the county agency becomes aware of the residence change;

(d) Notify the new residential county when a hard copy record is being transferred; and

(e) ) Note actions taken in the case record.

(3) If potential changes in income, expenses, employment, or household composition as a result of the change in residence have not been verified, the county agency where the assistance group moved to is to verify the potential change in circumstance in accordance with rule 5101:1-2-20 of the Administrative Code.

Last updated April 1, 2026 at 7:34 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-1-36 Income and eligibility verification system (IEVS).

(A) Section 1137 of the Social Security Act (2/2014) mandates that state agencies administering federally funded public assistance programs develop and implement an income and eligibility verification system (IEVS). In Ohio, IEVS contains income and benefit information from the following sources:

(1) The Ohio department of job and family services (ODJFS), office of unemployment compensation, bureau of program services; and

(2) The social security administration (SSA).

(B) How is IEVS integrated into the Ohio benefits integrated eligibility system?

(1) All IEVS functions of ODJFS are provided through the Ohio benefits integrated eligibility system.

(2) The regular matching of social security numbers of assistance group members is reflected through the IEVS system, that consists of the following three components:

(a) Data exchange;

(b) Compliance tracking; and

Under IEVS, social security numbers of applicants and AG members are regularly matched with data from the following source agencies:

(1) ODJFS - wage records.

(a) The ODJFS, office of unemployment compensation acts as the state's wage information collection agency (SWICA). In accordance with section 4141.20 of the Revised Code, all employers are required to report quarterly earnings of all employees by the last day of the month following the end of each calendar quarter. All Ohio works first (OWF) and supplemental nutrition assistance program (SNAP) applicants and AG members are matched against the SWICA files on a quarterly basis. Matches are displayed to the county agency as soon as they are received.

(b) The county agency shall treat information received from SWICA as a lead to possible employment. Verification of employment and earnings shall be obtained from the employer or AG member in accordance with rule 5101:1-2-20 of the Administrative Code.

(2) ODJFS unemployment compensation records.

(a) ODJFS compares all OWF and SNAP applicants and AG members against the unemployment files on a weekly basis. Matches are displayed in the Ohio benefits integrated eligibility system to the county agency as soon as they are received.

(b) Information received from the unemployment files should be considered verified unless the client statement and/or case record fails to support the accuracy of the information.

(3) Retirement, survivors, and disability insurance (RSDI) and supplemental security income (SSI) benefits

(a) SSA provides information on RSDI and SSI benefits of individual public assistance participants. The ODJFS state verification and exchange system (SVES) provides an electronic interface with the SSA. The interface allows the transfer of RSDI and SSI benefit and entitlement information from the SSA.

(b) Beneficiary and SSI benefit and entitlement information is considered verified. Dual entitlement information should be verified when, or if, the AG record does not support the accuracy of the information.

(D) What are the time frames for processing an IEVS match?

(1) Federal regulations require the county agency to process IEVS matches in forty-five days.

(2) A county agency may only exceed the forty-five day time period on up to twenty per cent of its reviews, provided that the reason for the delay is due to nonreceipt of verifications, and provided that the review is completed by the next case action. The county agency is to take action to review and process the information immediately upon receipt. During the forty-five day period, the county agency is to:

(a) Review and compare the match information to the information in the assistance group (AG) record;

(b) Contact the AG;

(d) Initiate appropriate corrective action and case adjustments.

(3) Once the county agency completes the IEVS match process, the results will be recorded in the Ohio benefits integrated eligibility system history.

(4) When the county agency determines that an IEVS match displayed is for an AG whose case record is now active in another county and/or is delinquent, the county agency is to refer to the Ohio benefits integrated eligibility system transfer procedure.

(E) What are the IEVS priority levels?

Counties are assigned alerts for IEVS matches in the Ohio benefits integrated eligibility system with one of two priority levels: high or low. These alerts are to be completed within the time frame specified for each priority level.

(1) High priority matches are considered error prone. These matches are to be reviewed and completed by the county agencies within fory-five days.

(2) Low priority matches are issued to county agencies for informational purposes only. These matches are available for a minimum of one-hundred eighty days. The county agency will not be required to follow-up or report the results of these reviews. Low priority alerts will be systematically inactivated every one-hundred eighty to two hundred days.

(F) What are the requirements for safeguarding and disclosing IEVS match information?

(1) In accordance with federal law and regulations and the IRS publication 1075, https://www.irs.gov/pub/irs-pdf/p1075.pdf, match information that contains federal tax data is to be protected from disclosure to unauthorized persons. Federal tax information (FTI) remains tax information even after it has been verified. The determining factor is the source of the information.

(a) If the source is the social security administration or some other federal agency authorized to release FTI, this information is tax information.

(b) If the source is the individual involved, an authorized representative of the individual or entity, or a third party (from their records), the information is not considered tax information.

(2) If the individual, or payer institution, verifies by writing the information on a separate document, the information is not tax information. Therefore, it is possible to have two documents with the same information and, depending on the source of the information, one document is to be safeguarded while the other is not.

(3) Computer screen printouts or copies of letters mailed or received regarding FTI are to be safeguarded and are subject to the prescribed record retention schedule and safeguarding procedures as outlined in rules 5101:9-9-21 and 5101:9-9-25 of the Administrative Code.

(4) SSA federal tax information can be commingled within the AG case record, but the AG case record is to then be safeguarded in its entirety, clearly labeled to indicate that SSA FTI is included.

(5) FTI is to be logged and tracked so that the location of the FTI is known at all times.

(6) The IEVS match information may be disclosed only under the following circumstances:

(a) Any IEVS match information may be given to the AG member who is the subject of the information;

(b) An assistance group member may be given social security administration (SSA) information about other members in the same assistance group if the information is needed in connection with determining eligibility for benefits. A JFS 07341 "Applicant/Recipient Authorization for Release of Information" form is to be signed by the individual for whom the information is requested. When there is a request to review the AG case file, a member of the AG or its currently authorized representative may have access to the information provided by the release. However, the county agency may withhold confidential information, such as the names of individuals who have disclosed information about the AG without the AG's knowledge, or the nature or status of pending criminal prosecutions.

(G) How is the information obtained from IEVS matches recorded and disclosed?

(1) ODJFS and the county agency are to keep a record of any disclosure of IEVS information, including IEVS match information, to any person or agency who is not an employee of ODJFS or the county agency. The record of the disclosure is to be retained for five years or the active life of the application, whichever is longer.

(2) The ODJFS and county agency are to note in the AG record any disclosure to any person (other than the AG member), agency, or official who is not an employee of a county agency or ODJFS. The county agency is to record all such disclosures in its central file of IEVS information disclosures. The record of disclosure is to contain a description of the information disclosed, the date of the disclosure, the identity of the persons or agencies to whom the information was disclosed, and the purpose of the disclosure.

(3) The county agency is to refer to rule 5101:9-9-21 of the Administrative Code for closed IEVS documentation procedure.

(H) What actions are required by the county agency upon reciept of an IEVS match?

(1) Upon receipt of an IEVS match assigned with a high priority, the county agency is to:

(a) Refer to the income and eligibility verification system (IEVS) alert processing instruction guide.

(b) Regard the match information (unless SSA beneficiary and SSI entitlement or unemployment compensation) as a lead indicating the possible receipt of income to an AG member, not as verification.

(c) Determine if the IEVS information is consistent with the information already provided by the AG. When the AG case record does not have information that resolves the IEVS match, the county agency may contact the AG.

(2) When a county agency contacts an AG for verification of income, the county agency is to give the AG ten calendar days to submit verification. The request for verification is to also state that if the AG fails to provide the information and/or contact the county agency, assistance may be terminated. At the end of the time period, if there has been no contact by the AG or if there has been a refusal to provide verification, prior notice is to be sent proposing termination because the county agency is unable to determine continued eligibility. Since the information from the IEVS match does not coincide with the information from the AG case record, the county agency is to verify the match information. It is the responsibility of the AG to provide the information necessary to determine eligibility and to clarify any incomplete, inconsistent, or contradictory information received.

(3) If the AG agrees to cooperate in providing the requested information but is unable to provide the information, the county agency is to obtain a JFS 07341 to forward to the third party who may have the information, such as an employer.

(4) Any adverse action resulting from information produced by a matching program is to be processed in accordance with Chapter 5101:6 of the Administrative Code.

(5) When the review of the IEVS match results in a determination that the benefit amounts issued were incorrect and should be increased or decreased accordingly, the county agency is to initiate at least one of the following:

(a) Ineligibilityterminate benefits or deny application;

(b) Overpaymentrecover the overpayment; or

(6) When the review of the IEVS match results in the discovery of previously unknown employment, the county agency is to secure appropriate third-party resource forms in accordance with rule 5101:1-2-20 of the Administrative Code.

(I) How are IEVS matches investigated by the county benefit recovery unit?

The county agency is to investigate the IEVS match using the following guidelines:

(1) The county agency will not deny, delay, or discontinue benefits while waiting for information when other evidence establishes the AG's eligibility;

(2) The primary task of the IEVS match review is to check previous and current eligibility. The review also attempts to find and recover all overpayments whether they are AG error or agency error;

(3) The eligibility determiner's purpose in the IEVS match is to discover the facts of the AG's situation during the match period and to decide whether the AG received the correct amount of benefits.

(J) How are the county agencies monitored for compliance with IEVS?

ODJFS monitors the county agency IEVS activities by reviewing selected cases for timeliness, accuracy of the processing of alerts, and the safeguarding of IEVS information. Reviews are scheduled in each county agency a minimum of every three years.

Last updated March 1, 2024 at 8:10 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-1-50 Written declaration of citizenship/alien status and the use of the systematic alien verification for entitlements system.

Each individual who is not a citizen or national of the United States (U.S.) is required to provide a written declaration of alien status and provide documentation to support their alien status. The county agency is required to confirm the authenticity of the documentation provided by the individual through the automated systematic alien verification for entitlements (SAVE) system.

(A) What is the written declaration of citizenship/alien status?

(1) Each individual applying for Ohio works first (OWF); prevention, retention and contingency (PRC); or refugee cash assistance (RCA) shall provide a declaration in writing under penalty of perjury of the following:

(a) If the individual is a citizen or national of the U.S. or an alien in a satisfactory immigration status; and

(b) The status of all dependent children for whom assistance is requested.

(2) The written declaration of citizenship/alien status shall be considered met for all members of the assistance group when the adult, minor head of household or authorized representative signs and dates an application as defined in rule 5101:1-2-01 of the Administrative Code.

(3) Declarations on behalf of newborn children shall be provided no later than the next scheduled recertification. The declaration requirement is met by the assistance group member's signature on the application as described in rule 5101:1-2-01 of the Administrative Code.

(4) Any assistance group member who is not a U.S. citizen or national shall provide documentation from the U.S. citizenship and immigration services (USCIS) of their current alien status.

(B) What documents shall be provided by an individual who is not a citizen or national of the U.S?

(1) The following original documents are considered acceptable verification of alien status:

(a) Alien registration card;

(i) Alien registration cards have an alien registration number (A-number) referencing the individual's file at USCIS.

(ii) The A-number contains eight or nine numerical digits preceded by the letter "A".

(iii) The A-number is unique to an individual.

(b) Marriage records or court orders indicating identity, immigration status or U.S. residence of the individual. These documents are not considered adequate proof of current immigration status, but may be used to verify alien status through the secondary verification process as set forth in paragraph (D)(2) of this rule.

(2) If an individual claims to have lost the original documents or the documents expire, the county agency shall refer the individual to the local USCIS office to request new documents.

(3) Required documentation shall be provided at application or when the alien status changes.

The SAVE system is an information-sharing initiative allowing authorized staff to validate a noncitizen's immigration status by accessing USCIS data. The USCIS protects the individual's privacy in accordance with the Immigration and Nationality Act (INA) of 1952 and other applicable statutes. No consent for release of information is required to use SAVE.

(D) What are the methods of verifying the documents?

There are three methods of verifying the documents provided in accordance with paragraph (B) of this rule:

(1) Initial or primary verification is used to provide alien status verification within seconds of inquiry. This verification is used for most applicants. The county agency shall compare the information provided through the SAVE system with the documents provided by the individual. If the documentation matches in SAVE, the process is complete.

(2) Additional or secondary verifications provides a more extensive validation if problems appear in the verification of alien status. Secondary verification is required in any of the following situations:

(a) The document appears counterfeit or altered.

(b) The individual presents unfamiliar USCIS documentation, or a document indicating immigration status, but does not contain an A-number.

(d) A document containing an A-number in the "A80-000-000" series.

(e) When an individual has no immigration documentation and is hospitalized, medically disabled or can otherwise show good cause for the inability to present documentation, and securing such documentation constitutes an undue hardship.

(f) When an individual presents a foreign passport and/or form I-94 "Arrival/Departure Record" and the "Admission for Permanent Residence" endorsement is more than one year old.

(g) When an automated check through the SAVE system returns with a response "institute additional verification" or when there is a discrepancy between an individual's documentation and the record contained in the SAVE system.

(h) When an individual claims lawful permanent (or conditional) resident status because they are a battered alien, a parent of a battered child(ren) or a victim of domestic violence.

(3) A third-level review is necessary when SAVE needs to review a copy of the applicants immigration document to issue a verification response. When submitting a third-step verification, the county agency is to scan and upload any relevant immigration/citizenship documents to SAVE.

(E) How does the SAVE verification affect eligibility?

SAVE does not determine an individual's eligibility for a specific benefit or provide information unrelated to an individual's immigration status. It does not replace the requirement for noncitizens to provide verification of their immigration status as set forth in paragraph (B) of this rule.

(1) No eligibility determination shall be delayed, denied, reduced or terminated solely because of pending SAVE verification.

(2) When an individual appears eligible with available USCIS documentation and all other program eligibility criteria are met, the county agency shall issue benefits to the assistance group while awaiting a response from USCIS.

(3) When a discrepancy exists after receipt of information from the SAVE system, the county agency shall send prior notice of adverse action to the assistance group in accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code.

(4) The provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable when payments have been erroneously issued.

Last updated November 1, 2023 at 8:25 AM

History

Effective: November 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-1-90 Ohio works first: state tax refund offset program.

(A) What is the state tax refund offset program?

(1) The state tax refund offset program allows the offset of Ohio income tax refunds to collect delinquent aid to dependent children, temporary assistance to needy families, and Ohio works first (OWF) program overpayment claims.

(2) Periodically, but no less than annually, the Ohio department of job and family services (ODJFS) certifies to the Ohio department of taxation a list of applicable debtors.

(3) The Ohio department of taxation offsets the certified debts against income tax refunds payable to the debtors, and notifies the debtors and ODJFS of offsets which have been made.

(B) When is a claim referred to the state tax refund offset program?

To refer a claim to the state tax refund offset program, the following criteria must be met:

(1) The claim must be past due. A claim becomes past due when a cash payment has not been received for ninety consecutive days on an established overpayment. An established overpayment is one in which an adult responsible for repayment of the claim was issued a demand notice.

(2) The claim must be legally enforceable.

(a) The claim shall be properly established by electronic records or paper documents held by the county agency in accordance with section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code. The evidence shall include verification that the assistance group was notified of hearing rights on the claim as described in rule 5101:6-2-20 of the Administrative Code.

(b) The claim has not been discharged in bankruptcy for the referred individual, nor is there a bankruptcy stay in effect for the referred individual.

(3) The claim must be at least twenty-five dollars or more.

(4) The date of the initial demand letter must be within ten years of the date on which the debt is certified to the state tax refund offset program. Exceptions to the ten year limitation include claims reduced to final court judgments and claims due to an individual's intentional violation of the program requirements as described in rule 5101:1-23-75 of the Administrative Code.

(1) The claim is not past due;

(2) The liable adult(s) is eligible for an Ohio works first grant reduction. Even when the claim is being repaid through a grant reduction of the assistance group's benefits, any other liable adult who is not currently in receipt of Ohio works first benefits may be referred to the Ohio department of taxation for offset;

(3) A state hearing decision on the issue of the claim is pending;

(4) The thirty days allowed for the assistance group's response to a notice of overpayment has not yet expired;

(5) An individual is making payments pursuant to an agreed upon schedule of payments or the claim has been paid in full; or

(6) There is another documented reason that the claim is not past due.

(D) Who is liable for a claim?

A liable individual is one who was an adult or minor head of household during the time period of the claim. Each claim is submitted in the name of one or more liable individuals.

(E) How is the debtor notified of the offset?

ODJFS mails an automated thirty day notice of intent to offset to the address provided by the Ohio department of taxation. The notice informs the debtor that agency records document:

(1) The individual is liable for a specified unpaid claim balance amount;

(2) Previous notification about the claim was sent;

(3) Prior collection efforts have been made;

(4) The claim is past due and legally enforceable;

(5) The county agency will refer the claim to the state tax refund offset program unless the debtor;

(a) Pays the balance within thirty days of the date of the notice when the balance is five hundred dollars or less; or

(b) Pays five hundred dollars within thirty days of the date of the notice (when the debt is greater than five hundred dollars) and makes other acceptable repayment arrangements for the balance due;

(6) Instructions about how to pay the claim;

(7) County contact information; and

(8) The right to request a review concerning the intent to refer the debt for offset.

(F) What are the responsibilities of the county agency?

Each county agency shall:

(1) Maintain a toll-free telephone service available during the county agency's regular business hours. The toll-free telephone number and the mailing address of the county agency are printed on all state tax refund offset program notices to debtors.

(2) Verify the debtor's identifying information, access the claim case information, and discuss the case with the debtor when the debtor receives the thirty day notice of intent to offset and contacts the agency.

(3) Inform the debtor of repayment arrangements acceptable to prevent offset as specified in paragraph (I) of this rule.

(G) What are the requirements for an individual to request a review of the debt referred?

The request for review shall:

(1) Be received at the county agency in writing no later than thirty days after the mailing date of the notice of intent;

(2) Include evidence or documentation to support the debtor's belief that the claim is not past due or is not legally enforceable;

(3) Contain the debtor's social security number; and

(4) Include a statement, signed by the debtor, authorizing another person to represent the debtor when someone other than the debtor makes a request for review on behalf of the debtor.

(H) How is a request for review handled?

(1) Within fifteen days of the debtor's request for review the county agency shall notify the debtor in writing of the following:

(a) Continued intent to refer the claim for offset when the county agency determines that the claim is past-due or is legally enforceable;

(b) The debtor's right to have ODJFS review the county agency's decision; and

(2) When the county agency determines that the claim is not past-due or is not legally enforceable, the county agency shall notify the debtor in writing that the claim will not be referred for offset, and take any action necessary to establish or recover the claim or other action as may be required.

(I) What are the responsibilities of ODJFS when a request for review is made?

(1) ODJFS shall not refer for offset any claim for which a review has been requested when:

(a) The county agency or ODJFS determines that the claim is not past-due or is not legally enforceable; or

(b) The county agency does not complete a requested review or does not notify the debtor of the results of that review.

(2) ODJFS shall notify the county agency and the debtor of its decision concerning any debtor's request for review. When the review decision is that the county agency:

(a) Correctly determined the claim is past-due and legally enforceable, ODJFS shall notify the debtor that any further appeal must be made through the courts.

(b) Incorrectly determined the claim is past-due and legally enforceable, ODJFS also must notify the county agency about any corrective action which must be taken with respect to the claim.

(3) When the debtor makes an acceptable repayment arrangement with the county agency, the claim is not referred for offset.

(J) What is an acceptable repayment arrangement?

(1) When the claim(s) balance is five-hundred dollars or less, the balance must be paid in full within thirty days of the mailing date of the thirty day offset notice.

(2) When the claim(s) balance amount is more than five-hundred dollars, a minimum payment of five-hundred dollars and a signed, written agreement to repay the balance must be received by the county agency within thirty days of the mailing date of the thirty day offset notice. The repayment agreement must be acceptable to the county agency.

(3) Any payment the county agency receives in response to a debtor's receipt of a thirty day state tax refund offset program notice of intent to refer a claim for offset shall be credited to the claim(s) which is to be referred for offset.

(4) The county agency shall enter the repayment agreement and any additional information into the statewide automated eligibility system on the day it is received.

(K) What happens when a claim does not meet the criteria for referral?

(1) When the county agency or ODJFS staff becomes aware that a claim referred for offset does not meet all criteria for referral, ODJFS shall cancel the referral.

(2) When the reason for cancellation of the referral is not because of a repayment arrangement being established as one of the changes listed in paragraph (I) of this rule, the county agency shall inform ODJFS of the inappropriate referral with the JFS 07430, "Offset Programs Referral Cancellation/Refund Request."

(3) The county agency shall submit the JFS 07430 by facsimile or e-mail to ODJFS within one business day from the date of the determination that the referral must be canceled.

(4) ODJFS shall update the statewide automated eligibility system upon receipt of the JFS 07430 and the information will be transmitted to the Ohio department of taxation in the next weekly update file.

(L) What happens when a claim is referred?

After the certification of a debt:

(1) ODJFS sends weekly updates of account information to the Ohio department of taxation;

(2) Changes entered into the statewide automated eligibility system, such as payments received, repayment arrangements, decrease in claim balance and reopening of the case will automatically update referral data already sent to the Ohio department of taxation;

(3) When the offset occurs, ODJFS credits the applicable claim(s) and updates the statewide automated eligibility system accordingly, and ensures that the affected individual is notified of the offset in writing; and

(4) Upon receiving notice of offset, ODJFS shall refund any incorrect collection resulting from the offset. ODJFS must also notify the individual of the refund amount in writing.

(M) Must the state tax refund offset program information be safeguarded?

ODJFS and the county agency shall safeguard Ohio department of taxation information from unauthorized access and use. This information includes printed reports and on-line statewide automated eligibility system information provided to authorized personnel. This information may be used only as needed for the administration of the state tax refund offset program, and shall be protected from overt and inadvertent disclosure.

Last updated August 1, 2022 at 8:43 AM

History

Effective: August 1, 2022
Promulgated Under: 119.03

Chapter 5101:1-2 Application Process; Verification

Ohio Adm.Code 5101:1-2-01 The application process for Ohio works first and refugee cash assistance.

This rule describes the county agency responsibilities for conducting an interview and a comprehensive assessment when an individual requests to participate in Ohio works first (OWF) or refugee cash assistance (RCA). Individuals wanting to participate in either OWF or RCA are to be provided an application the same day when one is requested either in person or mailed the following business day if requested by letter or telephone. An individual should not be discouraged from applying even when the individual appears to be ineligible.

(A) How does an individual apply for OWF or RCA benefits?

(1) The application process begins with a request for OWF or RCA. Upon request to apply, the county agency is to provide the individual or authorized representative with all of the following forms:

(a) A JFS 07200 " Supplemental Nutrition Assistance Program (SNAP), Cash, Medical, and/or Child Care Assistance Application," JFS 07204 " Request to Recertify for Supplemental Nutrition Assistance Program (SNAP), Cash, and/or Child Care Assistance," or the electronic or telephonic equivalent; and

(b) A JFS 07217 "Voter Registration Notice of Rights and Declination" and a voter registration form (for requirements and procedures of the National Voter Registration Act of 1993 refer to rule 5101:1-2-15 of the Administrative Code).

(2) An assistance group may submit an application to the county agency:

(a) In person;

(b) Through an authorized representative;

(d) By electronic transmission;

(e) By mail; or

(f) By telephone.

(3) Assistance groups wanting to participate in the program(s) are to file a complete application.

(a) An "application" is a JFS 07200, JFS 07204, or its electronic or telephonic equivalent; and

(b) Except as outlined in paragraph (A)(3)(c) of this rule, a "complete application" is an application that includes, at a minimum, the name, address and signature of the person completing the application.

(i) Name;

(ii) Address;

(iii) A completed interview as described in paragraph (G) of this rule; and

(iv) A telephonic signature of the person completing the application. A telephonic signature is an audio recording of the assistance group's verbal assent and a summary of the information to which the assistance group assents.

(4) When an assistance group is currently receiving supplemental nutrition assistance program (SNAP) benefits and decides to apply for cash assistance at recertification, a new application for cash assistance is to be filed.

(B) What is the role of the county agency in the completion of the application?

(1) The county agency is to 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 is to sign his or her name and title on the application.

(3) A county agency employee is not to 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 is not to be construed to mean that the county agency has assisted with the completion of the application.

(5) When the application is signed with a telephonic signature as described in paragraph (A)(3)(c) of this rule, the county agency is to provide the assistance group a written copy of the JFS 07008 "Benefit Application Summary" form, or its electronic equivalent of the information attested to during the interview.

(1) The application is to 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;

(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 (C)(1) of this rule is to sign the application in order to register the request for assistance for the assistance group. The county agency is to notify the potential assistance groups of this requirement in writing no later than one working day following the interview.

(3) The types of signatures include:

(a) Handwritten signatures including signatures that are transmitted by facsimile or other electronic submission. When the signatory cannot sign with a name, an "X" is valid signature. It may be necessary for the county agency to have a witness attest to an "X" signature. An employee of the agency may serve as a witness.

(b) Electronic signatures which include the following:

(i) A digital signature;

(ii) A handwritten signature input on electronic signature pad or display screen; or

(iii) A digitized image of a handwritten signature that is attached to an electronic record or a typed name on an online application. This excludes telephonic signatures as described in paragraph (A)(3)(c) of this rule.

(c) Telephonic signatures obtained in accordance with procedures approved by the Ohio department of job and family services(ODJFS).

(4) Since 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 (A)(3)(b) of this rule as soon as possible.

(5) A handwritten signature is not required when there is an electronic or telephonic signature. Electronic and telephonic signatures have the same legal effect and are enforced in the same way as a handwritten signature.

(D) What is the application date and how is an application registered?

(1) The county agency is to accept the application on the day it is turned into the county agency. The "date of application" is the date that the county agency receives a complete application for existing assistance groups completing an interview. When an application is:

(a) Submitted by mail, fax, electronically, or telephonic equivalent, the date of application is to be the date the county agency receives the completed application. All applications received by mail are to be date stamped the day received.

(b) Received after business hours, the date of application is the next business day.

(c) Received from the social security administration, the date of application for all public assistance programs, except SNAP, is to be the date the county agency receives the complete application.

(2) Upon receipt of a complete application the county agency is to enter the information into the Ohio benefits integrated eligibility system.

(3) The county agency is not to delay the date of application because of any local office procedure. The date of the interview is not to be used to delay the application date.

(4) The assistance group is to 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 is to advise that the date of the application and the beginning date of benefits are dependent upon the date the completed application is returned to the county agency provided all other eligibility factors are met on or before the date received.

(E) What are the requirements for authorized representatives?

An "authorized representative" is an individual, eighteen years of age or older, who is authorized to act on behalf of the assistance group.

(1) The assistance group is to provide a written statement naming the authorized representative and the duties 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 is to 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 is to be held responsible for overpayments when the authorized representative is the legal guardian or legal trustee for the assistance group.

(6) When it is determined that the authorized representative has given incorrect information intentionally through no fault of the assistance group, a referral is to be made to the county prosecutor to determine when fraud has occurred on the part of the authorized representative. When the prosecutor's determination is that the authorized representative committed fraud, the authorized representative may be found liable for the overpayment.

(F) What are the county agency's responsibilities prior to authorization?

(1) Each question on the application is to be completed to the fullest extent possible and any missing information is to be supplied during the interview or through the required verifications.

(2) The assistance group and/or authorized representative is to make an accurate and complete disclosures of all information necessary for a determination of eligibility. Such disclosure are to 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 reporting requirement within ten days from the date the change actually occurs.

(4) Administrative duties are to be performed in such a manner as to secure for every assistance group the full amount of benefits that is legally entitled according to program regulations.

(5) For OWF applicants the application process includes:

(a) For each work eligible individual between the ages of fourteen and twenty-four:

(i) 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

(ii) Ensure the individual has signed an individual opportunity plan (IOP) developed in accordance with 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.

(b) For all other work eligible individuals, minor heads of household and adult members of the assistance group, complete a comprehensive assessment 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.

(c) As agreed in the SSC, the county agency may have a work eligible individual complete a job search and job readiness applicant assignment as described in rule 5101:1-3-12.5 of the Administrative Code, prior to authorization of OWF benefits as described in rule 5101:1-3-11 of the Administrative Code. In accordance with rule 5101:9-3-02 of the Administrative Code, 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 is to ensure that the assignment is consistent with its Americans with Disabilities Act (ADA) of 1990 plan.

(G) What are the interview requirements and how can the interview be conducted?

(1) An interview is to be scheduled as promptly as possible after the receipt and registration of a complete application 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 (J) of this rule.

(2) The interview is used to inform the assistance group of all required verifications, the time period that the verifications are to be submitted to the county agency, and the responsibility of the county agency to assist 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) When the primary language of the individual completing the interview is not English, the county agency is to offer an interpreter at no cost to the individual. The individual is not to be required to provide his or her own interpreter or use a family member, unless they desire to do so.

(4) 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.

(5) When the interview cannot be conducted in the county agency offices or by telephone, alternative locations and/or hours are to be arranged.

(6) The county agency may conduct an:

(a) Office interview;

(b) Telephone interview; or

(7) 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 is to grant a face-to-face interview to any assistance group that requests one.

(H) What are the county agency's responsibilities for the interview?

(1) Provide the JFS 07344 "Direct Deposit Authorization" when applicable.

(2) When the Ohio benefits integrated eligibility system is unavailable, the JFS 01846, "Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview" is to be used to conduct the interview.

(3) Assist in obtaining verification and completing the voter registration forms 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) Ensure that a case manager who has completed the training(s) prescribed by the ODJFS is provided for all work eligible and LEAP individuals.

(I) What is to be covered in the interview?

(1) The eligibility requirements for cash programs, including citizenship and immigration status, social security number requirements, issuance and use of benefits.

(2) The required verifications and information that is to be provided. This is to include a review of those verifications already provided and those verifications remaining to be secured. The county agency is to also inform the assistance group of assistance that they can provide in securing the required verifications and information.

(3) The importance of abiding by the time limits for providing the verifications and additional information. The county agency is to emphasize that the application cannot be processed until the verifications and additional information are submitted.

(4) The joint responsibility for exploring all the factors of eligibility and the circumstances that the assistance group is to be held responsible for presenting records or documents in its possession to support statements.

(5) The consequences for failing to accurately report the circumstances of the assistance group at the point of application and later 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.

(6) The availability, purpose, and provision of appropriate social services programs within and outside the agency regardless of an individual's receipt of financial assistance.

(7) The responsibility of the parent for minor children and spouses for each other.

(8) The ability of the assistance group to meet its needs pending the receipt of the first benefit.

(9) The availability of free legal services through legal aid.

(10) An explanation of eligibility for a pregnant minor or minor parent and child to receive assistance as described in section 5107.24 of the Revised Code.

(11) An explanation of the SSC and the time limit requirements and extensions for the OWF program.

(12) 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.

(13) An explanation of the individual's rights under the ADA, including the right to request reasonable modification in program activities.

(14) During the interview, the county agency is to offer assistance in getting any additional verifications or information that is needed in order to process the case. The county agency is to use the JFS 07105 "Application/Reapplication Verification Request Checklist." The checklist is to provide a date for the return of the verifications. When the required information and verifications are not received by this date, benefits are denied.

(15) An explanation of the quality control review process and the assistance group's responsibility to cooperate when the case is selected for review.

(16) An explanation of the requirement to report all changes within ten days of the date that the change occurred.

(17) An explanation of the right to request a county conference or state hearing when the individual disagrees with an action taken on the case.

(18) The county agency is to 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)" 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.

(J) What is the time frame for determining eligibility?

(1) For an OWF or RCA application, the determination of eligibility is to be completed within thirty 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) The time frames may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances 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.

(3) When calculating the thirty or forty-five 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 is to end on the next working day;

(4) When the application pends longer than thirty days, journal notes are to be documented at least every thirty days with the reason for the delay.

(K) What is considered a failure in the application process?

Failure to cooperate in the application process and the verification requirements results in a denial of the OWF or 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 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 or if CCMEP required, an IOP.

(L) What is the difference between a "request for public assistance" and a "request for information"?

The distinction is to be drawn between a "request for public assistance" (an application) and a "request for information" (an inquiry). An inquiry is not always going to result in an application. Any individual has the right to apply for benefits for themselves or on behalf of another individual.

Last updated April 1, 2026 at 7:43 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-10 The recertification requirement.

(A) What is the recertification process?

The recertification process is a periodic review and confirmation that the assistance group continues to meet all of the eligibility requirements of the program that benefits are being issued.

(B) When is a recertification of eligibility necessary?

(1) Every twelve months for Ohio works first (OWF) assistance groups not included in paragraph (B)(5) of this rule.

(2) Four, five, six or twelve months for OWF assistance groups who are:

(a) Expecting a change that would make them ineligible to receive cash assistance;

(b) Migrant farm workers; or

(3) Twenty-four months for child only assistance groups receiving OWF.

(4) The inability to complete the recertification within the prescribed length of time will not interfere with the prompt payment of benefits or be the basis for termination unless the assistance group fails to cooperate with the recertification.

(5) OWF assistance groups under a three-tier sanction who sign the JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the Ohio benefits integrated eligibility system generated equivalent form and when it is received by the county agency on or before the last day of the sanction period as described in rule 5101:1-3-15 of the Administrative Code is not necessary to complete a recertification.

The county agency is responsible for:

(1) Conducting an interview;

(2) Informing the assistance group of its necessary involvement and cooperation in the recertification process;

(3) Providing assistance in securing verifications and completing the voter registration forms when requested;

(4) Providing an interpreter at no charge to assistance groups with limited English proficiency;

(5) Obtaining verification of information that is new, has changed or is subject to change;

(6) Reviewing basic eligibility factors and explaining rights and reporting responsibilities;

(7) Completing the recertification in a timely manner;

(8) Updating all files upon completion of the recertification process; and

(9) Complying with rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (2008) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the ADA and offering additional screening to any work eligible individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(D) How is a recertification completed?

(1) The county agency is to conduct a recertification with a member of the assistance group or its authorized representative through:

(a) Telephone interview; or

(b) Face-to-face interview.

(2) Telephone interview

(a) A telephone interview may be conducted instead of a face-to-face interview.

(b) The county agency does not need to determine whether a hardship exists.

(c) The telephone interview notice is to be mailed in advance with the date, time and telephone number that the county agency worker will use to contact the assistance group.

(d) The county agency worker will gather the same information and verifications and take the same actions during the telephone interview as during a face-to-face interview.

(e) Once completed, the county agency worker is to provide the assistance group the following documents:

(i) An application as defined in rule 5101:1-2-01 of the Administrative Code; and

(ii) JFS 07217 "Voter Registration Notice of Rights and Declination" or the Ohio benefits integrated eligibility system generated equivalent.

(f) For Ohio benefits integrated eligibility system purposes, the signature date is the date that the county agency receives the signed JFS 07204 "Request to Recertify For Supplemental Nutrition Assistance Program (SNAP), Cash, and/or Child Care Assistance" or its telephonic or electronic equivalent.

(g) To expedite the recertification process, the county agency may send the documents identified in paragraph (D)(2)(e) of this rule with the interview appointment letter.

(h) The recertification is not considered complete until all of the necessary documents are returned by the assistance group excluding the JFS 07217 which is not necessary to be returned. This includes all of the documents listed on the JFS 07105 "Verification Request Checklist."

(3) Face-to-face interview

(a) The county agency is to conduct a face-to-face interview when:

(i) The assistance group or authorized representative requests a face-to-face interview;

(ii) The assistance group or authorized representative does not have a telephone; or

(iii) The county agency worker determines that it is appropriate in order to resolve eligibility determination issues for the assistance group.

(b) When the recertification interview is conducted as a face-to-face interview, the provisions described in paragraphs (D)(2)(e) and (D)(2)(h) of this rule are applicable.

(4) Availability of the Ohio benefits integrated eligibility system

When the Ohio benefits integrated eligibility system is down or unavailable for an extended period of time, the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview" will be used.

(E) When can an OWF assistance group that has already been approved have their established eligibility period adjusted to align with SNAP?

(1) When the assistance group applies for OWF within a certification period for SNAP, the OWF eligibility period may be adjusted to align with the certification dates already established for SNAP.

(2) When the assistance group has already been approved for OWF and applies for SNAP, the OWF eligibility period may be terminated early and a new eligibility period may be established.

(F) What is considered a failure to cooperate in the recertification process?

Failure to cooperate in the recertification process and the verification requirements will result in the termination of OWF. A failure occurs:

(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 recertification interview.

(G) Reinstatement of benefits

(1) County agencies can reinstate benefits for assistance groups that have terminated for failure to provide necessary verifications or take a necessary action.

(2) The county agency is to reopen an assistance group that has been proposed for termination without requiring a new application when the necessary verifications are provided or actions are taken within thirty days of the benefit termination date.

(3) The county agency is to prorate the assistance group's benefits beginning the day the verifications were received or the action was taken.

(4) The assistance group has the option to refuse the prorated benefit.

Last updated September 2, 2025 at 7:59 AM

History

Effective: September 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-15 Voter registration requirement.

(A) What is the National Voter Registration Act (NVRA) of 1993?

(1) The NVRA, 52 U.S.C. 20501 (1993), establishes procedures to increase the number of eligible citizens who register to vote in elections for federal office.

(2) The NVRA requires states to provide voter registration services to all government agencies that provide public assistance, including county agencies.

(B) What is the role of the county agency?

The county agency shall do the following:

(1) In accordance with the NVRA and section 329.051 of the Revised Code, make voter registration applications available, as set forth in paragraph (B)(2) of this rule, to individuals applying for or in receipt of the following programs:

(a) Ohio works first (OWF);

(b) Prevention, retention and contingency (PRC);

(d) Medicaid.

(2) Provide the following forms with every application, recertification or change of address:

(a) The JFS 07200-VR "Voter Registration and Information Update Form" or the national mail voter registration application. The voter registration form shall be attached to all applications, recertifications and change of address materials.

(b) The JFS 07217 "Voter Registration Notice of Rights and Declination", or the county-created equivalent form or the statewide automated eligibility system generated equivalent. When the county agency creates its own form, the questions and statements set forth in the NVRA and section 3503.10 of the Revised Code must be on the form.

(i) Individuals who wish to register should check the "yes" box and individuals who do not wish to register should check the "no" box. Failure to check either box will be deemed a decision not to register to vote at that time.

(ii) When an individual checks "no" on the notice of rights and declination form, but completes the voter registration form, the county agency shall send the form to the local county board of elections.

(iii) The secretary of state does not require the submission of the notice of rights and declination form.

(iv) Information relating to a declination to register to vote in connection with an application made at the county agency shall not be used for any purpose other than voter registration.

(3) Assist the individual in completing the voter registration forms, unless the individual refuses such assistance. Each individual shall be provided the same degree of assistance with completion of the voter registration form as is provided with the completion of any public assistance form.

(4) Accept the completed voter registration form regardless of whether the form was distributed by the county agency. Completed voter registration forms may be returned to the county agency in person or through another person. When voter registration forms are accepted, they shall be date stamped using a date stamp that will not disclose the identity of the county agency or if no such date stamp is available, the date may be written on the voter registration form.

(5) Transmit completed voter registration forms to the appropriate local county board of elections within five days after the date of receipt by the county agency. The JFS 07218 "Agency-Based Registration Voter Registration Transmittal" shall be used for this purpose.

(6) Maintain confidentiality in voter registration procedures. The identity of the county agency from which voter registration forms are received shall remain confidential except as required by the secretary of state for record-keeping purposes.

(7) Establish an internal procedure for collection of all voter registration forms. The internal procedure shall include the selection of a designated individual within the agency to serve as coordinator for all activities related to the voter registration program. The requirements of the coordinator are listed in paragraph (D) of this rule.

(8) Provide the individual with an opportunity to register to vote with instructions when the county agency learns the individual was not given the opportunity to register to vote.

(1) Seek to influence an individual's political preference or party registration;

(2) Display any such political preference or party allegiance;

(3) Make any statement to an individual or take any action with the purpose or the result is to discourage the individual from registering to vote; or

(4) Make any statement to an individual or take any action with the purpose or the result is to lead the individual to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(D) What is the role of the county agency voter registration coordinator?

The voter registration coordinator is responsible for administering all aspects of the voter registration program within the county agency as prescribed by the secretary of state and has the following specific responsibilities:

(1) Collect all voter registration forms.

(2) Transmit voter registration forms to the local county board of elections.

(3) Train all county agency employees who provide assistance in processing applications, recertifications, and changes of address with respect to the voter registration requirements:

(a) New county agency staff who have NVRA-related responsibilities shall receive training within the first month of their employment or before their first public contact, whichever occurs first.

(b) Current county agency employees shall receive training at least annually, with the first session occurring no later than September of each year.

(c) Records of staff training shall be maintained by the county agency and provided to the Ohio department of job and family services upon request.

(4) Maintain an adequate supply of the applications and forms identified in paragraphs (B)(2)(a) and (B)(2)(b) of this rule.

(5) Monitor voter registration activities.

(6) Resolve questions and problems that arise, in coordination with state or county election officials.

(7) Administer all aspects of the voter registration program for the county agency as prescribed by the secretary of state.

(8) The coordinator shall receive no additional compensation for performing such duties.

Last updated July 1, 2025 at 7:56 AM

History

Effective: July 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-20 Ohio works first, and refugee cash assistance: verification and reporting requirements.

(A) What is verification?

(1) "Verification" is a document or statement from a third party or collateral contact that confirms statements made by the assistance group regarding need and/or a specific eligibility factor.

(2) Verification establishes that the factors of eligibility are met and the assistance group is eligible to receive benefits under the program. Verification is not an eligibility requirement in its own right, but a method for assuring that an eligibility requirement is met.

(3) A telephone contact may be made by the county agency to secure verification. Written consent from the assistance group is necessary unless an exception described in rule 5101:1-1-03 of the Administrative Code is met. The following information is to be included:

(a) The name and telephone number of the person who gave the information;

(b) The name of the agency or business contacted, when appropriate;

(d) An accurate summary of the information.

(B) What is to be verified?

(1) All eligibility factors necessary to establish initial and continuing eligibility and items subject to change is to be verified at the time of application, reapplication and when a change in circumstances occurs in the assistance group. A change in circumstances includes the discovery of a discrepancy in income and a change in income amounts.

(2) All income of a member of the assistance group and any person whose income affects the assistance group are to be verified.

(1) It is the assistance group's responsibility to provide the information necessary to establish eligibility.

(2) When the assistance group is aware of the requirements of verification but refuses to provide both consent and necessary verification, the county agency shall deny or terminate assistance as eligibility cannot be established.

(3) Assistance will not be terminated when the assistance group refuses to cooperate in validating past eligibility because past eligibility has no bearing upon present need and eligibility.

(4) The assistance group will not be compelled to cooperate in giving testimony or records that may prove guilt of a crime because of protections of the Fifth Amendment to the Constitution of the United States.

(D) When is verification not necessary?

(1) When the assistance group's own statement on the application establishes that the assistance group is ineligible for cash assistance, verification is not necessary. The county agency is to confirm the statement on the application to assure it was an accurate statement and not a mistake in completing the form.

(2) Verification of earned or unearned income is not necessary when the assistance group either alleges no income or employment in the current period and there is no reason to question the statement, or the assistance group reports earnings sufficiently high to make them clearly ineligible for benefits.

(3) Verification is not necessary when some other factor of eligibility, such as age or citizenship, is clearly not met.

(E) What are the county agency's responsibilities?

The county agency is to:

(1) Explain what verifications and information are necessary to establish eligibility for cash assistance programs. Explain where and how to obtain necessary verifications.

(2) Assist in securing all necessary verifications to establish eligibility when the assistance group requests such assistance because of an inability to provide them without the agency's help.

(3) Obtain the verifications when the assistance group is not financially able or is not competent to secure them. This is not to be interpreted as noncooperation, nor is it to be used to deny assistance.

(4) The JFS 07341 "Applicant/Recipient Authorization for Release of Information" is to be obtained each time verification of an eligibility factor is necessary.

(a) Written consent for verification of information from public records is not necessary.

(b) Verification need be obtained only once when the eligibility factor is not subject to change.

(F) How is verification handled between reapplications?

(1) The county agency is to pursue clarification and verification of the assistance group's circumstances by issuing the JFS 07105 "Verification Request Checklist" or the Ohio benefits integrated eligibility system generated equivalent, that clearly advises the assistance group of the verification it is to provide or the actions it is to take to clarify its circumstances.

(a) The JFS 07105 or the Ohio benefits integrated eligibility system generated equivalent are to afford the assistance group at least ten days to respond and to clarify its circumstances, either by telephone or by correspondence, as the county agency directs. It is to further state the consequences when the assistance group fails to respond to the county agency.

(b) When the assistance group does not respond to the county agency, or does respond but refuses to provide sufficient information to clarify its circumstances, the county agency is to terminate the cash assistance case.

(c) When the assistance group responds to the county agency and provides sufficient information, the county agency is to act on the new circumstances and adjust the budget accordingly.

(G) What happens when verification is not available or there is a discrepancy?

(1) When verification is not available through no fault of the assistance group, the determination is based on the best possible evidence.

(2) Where information from another source contradicts statements made by the assistance group, the assistance group is to be afforded a reasonable opportunity to resolve the discrepancy prior to an eligibility determination.

(3) In situations that there is no available verification, the county agency is not to deny or terminate the case but is to accept a signed affidavit, a third-party statement, notarized statement, or the statement on the application as verification when the information is consistent with other facts and statements.

(4) When the statement provided is incomplete and/or inconsistent and the assistance group is unable to clarify the statement, the county agency is to deny or terminate the case as eligibility cannot be established.

(5) The county agency is to exhaust all possibilities for verification before accepting these statements. The use of a statement is to be on a case-by-case basis. This approach is not to be used for the sole purpose of meeting the promptness requirement of rule 5101:1-2-01 of the Administrative Code.

(6) Homeless and migrant assistance groups may have difficulty accessing necessary verifications that may exist. In order to ensure that these assistance groups do not experience a lengthy delay in receiving Ohio works first (OWF) or refugee cash assistance (RCA) benefits, the following procedures are to be followed:

(a) Once the homeless or migrant assistance group has submitted verification of identity, the county agency is to approve the application for assistance when the assistance group appears to meet eligibility criteria based on statements on the application or a signed affidavit, and the best evidence available.

(b) The county agency is to attempt to obtain verification of all other eligibility factors by the next reapplication. When the verifications cannot be obtained by the next reapplication, the county agency is to continue the attempt and document in the case record.

(7) The methods used for verification are to be thoroughly documented in the case record. All documents submitted to the county agency are to be photocopied and retained in the case record.

(H) What are the assistance group's change reporting requirements and the time frames?

(1) The following changes are to be reported within ten calendar days of the date that the change occurs for OWF, or RCA assistance groups:

(a) Change in the source of earned and unearned income. This includes new employment, loss of employment, changing of jobs and initial receipt of unearned income;

(b) Change in the amount of gross monthly income of more than fifty dollars;

(d) Change in the assistance group composition;

(e) An assistance group member becomes pregnant, or a pregnancy ends when there are no other children;

(f) Change in residence;

(g) Withdrawal from school for individuals subject to the learning, earning and parenting program requirements;

(h) Change in address, job or other information related to an absent parent;

(i) Change in living arrangement for a minor parent;

(j) An assistance group member violates a condition of his probation or parole or becomes a fugitive felon.

(2) The county agency is to use the time frame provisions described in rule 5101:1-2-01 of the Administrative Code when calculating the ten day reporting time period.

Last updated December 1, 2025 at 9:41 AM

History

Effective: December 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-30 Citizenship and alien status: Ohio works firstand disability financial assistance.

(A) What eligibility standards are used to determine citizenship and alien status of individuals applying for or receiving Ohio works first (OWF)? .

To receive program benefits an individual is to be one of the following:

(1) A United States (U.S.) citizen or non-citizen national:

The "United States" is defined as the fifty states, the District of Columbia, Puerto Rico, Guam, Northern Mariana islands, and the American Virgin islands. In addition, non-citizen nationals from American Samoa or Swain's island are considered U.S. citizens for purposes of the OWF program.

(2) Qualified alien:

(a) An alien who at the time of application or at the time of receipt of OWF is:

(i) An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (1952);

(ii) An alien granted asylum under the INA;

(iii) A refugee who is admitted to the U.S. under section 207 of the INA, 8 U.S.C. 1157 (5/2005);

(iv) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C. 1101 (1/2014);

(v) An alien paroled into the U.S. under section 212 of the INA for a period of at least one year;

(vi) An alien whose deportation is being withheld under section 243 of the INA;

(vii) An alien granted conditional entry pursuant to section 203 of the INA as in effect prior to April 1, 1980;

(viii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982);

(ix) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988);

(x) An alien or an alien's child battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse's or parent's family. This shall not apply to an alien during any period when the individual responsible for the abuse is residing in the same residence. Verification and documentation procedures for this status are defined in exhibit B of attachment 5 of the U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344); and

(xi) A victim of a severe form of trafficking in persons certified under the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000).

(a) A family member of a victim of a severe form of trafficking in persons who holds a visa, for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. 108-193, 117 Stat. 2875 (2003).

(b) An alien child pursuant to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105.

(b) Residents of the U.S. prior to August 22, 1996:

A qualified alien who entered the U.S. prior to August 22, 1996 and continuously resided in the U.S. until attaining qualified alien status shall continue to meet the citizenship requirements for OWF.

A qualified alien who enters the U.S. on or after August 22, 1996 does not meet the citizenship requirement for OWF with the following exceptions:

(i) Refugee's as described in paragraph (A)(2)(a)(iii) of this rule, eligibility is limited to five years from the date of entry into the U.S.;

(ii) Victims of severe forms of trafficking who are potentially eligible for benefits and services to the same extent as an alien admitted to the U.S. as a refugee in accordance with rules 5101:1-2-30.1 and 5101:1-2-30.3 of the Administrative Code;

(iii) Indefinite detainees or lifers after being convicted of a crime that triggers a final order of removal, may have a status making them potentially eligible in accordance with rule 5101:1-2-30.2 of the Administrative Code;

(iv) An alien granted asylum under the INA. Eligibility is limited to five years from the date asylum was granted;

(v) An Afghan or Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of the INA, 8 U.S.C. 1101 (1/2014). Eligibility is limited to five years from the date of entry into the U.S.;

(vi) An alien whose deportation is being withheld under section 243 of the INA. Eligibility is limited to five years from the date of entry into the U.S.;

(vii) An alien who is a Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982). Eligibility is limited to five years from the date the status as a Cuban or Haitian entrant is granted;

(viii) An Amerasian admitted pursuant to section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988). Eligibility is limited to five years from the date the individual was admitted into the U.S. as an Amerasian immigrant;

(ix) Aliens lawfully admitted into the U.S. for permanent residence under the INA and have worked forty qualifying quarters of coverage under Title II of the Social Security Act or can be credited with quarters that are creditable for any period beginning after December 31,1996 and did not receive any federal means-tested public benefit during any quarter.

Qualifying quarter shall be credited as follows:

(a) All quarters of coverage worked by a natural or adoptive parent when the quarters were worked before the date the alien attains age eighteen; and

(b) All quarters worked by a spouse of such alien during their marriage when the alien remains married to such spouse or such spouse is deceased.

(c) A qualifying quarter does not include any quarter after December 31, 1996 when the individual worked and also received a federal means-tested public benefit.

(x) Veterans and active duty service personnel lawfully residing in Ohio and are:

(a) A veteran with an honorable discharge and not on account of alienage; or

(b) On active duty (other than active duty for training) in the U.S. armed forces as defined in 38 U.S.C. 5303A(d) (1998).

(c) The surviving spouse of a deceased veteran or individual on active duty, provided the spouse has not remarried and the marriage fulfills the requirements of 38 U.S.C. 1304 (1991) or the unmarried dependent child(ren) of an individual as defined in paragraph (A)(2)(x) of this rule.

(d) Filipino war veterans who fought in World War II as described in 38 U.S.C. 107 (2010).

(B) What happens if an eligibile alien category changes? .

Each category of eligible alien status stands alone for purposes of determining eligibility. Subsequent changes to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, when eligibility expires under one eligibility status, the county agency is to determine when eligibility exists under another status.

The county agency is to provide alien applicants with a reasonable opportunity to submit acceptable documentation of their eligible alien status. A reasonable opportunity is to be at least ten days from the date of the county agency's request for an acceptable document.

(D) How is the validity of documents verified?

(1) The county agency shall verify the validity of the documentation of eligible alien status of applicant aliens. When an alien does not wish the county agency to contact the department of homeland security to verify his or her immigration status, the county agency shall give the assistance group the option of withdrawing its application or participating without that assistance group member. The U.S. department of justice interim guidance dated November 17, 1997 (62 FR 61344) contains information on acceptable documents and INS codes.

(2) The county agency shall verify the validity of the documents presented by applicant aliens through the systematic alien verification for entitlements (SAVE) program as described in rule 5101:1-1-50 of the Administrative Code.

Last updated June 1, 2021 at 9:00 AM

History

Effective: June 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-30.1 Benefit eligibility: victims of trafficking.

According to 22 U.S.C. 7105 (12/2018) a victim of a severe form of trafficking is eligible for benefits and services to the same extent as an alien who is admitted to the United States as a refugee under 8 U.S.C. 1612 (9/2008).

(A) What is the definition of a "severe form of trafficking in persons?"

As described in 22 U.S.C. 7102 (10/2018), the term "severe form of trafficking in persons" means:

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(B) Who determines if an individual is a victim of a severe form of trafficking?

The office of refugee resettlement (ORR) within the department of health and human services will make certification determinations for victims of a severe form of trafficking.

(1) For adults, ORR will issue notarized letters of certification for an adult victim of a severe form of trafficking.

(2) For children, ORR will issue notarized letters, similar to adult certification letters, stating that the child is a victim of a severe form of trafficking.

(1) The county agency is to:

(a) Accept the letters described in paragraph (B) of this rule in place of the citizenship and immigration service documentation and retain a copy in the case file.

(b) Call ORR for assistance if an individual presents an expired letter when applying for benefits or when a redetermination is being completed and the county agency finds that a certification letter has expired.

(c) Call the trafficking verification telephone line to confirm the validity of the certification letter before providing benefits. During the verification telephone call, notify ORR of the benefits for which the victim of trafficking has applied.

(d) Note the individual's entry date for refugee benefit purposes once the letter described in paragraph (B) of this rule is received and the validity of the document is verified by calling the trafficking verification telephone line. The entry date is the date of certification.

(e) Determine eligibility or redetermine eligibility in accordance with the appropriate program rules.

(f) Issue benefits and services to the same extent as a refugee, when the applicant meets other program eligibility criteria (e.g., income levels).

(2) The county agency is not to:

(a) Ask a victim of a severe form of trafficking to provide any other immigration documents to receive benefits.

(b) Contact the systematic alien verification for entitlements (SAVE) to confirm eligibility for benefits. The SAVE system does not contain information about a victim of a severe form of trafficking.

(c) Automatically deny benefits when the individual is unable to provide verification of identity. The county agency is to call the trafficking verification telephone line for assistance.

(d) Delay, deny, or discontinue assistance to any eligible applicant because he or she does not have a social security number. When an individual is to provide or apply for a social security number for another benefit program, such as medicaid, Ohio works first, or supplemental nutrition assistance program; or the victim of a severe form of trafficking does not yet have or is unable to obtain a social security number for work purposes, the individual is to:

(i) Complete the SS-5, "Social Security Administration Application for a Social Security Card" form;

(ii) Provide all department of homeland security documents;

(iii) Provide a passport; and

(iv) Provide a state identification card or driver's license.

(D) What if an individual does not have certification from ORR?

The county agency is to contact ORR when it encounters:

(1) An individual or a child that is believed to meet the definition of a victim of a severe form of trafficking, but the individual has no certification; or

(2) A child believed to have been subjected to a severe form of trafficking who lacks an eligibility letter.

Last updated January 2, 2025 at 8:33 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-30.2 Benefit eligibility: indefinite detainees or lifers.

(A) Are indefinite detainees or lifers eligible for benefits?

Some indefinite detainees or lifers released from detention may have a status as refugees or may receive a status that makes them potentially eligible for refugee cash assistance (RCA) or Ohio works first (OWF).

(B) Who are indefinite detainees or lifers?

Indefinite detainees or lifers are non-citizens who, after having served time for a criminal conviction and are given a final order of removal by the department of homeland security (DHS) United States citizenship and immigration services (USCIS), remain indefinitely in the United States (U.S.) because their home country and no other country will accept them. An alien's detention is limited to a period reasonably necessary to bring about the alien's removal from the U.S. and does not permit indefinite detention.

(1) An "Order of Supervision" (USCIS I-220B) in accordance with 8 C.F.R. 241.5 (8/2011). The order of supervision should include the individual's alien registration number and notation concerning exclusion, deportation or removal. The order shall specify the conditions of supervision including but not limited to a requirement that the alien:

(a) Report to a specified officer periodically and provide relevant information under oath as directed;

(b) Continue efforts to obtain a travel document and assist in obtaining a travel document;

(d) Obtain advance approval of travel beyond previously specified times and distances; and

(e) Provide DHS with a written notice of any change of address.

(2) Posting of bond. An officer authorized to issue an order of suspension may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal.

(3) Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion, grant employment authorization to an alien released under an order of supervision if the officer finds that:

(a) The alien cannot be removed in a timely manner; or

(b) The removal of the alien is impracticable or contrary to public interest.

(D) What are the responsibilities of the county agency?

The county agency shall:

(1) Collect as much of the following information from the applicant as possible;

(a) Name;

(b) Alien registration number ("A number");

(d) Social security number;

(e) Home country;

(f) Number on the I-94 "Arrival-Departure Record";

(g) Parent's name;

(h) Driver's license number; and

(i) Copies of any immigration documents.

(2) Call the office of refugee resettlement (ORR) to inform them about the need for an eligibility determination for an indefinite detainee.

(3) Send the collected information from the applicant and contact information for the eligibility determiner handling the case at the county agency to the ORR. The ORR will work with the USCIS to determine the applicant's original status, entry date and eligibility.

(4) After information has been received by the county agency, the ORR may contact the county agency for additional information. The ORR will notify the county agency of the applicant's status, entry date and eligibility.

(5) Based upon the information received from ORR, the county agency shall determine eligibility of the indefinite detainee or lifer for RCA benefits in accordance with rule 5101:1-2-40.1 of the Administrative Code or for OWF benefits in accordance with division 5101:1 of the Administrative Code.

Last updated September 1, 2022 at 8:28 AM

History

Effective: September 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-30.3 Benefit eligibility: family members of victims of trafficking.

According to 22 U.S.C. 7105 (12/2018) certain family members of a victim of a severe form of trafficking are eligible for benefits and services to the same extent as refugees.

(A) Who is considered a family member of a victim of trafficking?

A holder of a T-2, T-3, T-4, T-5 or T-6 visa (hereafter, "derivative T visa") is considered a family member of a victim of a severe form of trafficking.

(B) What are the county agency responsibilities in determining eligibility for family members of a victim of a severe form of trafficking?

The county agency is to:

(1) Accept the derivative T visa of a non-immigrant (i.e., an alien who is allowed to enter the United States (U.S.) for a specific purpose and for a limited period of time).

(a) For an individual who is already present in the U.S. on the date the derivative T visa is issued, the date of entry for benefits and services is the notice date on the I-797 form, "Notice of Action" on the individual's derivative T visa.

(b) For an individual who enters the U.S. on the basis of a derivative T visa, the date of entry for benefits and services is the date of entry stamped on that individual's passport or I-94 arrival record.

(2) Call the trafficking victim verification line to notify the office of refugee resettlement of the benefits that the individual has applied for.

The health and human services systematic alien verification for entitlements (SAVE) system does not contain information about non-immigrant alien family members. The county agency is not to contact the SAVE system to confirm eligibility for benefits.

(3) Determine eligibility or redetermine eligibility in accordance with the appropriate program rules.

(4) When the applicant meets other program eligibility criteria (e.g. income levels), the county agency is to issue benefits and services to the same extent as a refugee.

Last updated January 2, 2025 at 8:33 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-35 Sponsor-to-alien deeming requirements: Ohio works firstand disability financial assistance.

(A) What is the sponsor-to-alien deeming requirement?

In the determination of eligibility for cash assistance benefits, the county agency is required to deem a sponsor's income and resources to the alien. The United States citizenship and immigration services (USCIS) form I-864, "Affidavit of Support" has been developed for the determination of the sponsor-deeming directive and is available at https://www.uscis.gov/i-864.

(B) Who is considered a sponsor?

(1) A sponsor is anyone who executes the I-864 "Affidavit of Support" on behalf of an alien as a condition of the alien's entry into the United States (U.S.).

(2) Pursuant to section 213A of the Immigration and Nationality Act (INA) (1954), the I-864 is completed when the income and or resources of the sponsor and any other household member are used to qualify an alien for sponsorship.

An assistance group that consists of:

(1) An alien who is a minor child when the sponsor of the alien or any spouse of the sponsor is a parent of the alien;

(2) An alien admitted to the U.S. as a refugee;

(3) An alien paroled into the U.S. for a period of at least one year;

(4) An alien granted political asylum by the attorney general of the U.S.;

(5) A lawful permanent resident who applied for an immigrant visa at a consular's office or adjustment of status to lawful permanent resident before December 19, 1997;

(6) A qualified alien who is sponsored by an organization or who is not a lawful permanent resident and who is not required to have a sponsor;

(7) A victim of a severe form of trafficking, as defined in rule 5101:1-2-30 of the Administrative Code;

(8) Certain family members of a victim of a severe form of trafficking as described in rule 5101:1-2-30.3 of the Administrative Code;

(9) A lawful permanent resident entering employment or other non-family categories, such as the diversity category (i.e., lottery immigrants) where a person did not have to sign the I-864 affidavit. Persons from countries with low rates of immigration are allowed into the U.S. through a lottery system;

(10) An alien or alien's child who has been determined to be a victim of domestic violence or extreme cruelty is exempt for a period of twelve months:

(a) A county agency may use any credible evidence of abuse that is available to make a determination. This would include, but is not limited to reports or affidavits from police, judges, other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel, protection orders, affidavits from family members or others who have a personal knowledge of the battery or extreme cruelty, photographs of injuries, and the applicant's own credible affidavit.

(b) The deeming exemption may not apply to the alien's benefits during any period that the individual responsible for such battery or cruelty resides in the same household or family eligible unit as the individual who was subjected to such battery or cruelty.

(c) The exemption can be extended beyond twelve months when the abuse or cruelty is recognized by a court order, an administrative law judge or the USCIS, and the victim does not live with the batterer. However, the county agency shall notify the Ohio department of job and family services, office of families and children, of each such determination so information may be forwarded to the USCIS. The name of the sponsor(s) and the sponsored lawful permanent resident(s) involved should be provided;

(11) An alien child of a battered parent, as described in rule 5101:1-2-30 of the Administrative Code;

(12) An indigent alien who has been determined by the county agency to be unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. In this instance, only the amount of income and resources actually provided by the sponsor or sponsor's spouse should be considered. The exemption is granted for a twelve-month period beginning on the date the determination is made;

(13) An alien whose sponsor signed an affidavit(s) of support other than the I-864 affidavit of support; and

(14) Cuban and Haitian entrants.

(D) How is the sponsor-to-alien deeming requirement applied?

(1) The sponsor and sponsor's spouse do not have to reside in the household of the sponsored alien or any member of the alien's assistance group for the deeming provision to apply.

(2) An alien whose sponsor signed an I-864 affidavit on or after December 12, 1997 and applies for Ohio works first (OWF), is subject to the deeming requirement upon the expiration of the five-year ban on receipt of OWF benefits as described in rule 5101:1-2-30 of the Administrative Code.

(3) The income of the sponsor and the sponsor's spouse shall be deemed in accordance with the income allocation methodology as described in rule 5101:1-23-20 of the Administrative Code.

(4) Deemed income shall be considered unearned income, and unearned income and resources shall be equally divided and budgeted among the sponsored aliens. This deeming applies until the alien meets one of the requirements outlined in paragraph (C) of this rule.

(5) When an alien has two sponsors, both of whom executed an I-864 and an I-864A, "Contract Between Sponsor and Household Member" affidavit, the income and resources of both the primary and joint sponsor(s), as well as their respective spouses shall be deemed to the sponsored lawful permanent resident.

(6) An alien sponsored pursuant to an I-864 and an I-864A affidavit shall be required to provide such information and documentation with respect to the alien's sponsor as may be necessary in order to make a determination of eligibility required by this rule, and to obtain any cooperation from the sponsor necessary for any such determination. This includes such information and documentation that the alien or the alien's sponsor provided in support of the alien's immigration application.

(7) When an accepted I-864 and an I-864A affidavit provides that an alien is not excludable as a public charge, the sponsor agrees to financially support the alien so that the alien will not become a public charge. Upon notification that a sponsored alien has received a benefit, the county agency shall request reimbursement by the sponsor for the alien's assistance. A public charge means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence.

(E) How long do the deeming requirements apply?

Deeming applies until the alien:

(1) Becomes a U.S. citizen;

(2) Has earned or can be credited with forty qualifying quarters of work as defined in rule 5101:1-2-30 of the Administrative Code; or

(3) Departs the U.S. permanently or dies.

Last updated September 1, 2022 at 8:28 AM

History

Effective: September 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-40.1 Refugee cash assistance.

Refugee cash assistance (RCA) provides time-limited cash assistance to refugees who meet the other eligibility requirements of this rule.

(A) The following definitions are applicable to this rule:

(1) "Assistance group" means the following individuals who live in the same household:

(a) Individual adults;

(b) Married individuals without children; or

(2) "Employable" means any refugee who has not documented that the refugee is:

(a) Under the age of sixteen;

(b) Over the age of sixty-four;

(c) Under the age of nineteen and a full-time student in a secondary school or in the equivalent level of vocational or technical training;

(d) The sole caregiver for a child under one year of age or other fully dependent person; or

(e) Unable to work due to physical or mental health reasons.

(3) "Entry date" is the date the individual entered the U.S. in an eligible status, or the date an eligible status was granted in the U.S.

(a) The entry date for an asylee is the date asylum status was granted in the U.S.

(b) The entry date for individuals from Cuba or Haiti is the date documentation of status was issued by the United States citizenship and immigration services (USCIS).

(c) The entry date for an adult victim of a severe form of trafficking is the certification date from the department of health and human services, office of refugee resettlement (ORR).

(d) The entry date for a minor victim of a severe form of trafficking is the eligibility date from the letter issued by the ORR.

(e) The entry date for a child with an interim assistance letter is the eligibility date from the letter issued by the ORR.

(f) The entry date for Iraqi and Afghan individuals holding special immigrant visa status is the date the individual entered the U.S. or the date special immigrant status was granted in the U.S.

(4) "Mandatory participant" is any employable refugee receiving RCA who is required to participate in a refugee support services (RSS) program.

(5) "Matching grant program" is an alternative to public assistance. The program is provided by a resettlement agency and is designed to enable refugees to become self-sufficient within four to six months from their entry date. The ORR enters into agreements with resettlement agencies to provide case management, employment services, maintenance assistance and cash allowances to refugees who volunteer to participate in the program. As a condition of participation in the matching grant program, a refugee agrees not to access public cash assistance. The matching grant program begins the thirty first day after the entry date and typically ends eight months later.

(6) "Reception and placement grants" are one-time cash grants from the U.S. department of state or department of justice to the resettlement agency on behalf of the refugee. This money is used to provide for the refugee family's immediate needs upon arrival to the U.S. and is not considered as income.

(7) "Refugee" means an individual with original documentation issued by the USCIS or the ORR, of one of the following statuses under the Immigration and Nationality Act of 1952 (INA):

(a) Paroled as a refugee or asylee under section 212 (d)(5) of the INA, 8 U.S.C. 1182 (3/2013);

(b) Admitted as a refugee under section 207 of the INA, 8 U.S.C. 1157 (05/2005);

(d) An alien who is a Cuban or Haitian entrant as defined in 45 C.F.R., part 401 (03/2000);

(e) An Amerasian admitted pursuant to section 584 of Public Law (Pub. L. No.) 100-202 (12/1987), as amended by Pub. L. No. 100-461 (10/1988);

(f) A victim of a severe form of human trafficking, as defined in the Victims of Trafficking and Violence Protection Act of 2000, 114 Stat. 1464, 22 U.S.C. 7102, who has a letter documenting eligibility as such from the ORR;

(g) A family member of a victim of a severe form of human trafficking, as defined by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193;

(h) An alien child issued an interim assistance letter from the ORR pursuant to the William Wilberforce Victims Protection Reauthorization Act of 2008, 22 U.S.C. 7105;

(i) An Afghan or Iraqi alien admitted in accordance with Pub. L. No 110-161 of the Consolidated Appropriations Act of 2008 and Pub. L. No 110-181 of the National Defense Authorization Act for Fiscal Year 2008, who was granted a special immigrant visa under section 101(a)(27) of the INA; or

(j) A lawful permanent resident, provided the individual previously held one of the statuses identified in paragraphs (B)(10)(a) to (B)(10)(i) of this rule. The beginning date for eligibility for benefits is based on the entry date in the previous status.

(k) Citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act between July 31, 2021 and September 30, 2023.

(l) A spouse or child of any Afghan humanitarian parolee described in paragraph (A)(7)(k) of this rule, who is paroled into the United States after September 30, 2023.

(m) A parent or legal guardian of an Afghan humanitarian parolee who is determined to be an unaccompanied child as defined by 6 U.S.C. 279 (g)(2) (12/2008), who is paroled into the United States after September 30, 2023.

(n) Citizens and nationals of Afghanistan for whom refugee and entrant assistance activities are authorized (e.g. special immigrant visa holders, special immigrants with conditional permanent residency, SQ/SI parolees, refugees, asylees).

(o) Citizens or nationals of Ukraine and non-Ukrainian individuals who last habitually resided in Ukraine paroled into the United States between February 24, 2022 and September 30, 2024.

(p) Spouses or children of any Ukrainian parolee described in paragraph (A)(7)(o) of this rule, who are paroled into the United States after September 30, 2023.

(8) "Refugee Support Services" (RSS) is a program designed to assist refugee in becoming self-sufficient. RSS providers have entered into grant agreements with the Ohio department of job and family services.

(9) "Resettlement agency" is a local affiliate or subcontractor of a national voluntary agency that has entered into a grant, contract, or cooperative agreement with the United States department of state or other appropriate federal agency to provide for the reception and initial placement of refugees in the U.S.

(10) "Sponsor" means an individual, church, civic organization, state or local government, or other group or organization which has agreed to help in the reception and initial placement of refugees in the U.S. and other public and private non-profit agencies.

(B) Who is eligible for RCA?

A refugee as described in paragraph (A)(7) of this rule:

(1) Who is not eligible for "Ohio Works First" (OWF) or "Supplemental Security Income" (SSI);

(2) Whose entry date is within four months of the application date; and

(3) Who is not participating in a matching grant program through a resettlement agency;

(4) Who is not a full-time student in an institution of higher education;

(5) Who meets the application and income requirements of this rule; and

(6) Who has not quit a job or refused a valid offer of employment within the immediate thirty calendar days preceding the refugee's application for cash assistance.

(1) A refugee can receive RCA for four months from their date of entry. The eligibility period for RCA begins with the refugee's entry date and ends the last day of the fourth month after the entry date.

(2) The eligibility period for a refugee child with an interim assistance letter from the department of health and human services, office of refugee resettlement (ORR) ends ninety days after the refugee child's entry date.

(D) What are the eligibility criteria for RCA?

(1) The application process and procedures are described in rule 5101:1-2-01 of the Administrative Code.

(2) Income eligibility, budgeting requirements and payment levels described in rule 5101:1-23-20 of the Administrative Code must be applied in the determination of initial eligibility, continued eligibility, and the amount of cash assistance for RCA.

(a) The following are not included in the eligibility determination:

(i) Resources remaining in the individual's country of origin;

(ii) Any assistance a refugee receives from a resettlement agency as part of the reception and placement grant; or

(iii) Resources and income of a sponsor.

(b) When a required member of the RCA assistance group is ineligible for RCA because the member fails to meet the immigration status requirements as specified in paragraph (A)(7) of this rule, because they exceed the time limitation as specified in paragraph (B)(2) of this rule, or because the individual failed to meet the conditions set forth in paragraph (I) of this rule, the income of the ineligible member is included in the determination of eligibility and payment level for the remaining member(s) of the RCA assistance group, as described in rule 5101:1-23-20 of the Administrative Code.

(3) The county agency shall prorate a payment when an assistance group has eligibility for less than a month's benefit as described in rule 5101:1-23-40 of the Administrative Code.

(4) When a refugee applies for RCA and the only assistance payment would be for the refugee's last month of eligibility, the assistance payment must be made for that month, even if the payment is not issued until after the end of the last month of time-limited eligibility.

(5) All refugees who allege blindness or a disability, or who are at least sixty-five years of age, shall be immediately referred to the social security administration to apply for SSI.

(a) When a refugee has applied for SSI, the refugee may receive RCA until SSI benefits are approved for as long as the conditions of eligibility for RCA are met.

(b) When an SSI payment is made in the same month an RCA benefit is issued, the county agency must initiate overpayment activity in accordance with rule 5101:1-23-70 of the Administrative Code.

(E) What are the county agency's administrative responsibilities?

(1) Verification and reporting procedures are described in rule 5101:1-2-20 of the Administrative Code.

(2) Verification of the authenticity of documents provided by the individual through the automated systematic alien verification for entitlements (SAVE) system, as described in rule 5101:1-1-50 of the Administrative Code, applies to applicants for RCA.

(3) When a refugee receiving reception and placement services from a resettlement agency applies for cash assistance, the county must:

(a) Promptly notify the local resettlement agency that the refugee applied for cash assistance;

(b) Confirm with the resettlement agency that the refugee has not voluntarily quit or refused a valid offer of employment in the thirty days prior to applying for cash assistance; and

(c) Notify the resettlement agency of any action which involves: the termination of benefits, the removal of one or more people from an assistance group, or a change in the delivery of benefits.

(4) Rule 5101:1-1-03 of the Administrative Code applies to the confidentiality, safeguarding and sharing of information related to applicants, recipients or former recipients of RCA.

(5) Rules 5101:1-23-70 and 5101:1-23-60 of the Administrative Code regarding recovery of overpayment and corrections of underpayments apply to former and current recipients of RCA.

(6) An RCA applicant or recipient has all the hearing and notice requirement rights set forth in division 5101:6 of the Administrative Code.

(7) The criteria for destruction of RCA assistance group records is subject to the procedures described in rule 5101:9-9-21 of the Administrative Code.

(F) What are the work activity requirements for recipients of RCA?

(1) Employable RCA recipients must participate in an RSS program, if services are provided in their county.

(2) There is no minimum number of hours of participation in employment or employability services to receive RCA.

(3) OWF work activity requirements do not apply to recipients of RCA.

(G) What are the responsibilities of a county agency when there is an RSS provider that provides services to the county?

County agencies shall:

(1) Refer all employable RCA recipients to receive employment services through a provider of RSS services or within thirty days of receipt of assistance.

(2) Inform a refugee receiving RCA in writing that failure without good cause to participate in employment services and employability services may affect the assistance payment.

(3) Monitor changes in exemption status and refer refugees who are not exempt from participation to RSS providers.

(4) Refer refugees who are not required to participate, to an RSS provider, if the individual volunteers to participate in the program. The cash benefit cannot be impacted by failure or refusal to participate.

(H) What are the responsibilities of county agencies without a provider of RSS services?

(1) Agencies may refer RCA recipients to employment services and English language training in their area.

(2) RCA benefits cannot be impacted by a refugee's failure to voluntarily participate in services.

(I) What are the refugee's responsibilities?

(1) The refugee must provide documentation of refugee status, as described in paragraph (A)(7) of this rule.

(2) The refugee must provide the name of the resettlement agency that helped with resettlement in the United States. Not all individuals described in paragraph (A)(7) of this rule have worked with a resettlement agency . Those who have not worked with a resettlement agency are exempt from this requirement.

(3) As a condition of receipt of RCA, all employable assistance group members are required to:

(a) Participate in an RSS program, within thirty days of receipt of assistance if a provider is available in the county in which they reside ;

(b) Comply with the provisions of the individual employability plan as written by an RSS provider;

(c) Go to job interviews arranged by the county agency, provider or resettlement agency which was responsible for the initial resettlement of the refugee; and

(d) Accept at any time, from any source, an offer of employment that has been determined appropriate by the RSS provider.

(4) No individual may be required to accept employment if:

(a) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or

(b) The individual would be required to work for an employer contrary to the conditions of existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which the refugee is a member may be deemed appropriate.

(5) A refugee is not required to accept an offer of employment if such a job would interrupt a program of services planned or in progress if:

(a) The refugee is currently participating in on-the-job training provided at the employment site and is expected to result in full-time, permanent, unsubsidized employment with the employer who is providing the training; or

(b) The refugee is participating in vocational training that;

(i) Does not exceed one year;

(ii) Is appropriate to the local labor market needs and is of sufficient quality to meet the requirements of local employers; and

(iii) Is provided to the fullest extent possible, outside of normal working hours, to avoid interference with employment; or

(c) The refugee is participating in skills recertification services to help the refugee qualify to practice their profession in the United States. The training may consist of full-time attendance in a college, or a professional training program considering;

(i) The refugee is employed;

(ii) The training is part of the refugee's individual employability plan;

(iii) The training does not exceed one year in duration, including any time enrolled in such a program in the United States prior to the refugee's application for assistance;

(iv) The training is specifically intended to assist refugees in becoming certified in their professions; and

(v) If the training is completed, it is expected to result in such certification.

(6) The inability to communicate in English does not exempt a refugee from participation in employment services or acceptance of appropriate offers of employment.

(7) The refugee has ten calendar days to report a change in employment status or any other factor that may affect eligibility to the county agency or the provider.

(J) What if the refugee fails or refuses to cooperate with the individual employability plan, voluntarily quits a job or refuses a job offer?

(1) The county agency must determine whether good cause exists as described in rule 5101:1-3-13 of the Administrative Code.

(2) When an employable refugee quits a job or fails or refuses, without good cause, to comply with paragraph (I)(3) of this rule, sanctions are applied.

(a) The sanction period is three payment months for the first failure and RCA is terminated for any subsequent failure.

(b) If the sanctioned individual is the only member of the RCA assistance group, the assistance must be terminated for the sanction period.

(c) If there are other assistance group members, the county agency must not take into account the sanctioned individual's needs in determining the remaining assistance group's need for assistance.

Last updated December 1, 2025 at 9:42 AM

History

Effective: December 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-50 Ohio works now.

The Ohio works now (OWN) program provides additional food assistance benefits to supplemental nutrition assistance program (SNAP) assistance groups with minor children and employed parents to help offset the cost of being employed. The OWN food assistance benefit is part of the temporary assistance for needy families program (TANF) and therefore is subject to the requirements of Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601.

(A) Who will receive the OWN food assistance benefit?

(1) Participation in the OWN program is determined automatically on a monthly basis based on data in the Ohio benefits integrated eligibility system.

(2) For members of a SNAP assistance group to receive the OWN benefit, data in the Ohio benefits integrated eligibility system must indicate the assistance group:

(a) Includes a minor child as defined in rule 5101:1-1-01 of the Administrative Code and the biological or adoptive parents of the minor child residing in the same household; or a pregnant woman with no other children; and

(b) At least one parent must be working thirty hours per week, with the exception of a single parent with a child under age six who is required to work twenty hours per week. Two-parent households are required to work a combined fifty-five hours per week with one parent working at least thirty hours per week.

(c) Meets federal TANF requirements under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, including citizenship.

(B) Who will not receive the OWN food assistance benefit?

(1) Any SNAP assistance group that includes a member that is also receiving Ohio works first (OWF) benefits in the month, including OWF benefits received pending a state hearing pursuant to rule 5101:6-4-01 of the Administrative Code;

(2) A member of a SNAP assistance group that is receiving SNAP pending a state hearing on the issue of termination of benefits pursuant to rule 5101:6-4-01 of the Administrative Code; and

(3) Any SNAP assistance group that no longer meets the criteria described in paragraph (A)(2) of this rule.

(1) OWN food assistance benefits will be issued to eligible assistance groups on their existing SNAP electronic benefit transfer (EBT) card.

(2) OWN food assistance benefits shall be used pursuant to rule 5101:4-1-04 of the Administrative Code.

(D) Are OWN benefits subject to OWF and SNAP requirements?

(1) A family in receipt of OWN food assistance benefits is not subject to OWF requirements, including, but not limited to:

(a) Assigning child support or cooperating with child support enforcement as described in rule 5101:1-3-10 of the Administrative Code.

(b) Participating in work activities as described in rule 5101:1-3-12 of the Administrative Code.

(c) Counting any month of receipt toward the time-limited receipt of TANF assistance as described in rule 5101:1-23-01 of the Administrative Code.

(2) OWN food assistance benefits shall not be used in the calculation of participation hours for the SNAP employment and training program as described in rule 5101:4-3-31 of the Administrative Code.

(3) The OWN food assistance benefit shall not be considered in the SNAP income eligibility determination and allotment amount.

(E) How are the amount and duration of the OWN benefit determined?

(1) The amount of OWN food assistance benefits to be issued will be determined by the Ohio department of job and family services (ODJFS) and will be the same amount for each eligible SNAP assistance group. The monthly amount of OWN food assistance will be described in an ODJFS cash assistance action change transmittal letter that will be distributed to all county agencies.

(2) No more than one OWN food assistance benefit may be issued to a SNAP assistance group per month.

(3) In order to confine OWN expenditures to appropriated state funds, the director of ODJFS, or his designee, may issue an order at any time suspending the program or reducing the benefit amount. The order will be distributed to all county agencies on the same day and will remain in effect until rescinded.

(F) What is the county agency's responsibility in the case of erroneous payments or fraud?

(1) Each county agency shall take action to recover fraudulent assistance as defined by rule 5101:1-23-75 of the Administrative Code.

Cash, check, money order and credit or debit cards are acceptable forms of repayment; however, when a county agency does not have the capability to accept credit or debit cards it does not have to accept this form of repayment.

(2) OWN food assistance benefits shall not be used to repay a claim of erroneous payment or overpayment for any public assistance program.

Last updated October 2, 2023 at 8:22 AM

History

Effective: October 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-60 Repatriate program.

(A) What is the repatriate program?

The United States (U.S.) repatriate program provides temporary financial assistance, care and treatment for persons after they have returned to this country as a result of a reason described in paragraph (C)(3) of this rule.

(B) What is temporary financial assistance?

(1) Temporary financial assistance is provided in the form of a loan that is required to be repaid to the U.S. government. It may be furnished to individuals for a period of time in accordance with paragraph (F) of this rule.

(2) Temporary financial assistance:

(a) Includes cash assistance at the port of entry when it is determined that the repatriate has no such resources immediately available to him or her. Assistance provided to the individual includes:

(i) Transportation costs - a one-time expense to assist individuals in reaching their place of residence, the home of relatives, or the place where they will be resettled. The lowest cost and most direct means of transportation shall be used unless effective service to the individual calls for providing other accommodations. Transportation assistance will cover expenses incidental to travel such as meals and lodging en route and assistance with luggage, checking, storage, or transportation of personal effects.

(ii) Meals and food items - this includes the cost of a special diet as recommended by a physician;

(iii) Clothing - an initial supply of clothing, including coats, boots, shoes, etc.; and

(iv) Shelter - the need for temporary housing should not exceed five days from the point of entry.

(b) Shall be nominal in amount if the repatriate's needs for temporary shelter and food are being met on a congregate basis, with cash provided only for personal items.

(c) Includes the cost of necessary medical assistance, including payment of the cost of medical and hospital care that is necessary because of the condition of an eligible repatriate's health.

(i) This care shall be paid in accordance with the Ohio department of medicaid (ODM) fee schedule.

(ii) In lieu of the ODM fee schedule, the customary fees paid by other third-party groups such as health maintenance organizations may be paid.

(d) Shall be based upon the Ohio works first (OWF) payment standard for the family assistance group size. The maximum amount of assistance that an individual may be eligible to receive each month of the ninety-day period is to be based on the appropriate OWF standard for the family assistance group size. There are other essential needs that may be provided such as household furnishings to make a home livable and to provide for the safety, health and welfare of the repatriate and the repatriate's family. These needs can be authorized one time only.

In order for an individual to be eligible for assistance under the repatriate program, he or she shall meet the following:

(1) Eligibility must be certified by the U.S. department of state.

(2) The individual shall be a U.S. citizen or a dependent of a U.S. citizen including the following:

(a) Spouse;

(b) Parents;

(d) Grandparents;

(e) Unmarried minor children including adopted children and stepchildren;

(f) Unmarried adult children who are dependent because they have disabilities, including adopted children and stepchildren; and

(g) Minor siblings of the U.S. citizen and his or her spouse.

(3) The individual shall be returning to the U.S. from a foreign country as a result of:

(a) Destitution;

(b) Illness (including a mental disability); or

(4) The individual has no income or resources immediately available for living expenses as described in paragraph (D) of this rule.

(D) What are the income and resource eligibility requirements?

(1) Assistance for repatriated U.S. citizens shall be given when the individual's liquid resources are at or below the maximum resource limits as set forth in rule 5101:4-4-01 of the Administrative Code and the income is insufficient to meet the expenses for food, clothing, shelter, medical care, and other essential needs.

(2) Resources to be considered are only those immediately accessible. Resources are considered immediately accessible when they are in existence, under the control of the individual, and when the individual can utilize them. The fact that an individual may have resources in a foreign country does not affect eligibility if the foreign country prohibits their removal.

(3) Income eligibility must be determined. The individual may have income through an employer prior to his or her repatriation. When this occurs, the income and eligibility calculation shall be determined in accordance with rule 5101:1-23-20 of the Administrative Code.

(E) How does the repatriate program work?

(1) The U.S. department of state certifies who qualifies for assistance under this program.

(2) If an individual returns to the U.S. because of destitution or illness and needs assistance, the U.S. department of state will notify the office of refugee resettlement (ORR) in the department of health and human services (DHHS), who makes a referral to the international social service-United States of America branch, incorporated (ISS-USA) with information about the individual situation, arrival time and final destination.

(3) The ISS-USA will provide the Ohio department of job and family services (ODJFS) with this information.

(4) ODJFS shall contact the county agency in the county of final destination.

(5) Following such notification, the county agency shall take the following actions:

(a) Determine the initial housing needed.

(i) Contact any known relatives or friends to identify potential housing; or

(ii) Check with the domestic violence and homeless shelters; or

(iii) If arrival occurs before housing plans can be arranged, a temporary hotel or motel may be used.

(b) Make plans to meet the repatriate and the repatriate's family. In most instances, this will be at the local airport.

(d) Advise the ISS-USA and ODJFS of the name, address and telephone number of the person meeting the repatriate and of the housing arrangements.

(e) Provide each repatriate with a copy of the "Welcome Package" provided by ISS-USA that is located at https://www.iss-usa.org/our-services/repatriation-resources/which explains the program and the requirements to repay the federal government for the cost of services received.

(f) The individual will also be asked to complete the "RR-05 Repatriation Repayment and Privacy Agreement" form that is located at https://www.iss-usa.org/our-services/repatriation-resources/ which allows the ORR, and the repatriation program to collect, have access to, and disclose protected health information for the purpose of making program financial decisions.

(g) Establish a case record.

(h) Determine the repatriate's ability to repay as set forth in paragraph (G) of this rule and develop a repayment plan when possible.

(i) Determine eligibility for repatriate assistance and authorize financial and medical assistance in the form of county money payments.

(j) Refer all cases to the county agency social service area for counseling and referral for employment, referral for educational opportunities, occupational retraining, housing services, legal services, child care and protection, if indicated. Other services may also be necessary to help the repatriate and his or her family adapt to the changes in their circumstances and to become self-supporting as quickly as possible.

(k) Explore eligibility for other programs such as OWF, medicaid, and supplemental nutrition assistance program (SNAP).

(l) Maintain a record of the period of eligibility and the amounts of the assistance the repatriate receives in two categories:

(i) Port of entry assistance (expenses at port of entry); and

(ii) Subsistence and resettlement assistance (initial expenses for resettling).

(6) For individuals wishing not to participate in the repatriate program they may fill out the "RR-06 Refusal of Temporary Assistance Standard," which is located at https://www.iss-usa.org/our-services/repatriation-resources/.

(F) How long can an individual receive assistance under the repatriate program?

(1) The assistance described in paragraph (B)(2)(a) of this rule may be authorized for a period of up to ninety days from the day of arrival of the eligible person into the U.S., provided the individual or family is not eligible for OWF or supplemental security income (SSI). If the ninety-day period passes and there is no request for further assistance, the repatriate is no longer eligible under this program.

(2) If the repatriate is not eligible for assistance through OWF or SSI and is unable to attain self-support due to age, disability, or lack of vocational training, repatriate assistance may be extended for an additional nine months when authorized by the ISS-USA.

(3) The county agency shall submit any request for an extension to ODJFS, as soon as the need for additional assistance is recognized. The request for additional repatriate assistance shall be submitted prior to the expiration of the initial ninety-day period of eligibility.

(4) All requests for an extension of temporary assistance beyond the ninety-day period shall include the following information:

(a) The names of all family members, their country of citizenship, and their relationship to the U.S. citizen;

(b) Date and port of entry into the U.S.;

(d) For cases where immigration status precludes a family from meeting eligibility for OWF assistance, the county agency shall document its efforts to resolve U.S. citizenship and immigration barriers;

(e) A statement describing the job search efforts of the head or heads of household; and

(f) Any special circumstances which describe the reasons why an individual or family is unable to achieve self-support should also be stated in the request.

(G) Is repayment required for individuals who receive assistance under the repatriate program?

(1) An individual who has received repatriate assistance shall be required to repay any or all of the cost of such assistance to the U.S. A cooperative agreement exists between the ORR and the ISS-USA. A county agency who provides assistance to eligible individuals under the repatriate program will receive reimbursement from the ISS-USA.

(2) The county agency shall evaluate the repatriate's ability to repay during the initial contact and interview. The repatriate shall be required to sign the "RR-05 Repatriation Repayment and Privacy Agreement" regardless of his or her ability to repay or the county agency recommendation to waive the repayment. The county agency shall forward the recommendation regarding financial ability of the repatriate to make repayment and the "RR-05 Repatriation Repayment and Privacy Agreement" to ISS-USA within ten business days of the initial contact with the repatriate.

(3) In exploring the repatriate's ability to repay, the county agency shall take into account income and resources currently available to the repatriate and those resources which may be available in the future.

(4) Ability to repay will be considered to exist when income and/or resources in excess of continuing needs can be expected to become readily available to the individual within one year after self-support is attained. It is not intended that an individual deplete income and/or resources which are needed to become independent or to maintain independence in order to repay the federal government. Income and/or resources are to be considered readily available when they are in existence, under the control of the repatriate, and sufficient to be drawn upon for repayment. When exploring the repatriate's ability to repay, such factors as the type of usual occupation, amount of indebtedness, and employment history shall be considered.

(5) Assistance that is less than fifty dollars is not required to be repaid.

(H) What are the other requirements under the repatriate program?

(1) In the event of emergency repatriation situations that result from the U.S. department of state-assisted evacuation of U.S. citizens from a country due to crisis or natural disaster, the ORR will assume administrative responsibilities. These situations will generally be handled by the ORR as the lead agency responsible for arranging through state agencies for the reception, temporary care, and onward transportation to the final destination of non-combatant evacuees returned to the U.S. from a foreign country.

(2) Financial assistance under the repatriate program is subject to one hundred per cent federal reimbursement. It is essential that the county agency submit claims as soon as possible after the end of each month, but no later than ten business days after the close of the month. If claims cannot be submitted within the time frame designated, the county agency shall notify ISS-USA so that regulations can be followed to assure that federal funds will be obligated and available to pay the claim when it is received.

(3) The county agency is required to keep separate accounts for the repatriate program so that the transactions may be readily identifiable from those of other programs. A separate fiscal record should be established and maintained for each person for whom expenditures are made with sufficient information, including copies of bills paid and receipts, to enable the county agency to identify and support the costs for which reimbursement is requested.

(4) All hearing rights in accordance with division 5101:6 of the Administrative Code are to be afforded to applicants or recipients of the repatriate assistance program who wish to appeal a decision made by the county agency.

Last updated May 1, 2026 at 9:31 AM

History

Effective: May 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-70 Issuance of cash assistance benefits.

(A) What are the options for the issuance of cash assistance benefits?

(1) Assistance groups applying for or in receipt of Ohio works first (OWF) or refugee cash assistance (RCA) have two options for the issuance of monthly cash benefits. The two options are:

(a) Electronic payment card; or

(b) Electronic funds transfer or direct deposit.

(2) The assistance group shall be informed of the two options at application and recertification and provided informational material.

(B) What is the difference between the electronic payment card and electronic funds transfer?

(1) The electronic payment card is a pre-paid card system which transfers cash benefits to an account accessed by a magnetic strip card.

(2) The electronic funds transfer is a direct deposit system that transfers cash benefits electronically to individual bank accounts.

(1) Direct deposit

(a) When the assistance group selects direct deposit it shall complete the JFS 07344 "Direct Deposit Authorization." This form shall be retained by the county agency in the assistance group record.

(b) When the assistance group fails to designate an account suitable for direct deposit and submit the JFS 07344 within ten days of the assistance groups request for direct deposit, the county agency shall issue the benefits on the electronic payment card.

(2) Electronic payment card

When the assistance group chooses the electronic payment card, the county agency shall make the appropriate designation in the statewide automated eligibility system. This will result in the mailing of the electronic payment card and informational material to the assistance group payee or protective payee.

(3) When a benefit issuance method is selected, no change will be made until the next recertification, unless the county agency determines that there is good cause for a change before the next scheduled recertification or the financial institution dishonors the assistance group's direct deposit account.

(D) Are there fees associated with these methods of issuance?

(1) Direct deposit

(a) There may be fees associated with direct deposit that are imposed by the financial institution. These fees are the responsibility of the assistance group.

(b) The financial institution cannot impose any charge for an account that it does not impose on its other customers for the same type of account.

(2) Electronic payment card

(a) Certain transactions may incur fees associated with the electronic payment card. A complete list of fees is provided by the vendor in the client disclosure statement materials.

(b) Fees associated with the use of the electronic payment card will be deducted from the balance on the card.

(c) Fees deducted from the balance on the card will be identified on the assistance group's account. The assistance group can confirm the balance by tracking the account on the internet or calling the electronic payment card vendor's customer service number.

(d) When the assistance group disputes the fees associated with the use of the card, the county agency shall refer them to the electronic payment card vendor's customer service number for resolution.

(E) What happens if the assistance group's benefit is lost, stolen or not received?

(1) Direct deposit

(a) When the assistance group receives benefits by direct deposit and the bank account has closed or the direct deposit has been dishonored, the assistance group must notify the county agency.

(b) When the assistance group fails to notify the county agency of the change to the designation of the bank account prior to the issuance of the benefit, the payment will not be accepted by the financial institution for deposit and will be returned to the Ohio department of job and family services (ODJFS).

(c) When a direct deposit has been rejected by a financial institution the county agency shall make contact with the assistance group to determine if either a change in the direct deposit bank account is needed or if there is good cause to change the issuance method to the electronic payment card.

(2) Electronic payment card

(a) When the electronic payment card is lost, stolen or not received, the assistance group shall contact the electronic payment card vendor's customer service number to request a replacement card.

(b) Each assistance group can receive up to four replacement cards at no cost every twelve months. The twelve month period of time is calculated from the initial card issuance date.

(3) There may be a rare situation where a paper warrant is issued. When a paper warrant is issued and is either lost, stolen or not received, the county agency shall take the action necessary to stop payment on the missing warrant and contact ODJFS to request a replacement warrant to be issued. The issuance payment method in the statewide automated eligibility system must be overridden by ODJFS before a replacement warrant can be issued. A handwriting sample and affidavit may still be required to be completed by the assistance group before a replacement warrant is issued.

(F) Who does an assistance group contact when there are problems?

(1) Direct deposit

(a) The assistance group shall be advised to report changes to the county agency so that the direct deposit payment can continue with as little interruption as possible. This includes a change in the account number, financial institution, or a change in the payee for the assistance group.

(b) When there is a change in a bank account or savings and loan account number or transit routing number, all direct deposit data must be re-entered on the appropriate screen in the statewide automated eligibility system.

(d) When there is a dispute or question relating to purchases or fees assessed on the direct deposit bank account, the assistance group shall contact the financial institution who holds the direct deposit bank account.

(2) Electronic payment card

(a) When there is an issue or question regarding the amount of cash assistance benefits that are issued, the assistance group shall contact the county agency.

(b) When there is a technical issue related to use of the electronic payment card, the assistance group shall contact the electronic payment card vendor's customer service.

(c) When there is a dispute or question regarding purchases or fees assessed on the account, the assistance group shall contact the electronic payment card vendor's customer service.

(G) What happens when an assistance group elects to receive an electronic payment card but fails to activate an electronic payment card?

For purposes of this rule, "activate" means taking all necessary steps to be able to use the electronic payment card, including creating a personal identification number (PIN). When an electronic payment card is not activated:

(1) Within sixty days from the date the first electronic payment card was issued for the account, the county agency shall attempt to make contact with the assistance group to ensure that eligibility for cash benefits continues. The county agency shall notify the assistance group that if it fails to activate the electronic payment card, benefits shall be expunged.

(2) Within ninety days of the date the first electronic payment card was issued for the account, all benefits issued during the preceding ninety-day period shall be expunged; and all benefits issued after the ninetieth day shall be expunged on a monthly basis until the electronic payment card is activated. Expunged benefits are no longer available to the assistance group and shall not be reissued.

Last updated January 2, 2024 at 8:27 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-2-85 Cash assistance: new hire reporting program (W-4).

(A) What is the new hire reporting program?

Pursuant to section 3121.891 of the Revised Code, all employers are required to provide information to the Ohio department of job and family services (ODJFS) about employees who are newly hired, or a contractor of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation. A newly hired employee means an employee who has not previously been employed by the employer; or was previously employed by the employer, but has been separated from such prior employment for at least sixty consecutive days according to the requirements of 42 U.S.C. 653a (2021).

(B) How is the new hire information used?

Pursuant to section 3121.898 of the Revised Code, the county agency shall use new hire information to ensure all employment information has been reported, verified and used appropriately when determining cash assistance benefits. Alerts are generated in the Ohio benefits integrated eligibility system when there is a match with new hire information.

Upon receipt of a new hire alert, the county agency is to process the information in accordance with rule 5101:1-2-20 of the Administrative Code.

Last updated September 1, 2026 at 8:52 AM

History

Effective: September 1, 2026
Promulgated Under: 119.03

Chapter 5101:1-3 Ohio Works First

Ohio Adm.Code 5101:1-3-01 Ohio works first: federal outcome measures.

(A) Section 5107.05 of the Revised Code authorizes the director of Ohio job and family services (ODJFS) to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law, and the state plan. This rule describes the information reported to the administration for children and families (ACF) within the department of health and human services (HHS) and a county agency's responsibilities for ensuring the data is reliable and accurate

(B) What are the federal outcome measures?

ODJFS provides regular reporting to ACF regarding the administration of Ohio works first (OWF). Federal outcome measures include the following regarding a work eligible individual (WEI):

(1) Employment rate: the percentage of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(2) Median earnings: the median level of earnings of WEIs who are in unsubsidized employment during the second quarter after exiting OWF;

(3) Median earnings: the median level of earnings of WEIs in the fourth quarter after exiting OWF who were also in unsubsidized employment during the second quarter as described in paragraph (B)(1) of this rule; and

(4) Reduced dependence on government food benefits: the percentage of WEIs with earnings above the federal income eligibility levels for supplemental nutrition assistance program (SNAP) the fourth quarter after exiting OWF.

Last updated April 1, 2026 at 7:46 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-02 Ohio works first: school attendance.

(A) When must school attendance be monitored?

A minor child's attendance in school shall be monitored in the following situations:

(1) The teen parent or pregnant teen is subject to participation in the learning, earning and parenting program (LEAP) in accordance with rule 5101:1-23-50 of the Administrative Code.

(2) The child is subject to participation in the learnfare program in accordance with section 5107.28 of the Revised Code.

(3) When the teen parent is employed, to determine if the policy described in rule 5101:1-23-10 of the Administrative Code is applicable.

(4) To determine if a child approaching his or her eighteenth birthday may remain on the grant until the nineteenth birthday, as set forth in section 5107.02 of the Revised Code.

(B) What are the requirements for children under age eighteen who are not attending school?

(1) The county agency shall assess the skills, prior work experience, and employability of each participant of Ohio works first (OWF) who:

(a) Has not attained eighteen years of age; and

(b) Has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.

(2) On the basis of the comprehensive assessment, the county agency shall work with the assistance group (AG) to create an employment goal for the child, including a plan for moving the individual into unsubsidized employment or requiring the child to attend school.

(3) The county agency shall incorporate the plan into the AGs self-sufficiency contract (SSC) or individual opportunity plan (IOP) and require the minor's parent or specified relative to ensure the child complies with the plan. The child is not required to complete a SSC or IOP, unless that child is a minor head of household, as defined in section 5107.02 of the Revised Code.

Last updated April 1, 2026 at 8:18 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-03 Ohio works first: residence and living arrangement requirement.

(A) What is the residence requirement for the Ohio works first (OWF) program?

(1) Residence in the state of Ohio is a requirement and is met when a person meets one of the following:

(a) Living voluntarily with the intention of making his or her home in Ohio; or

(b) Living in Ohio and not receiving assistance from another state, and entered Ohio with a job commitment or seeking employment in Ohio, whether or not currently employed.

(2) A child is a resident of the state in which the parent, legal guardian, custodian or specified relative caring for the child is a resident.

(3) Absence from the state for more than thirty days constitutes evidence of intent to establish residence elsewhere, unless a written statement has been submitted to indicate intent to return to Ohio.

(a) The written statement shall be retained in the case record.

(b) The county agency shall consider the written statement as acceptable proof of intent to return to Ohio when the statement includes the reason for the absence and the expected date of return.

(c) A statement is not considered acceptable proof of intent to return to Ohio when the applicant or recipient contradicts the statement by giving up Ohio living arrangements, applying for public assistance in another state, or securing long-term housing arrangements in another state.

(4) An individual who resides in a county home, city infirmary, jail, or other public institution does not meet the residence requirement for OWF. Rule 5101:1-23-10 of the Administrative Code addresses individuals under house arrest.

(5) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF residence requirement.

(B) What is the living arrangement requirement for children?

(1) To be eligible for OWF, a child's home must be with a parent, specified relative, custodian or legal guardian.

(a) A parent is an individual who has the legal duty to support the child. A legal parent includes the following individuals as long as their parental rights are not legally terminated:

(i) The biological mother and father of the child.

(ii) Any person who is adjudged by a court of competent jurisdiction or a local child support enforcement agency to be the parent of the child and under legal duty to support the child.

(iii) An individual who has legally adopted the child. Adoption severs the legal relationship between parent and child, but it does not sever the biological relationship.

(iv) An individual who has an acknowledgment of paternity affidavit filed with the division of child support that has become final and enforceable.

(b) Specified relatives are limited to those individuals defined in section 5107.02 of the Revised Code.

(2) While another individual or agency may hold legal custody of a child, a parent, specified relative or legal guardian may receive benefits for the minor child(ren) who physically resides with that individual, even if the child(ren) is temporarily absent, as set forth in rule 5101:1-3-04 of the Administrative Code.

(3) A child born to an inmate participating in the prison nursery program pursuant to section 5120.65 of the Revised Code meets the OWF living arrangement requirement.

(4) In Ohio, a legal marriage is:

(a) One which meets the requirements of Chapter 3101. of the Revised Code; or

(b) A marriage which meets the requirements of Chapter 3101. of the Revised Code, between individuals required to be recognized as married pursuant to the United States supreme court decision Obergefell v. Hodges, 576 U.S., 135 S. Ct. 2584 (2015); or

(c) Common-law marriages that occurred in this state prior to October 10, 1991, when they became prohibited in the state of Ohio.

(1) In accordance with section 5107.24 of the Revised Code, unmarried minor parents, unmarried pregnant minors, or the child of an unmarried minor parent must reside in a place of residence maintained by a parent, legal guardian, custodian or specified relative of the pregnant minor or minor parent as the parent's, guardian's, custodian's or specified relative's own home to meet the living arrangement requirement for OWF. The individual is exempt from this requirement if any of the following apply:

(a) The minor parent or pregnant minor does not have a parent, guardian, custodian, or specified relative living or whose whereabouts are known.

(b) No parent, guardian, custodian, or specified relative of the minor parent or pregnant minor will allow the pregnant minor, minor parent, or minor parent's child to live in the parent's, guardian's, custodian's, or specified relative's home.

(c) The Ohio department of job and family services (ODJFS), the county agency, or a public children services agency (PCSA) determines that the physical or emotional health or safety of the pregnant minor, minor parent, or minor parent's child would be in jeopardy if the pregnant minor, minor parent, or minor parent's child lived in the same home as the parent, guardian, custodian, or specified relative.

(d) ODJFS, a county agency, or a PCSA otherwise determines that it is in the best interest of the pregnant minor, minor parent, or minor parent's child to waive the requirement of paragraph (C)(1) of this rule.

(2) An unmarried pregnant minor, unmarried minor parent, or child of an unmarried minor parent exempt from the requirement to live with a parent, specified relative, custodial or legal guardian, must reside in an adult-supervised living arrangement to be eligible to participate in OWF.

(3) The county agency shall be responsible for either directly assisting the unmarried minor parent in locating an acceptable adult-supervised living arrangement or entering into an agreement with another agency (e.g.,PCSA) to serve as their designee.

Last updated September 1, 2026 at 8:52 AM

History

Effective: September 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-04 Ohio works first: temporary absence.

(A) What is temporary absence?

The absence of a member of the Ohio works first (OWF) assistance group is temporary when all of the conditions described in paragraphs (A)(1) to (A)(3) of this rule are met. A temporarily absent individual is considered to be in the home for purposes of OWF eligibility.

(1) The location of the absent individual is known;

(2) There is a definite plan for the return of the absent individual to the home; and

(3) The absent individual shared the home with the assistance group prior to the onset of the absence. A newborn is considered to be sharing the home with the assistance group at the time of birth.

(B) How long can an OWF recipient be temporarily absent?

An OWF recipient may be considered temporarily absent for up to forty-five consecutive days. An OWF recipient who is, or is expected to be absent from the home without good cause for longer than forty-five consecutive days does not meet the temporary absence requirement for OWF.

Good cause is limited to the following reasons for absences of more than forty-five consecutive calendar days:

(1) Hospitalization (includes inpatient drug and alcohol treatment);

(2) Detention in a juvenile home until a court commitment;

(3) Attendance at school;

(4) Vacationing;

(5) Trip made in connection with current or prospective employment;

(6) Shared parenting situations;

(7) Service in the military when it is the sole reason for absence;

(8) Removal of a child(ren) by the public children services agency (PCSA) that meets the reunification requirements in accordance with section 5107.10 of the Revised Code. OWF payments for the child may continue for up to six payment months after the removal date. In order for this exception to apply, the child shall be in receipt of OWF cash assistance on the date of the removal by the PCSA.

(D) When does temporary absence end?

(1) The day it becomes known that the absent individual will not be returning to the home as originally planned, but no later than forty-five days from the date the individual left and good cause does not exist; or

(2) The day when good cause, as described in paragraphs (C)(1) to (C)(7) of this rule, no longer exists.

(E) When does the end of the temporary absence of an OWF recipient have to be reported?

The OWF recipient's absence is to be reported within ten calendar days of the date the temporary absence ends in accordance with paragraph (D) of this rule.

(F) What happens when the end of the temporary absence of an OWF recipient is not reported as required?

An assistance group member who fails to notify the county agency of the end of the temporary absence of an OWF recipient from the home within the time frame described in paragraph (E) of this rule is ineligible for inclusion in the OWF assistance group. The remaining assistance group members may continue to receive OWF. This regulation is applicable to paragraphs (C)(1) to (C)(7) of this rule.

(G) When does an erroneous payment begin for failure to report the end of the temporary absence for an OWF recipient?

The assistance group member is ineligible beginning with the same day that the absent OWF recipient becomes ineligible. The erroneous payment provisions set forth in rule 5101:1-23-70 of the Administrative Code are applicable.

Last updated January 5, 2026 at 8:04 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-04.1 Ohio works first: shared parenting (joint custody).

This rule describes the shared parenting provisions for the Ohio works first program. The provisions described in this rule are to be used by the county agency in determining eligibility for a dependent child in a shared parenting arrangement.

(A) What are the eligibility requirements for Ohio works first (OWF) when there is a shared parenting (joint custody) arrangement?

(1) Potential OWF eligibility may exist in a shared parenting arrangement. A dependent child can only be considered to be sharing a home with one parent despite a shared parenting/joint custody order permitting the child to reside with each parent for a part of the month.

(2) For OWF eligibility purposes, a child can only have one home and cannot be considered to be temporarily absent from another home (i.e., both of the child's parents cannot receive benefits concurrently for the same child in the same month.)

(B) What happens when only one of the parents in a shared parenting arrangement applies for OWF?

(1) When only one parent applies for assistance, the county agency shall determine when the child resides with the parent who submits the application for assistance.

(2) When there is no application submitted by the other parent, and there is not an existing OWF assistance group containing the other parent and the child, the child shall be considered to be living and sharing a home with the parent who submitted the application for assistance.

When both parents apply for assistance for the child and both parents claim that the child is living with and sharing a home with them, the county agency shall first determine whether each applicant is maintaining a home for the child.

(1) When both parents agree and one of the applications is withdrawn, the county agency shall proceed to determine if the other parent is otherwise eligible for OWF.

(2) When the parents cannot agree and neither application is withdrawn, the county agency shall review the following list of parental activities and responsibilities to determine with which parent the child shares a home:

(a) Is there a court order granting sole custody to one parent, or designating one of the parents' residences as the child's home for public assistance purposes?

(b) When the parents reside in different school districts, where does the child attend school? Who selected the school?

(d) Who attends parent/teacher conferences and who works with the school regarding the child's educational progress?

(e) When the child is enrolled in child care, who makes the child care arrangements?

(f) Who takes the child to and from school and/or child care?

(g) Which parent is listed as the contact for emergencies at the child's school or child care provider? When both parents are listed, who is the one to be contacted first?

(h) Who arranges and transports the child to medical and dental appointments? Who selects the physician and dentist? Who maintains the child's medical records?

(i) Who initiates decisions regarding the child's future?

(j) Who responds to medical or law enforcement emergencies involving the child? When both parents are to be contacted, who is the one to be contacted first?

(k) Who arranges for food, clothing, and other household necessities on an ongoing basis?

(l) Who disciplines the child?

(m) Who plays with the child and arranges for entertainment?

(n) Which parent supervises the child's daily dressing and personal hygiene tasks?

The list of parental activities contained in paragraphs (C)(2)(a) to (C)(2)(n) of this rule is not an all-inclusive list, and other factors may need to be examined in making this determination. There will be situations in which these questions will be answered positively for both parents. However, in reviewing parental activities, one parent is often identified more than the other. The parent most often identified is the parent who is considered to be sharing a home with the child, and the parent with whom the child's eligibility shall be explored.

(3) When the result of the exploration of conditions described in paragraph (C) of this rule reveals a parent is not otherwise eligible for OWF, eligibility for the other parent shall be explored when that parent has a pending application.

(4) When the result of the exploration of the conditions described in paragraph (C) of this rule are inconclusive, the county agency will include the child with the parent who applied first.

(D) What should the county agency do to document its decision?

The county agency shall document the decision made on the case and the basis for the decision in the assistance group record(s), as well as in journal notes in the Ohio benefits integrated eligibility system.

Last updated January 5, 2026 at 8:04 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-07 Ohio works first: evidence of age, citizenship, and identity.

Verification of age, citizenship, and identity shall be completed before any individual, adult or child, is eligible to be included in the assistance group.

(A) What is acceptable documentation of age?

(1) A civil birth record or a religious record of birth or baptism established before age five are primary documents used to verify age.

(2) Alternate documents are acceptable and shall be used to avoid delaying assistance to an otherwise eligible individual. Examples of alternate documents include but are not limited to:

(a) School records;

(b) Insurance policies;

(d) Official hospital records.

(3) The alternate document shall show the applicant's name and date of birth or age and should be at least one year old (unless it is for a child under age one).

(B) What is acceptable documentation of identity?

(1) Documents used to identify an individual include but are not limited to:

(a) Driver's license or state identification card;

(b) Day care or nursery school records;

(d) Voter registration card;

(e) Employment or building badge;

(f) Court documents;

(g) Marriage or divorce record;

(h) Insurance policies;

(i) Military record;

(j) United States (U.S.) passport; or

(k) Medical records.

(2) The county agency shall be able to compare the information on the documentation with the information on the application or with the individual to ensure identification.

(3) A birth or baptismal certificate is not evidence of identity. Children under age seven will generally have some type of evidence of identity in addition to a birth certificate. However, when such a child (e.g., a newborn infant) has absolutely no other documentary evidence, the birth certificate alone will be acceptable as long as the eligibility worker has no reason to doubt that the child actually exists.

(1) Every applicant is required to establish U.S. citizenship or legal alien status, and shall submit at least one document showing U.S. birthplace or in some way indicating U.S. citizenship. "U.S.-born" refers to an individual born in one of the fifty states, District of Columbia, Puerto Rico, Guam, Northern Mariana islands, U.S. Virgin islands, Swain's island or American Samoa.

(a) When the applicant is a U.S.-born citizen, a civilian birth, baptismal, or religious certificate specifically displaying a U.S. birthplace may be used as verification.

(b) When the applicant is a foreign-born U.S. citizen, a citizen certification, U.S. passport, consular's certification of birth, or certificate of naturalization may be used as verification.

(c) When the applicant is an alien, the alien status may be verified by forms issued from the United States citizenship and immigration services (USCIS).

Last updated February 1, 2022 at 8:41 AM

History

Effective: February 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-09 Ohio works first: social security number requirement.

(A) What is the eligibility requirement related to social security numbers?

(1) As a condition of eligibility for Ohio works first (OWF), each assistance group member shall provide or apply for a social security number.

(2) The county agency shall refer an individual who does not possess a social security number to the local social security office to apply for a social security number. When the assistance group has complied with the requirement of providing or submitting verification of an application for a social security number, the county agency shall not deny, delay or terminate benefits pending the issuance or verification of the social security number.

(3) For each assistance group member who physically possesses a social security card, the county agency shall retain a copy of the social security card in the case record.

(B) What happens when an assistance group does not cooperate with providing or applying for a social security number?

(1) When an assistance group member refuses to provide or apply for a social security number, he or she shall be removed from the assistance group resulting in a reduction of the OWF grant. The assistance group member may be the payee for children for whom a social security number has been applied for or provided.

(2) The assistance group member who supplies his or her own number or cooperates in applying for one but refuses to provide or apply for a social security number for his or her child/children will remain in the assistance group, but the child/children will be removed from the assistance group. In some cases, the only remaining member of the assistance group may be the parent or specified relative. In these cases, assistance shall be denied.

(1) A social security number may be verified by matching the reported social security number with information supplied by the social security administration (SSA) such as beneficiary data exchange (BENDEX) or state data exchange (SDX): or

(2) Observing the assistance group member's social security card or any official document containing the social security number.

An "official document" is defined as a W-2 form, a railroad retirement, retirement, survivors, and disability insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the social security number that by law or regulation was required to be verified by the social security administration.

(3) When the assistance group member does not possess a social security card, or any "official document" containing the social security number or when the social security number appears questionable, the county agency shall either verify the number by matching it with SSA records or by completing the top portion of the JFS 07355 "Notice of Application for Social Security Number". The assistance group member shall take the JFS 07355 to the local social security district office. The local social security district office will complete the bottom portion of the JFS 07355 and return the form to the county agency.

(D) When is the social security number requirement considered met?

(1) For the purposes of the beginning date of aid, the social security number eligibility requirement will be considered to have been met the date the social security administration certifies that the individual applied for a social security number.

(2) For newborns, when the social security number is applied for no later than the first day of the second month following birth or the mother's discharge from the hospital, the social security requirement is considered met on the child's date of birth.

Last updated February 1, 2022 at 8:41 AM

History

Effective: February 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-10 Ohio works first: child support requirement.

(A) What is an assignment of support?

In accordance with section 5107.20 of the Revised Code, participation in Ohio works first (OWF) constitutes an assignment to the Ohio department of job and family services (ODJFS) of any rights that members of an assistance group have to support from any other person, not exceeding the total amount of assistance paid to the assistance group that accrue or have accrued as of and including the date that the OWF cash assistance is terminated. This assignment excludes medical support assigned pursuant to section 5160.38 of the Revised Code. The rights to support assigned to ODJFS pursuant to this rule constitutes an obligation to ODJFS for the amount of cash assistance paid to the assistance group. The child support enforcement agency (CSEA) is responsible for the collection and distribution of support payments owed to OWF participants whether assigned to ODJFS or unassigned.

(1) The assignment of support rights includes:

(a) The rights to support that the assistance group has on its own behalf or on the behalf of any other member of the assistance group applying for or in receipt of OWF. This includes ongoing monthly child support, spousal support and support for a spouse or former spouse, whether included or not in the child support order.

(b) The assignment gives ODJFS the right to claim any support collected for the assistance group not exceeding the total amount of cash assistance paid to the assistance group. For child support enforcement collection purposes, the total amount of "cash assistance" paid to the assistance group has the same meaning described in rule 5101:1-1-01 of the Administrative Code. This includes all forms of cash assistance as defined in rule 5101:1-23-01 of the Administrative Code, including support services paid to families who are unemployed, unless such payments meet the definition of nonrecurrent short-term benefits. As provided in rule 5101:1-23-01 of the Administrative Code, nonrecurrent, short-term benefits and support services provided to employed families are not considered to be cash assistance and are not subject to reimbursement.

(2) The assignment of support rights is effective the first of the month following the date of approval for OWF cash assistance and continues until the assistance group is no longer participating in OWF cash assistance. The ODJFS shall notify the CSEA when the effective date of the assignment is determined. This notification shall be transmitted to the CSEA within two working days of authorization of OWF cash assistance.

(3) In the following situations, the assignment is interrupted for a specific month, and child support for that month is treated in accordance with the provisions set forth in rule 5101:12-80-14 of the Administrative Code. However, the interruption in the assignment ends beginning with the first day of the month that cash assistance resumes.

(a) When an assistance group received OWF cash assistance in the form of a warrant, check, voucher, electronic funds transfer or electronic payment card for a month, but returned the uncashed check, warrant or voucher to the county agency, or returned the full amount of the benefit paid to the assistance group, the assistance group is not considered to have received cash assistance in accordance with rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(b) When an assistance group's OWF is reduced to zero dollars to repay an OWF overpayment, the assistance group is not considered to have received cash assistance in accordance with rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(c) When an erroneous OWF 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 assistance group is not considered to have received cash assistance in the month for which the overpayment occurred as described in rule 5101:1-23-01 of the Administrative Code, and child support for that same month is treated in accordance with rule 5101:12-80-14.1 of the Administrative Code.

(4) When an individual is added to an existing assistance group, the assignment of support rights is effective the first day of the month following the date the county agency adds the individual to the assistance group.

(5) Any direct payments received by an assistance group prior to the effective date of the support assignment are budgeted as unearned income in accordance with rule 5101:1-23-20 of the Administrative Code.

(6) Once the assignment of support is effective, any direct payment (including voluntary payments) by the absent parent shall be evaluated in accordance with paragraph (N) of rule 5101:1-23-70 of the Administrative Code in determining when an erroneous payment has occurred, and if so, whether the payment is a cash assistance (IV-A) or a child support enforcement (IV-D) overpayment.

(B) What is the "county agency/CSEA interface"?

(1) The "county agency/CSEA interface" refers to the cross-program relationship between the IV-A and IV-D programs.

(2) The county agency shall make use of the interview in the application or reapplication process to gain timely, complete and accurate information concerning absent parent(s) attached to the assistance group.

(3) Referrals are sent automatically through the interface. A referral from the county agency to the CSEA is not required when the assistance group contains only a pregnant woman with no eligible child.

(4) At the point of authorization for cash assistance, the county agency shall send copies of relevant information collected during the application process, such as birth certificates, court orders and paternity acknowledgments to the CSEA.

(5) The county agency shall collect all relevant information so that the CSEA will not routinely be required to schedule an interview with the assistance group to establish and develop the IV-D case record.

(6) The county agency is responsible for reporting relevant changes to the CSEA, including information concerning new members added to an existing assistance group. Most routine changes are automatically transmitted through the two statewide automated systems. However, copies of relevant documentation received by the county agency are to be sent within two working days of receipt to the CSEA.

(7) The county agency shall not delay the processing of an application because of the assistance group's failure to provide information needed solely by the CSEA.

(8) Even when an application for cash assistance is denied, when an applicant has requested child support services, the county agency shall send a referral to the CSEA.

(1) Cooperation with child support includes establishing the child's paternity, and establishing, modifying and enforcing a support order for the child. Cooperation with child support is required unless there is good cause for the failure or refusal to cooperate as determined by the CSEA.

(2) All applicant and recipient adults and minor heads of household shall sign a self sufficiency contract that includes a requirement to ensure that caretaker members of the assistance group cooperate with child support.

(3) Caretakers, as defined in section 5107.22 of the Revised Code, who are members of the OWF assistance group, shall cooperate with child support. In a three-generation assistance group that includes a grandparent, a minor parent and a minor child of the minor parent, there are two caretakers:

(a) The grandparent shall cooperate with child support for his or her minor child(ren), including the minor parent; and

(b) The minor parent shall cooperate with child support for his or her minor child(ren).

(4) When a caretaker signs the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)" indicating that the individual wants to claim good cause for refusal to cooperate in securing support, the county agency shall forward the JFS 07092 to the CSEA. When the request for good cause for refusal to cooperate with child support is documented on the JFS 03803, "Ohio Works First (OWF) & Food Assistance: Domestic Violence Waiver Request and Verification," the county agency shall also have the individual sign the JFS 07092. The CSEA is responsible for determining good cause and cooperation in accordance with rule 5101:12-10-32 of the Administrative Code.

This determination includes waiving the cooperation with child support requirement when the CSEA determines that the individual has been subjected to domestic violence as defined in section 5107.02 of the Revised Code, and requiring cooperation would not be in the best interest of the child, or would make it more difficult for the individual or child to escape domestic violence.

(5) The county agency shall not deny, delay, or discontinue cash assistance pending a determination by the CSEA concerning good cause for refusal to cooperate.

(D) What are the consequences when an individual fails to cooperate with the child support requirement?

(1) Adults or minor heads of households who fail to cooperate with the child support requirement in the self sufficiency contract without good cause as determined by the CSEA, are subject to the imposition of the three-tier sanction in accordance with section 5107.16 of the Revised Code.

(2) Assistance groups that do not contain a member required to sign a self sufficiency contract as defined in rule 5101:1-3-11 of the Administrative Code, are not subject to the sanction set forth in section 5107.16 of the Revised Code for non-cooperation with the CSEA.

(3) When a request for a state hearing on the issue of cooperation has been made, both the county agency and the CSEA shall participate in the hearing.

Last updated November 1, 2023 at 8:26 AM

History

Effective: November 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-11 Ohio works first (OWF): Comprehensive assessment and self sufficiency contract.

This rule describes the comprehensive assessment and self sufficiency contract (SSC) process for the Ohio works first (OWF) program. The county agency is to administer the work activities programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.01, 5107.14, 5107.16, 5107.41, and 5107.70 of the Revised Code.

(A) What is included in a comprehensive assessment?

(1) The county agency is to conduct a comprehensive assessment of each adult, WEI or minor head of household using the Ohio benefits integrated eligibility system. A comprehensive assessment includes:

(a) An evaluation of the occupational skills, prior work experience, employability, interests, aptitudes, educational, physiological, psychological abilities and liabilities, supportive services, and developmental needs of the WEI, adult, or minor head of household.

(b) Screening for domestic violence, in accordance with rule 5101:1-3-20 of the Administrative Code. The county agency is to provide information pertaining to domestic violence to the Ohio department of job and family services (ODJFS) who will maintain the information for statistical analysis purposes.

(c) When a WEI discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities, additional screening is to be offered to the individual consistent with the requirements of rule 5101:9-3-02 of the Administrative Code and the Americans with Disabilities Act (ADA)(1990) plan adopted by the county agency.

(d) Determining whether any WEI or members of the assistance group have a substance abuse problem or need other assistance, or services provided by the county agency or other private or government entities. When other assistance or services are needed, the county agency may refer the individual to an entity that provides the assistance or services. This may include, but is not limited to, a public children services agency (PCSA), chapter of alcoholics anonymous, narcotics anonymous, cocaine anonymous, or any other entity the county agency considers appropriate.

(e) For each WEI, who does not have at least an associate degree awarded by an accredited institution of higher education, conduct a basic skills assessment as selected by the county agency to determine if the WEI is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job or in society.

(f) A referral to opportunities for Ohioans with disabilities for an assessment for a WEI or adult member aged twenty-five or older who indicates they are unable to work due to a permanent mental or physical illness or impairment.

(2) The comprehensive assessment will assist in scoring the individual's status across five areas of well-being and the scores will be regularly updated to reflect progress made in the OWF work activities program. The areas include:

(a) Family stability;

(b) Well-being;

(d) Education and training; and

(e) Employment and career.

(B) When should a comprehensive assessment be conducted?

(1) A county agency is to conduct a comprehensive assessment utilizing the Ohio benefits integrated eligibility system as soon as possible when an application to participate in OWF is received, but no later than thirty days from the date of application. A minor head of household who is subject to the learning, earning, and parenting (LEAP) program is to be assessed in accordance with rule 5101:1-23-50 of the Administrative Code and requirements.

(2) The comprehensive assessment is to be updated by a case manager in Ohio benefits integrated eligibility system and in consultation with the WEI:

(a) Each time an assignment to a work activity has ended; and

(b) Any other time determined necessary by the county agency.

The SSC sets forth the rights and responsibilities of WEI and members of the assistance group as applicants and participants of OWF. The SSC is based on the comprehensive assessment and is to include the following:

(1) The assistance group's plan to achieve the goal of self sufficiency and personal responsibility through unsubsidized employment within the time limit for participating in OWF established by section 5107.18 of the Revised Code.

(2) For each WEI, work activities and alternative activities assigned in accordance with rule 5101:1-3-12 of the Administrative Code.

(3) The responsibility of the WEI or caretaker member of the assistance group to cooperate in establishing a minor child's paternity and establishing, modifying, and enforcing a support order for the child in accordance with section 5107.22 of the Revised Code.

(4) Other responsibilities that members of the assistance group are to satisfy to participate in OWF and the consequences for failure or refusal to satisfy the responsibilities.

(5) An agreement that the assistance group will comply with conditions of participating in OWF in accordance with division 5101:1 of the Administrative Code, Chapter 5107. of the Revised Code and sections 5160.37, 5160.38 and 5101.83 of the Revised Code.

(6) Assistance and services the county agency will provide to the assistance group and WEI.

(7) Assistance and services the child support enforcement agency and PCSA will provide to the assistance group pursuant to a plan of cooperation entered into under section 307.983 of the Revised Code.

(8) Procedures for assessing whether responsibilities are being satisfied and for amending the contract when determined necessary.

(9) The good cause reasons for missing hours of participation or appointments as defined in rule 5101:1-3-13 of the Administrative Code.

(10) An explanation of the individual's rights under the ADA, including the right to request another comprehensive assessment when the individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(11) When additional screening indicated the presence of a disability, a description of each reasonable modification made for the individual consistent with the county agency's ADA plan.

(12) No SSC is to include the LEAP requirements.

(D) When should the SSC be completed?

(1) The SSC is part of the OWF eligibility process and is to be completed prior to approval and authorization of OWF benefits.

(2) The county agency is to use the Ohio benefits integrated eligibility system to develop a SSC designed to help the assistance group in achieving self sufficiency and personal responsibility.

(E) Who is to sign the SSC?

(1) Each WEI, minor head of household and adult member of the assistance group is to sign the SSC, including an amendment any time the SSC is revised.

(2) A minor head of household who participates in LEAP in accordance with rule 5101:1-23-50 of the Administrative Code is to complete a SSC but is not subject to the work participation requirements unless the minor head of household fails to attend a LEAP assessment, fails to enroll in school or withdraws from school.

(F) What are the consequences for failing to sign a SSC or a provision of the contract is not met?

(1) WEI, minor heads of household, and adult members of the assistance group who fail or refuse, without good cause, to sign the SSC are to have OWF benefits denied or terminated.

(2) When a WEI, minor head of household, or an adult member of an assistance group fails or refuses, without good cause, to comply in full with a provision of a SSC the county agency is to sanction the assistance group in accordance with rule 5101:1-3-15 of the Administrative Code.

(G) What is the process for a WEI who is between the ages of fourteen and twenty-four?

In accordance with sections 5116.10 of the Revised Code and rule 5101:1-2-01 of the Administrative Code, each WEI between the ages of fourteen and twenty-four are to participate in the comprehensive case management and employment program (CCMEP) as a condition of participating in OWF. Prior to the authorization of OWF benefits, the individual will be referred to a lead agency to undergo a comprehensive assessment and develop and sign an individual opportunity plan (IOP). The comprehensive assessment and IOP conducted and developed by the lead agency replaces the comprehensive assessment and SSC necessary in accordance with this rule.

(1) As part of the referral process, the county agency is to provide the lead agency with at least the following information:

(a) The number of necessary hours expected to be assigned in accordance with rule 5101:1-3-12 of the Administrative Code; and

(b) The number of months a WEI has participated in OWF that were subject to the time limit described in rule 5101:1-23-01 of the Administrative Code.

(2) A signed IOP meets all the requirements of a signed SSC and plan developed in accordance with this rule.

(a) A failure or refusal to comply with the provision of an IOP without good cause is to result in a sanction of the assistance group member in accordance with rule 5101:1-3-15 of the Administrative Code.

(b) The lead agency is to be solely responsible for determining if the individual had good cause for a failure or refusal and requesting the imposition of a sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

(c) When a sanction is imposed at the request of a lead agency, the lead agency is to be solely responsible for determining a compliance activity consistent with the provisions of rule 5101:1-3-15 of the Administrative Code.

Last updated April 1, 2026 at 7:46 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12 Ohio works first: work activities.

(A) Which section of the Revised Code applies to work activities?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.01, 5107.14, 5107.16, 5107.36, 5107.40, 5107.41, 5107.42, 5107.43, 5107.60, 5107.62, 5107.64, 5107.65, 5107.67, 5107.68 and 5107.70 of the Revised Code.

(B) Who is a work eligible individual (WEI)?

(1) A WEI means an adult or minor head of household receiving Ohio works first (OWF) or a non-recipient parent living with a child who is in receipt of OWF unless the parent is:

(a) A minor parent who is not the head of household;

(b) A non-citizen who is not eligible to receive OWF due to his or her immigration status;

(d) A recipient of social security disability insurance (SSDI) benefits; or

(e) A parent providing care for a disabled family member, when the following criteria are met:

(i) The disabled family member must be living in that home; and

(ii) There is medical documentation to support the need for the parent to remain in the home to care for the disabled family member.The disability is to be deemed to exist when there is a physical or mental illness or impairment. The disability is to be supported by competent medical documentation and is to be of such a debilitating nature as to reduce substantially or eliminate the individual's ability to work. The disability is expected to last for a period of at least thirty days.

(f) A parent, legal guardian, legal custodian, or other specified relative whose needs are not included in a child only AG. This includes situations when the minor child resides with both parents, and both parents are recipients of SSI; and when the parent of the minor child is a child for whom federal, state, or local foster care maintenance, or adoption assistance payments are made.

(2) An adult or minor head of household claiming a physical or mental illness or impairment is still considered a WEI and could be assigned an alternative activity as described in rule 5101:1-3-12.12 of the Administrative Code unless they are in receipt of SSDI or SSI.

(3) An assistance group (AG) when the only minor child is in receipt of SSI benefits, or is a child for whom federal, state, or local foster care maintenance, adoption assistance payments, kinship support payments as described in rule 5180:3-13-18.2 of the Administrative Code, or federal or state kinship guardianship assistance program (KGAP) payments as described in rules 5180:2-56-02 and 5180:2-55-03 of the Administrative Code are made, the AG is deemed to include that minor child for purposes of determining eligibility to participate in OWF.

Time spent in the following activities will meet the hours of participation as described in paragraph (D) of this rule.

(1) Unsubsidized employment;

(2) Subsidized private sector employment;

(3) Subsidized public sector employment;

(4) Work experience program (WEP);

(5) On-the-job-training (OJT);

(6) Job search and job readiness assistance;

(7) Community services;

(8) Vocational education training;

(9) Providing child care to an individual who is participating in a community services program;

(10) Job skills training directly related to employment;

(11) Education directly related to employment, in a case of a recipient who has not received a high school diploma or a certificate of high school equivalency;

(12) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate;

(13) Parenting classes, job skills and life skills training;

(14) Participation in a alcohol or drug addition program certified by the department of mental health and addiction services under section 5119.36 of the Revised Code;

(15) Finding a home in the case of a homeless AG;

(16) Residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence or participating in criminal justice activities against the domestic violence offender;

(17) Attending English as a second language course;

(18) Applying for or appealing a social security disability insurance benefit;

(19) Attending medical appointments or counseling;

(20) Intensive case management; and

(21) Participation in an assessment or vocational rehabilitation program with opportunities for Ohioans with disabilities.

(D) What are the hourly work requirements for a WEI?

(1) All WEIs shall be assigned to one or more work activities or alternative activities as described in paragraph (C) of this rule, and participate at least the following number of hours except as provided in paragraphs (D)(2) to (D)(4) of this rule:

(a) An AG containing one WEI is to participate at least an average weekly amount of thirty hours (one hundred thirty hours monthly).

(b) An AG containing at least two WEIs and not receiving federally funded child care are to participate at least an average total weekly amount of thirty-five hours (one hundred fifty-two hours monthly).

(c) An AG containing at least two WEIs and an adult in the family is not disabled or is not caring for a child with a disability, and is receiving federally funded child care are to participate at least an average total weekly amount of fifty-five hours (two hundred thirty-eight hours monthly).

(d) An AG containing two WEIs where one parent is disabled is to participate, at least an average total weekly amount of thirty hours (one hundred thirty hours monthly).

(e) An AG that includes a WEI who is the only parent or specified relative in need in the family of a child under six years of age, at least an average weekly amount of twenty hours (eighty-seven hours monthly).

(f) Single custodial parent.

For any fiscal year, a county agency may at its option, assign a WEI who is a single custodial parent caring for a child under the age of twelve months to one or more alternative activities for a number of hours a week determined by the county agency.

(g)

(2) There are circumstances when the county agency may reduce a WEI's hours of participation in a work activity to less than the weekly hours otherwise required. The county agency shall document the reason for not assigning the participant to all or some of the required hours. The comprehensive assessment shall be used to determine when it is appropriate to assign a reduced number of hours.

A reduction in the hours of participation may be a reasonable modification when an individual discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities. The county agency will act in accordance with rule 5101:9-3-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency.

(3) After a WEI is assigned to a work activity or alternative activity a county agency shall place the WEI in the assigned activity as soon as the activity becomes available. Until the activity is available, a county agency shall assign a WEI to another activity as appropriate.

(4) Participation in a work activity may be waived due to domestic violence, as described in rule 5101:1-3-20 of the Administrative Code.

(5) One work eligible parent may complete all required work activity hours for a two-parent AG.

(6) Alternative activities

(a) When a county agency determines that a WEI has a temporary or permanent barrier to participation in a work activity, it may assign a WEI to one or more alternative activities pursuant to rule 5101:1-3-12.12 of the Administrative Code.

(b) There are no minimum number of hours required for assignment in alternative activities.

(7) A county agency may reassign a WEI when the county agency determines reassignment will aid the AG in achieving self sufficiency and personal responsibility and shall make reassignments when circumstances requiring reassignment occur, including when a temporary barrier to participating in a work activity is eliminated as determined by the comprehensive assessment.

(8) Every adult WEI twenty-five or older participating in OWF is to complete a financial literacy course as a job search and job readiness activity after OWF approval. The financial literacy course is to be provided through one of the following entities:

(a) The OhioMeansJobs website (OhioMeansJobs.com) and/or the closest OhioMeansJobs center;

(b) An extension office of the Ohio state university; or

(E) Can a WEI applicant(s) be assigned to a work activity?

Job search and job readiness activities, as defined in rule 5101:1-3-12.5 of the Administrative Code, are the only activities an applicant(s) of OWF can be assigned.

(F) When are work hours deemed to have been met?

(1) A recipient who is married or a head of household and has not attained twenty years of age is deemed to be participating the number of hours for a month in a fiscal year when the recipient:

(a) Maintains satisfactory attendance at secondary school or the equivalent during the month; or

(b) Participates in education directly related to employment for an average of at least twenty hours per week during the month.

(2) For a married recipient, such participation counts as the greater of twenty hours or the actual hours of participation.

(3) When both parents in the family are under twenty years old, the work requirements specified in paragraph (D)(1)(c) of this rule are met when both meet the conditions of paragraph (F)(1)(a) or (F)(1)(b) of this rule.

(G) Which holidays are countable towards the hourly participation requirement?

(1) Pursuant to 45 C.F.R. 261.60 (2/2008) the following ten holidays are limited to:

(a) New Years day, January first;

(b) Birthday of Martin Luther King Jr., the third Monday in January;

(d) Memorial day, the last Monday in May;

(e) Independence day, July fourth;

(f) Labor day, the first Monday in September;

(g) Columbus day, the second Monday in October;

(h) Veteran's day, November eleventh;

(i) Thanksgiving day, the fourth Thursday in November; and

(j) Christmas day, December twenty-fifth.

(2) In order to count a holiday as actual hours of participation, the WEI shall have been scheduled to participate on that day but for the holiday.

(H) What occurs when a WEI fails to complete the assigned hours?

(1) Single custodial parent with a child under six:

The county agency shall inform single custodial parents caring for a child under six years of age of the following requirements, and may include this information on the participant's self sufficiency contract (SSC).

(a) The provisions in rule 5101:1-3-13 of the Administrative Code;

(b) The exception to imposing a three-tier sanction when the single custodial parent demonstrates an inability to obtain needed child care;

(d) The fact that the exception to participation in work activities does not extend the OWF time limits; and

(e) The right to a state hearing.

Documentation to confirm that parents have been informed of this provision shall be contained in the case file.

(2) All others with missed hours:

Missed hours of participation in a month may be made up by a WEI within the same month at the discretion of the county agency. Any missed hours of participation that are not made up by an individual may be considered good cause when they meet one of the good cause reasons described in rule 5101:1-3-13 of the Administrative Code. Any missed hours of participation that are not made up within the month or that good cause cannot be established are subject to the three-tier sanction provisions as described in rule 5101:1-3-15 of the Administrative Code.

(3) When the county agency determines that the provisions of rule 5101:1-3-13 of the Administrative Code do not apply, the county agency shall apply the sanction policy pursuant to rule 5101:1-3-15 of the Administrative Code.

(I) What are the supervision requirements for unpaid work activities?

(1) Participation in unpaid activities shall be supervised no less frequently than once each day that the individual is scheduled to participate.

(2) Daily supervision means that a responsible party has daily responsibility for oversight of the individual's participation, not necessarily daily, in-person contact with the participant.

(3) WEIs shall be supervised by one of the following:

(a) The employer;

(b) The work supervisor; or

(J) How are hours of participation in unpaid activities verified?

(1) All actual hours of participation shall be verified on a monthly basis.

(2) Verification is considered to be met when the county agency has received confirmation of the actual hours of participation.

(3) All assigned hours of participation shall be accounted for by the county agency.

(4) Verified hours of participation shall be entered into the Ohio benefits integrated eligibility system in a timely manner.

(5) Acceptable types of verification for hours participated include but are not limited to the following:

(a) The Ohio benefits integrated eligibility system generated schedule;

(b) JFS 06910 "Record of Attendance Report";

(d) Data exchange report;

(e) Documented phone contact with the work site or other methods determined acceptable by the county agency as long as the following are included:

(i) The participant's name;

(ii) An accounting of all assigned hours of participation at that participation site;

(iii) The name and location of the participation site;

(iv) The name of the participant's work site supervisor; and

(v) The name and phone number of the person verifying the hours.

(K) How are hours of participation in paid activities verified?

(1) A county agency shall verify the participation hours for unsubsidized employment, subsidized employment program (SEP) and on-the-job training (OJT) at least once every six months.

(2) When hours have been reported on an interim report issued and verified pursuant to rule 5101:4-7-01 of the Administrative Code, the verified hours shall be used as a six month projection of hours of participation.

(3) The hours verified during the application and reapplication process as described in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code shall be used as a six month projection of hours of participation.

(4) The county agency shall determine monthly work participation hours by multiplying the average weekly number of hours by 4.33.

(L) How are the work assignments affected by the Fair Labor Standards Act (12/2022) (FLSA)?

(1) WEIs assigned to the work experience program (WEP) and community service activities are subject to FLSA requirements contained in 29 U.S.C. 201 (12/2022).

(2) "To employ" is defined for purposes of complying with FLSA as "to suffer or permit to work."

(3) WEP and community service activities should be examined by the county agency to determine whether each assigned activity is subject to FLSA.

(4) The maximum monthly hours of participation allowable under FLSA are determined as follows:

(a) The OWF grant (before recoupment) and supplemental nutrition assistance program (SNAP) allotment (before recoupment) are added together;

(b) Child support collections received in the month and retained to reimburse the state or federal government for the current month's OWF payment are subtracted from the total in paragraph(L)(4)(a) of this rule.

(c) The net amount in paragraph (L)(4)(b) of this rule is divided by the higher of the state or federal minimum wage to determine the maximum allowable hours of monthly participation in WEP or community service.

(5) When the child support received is fluctuating or not representative of the current child support payments, the county agency shall convert the child support payments to a monthly average using the process defined in rule 5101:1-23-20 of the Administrative Code. The county agency shall use child support payments collected and retained in the immediately preceding three month period to determine an average amount to be used in the calculation of maximum monthly hours of participation allowable under FLSA.

(6) Any work allowance amount issued is excluded from the calculation of monthly FLSA hours of participation.

(7) When a work assignment is subject to the requirements of the FLSA and the allowable assignment for hours of participation falls below the hour requirement as described in rule 5101:1-3-01 of the Administrative Code, the county agency shall assign another activity not subject to FLSA to fulfill the hours, except as provided in paragraph (D)(4) of this rule.

(M) What other requirements pertain to OWF work activities?

(1) No WEI shall be assigned to a work activity or alternative activity when the employer removes or discharges a person, for the purpose of substituting the individual in the person's place in any of the following circumstances:

(a) The person is already employed as a regular full-time or part-time employee of the employer;

(b) The person has been employed full time or part time as a WEI in a work activity or alternative activity;

(d) The person is on layoff from the same or any substantially equivalent job.

(2) No employer shall hire an OWF recipient or WEI part-time to circumvent hiring a full-time employee.

(3) The county agency shall establish and maintain a grievance procedure for resolving complaints by individuals or their representatives that the assignment of a WEI violates the provisions described in paragraph(M)(1) of this rule.

(4) Except for a WEI who is assigned to subsidized employment as described in rule 5101:1-3-12.2 of the Administrative Code or unsubsidized employment as described in rule 5101:1-3-12.1 of the Administrative Code, credit for work performed by a WEI in a work activity or alternative activity does not constitute remuneration for the purpose of Chapter 124. or 145. of the Revised Code and services performed by the WEI do not constitute employment for the purposes of Chapter 4141. of the Revised Code.

(5) The county agency shall implement and enforce the requirements of this rule. State and local agencies shall cooperate with the county agency to the maximum extent possible in the implementation of these sections.

(6) In employing persons to administer and supervise work activities and alternative activities, a county agency shall give first consideration to applicants for OWF and WEIs provided such applicants and WEIs qualify for the administrative and supervisory positions to be filled. An applicant or WEI shall be eligible for first consideration only within the county that the applicant applies for OWF or a WEI participates in OWF.

(7) Subject to the availability of funds and except as limited by section 5107.58 of the Revised Code, a county agency shall provide support services it determines to be necessary for OWF participants placed in a work activity, developmental activity, or alternative work activity. A county agency may provide support services it determines to be necessary for OWF applicants placed in a job search or job readiness activity established under section 5107.50 of the Revised Code. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services.

(8) The assignment of a WEI pursuant to this rule or its supplemental rules shall be consistent with rule 5101:9-3-02 of the Administrative Code and the ADA plan adopted by the county agency.

Last updated October 1, 2026 at 9:26 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.1 Unsubsidized employment.

(A) Which section of the Revised Code applies to unsubsidized employment?

(1) Section 5107.05 of the Revised Code authorizes the director of job and family services to adopt rules as necessary to comply with Title IV-A, Title IV-D, federal regulations, state law and the state plan.

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.54, 5107.541 and 5107.61 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated in this rule.

(B) What is unsubsidized employment?

(1) Unsubsidized employment means full or part time employment in the private or public sector that is not subsidized by temporary assistance for needy families (TANF) or any other public program.

(2) When an employer received a direct subsidy for hiring a recipient from TANF or other public funds, that recipient is considered to be in a subsidized public or private sector employment, not unsubsidized employment.

(3) Recipients whose employers claim a tax credit for hiring economically disadvantaged workers are considered to be participating in unsubsidized employment.

(4) Self employment will count as unsubsidized employment.

(1) Verified hours of unsubsidized employment shall count toward work participation. Hours for unsubsidized employment shall be verified at least once every six months, as described in rule 5101:1-3-12 of the Administrative Code.

(2) Hours of self employment are determined by dividing the individual's self employment income (gross receipts less business expenses) by the federal minimum wage.

(3) Hours of employment resulting from in-kind or barter income, defined as an exchange of property or services, shall count toward work participation.

Last updated September 17, 2026 at 11:46 AM

History

Effective: August 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.2 Subsidized public and private employment.

(A) Which section of the Revised Code applies to subsidized public and private employment?

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.52 of the Revised Code.

(B) What is the definition of subsidized private and/or public sector employment?

(1) Subsidized private and/or public sector employment means employment for which the employer receives a subsidy from temporary assistance for needy families (TANF) or other public funds to offset some or all of the wages and costs of employing an individual. Work study that involves paid employment provided by an educational institution meets the definition of subsidized employment when the individual's earnings are subsidized by the educational institution.

(2) Hours of participation in substance abuse treatment, mental health treatment or rehabilitation activities or various other barrier removal or educational activities may count when the individual is paid for these hours as part of subsidized employment.

(3) An employer can receive up to twelve monthly subsidy payments per individual placed with that employer. Longer durations may be appropriate for supported employment with individuals with disabilities as long as they are justified by an individualized needs assessment. The county agency shall determine when the subsidy will begin and when the subsidy shall end in accordance with the subsidized employment contract.

(4) A subsidized employment program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(5) What are acceptable models of subsidized employment?

Acceptable models of subsidized employment include but are not limited to:

(a) The use of a third party who acts as the employer of record for a trial period, such as a temporary staffing agency. The organization receives a fee from the county agency or other public agency to cover the participant's salary and supportive services; or

(b) The use of supported work for individuals with disabilities, as defined under the Rehabilitation Act of 1973, 29 U.S.C. 705(35). Supported work for individuals with disabilities means work in an integrated setting (i.e. where people with and without disabilities work in the same place) for a wage consistent with those paid to non-disabled workers with similar job functions.

(c) The use of transitional jobs for hard-to-employ Ohio works first participants. Transitional jobs provide time-limited, paid work experience combined with a comprehensive set of services in order to help participants overcome barriers to employment and build work related skills.

Last updated September 17, 2026 at 11:46 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.3 Work experience program.

(A) Which section of the Revised Code applies to the work experience program (WEP)?

(B) What is the definition of a work experience program ?

(1) WEP is a work activity that is:

(a) Performed in return for cash assistance; and

(b) Provides an individual an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

(2) WEP activities may include, but are not limited to:

(a) Work associated with the refurbishing of publicly assisted housing;

(b) Service as an Ohio works first (OWF) ombudsperson pursuant to sections 329.07 and 5107.61 of the Revised Code; and

(c) Work as a school volunteer or classroom aide. A work-eligible individual may be assigned at a nonpublic or public school when they have a minor child enrolled in that school. Assignments pursuant to this paragraph shall meet the definition of WEP.

(i) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(ii) A contract shall provide for a participant to volunteer or work at the school as a classroom aide. When that is impossible or impractical, the contract may provide for the participant to volunteer to work in another position at the school.

(iii) A contract may provide for the nonpublic school or board of education to receive funding to pay for coordinating, training, and supervising participants volunteering or working in schools.

(iv) Notwithstanding section 3319.088 of the Revised Code, a participant volunteering or working as a classroom aide under this section is not required to obtain an educational aide permit or paraprofessional license. The participant shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

(1) Job search and job readiness activities;

(2) Vocational education;

(3) Caring for a disabled family member; and

(4) Attending medical appointments.

(D) What requirements apply to WEP?

(1) Hours assigned to WEP are subject to the Fair Labor Standards Act (5/2011) requirements pursuant to paragraph (J) of rule 5101:1-3-12 of the Administrative Code.

(2) Each county agency shall make a list of WEP sites available to the public.

(3) Work-eligible individuals assigned to WEP are not employees of the Ohio department of job and family services (ODJFS) or the county agency. The operation of WEP does not constitute the operation of an employment agency by the ODJFS.

(4) A work eligible individual is to be placed in and participating in WEP in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the work eligible individual unless a county agency pays the premiums for the entity.

Last updated September 17, 2026 at 11:46 AM

History

Effective: October 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.4 On-the-job training.

(A) Which section of the Revised Code applies to on-the-job training?

(2) The county agencies are to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.60 of the Revised Code.

(B) What is on-the-job training?

(1) On-the-job training means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides the knowledge and skills essential to the full and adequate performance on the job.

(2) Paid internships and situations in which someone is engaged in subsidized employment and training may be considered on-the-job training.

Last updated September 17, 2026 at 11:46 AM

History

Effective: April 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.5 Job search and job readiness assistance.

(A) Which section of the Revised Code applies to job search and job readiness assistance?

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40 and 5107.50 of the Revised Code.

(B) What is the definition of job search and job readiness assistance?

(1) Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, substance abuse treatment, mental health treatment, or rehabilitation activities. Treatment or therapy is to be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional.

(2) The following activities do not meet the definition of job search and job readiness assistance:

(a) Child's dental checkups, immunizations, and school attendance;

(b) Parenting skills training;

(d) Personal care;

(e) Activities that promote a healthier lifestyle.

(3) A county agency may utilize the services of private and governmental entities under contract with the county agency in operating the program.

(C) What are the limitations in counting job search and job readiness assistance participation hours toward the federal work participation rate?

(1) An individual's participation in job search and job readiness assistance counts for no more than six weeks in the preceding twelve months.

(2) Travel time to and from work sites does not count toward the participation requirements. However, the time an individual spends in job search and job readiness assistance traveling between multiple interviews may be counted in the hours of participation.

(3) For the six week limitation on participation, a week is defined as:

(a) Twenty hours for a work eligible individual who is a single custodial parent with a child under six years of age; or

(b) Thirty hours for all other work eligible individuals.

(4) Six weeks of job search and job readiness assistance equals:

(a) One hundred twenty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(a) of this rule; and

(b) One hundred eighty hours in a twelve-month period for each work eligible individual described in paragraph (C)(3)(b) of this rule.

(5) No more than four of the six weeks may be consecutive.

(6) For purposes of the four consecutive week period, the following provisions are applicable:

(a) A week means seven consecutive days;

(b) Any hours of participation in job search and job readiness assistance activities in the seven consecutive day period is to count as an entire week.

(c) Once an individual has four consecutive weeks of participation, that individual's participation in job search and job readiness assistance may not count for one week (i.e., seven consecutive days).

Last updated September 17, 2026 at 11:46 AM

History

Effective: May 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.6 Community service.

(A) Which section of the Revised Code applies to community service?

(2) The county department of job and family services will administer the work activity programs in accordance with requirements contained in this rule and not in accordance with sections 5107.40, 5107.541 and 5107.60 of the Revised Code.

(B) What is community service?

Community service means structured programs and embedded activities that Ohio works first (OWF) work eligible individuals (WEI) perform work for the direct benefit of the community under the direction of public or nonprofit organizations, and are also designed to improve the employability of individuals not otherwise able to obtain unsubsidized full-time employment.

(1) Community service programs shall be limited to projects that serve a useful community purpose in fields such as:

(a) Health;

(b) Social service;

(d) Education;

(e) Urban or rural development;

(f) Welfare;

(g) Recreation;

(h) Public facilities;

(i) Public safety; and

(j) Child care.

(2) The following activities do not meet the definition of community service:

(a) Substance abuse treatment programs;

(b) Mental health and family violence counseling;

(d) Parenting classes;

(e) Job readiness instruction; and

(f) Caring for a disabled household member.

(3) A county agency shall take into account to the extent possible, the prior training, experience and skills of an assistance group member in making an appropriate community service assignment.

(D) What educational activities meet the definition of community service?

(1) A county agency may contract with the chief administrator of a nonpublic school or with any school district board of education that has adopted a resolution under section 3319.089 of the Revised Code.

(2) A WEI who has a minor child enrolled in a nonpublic school or a public school in the district may be assigned under the community service program to volunteer or work for compensation at the school that the child is enrolled.

(3) Unless it is not possible or practical, a contract is to provide for a WEI to volunteer or work at school as a classroom aide. If that is impossible or impractical, the contract may provide for the WEI to volunteer to work in another position at the school.

(4) A contract may provide for the nonpublic school or board of education to receive funding to pay for the coordination, training, and supervision of WEIs who are volunteering or working in schools.

(5) Notwithstanding section 3319.088 of the Revised Code, a WEI volunteering or working as a classroom aide under this rule is not required to obtain an educational aide permit or paraprofessional license. The WEI is not to be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code and is not entitled to any immunity or defense available under that chapter, the common law of this state, or section 9.86 of the Revised Code.

(E) Are community service activities subject to the Fair Labor Standards Act (12/2022) (FLSA)?

Hours assigned to community service shall be in compliance with the FLSA requirements set forth in rule 5101:1-3-12 of the Administrative Code.

(F) Who is responsible for workers compensation premiums?

A WEI is to be placed in and participating in a community service activity in order for a private or government entity to pay premiums to the bureau of workers' compensation on account of the WEI unless a county agency pays the premiums for the entity.

Last updated September 17, 2026 at 11:46 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.7 Vocational educational training.

(A) Which section of the Revised Code applies to vocational education training?

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.01, 5107.40, 5107.43, 5107.58 and 5107.60 of the Revised Code.

(B) What is vocational educational training?

(1) Vocational educational training means organized education programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training.

(2) Vocational educational training shall be provided by education and training organizations.

(3) Acceptable types of vocational educational training include, but are not limited to:

(a) Baccalaureate or advanced degrees;

(b) Associate degree;

(d) Industrial skills certificate;

(e) Non-credit coursework; and

(f) Basic skills education and English as a second language (ESL) courses when they are a necessary and regular part of the vocational educational training.

(1) Hours of participation are actual hours spent in the classroom not semester or quarter credit hours.

(2) The county agency may count supervised homework time and up to one hour of unsupervised time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular education institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(D) What are the limitations on counting vocational educational training toward work participation?

(1) For each work eligible applicant or participant no more than twelve months of vocational educational training will count toward work participation in a lifetime.

(2) Not more than thirty per cent of the number of individuals assigned to vocational educational training in all families and in two parent families shall count toward monthly work participation as described in rule 5101:1-3-01 of the Administrative Code.

(E) How is tuition covered?

(1) The participant shall make reasonable efforts, as determined by the county agency, to obtain a loan, scholarship, grant or other assistance to pay for the tuition, including a federal pell grant under 20 U.S.C. 1070a(12/2015), an Ohio instructional grant under section 3333.12 of the Revised Code, and an Ohio college opportunity grant under section 3333.122 of the Revised Code.

(2) When the participant is unable to obtain sufficient assistance to pay the tuition the Ohio works first program may pay the tuition. The county agency may enter into a loan agreement with the participant to pay the tuition. The total period for which tuition is paid and loans made shall not exceed two years.

(3) When the participant volunteers to participate in the vocational education program for more hours each week than the hours assigned, the program may pay or the county agency may loan the cost of the tuition for the assigned number of hours.

(4) A county agency that provides loans pursuant to paragraph (E)(2) of this rule shall establish procedures governing loan application for and the approval and administration of loans granted.

Last updated September 17, 2026 at 11:46 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.8 Providing child care services to an individual who is participating in a community service program.

(A) Which section of the Revised Code applies to providing child care services to an individual who is participating in a community service program?

(2) The county agencies shall administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.40, 5107.541 and 5107.60 of the Revised Code. All applicable requirements contained in the referenced Revised Code sections have been incorporated into this rule.

(B) What does providing child care services to an individual who is participating in a community service program mean?

(1) Providing child care services to an individual who is participating in a community service program is a work activity in which a work-eligible individual provides child care to enable another work-eligible individual to participate in a community service program as described in rule 5101:1-3-12.6 of the Administrative Code.

(2) Providing child care to enable Ohio works first recipients to participate in other work activities does not meet this definition.

(1) The activity shall be a structured program designed to improve the employability of work-eligible individuals who participate in this activity.

(2) In a two-parent family, one parent cannot count as participating by providing child care for his or her own children while the other parent participates in a community service activity.

Last updated September 17, 2026 at 11:46 AM

History

Effective: April 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.9 Job skills training directly related to employment.

(A) Which section of the Revised Code applies to job skills training directly related to employment?

(B) What is job skills training directly related to employment?

(1) Job skills training directly related to employment means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.

(2) Job skills training includes, but is not limited to the following:

(a) Customized training to meet the needs of a specific employer. Customized training can include literacy instruction or language instruction when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job skills training;

(b) General training that prepares an individual for employment; and

(3) Post-secondary education leading to a baccalaureate or advanced degree may fall within the definition as long as it is directly related to a specific job or occupation. Participants can be assigned to this activity after the twelve months of vocational educational training has been used.

(4) The following activities do not meet the definition of job skills training directly related to employment:

(a) Substance abuse counseling and treatment;

(b) Mental health services; and

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation may not exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

Last updated September 17, 2026 at 11:46 AM

History

Effective: August 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.10 Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(A) Which section of the Revised Code applies to education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency?

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.40 and 5107.60 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is the definition of "education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency?"

(1) Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency is defined as education related to a specific occupation, job or job offer.

(2) When required as a prerequisite for employment by employers or occupation this activity may include, but is not limited, to the following:

(a) Courses designed to provide the knowledge and skills for specific occupations or work settings;

(b) Adult basic education;

(d) Education leading to a high school equivalency diploma. The county agency may determine on a case-by-case basis whether an immigrant or refugee who holds a high school diploma from another country, but not from an American high school or its equivalent, can qualify to participate in this activity. The determination will be based upon the comprehensive assessment, documenting the fact that verification is either unattainable or the overseas diploma is not comparable to an American diploma or high school equivalency diploma.

The county agency may count supervised homework time and up to one hour of unsupervised homework time for each hour of class time. Total homework time counted for participation cannot exceed the hours required or advised by a particular educational institution. The county agency shall document the homework expectations of the educational program in order to count homework time.

(D) What is the high school equivalence diploma?

High school equivalence diploma means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on a test of general educational development (GED) as published by the "American Council on Education." High school equivalence diploma includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

Last updated September 17, 2026 at 11:46 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.11 Satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(A) Which section of the Revised Code applies to satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate?

(B) What is the work activity known as "satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate?"

(1) This work activity is defined as regular attendance in the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of high school equivalence for a work eligible individual who has not completed secondary school or received such a certificate. This includes hours of attendance in the following activities as long as they are an integral part of attaining a certificate of high school equivalence:

(a) English as a second language;

(b) Career training;

(d) Tutoring;

(e) Dropout prevention; and

(f) Teen pregnancy or parenting programs.

(2) This activity shall not include other related education activities, such as adult basic education or language instruction unless it is linked to attending a secondary school or leading to a certificate of high school equivalence.

(D) What is the certificate of high school equivalence?

The certificate of high school equivalence is a diploma attesting to achievement of the equivalent of a high school education as measured by scores obtained on a high school equivalency test. This includes a certificate of high school equivalence issued prior to January 1, 1994, attesting to the achievement of the equivalent of a high school education as measured by scores obtained on tests of general educational development. This program formerly issued the general equivalency diploma (GED).

Last updated September 17, 2026 at 11:46 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-12.12 Alternative activities.

(A) Which section of the Revised Code applies to alternative activities?

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.40, 5107.42, 5107.43 and 5107.64 of the Revised Code.

(B) What are alternative activities?

(1) Alternative activities are activities designed to promote self sufficiency and personal responsibility that are intended to address temporary and permanent barriers to participating in work activities. The county agency should consider the individuals well being score when determining the appropriate alternative activity.

(2) Acceptable types of alternative activities include, but are not limited to:

(a) Parenting classes, job skills and life-skills training;

(b) Participation in an alcohol or drug addiction program certified by the department of mental health and addiction services under section 5119.36 of the Revised Code;

(d) Residing in a domestic violence shelter, receiving counseling or treatment related to the domestic violence or participating in criminal justice activities against the domestic violence offender;

(e) Attending English as a second language course;

(f) Applying for or appealing a social security disability insurance benefit;

(g) Attending medical appointments or counseling;

(h) Intensive case management; and

(i) Participation in an assessment or vocational rehabilitation program with opportunities for Ohioans with disabilities.

Last updated September 17, 2026 at 11:46 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-13 Ohio works first: good cause for work activity failures.

(A) Which section of the Revised Code applies to good cause for work activity failures?

(2) The county agency is to administer the work activity programs in accordance with the requirements contained in this rule and not in accordance with sections 5107.14, 5107.161 and 5107.162 of the Revised Code. All applicable requirements contained in the Revised Code sections referenced have been incorporated into this rule.

(B) What is good cause for work activity failures?

(1) "Good cause" is defined as a valid reason a work eligible individual failed to comply with a provision of their self sufficiency contract requirements.

(2) For each failure, refusal or absence, the county agency shall determine when good cause exists.

Good cause reasons are limited to the following:

(1) Illness of the work eligible individual or of another family member related by blood, marriage or adoption, living in the same household, when care by the work eligible individual was necessary;

(2) For either the work eligible individual or a family member living in the same household, a previously scheduled appointment necessary for medical, dental, or vision care.

(3) A previously scheduled job interview for a work eligible individual, including any subsequent interviews and/or testing requirements.

(4) Court ordered appearances.

(5) Appointment with another social service agency or program.

(6) Death in the family, with the length of absence to be determined by the county agency. "Family" is defined as spouse, domestic partner (domestic partner is defined as one who stands in place of a spouse and who resides with the work eligible individual), child, grandchild, parents, grandparents, siblings, stepchild, stepparent, step-siblings, great-grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or legal guardian or other person who stands in the place of a parent.

(7) A school, place of work or worksite is closed for the day.

(8) Lack of child care.

How is lack of child care determined?

In determining when good cause exists for nonparticipation with a work requirement for a work eligible individual, the county agency shall determine when child care is a necessary supportive service when a single custodial parent caring for a minor child under age six proves a demonstrated inability for one or more of the following reasons:

(a) Unavailability of a licensed or certified child care provider within a reasonable distance from the parent's home or work site. "Reasonable distance" is defined by each county agency and is based on availability of transportation.

(b) Unavailability or unsuitability of informal child care by a relative or other arrangements. "Unsuitability of informal child care" is a decision made by the county agency and is based on information received from the public children services agency (PCSA) that the PCSA determines is relevant to share with the county agency in order to protect children pursuant to rule 5101:2-33-21 of the Administrative Code.

(c) Unavailability of appropriate and affordable formal child care arrangements. "Affordable child care arrangements" means that work eligible individuals are guaranteed eligibility for child care subsidy with copayments based on family size and income.

(9) A failure of the county agency to provide supportive services.

(10) A failure of the county agency to provide the work eligible individual with all information necessary about the assignment.

(11) Circumstances involving domestic violence that make it difficult for the individual to comply in full with a provision of the self sufficiency contract, in accordance with rule 5101:1-3-20 of the Administrative Code.

(12) Other circumstances determined on a case by case basis by the county agency.

(D) How should a claim of good cause be documented?

(1) Verification of good cause may be required of the work eligible individual at the county agency's discretion.

(2) The county agency may request verification by a third party for a good cause claim.

(3) The county agency shall allow the work eligible individual no more than ten days from the request of verification to provide requested good cause verification.

(4) The work eligible individual has primary responsibility for providing verification to support the claim of good cause and resolve any questionable information.

(5) A work eligible individual may supply good cause verification in person, through the mail, by fax, electronically, through an authorized representative, or through the primary information person. The county agency shall not require the work eligible individual to present verification in person.

(E) What happens when good cause is not found?

When the claim of good cause is not found to be valid, the county agency shall either:

(1) Allow the work eligible individual to make up the missed hours of participation within the same month in accordance with rule 5101:1-3-12 of the Administrative Code; or

(2) Impose a new or continue an existing sanction in accordance with rule 5101:1-3-15 of the Administrative Code.

Last updated June 1, 2022 at 8:21 AM

History

Effective: June 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-14 Ohio works first: penalties.

(A) Which rules apply to penalties?

(2) The county agency shall administer the work activity programs in accordance with the requirements contained in this rule. This rule seeks to clarify sections 5107.14, 5107.16, 5107.41 and 5107.70 of the Revised Code.

(B) What is a penalty?

A penalty is a negative action that occurs in certain situations that are not subject to the three tier sanction policy set forth in rule 5101:1-3-15 of the Administrative Code but continue to be subject to existing statutory and administrative rule penalties even if the requirement is included as part of the assistance group's self sufficiency contract (SSC) or individual opportunity plan (IOP). The individual who is under penalty remains a work eligible individual (WEI) as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code. The following list of penalties is not all inclusive.

(1) What penalties result in the denial or termination of Ohio works first (OWF)?

(a) Failure or refusal to sign the SSC or IOP by a WEI as set forth in rule 5101:1-3-11 of the Administrative Code.

(b) Failure without good cause to attend a comprehensive assessment by a WEI in accordance with rule 5101:1-2-01 of the Administrative Code.

(c) Failure or refusal to cooperate in the application and reapplication process (including failure to appear for scheduled appointments) and provide required verifications necessary to determine eligibility as described in rules 5101:1-2-01 and 5101:1-2-10 of the Administrative Code.

(d) Failure or refusal to accept unconditionally available income as described in rule 5101:1-23-20 of the Administrative Code.

(2) What penalties result in a reduction of the OWF grant and/or the removal of an individual?

(a) Failure to cooperate in the enumeration process as described in rule 5101:1-3-09 of the Administrative Code results in the removal of the individual(s) for whom enumeration verification has not been provided for the OWF benefits.

(b) A teen parent subject to learning, earning and parenting (LEAP) as described in rule 5101:1-23-50 of the Administrative Code, who fails without good cause to meet the LEAP assessment and orientation requirements and who meets the following conditions, is not eligible to participate in OWF:

(i) The teen is under the age of eighteen;

(ii) The teen has a child and his or her child is at least twelve weeks of age;

(iii) The teen has not successfully completed high school or its equivalent; and

(iv) The teen is not attending school, or an alternate education or training program defined by the county agency.

(c) A LEAP attendance failure as set forth in section 5107.30 of the Revised Code and rule 5101:1-23-50 of the Administrative Code results in a reduction of the OWF grant.

(d) A learnfare failure as set forth in section 5107.28 of the Revised Code results in a reduction of the OWF grant.

(e) An individual who is a fugitive felon as defined in section 5101.26 of the Revised Code is not eligible to be included in the OWF grant.

(f) An individual who is violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under federal or state law for a felony is not eligible to be included in the OWF grant.

The county agency shall utilize the following procedure when it has information that an individual may be ineligible under paragraphs (B)(2)(e) and (B)(2)(f) of this rule:

(i) The county agency shall contact the appropriate law enforcement agency to give the law enforcement agency thirty days to determine if the individual is fleeing and to arrest or extradite the individual.

(ii) When the law enforcement agency arrests or extradites the individual within thirty days, the county agency shall take appropriate action to remove the individual from the assistance group if he or she is no longer a member of the household.

(iii) When the law enforcement agency has not been able to arrest or extradite the individual by the end of the thirty days, the county agency shall take appropriate action to impose ineligibility under this rule for as long as the law enforcement agency continues to take appropriate action to arrest or extradite the individual and provides documentation.

(iv) When the law enforcement agency indicates it will not attempt to arrest or extradite the individual within thirty days or that the individual is not fleeing, the county agency shall not impose ineligibility under this rule.

(3) What time-limited penalties result in the denial or termination of OWF?

(a) Termination of employment without just cause as described in section 5107.26 of the Revised Code results in the imposition of a six month period of ineligibility for OWF.

(i) For OWF participants, the six month period begins the month after the month in which employment is terminated.

(ii) For transitional child care participants, the six month period begins the month in which the employment is terminated. This penalty only applies to transitional child care assistance groups that were in receipt of OWF cash assistance on the day prior to the day that the assistance group began receiving the transitional child care benefits. There is no penalty if the individual who terminated employment without just cause is not an OWF transitional child care participant.

(b) Receipt of fraudulent assistance as set forth in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code results in ineligibility for the assistance group until the fraudulent assistance is repaid.

(c) Refusal to cooperate with a quality assessment (QA) review results in termination of OWF for the assistance group. "Refusal to cooperate with a quality assessment review" means that the assistance group is able to cooperate but refused to take the actions that it can take to assist in verifying the assistance group's eligibility. The OWF assistance group is ineligible for OWF for a period of three calendar months or until the assistance group cooperates with the QA review, whichever is earlier.

When the QA reviewer determines that the QA review cannot be completed because the OWF assistance group member responsible for cooperating with the QA review refuses to cooperate as defined in this paragraph, the QA reviewer will notify the county agency of the individual's refusal to cooperate. In accordance with the provisions set forth in rule 5101:6-2-04 of the Administrative Code, the county agency must send prior notice of adverse action to the assistance group prior to imposing the penalty. OWF assistance must be terminated as of the next recurring month following the expiration of the adverse action period, unless a hearing is timely requested pursuant to the provisions set forth in division 5101:6 of the Administrative Code.

(4) What penalty is time-limited and results in the reduction of OWF and the removal of the individual?

Fraudulent misrepresentation of residence resulting in a federal or state court conviction results in a ten year period of ineligibility for OWF for the individual convicted.

(a) The individual must have been convicted in federal or state court of having made a fraudulent statement or misrepresentation with respect to the place of residence in order to receive assistance simultaneously from two or more states.

(b) The ten year period begins on the date the individual is convicted in federal or state court provided that the conviction date is on or after August 22, 1996.

(c) The provision shall not apply with respect to a conviction of an individual for any month beginning after the president of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(1) The following provisions apply to the penalties listed in paragraph (B)(3) of this rule:

(a) An individual who causes the penalty carries the penalty into another assistance group which becomes ineligible due to the penalty until the period of ineligibility ends. The remaining members of the new assistance group are not affected by that penalty, unless they were members of the original assistance group at the time of the penalty. The individual who is under penalty remains a WEI as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(b) A minor child who ceases to reside with the penalized assistance group is eligible for OWF provided all eligibility requirements are met.

(c) The period of ineligibility shall be served by all remaining assistance group members in situations where the individual who caused the period of ineligibility leaves the household. This provision is not applicable to the penalty set forth in paragraph (B)(3)(c) of this rule.

(d) Individuals in a two parent assistance group who separate carry the penalty with them into the next assistance group.

(e) All individuals in the OWF assistance group or those individuals who would have been required to be included in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure are not eligible to receive OWF until the penalty has been served.

(f) Individuals who enter the home after the date of ineligibility are not eligible to receive OWF regardless of whether they would otherwise meet the eligibility requirements.

Last updated April 1, 2026 at 7:47 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-15 Ohio works first: three-tier sanctions.

(A) Which section of the Revised Code applies to three-tier sanctions?

(B) What is a sanction?

A sanction is the denial or termination of an assistance group's eligibility to participate in Ohio works first (OWF) due to a member of the assistance group failing and/or refusing to comply in full with a provision of the self sufficiency contract without good cause as set forth in rule 5101:1-3-13 of the Administrative Code.

For purposes of this rule a payment month means a calendar month and sanctions shall be imposed as follows:

(1) For a first failure or refusal, the county agency shall deny or terminate benefits for one calendar month or until the failure or refusal ceases, whichever is longer.

(2) For a second failure or refusal, the county agency shall deny or terminate benefits for three calendar months or until the failure or refusal ceases, whichever is longer.

(3) For a third or subsequent failure or refusal, the county agency shall deny or terminate benefits for six calendar months or until the failure or refusal ceases, whichever is longer.

(4) Subsequent failures and/or refusals without good cause to comply with a provision in the self sufficiency contract that occur up until the imposition of the sanction are considered the same occurrence.

(5) In a two-parent assistance group, the assistance group's number of occurrences is the higher amount that either individual incurred prior to the formation of the two-parent assistance group.

(6) Individuals in a two-parent assistance group who separate carry only the occurrences caused by their own failure and/or refusals into another assistance group.

(D) Who is included in the sanction?

All individuals in the OWF assistance group in accordance with rule 5101:1-23-10 of the Administrative Code at the time of the failure and/or refusal are included in the sanction. An assistance group must include the non-recipient work eligible individual as set forth in rule 5101:1-3-12 of the Administrative Code.

(E) When does an imposed sanction become effective?

(1) For applicant assistance groups the sanction period begins with the date of application.

(2) For recipient assistance groups the sanction period begins with the next recurring month following the expiration of the adverse action period as set forth in rule 5101:6-2-04 of the Administrative Code unless a hearing is requested pursuant to the provisions of division 5101:6 of the Administrative Code. If a hearing is requested timely and the assistance group continues to receive OWF the work requirements are applicable.

(3) If a hearing request is made within fifteen calendar days after the mailing of the notice, the imposition of the sanction is postponed. If a hearing request is made after the fifteenth day, but on or before the ninetieth day, the hearing shall be conducted but the sanction is not postponed.

(4) Sanctions shall not be held in abeyance. For assistance groups whose OWF benefits are terminated for another reason, the sanction period begins with the month after OWF is terminated for the assistance group, subject to the prior notice of adverse action requirements as set forth in rule 5101:6-2-04 of the Administrative Code.

(F) How is an assistance group notified of the proposed sanction?

Before a county agency sanctions an assistance group pursuant to paragraph (C) of this rule, the Ohio department of job and family services (ODJFS) shall provide the assistance group with written notice of the sanction failure and/or refusal dates and failed and/or refused hours when applicable.

(G) How is a sanction ended?

The assistance group member who failed or refused a provision of the self sufficiency contract must:

(1) Sign and submit to the county agency a JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement" or the statewide automated eligibility system equivalent; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the assistance group member who failed and/or refused, to comply with a provision of the self sufficiency contract without good cause, must demonstrate a willingness to comply with the self sufficiency contract through the completion of an appropriate compliance activity as assigned by the county agency as set forth in paragraph (H) of this rule.

(H) What are acceptable compliance activities?

(1) For applicant and recipient sanctions imposed due to a failure and/or refusal to complete a work activity and/or alternative activity without good cause, the compliance assignment shall:

(a) Consist of no more than the missed hours listed on the notice provided in paragraph (F) of this rule for a consecutive fourteen day period.

(b) The consecutive fourteen day period begins with the first work or alternative activity failure and/or refusal date indicated on the notice.

(d) Work eligible individuals may not complete work and/or alternative activity hours in a compliance activity prior to the imposition of the sanction.

(2) For recipient sanctions proposed due to a failure and/or refusal to cooperate with the child support enforcement agency without good cause, the sanctioned assistance group member's child support compliance activity shall be determined by the child support enforcement agency.

(3) For recipient sanctions proposed due to all other types of failures or refusals without good cause the work eligible individual's compliance activity shall be determined by the county agency.

(I) What if the compliance activity is not completed?

(1) The county agency shall determine if good cause exists for each failure, refusal or absence. If the county agency determines the failure, refusal or absence was a result of a good cause reason the hours or other compliance activity shall be considered completed by the sanctioned individual. Good cause reasons are limited to:

(a) Holidays as set forth in rule 5101:1-3-12 of the Administrative Code; and

(b) Good cause reasons as defined in rule 5101:1-3-13 of the Administrative Code.

(2) If the county agency does not find good cause for a failure and/or refusal to complete a compliance activity:

(a) For work and/or alternative compliance activities, the sanctioned individual shall start all work and/or alternative compliance activities again.

(b) For compliance with the child support enforcement agency, the sanctioned individual shall work with the child support enforcement agency until compliance is met.

(c) For other compliance activities, the sanctioned individual shall work with the county agency until the county agency determined compliance is met.

(J) When shall OWF be reinstated?

OWF shall be reinstated the first day of the month following the expiration of the minimum sanction period when all of the following are met:

(1) The assistance group member who failed and/or refused a provision of the self sufficiency contract has entered into a new or amended self sufficiency contract with the county agency;

(2) The sanction compliance activity is completed on or before the last day of the minimum sanction period; and

(3) All other eligibility requirements are met. If the assistance group's circumstances have changed such that the county agency questions the eligibility for OWF, the county agency shall request the necessary verifications, as set forth in rule 5101:1-2-20 of the Administrative Code, to establish eligibility. Every effort shall be made by the county agency to determine eligibility before the expiration of the minimum sanction period. This time frame for reinstating OWF benefits following the expiration of the sanction period may be exceeded if the following occurs:

(a) There is a failure, with good cause, to secure the necessary verifications; and

(b) The failure to secure the verifications is considered beyond the control of the county agency or the assistance group.

(K) When shall OWF benefits not be reinstated?

The situations in which OWF shall not be reinstated are when:

(1) The assistance group was sanctioned as an applicant assistance group;

(2) It is time for the assistance group's regularly scheduled eligibility redetermination; or

(3) The individual who caused the sanction has not completed sanction compliance, as set forth in paragraphs (G) and (H) of this rule, or failed and/or refused to enter into a new or amended self sufficiency contract, before the last day of the minimum sanction period.

(L) How can an assistance group get OWF benefits if they are not reinstated?

When OWF is not reinstated:

(1) The assistance group must reapply as set forth in rule 5101:1-2-01 of the Administrative Code.

(2) OWF eligibility begins either when sanction compliance has been met or the date of application, whichever is later.

(M) Does a sanction move with an assistance group member?

(1) If the individual who caused the sanction becomes a required member of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period and the completion of the sanction compliance as set forth in paragraphs (G) and (H) of this rule by the sanctioned individual.

(2) If the adults in a sanctioned assistance group who did not cause the sanction become required member(s) of a new assistance group, that assistance group is not eligible to receive OWF benefits until the expiration of the minimum sanction period.

(3) If only the minor children who no longer reside with the original sanctioned adults become required members of a new assistance group, they may be eligible for OWF and are not required to serve the minimum sanction period.

(N) What social services are sanctioned assistance groups eligible for?

An assistance group that would be participating in OWF if not for a sanction shall continue to be eligible for all of the following:

(1) Publicly funded child care in accordance with division (A)(3) of section 5104.30 of the Revised Code;

(2) Support services in accordance with section 5107.66 of the Revised Code; and

(3) To the extent permitted by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 201 (05/11), to participate in work activities and alternative activities.

Last updated January 2, 2024 at 8:45 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-15.1 Transition of Ohio works first sanctioned assistance groups and compliance.

(A) How is a self sufficiency contract failure and/or refusal for an Ohio works first (OWF) assistance group that occurred prior to September 1, 2013 ended?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred prior to September 1, 2013 must serve the minimum sanction period. The sanction shall be ended once the minimum sanction period has expired.

(B) How does an OWF assistance group sanctioned due to a self sufficiency contract failure and/or refusal prior to September 1, 2013 begin receiving OWF once that sanction has ended pursuant to paragraph (A) of this rule?

(1) The OWF assistance group will reapply under section 5107.12 of the Revised Code and rule 5101:1-2-01 of the Administrative Code; and

(2) Enter into a new self sufficiency contract as set forth in rule 5101:1-3-11 of the Administrative Code.

(C) How is a self sufficiency contract failure or refusal sanction for an OWF assistance group that occurred on or after September 1, 2013 ended?

Individuals sanctioned due to a self sufficiency contract failure and/or refusal that occurred on or after September 1, 2013 must complete the compliance process as set forth in rule 5101:1-3-15 of the Administrative Code.

Last updated December 12, 2023 at 10:01 AM

History

Effective: September 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-16 The prevention, retention, and contingency employer subsidy.

(A) What is the prevention, retention, and contingency (PRC) employer subsidy program?

Chapter 5108. of the Revised Code establishes the PRC program under which a county agency may establish an employer subsidy program.

(1) The purpose of the PRC employer subsidy programs is to provide eligible individuals an opportunity to obtain employment and provide employers an incentive to hire participants who are in need of benefits and services to overcome barriers to employment.

(2) Public and private sector employers are eligible to participate in the PRC employer subsidy programs.

(3) Employers participating in PRC employer subsidy programs shall receive a subsidy for a specific period of time to assist in the cost of hiring and providing training to the participant.

(4) The subsidized job position may be full or part time. "Full time" and "part time" is defined by the employer.

(5) Participants in a PRC employer subsidy program shall be considered regular, permanent employees of the employer. They shall be paid the same rate as other employees doing similar work and shall be entitled to the same employment benefits and opportunities for the advancement and affiliations with employee organizations that are available to other regular employees of the employer.

(6) The county agency or contract program provider and the participant shall enter into a written contract with the employer.

(a) The contract shall be effective with the first day of employment.

(b) The contract shall specify the number of hours of employment and the number of months of employer subsidy.

(c) The contract shall specify the amount of the monthly subsidy the employer will be receiving. It is recommended that this amount not exceed fifty per cent of the wages paid by the employer.

(7) The PRC subsidy program shall include the expectation of continuing employment with the participating employer after the subsidy expires or a placement component that leads to employment with another employer after the subsidy expires. The expectation of employment may be contingent upon the participant's successful completion of any probationary or training period specified in the contract and abiding by the employer's rules and regulations.

(B) What are the county agency requirements?

(1) The county agency shall work with the employer to determine the requirements for the subsidized job and screen participants for placement with the employer.

(2) The county agency shall track the subsidy payments to the employer and monitor the participant's progress in employment during the subsidy period.

(3) Subject to the availability of funds, the county agency shall provide support services the county agency determines to be necessary to assist the participant in obtaining or maintaining employment with the employer.

(4) The county agency should encourage employers to build career ladders to enable participants to move into higher skilled and higher paying positions that will lead them toward self sufficiency.

(1) Ohio works first (OWF) assistance groups who are participating in the subsidized employment program pursuant to rule 5101:1-3-12.2 of the Administrative Code and subsequently become ineligible for OWF may potentially continue to be eligible to participate in a PRC employer subsidy program provided that:

(a) The county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code; and

(b) The individual is still working for the employer and the terms of the original contract are met.

(2) An individual who is not in receipt of OWF may potentially be eligible to participate in the employer subsidy program provided that the county agency has designated the employer subsidy as a PRC program under the county's PRC plan and the individual is otherwise eligible in accordance with the requirements of Chapter 5108. of the Revised Code.

Last updated February 1, 2022 at 8:41 AM

History

Effective: February 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-18 Individual development account program.

(A) What is an individual development account program?

(1) An "individual development account" (IDA) is a trust created or organized in the United States to enable an eligible individual the opportunity to accumulate funds for purposes defined in paragraph (D)(1) of this rule.

(2) Pursuant to sections 329.11 to 329.14 of the Revised Code, a county agency may establish an IDA program for residents of the county. The program shall provide for establishment of accounts for participants and acceptance of contributions from individuals and entities, including the county agency, to be used as matching funds for deposit in the accounts.

(B) How can a county agency establish an IDA program?

(1) The county agency shall select a fiduciary organization to administer its IDA program. As described in section 329.11 of the Revised Code, a "fiduciary organization" is defined as a nonprofit fundraising organization exempt from federal taxation pursuant to 26 U.S.C. 501(a) and (c)(3) (1995).

(2) The responsibilities of a fiduciary organization include but are not limited to:

(a) Ensuring that the organization is bonded for the amount of money the individuals have contributed plus the amount of interest generated by the account;

(b) Marketing the program to individuals and matching fund contributors;

(c) Depositing the individual's contributions and matching contributions in a financial institution in accordance with section 329.13 of the Revised Code within twenty-four hours of receipt of those contributions;

(d) Ensuring that the allowable matching contribution does not exceed four times the deposited amount and that the account does not exceed ten thousand dollars at any time. Interest generated by an IDA is part of the IDA;

(e) Creating an investment plan to ensure the IDA accounts will obtain a return with a minimal risk of loss;

(f) Creating a plan to prevent unauthorized use of matching contributions and to enforce any penalties pursuant to paragraph (C) of this rule;

(g) Providing financial counseling for account holders;

(h) Conducting verification of eligibility for an IDA;

(i) Complying with federal and state requirements for IDAs; and

(j) Evaluating the IDA program as required by the county agency and/or the Ohio department of job and family services (ODJFS).

(3) Matching funds may be provided by or through a nonprofit, tax exempt organization, or a state or local government agency that works cooperatively with a nonprofit, tax-exempt organization.

(4) When a fiduciary organization participating in the IDA program wants to terminate its participation in the program, it shall give thirty days written notice to the county agency. The county agency shall be responsible for selecting another fiduciary organization to administer the program. In the event the IDA program is terminated, the funds in any existing IDA, including matching contributions, will be disbursed to the individual.

(5) When a fiduciary organization does not fulfill its responsibilities, the fiduciary organization shall not be allowed to participate in the IDA program until it can prove to the satisfaction of the county agency that it can fulfill those responsibilities. When the fiduciary organization misuses the IDA funds, the organization shall be permanently excluded from participation and shall be referred to the county prosecutor. Pursuant to section 329.13 of the Revised Code, a county agency cannot stand alone as a fiduciary organization. It can however, work in cooperation with a nonprofit fundraising organization.

(1) An individual whose household income does not exceed two hundred per cent of the federal poverty level is eligible to participate in an IDA program established by the county agency that the individual resides.

(2) An individual who does not use IDA funds in the manner mandated in section 329.14 of the Revised Code shall be:

(a) Terminated from participation in the IDA program;

(b) Denied participation in any IDA program for a period of six months for the first occurrence and for one year for the second or subsequent occurrence. The penalty period shall begin the month following the month of withdrawal of IDA funds; and

(3) Any remaining money in the IDA less matching contributions from outside entities shall be disbursed to the individual at the beginning of the penalty period. The remaining contributor matching funds are to be returned to the contributor.

(D) What purposes can an IDA be used for?

(1) The money from an IDA account can only be used for the following purposes:

(a) Postsecondary educational expenses paid directly from the account to an eligible education institution or vendor on behalf of the IDA participant;

(b) Qualified acquisition costs for a first-time homebuyer, as defined in 42 U.S.C. 604 (1998), paid directly from the account to the person or government entity to which the expenses are due;

(c) Qualified business capitalization expenses made in accordance with a qualified business plan that has been approved by a financial institution or by a nonprofit microenterprise program having demonstrated business expertise and paid directly from the account to the person to whom the expenses are due.

(2) A fiduciary organization shall permit a participant to withdraw money deposited by the participant when it is needed to deal with a personal emergency of the participant or a member of the participant's family or household. Withdrawal shall result in the loss of any matching funds in an amount equal to the amount of the withdrawal.

(3) Regardless of the reason of the withdrawal, a withdrawal from an IDA shall be made only with the approval of the fiduciary organization.

(E) What IDA reports shall be submitted?

When the county agency establishes an IDA account(s) the fiduciary organization is to collect and maintain information regarding the IDA program pursuant to the provisions of section 329.12 of the Revised Code. The fiduciary organization is to report account information to the county agency on the JFS 05101, "Individual Development Account Report."

Last updated January 2, 2024 at 8:28 AM

History

Effective: January 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-3-20 Ohio works first: domestic violence- information, screening, referral and waiver of eligibility requirements.

Each applicant for and recipient of Ohio works first (OWF) shall receive information, screening, referral and waiver of certain OWF eligibility requirements when the individual has been subjected to domestic violence. This rule complies with sections 5107.71 to 5107.717 of the Revised Code.

(A) What is the definition of domestic violence?

"Domestic violence" means being subjected to any of the following:

(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(2) Sexual abuse;

(3) Sexual activity involving a dependent child;

(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(5) Threats of, or attempts at, physical or sexual abuse;

(6) Mental abuse (including emotional harm);

(7) Neglect or deprivation of medical care.

(B) What are the responsibilities of the county agency?

The county agency shall be aware and recognize the signs of domestic violence and develop a process for addressing the domestic violence. The county agency shall:

(1) Inform all applicants for OWF that waivers of OWF eligibility requirements are available for victims of domestic violence;

(2) Screen all applicants for domestic violence as provided in this rule;

(3) Refer all individuals who respond affirmatively to any screening question to counseling and supportive services;

(4) When the county agency determines that the individual has been subjected to domestic violence and requiring compliance with the OWF eligibility requirement(s) would make it more difficult for the individual to escape the domestic violence, identify and waive the OWF eligibility requirements;

(5) Report information regarding domestic violence waivers to the Ohio department of job and family services (ODJFS) for statistical and federal reporting purposes;

(6) Provide information about local supportive services or programs when requested.

Each county agency shall screen for domestic violence. Screening is an ongoing process and shall be conducted at several different intervals including the following:

(1) Comprehensive assessment

At each comprehensive assessment conducted in accordance with rule 5101:1-3-11 of the Administrative Code. The county agency shall use the screening questions developed by ODJFS that are in the Ohio benefits integrated eligibility system. The county agency must maintain confidentiality. Except as provided in paragraph (B)(5) of this rule, the county agency shall maintain and protect the confidentiality of the information about an individual who has been subjected to domestic violence.

(2) OWF time limits

Each time an individual requests or applies for an extension beyond the thirty-six month time limit for receipt of cash assistance due to a state hardship or good cause condition; and each time an individual requests or applies for an extension beyond the federal sixty-month limit for receipt of cash assistance due to a federal hardship condition, as described in section 5107.18 of the Revised Code, and rule 5101:1-23-01 of the Administrative Code.

(3) Cooperation with child support (IV-D)

When an individual claims good cause for refusal to cooperate in establishing paternity and securing support, that information is sent to the county child support enforcement agency (CSEA) for a determination of good cause. This information will be transmitted to the CSEA via the JFS 07092, "Notice to Individuals Applying for or Participating in Ohio Works First (OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)."

(4) Good cause for failure to comply with selfsufficiency contract (SSC)

Each time the county agency reviews whether an individual has good cause for a failure to comply with the SSC required by rule 5101:1-3-11 of the Administrative Code.

(5) Other

At any other time the county agency determines that a review of the family's circumstances and continued eligibility for OWF should be completed.

(D) When must a county agency make a referral?

The county agency shall refer an individual for counseling and supportive services when that individual responds affirmatively to any screening question asked at any of the intervals listed in paragraph (C) of this rule. The county agency shall also refer an individual for counseling and supportive services when the county agency otherwise becomes aware that the individual is, or is at risk of becoming, a victim of domestic violence.

The individual may decline the referral for counseling and supportive services at the point of referral or may stop counseling or refuse supportive services at any time.

(E) When shall a county agency grant a waiver?

When a county agency determines that the individual has been subjected to domestic violence and requiring compliance with the requirement would make it more difficult for the individual to escape domestic violence or unfairly penalize the individual, the county agency shall waive the requirement and exempt the individual from that requirement.

The county agency shall collect supporting documentation including the following:

(1) Where available, records from any of the following sources:

(a) Police, courts and other governmental entities;

(b) Shelters and legal, religious, medical and other professionals from whom the individual sought assistance in dealing with domestic violence;

(2) In the absence of any of the above documentation, the individual's allegation of domestic violence, as identified by the individual requesting the waiver on the JFS 03803, "Ohio Works First (OWF) : Domestic Violence Waiver Request and Verification ," unless the county agency has an independent, reasonable basis to find that the individual's allegation is not credible.

(F) What OWF eligibility requirements can be waived?

(1) Mandatory participation in a work activity.

An individual may be assigned to and engaged in an activity; however the individual cannot be sanctioned for failure to comply with any activities outlined in the individual's SSC.

(2) Cooperation with child support in establishing paternity and support.

Waiver of cooperation with child support is determined by the CSEA pursuant to rule 5101:12-10-32 of the Administrative Code.

(3) OWF thirty-six month time limit for receipt of OWF cash assistance.

Extensions beyond the thirty-six month time limit, as described in rule 5101:1-23-01 of the Administrative Code, due to a domestic violence waiver will not count in the determination of the county twenty per cent limit for hardship extensions, as described in rule 5101:1-23-01.1 of the Administrative Code.

(G) What OWF eligibility requirements may be waived at the county option depending upon the individual's or family's circumstances?

(1) Verification of income.

The requirement to verify income as described in rules 5101:1-2-20 and 5101:1-23-20 of the Administrative Code may be waived. However, in the absence of verification, the county agency is to document in the case record that verification was unavailable, and that the income that was used to determine eligibility was based on the individual's signed statement.

(2) Penalty for quitting a job without just cause.

The penalty for quitting a job as described in section 5107.26 of the Revised Code, and rule 5101:1-3-14 of the Administrative Code may be waived.

(H) How long does a waiver last?

The county agency is to review the individual's continued eligibility for the waiver of OWF eligibility requirements described in this rule. There is no limit on the number of times (or length of time) that a waiver can be extended. The county agency is to review the necessity for a waiver at least once every six months. The county agency may at its option, review the individual's continued eligibility for a waiver more frequently than every six months. However, the length of time for a waiver of cooperation with child support granted under the provisions contained in paragraph (F)(2) of this rule, and rule 5101:12-10-32 of the Administrative Code, is determined and is to be governed by the CSEA.

(I) How are individuals told about a county agency decision on a waiver?

The county agency is to issue written prior notice, in accordance with division 5101:6 of the Administrative Code, of its decision approving or denying waiver of the OWF eligibility requirement. The individual may appeal the county agency's determination pursuant to section 5101.35 of the Revised Code.

(1) The individual may decline a waiver that would otherwise be approved under paragraphs (F) and (G) of this rule.

(2) The individual may also accept a waiver of eligibility requirements, but may terminate the waiver at any time.

(J) What are the responsibilities of ODJFS?

The ODJFS will monitor county agency implementation and compliance regarding the provisions described in this rule.

(K) What are the reporting responsibilities of the county agency?

The county agency is to provide information to ODJFS about each individual to whom a waiver is granted under the provisions described in this rule for federal reporting and statistical analysis purposes only.

Last updated April 1, 2026 at 7:47 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Chapter 5101:1-23 Income

Ohio Adm.Code 5101:1-23-01 Ohio works first: time-limited receipt of assistance.

(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) Medical statement from a mental health professional indicating the emotional health status of family members;

(f) Verification 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, " unless the county agency has an independent, reasonable basis to find that the individual's allegation is not credible.

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 paragraphs (E)(1) to (E)(4) of this rule for thirty-six months, that do 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

(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 (10/01/20) 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,

(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 (10/01/20) 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 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.

Last updated November 1, 2022 at 9:03 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-01.1 Ohio works first: calculation of the twenty per cent limits for state and federal hardship extensions.

(A) What percentage of state and federal harship extensions can a county agency exempt per month?

A county agency is not to exempt more than twenty per cent of the average monthly number of Ohio works first (OWF) assistance groups from either the state thirty-six month time limit or federal sixty month time limit as described in rule 5101:1-23-01 of the Administrative Code.

(B) How is the twenty per cent limit calculated for state and federal extensions?

Per federal fiscal year the twenty per cent limit for hardship extensions is calculated by the Ohio department of job and family services (ODJFS) for each county agency in the following manner:

(1) The number of OWF assistance groups in receipt of cash assistance is totaled for each of the twelve months in the previous federal fiscal year.

(2) The total from paragraph (B)(1) of this rule is divided by twelve. This number is the average monthly number of OWF assistance groups for the county agency.

(3) Twenty per cent of the average monthly number assistance groups found in paragraph (B)(2) of this rule is calculated. When this calculation does not result in a whole number, the number shall be rounded down to the nearest whole number. This number of assistance groups is the twenty per cent limit for the county agency for the federal fiscal year.

(1) Any assistance group that receives a waiver of the thirty-six month state time limit due to domestic violence, as described in rules 5101:1-3-20 and 5101:1-23-01 of the Administrative Code, are excluded from the twenty per cent limit for the state thirty-six month time limit extensions.

(2) No assistance groups are excluded from the federal sixty month time limit twenty per cent calculation.

(D) How often is the twenty per cent limit for hardship extensions calculated?

The twenty per cent limit for hardship extensions is calculated for each county agency by ODJFS for each federal fiscal year.

Last updated November 1, 2022 at 9:04 AM

History

Effective: November 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-10 Ohio works first: assistance group determination.

(A) Which section of the Revised Code applies to assistance group determination?

(2) The county department of job and family services will administer the penalty provisions under the Ohio works first (OWF) program in accordance with the requirements contained in this rule and not in accordance with section 5107.36 of the Revised Code.

(B) Who shall be included in the assistance group determination?

The following individuals shall be included in the assistance group when residing in the same household, unless ineligible or excluded in accordance with paragraph (E) or (F) of this rule:

(1) A minor child who is determined eligible for OWF including children who are determined eligible for OWF and who are also eligible to receive state kinship guardianship assistance program (KGAP) payments as defined in rule 5101:2-56-01 of the Administrative Code;

(2) All natural or adoptive parents of the minor child; and

(3) All minor siblings living with the minor child.

A minor parent with a child may be eligible when they are residing in one of the following living arrangements:

(1) A minor parent and his or her eligible dependent child(ren) living independently.

(a) The minor parent may be eligible only when the minor parent has been or is married; or

(b) Residing in an approved adult-supervised living arrangement as described in section 5107.24 of the Revised Code.

(2) A minor parent and his or her eligible dependent child(ren) residing with the minor parent's parent(s).

(a) When the minor parent's parent(s) is either receiving or is requesting OWF, there shall be one OWF assistance group that consists of the eligible child(ren), minor parent and minor parent's parent(s) and dependent siblings of the minor parent.

(b) When the minor parent's parent(s) is self-sufficient or is not requesting assistance, the assistance group shall consist of the minor parent and his or her child(ren). The income of the minor parent's parent(s) is allocated when determining eligibility for the assistance group as described in rule 5101:1-23-20.2 of the Administrative Code.

(D) When may a specified relative be included in an assistance group?

(1) A specified relative may be included in the assistance group when he or she has no eligible children of his or her own, resides with a child(ren) who meets a degree of relationship as described in section 5107.02 of the Revised Code, and chooses to be included in the assistance group with the child(ren).

(a) When a specified relative chooses to be included in the assistance group with the child(ren), the specified relative's income is considered in determining the eligibility of the assistance group as described in rule 5101:1-23-20 of the Administrative Code.

(b) When the specified relative has a spouse, the spouse cannot be included in the assistance group. The income of the spouse shall be allocated to the assistance group consisting of the specified relative and child(ren) as described in rule 5101:1-23-20.2 of the Administrative Code.

(2) A specified relative who resides with both his or her biological or adoptive child(ren) and the child(ren) who meets a degree of relationship, as described in section 5107.02 of the Revised Code, shall only be included in the assistance group with his or her child(ren).

(a) OWF eligibility for the assistance group containing the other related child(ren) shall be determined separately and independently of the assistance group containing the specified relative and his or her biological or adoptive child(ren). Income of the specified relative shall not be considered in determining eligibility of the assistance group with the related child(ren).

(b) When the children who meet a degree of relationship are half-siblings to the specified relative's child(ren) there shall be two separate assistance groups: one containing the specified relative and his or her child(ren); and one containing the child(ren) who meets a degree of relationship.

(E) Who is ineligible to be included in the assistance group?

The individuals in this paragraph are ineligible to be included in the assistance group, but their income is used in determining the benefit amount as described in rules 5101:1-23-20 and 5101:1-23-20.2 of the Administrative Code. Individuals listed in this paragraph may be a required work eligible individual as defined in paragraph (B) of rule 5101:1-3-12 of the Administrative Code.

(1) Aliens who fail to meet the citizenship requirement as described in rule 5101:1-2-30 of the Administrative Code.

(2) Aliens ineligible due to sponsor income as described in rule 5101:1-2-35 of the Administrative Code.

(3) Individuals disqualified from OWF due to an intentional program violation for as long as the disqualification period is applied as described in Chapter 5101:6-20 of the Administrative Code, when the disqualification period began prior to July 1, 1998. Individuals serving an intentional program violation that began prior to July 1, 1998, will continue to serve out the entire disqualification period, including individuals permanently disqualified.

(4) Fugitive felons as described in section 5101.26 of the Revised Code.

(5) Individuals who are violating a condition of probation, a community control sanction, parole, or a post-release control sanction imposed under a federal or state law.

(6) Individuals convicted in federal or state court for residency fraud as described in rule 5101:1-3-14 of the Administrative Code.

(7) Individuals who fail to cooperate with an eligibility requirement for which there is no penalty, such as a failure to:

(a) Provide information about a family member required to be included in an assistance group;

(b) Comply with an initial eligibility requirement, such as enumeration, or

(8) A teen parent who is under the age of eighteen, and:

(a) Has a child in his or her care at least twelve weeks of age;

(b) Has not successfully completed high school or the equivalent; and

(c) Is not participating in educational activities that are devoted to the receipt of a high school diploma or its equivalent, or an alternative educational training program defined by the county agency.

(F) Who is excluded from the assistance group?

The following individuals and their income are not considered when determining the assistance group and benefit amount, except for individuals listed in paragraph (F)(5) of this rule:

(1) As described in section 5107.11 of the Revised Code, legal guardians or custodians who do not meet the definition of specified relative, as described in section 5107.02 of the Revised Code, and individuals not related by blood or adoption, residing with an eligible child(ren). This also applies when a legal guardian or custodian and his or her child(ren) are eligible for OWF, and the adult is also the legal guardian or custodian of another child(ren) who, while not related to the adult, is a half-sibling to the adult's child(ren). In this situation, there shall be two assistance groups: one containing the adult and his or her child(ren); and one containing the child(ren) for whom the adult is the legal guardian or custodian.

(2) The father of an unborn child, living with the pregnant mother, with no other eligible children. The father cannot be included in the assistance group until the child is born.

(3) Parents or children receiving supplemental security income (SSI). A recipient of SSI shall have the choice of receiving OWF, when eligible, or continuing to receive SSI, but shall not receive both OWF and SSI at the same time.

(4) Stepbrothers and stepsisters.

(5) Stepparents, unless there is a common child. The income of a stepparent is allocated in determining the payment amount as described in rule 5101:1-23-20.2 of the Administrative Code.

(6) Parents or children in receipt of federal, state or local foster care maintenance payments.

(7) Parents or children in receipt of federal, state or local adoption assistance payments. The exclusion of the individual receiving the payments shall not result in lower benefits to the assistance group than the benefits that the family would receive when the individual and his or her income were included in the assistance group.

(8) An adoptive or blood-related sibling to a child for whom assistance is requested and who is living in the home but does not meet the living arrangement requirement as defined in rule 5101:1-3-03 of the Administrative Code.

(9) Parents or children for whom kinship support payments are made in accordance with rule 5101:2-42-18.2 of the Administrative Code.

(10) Children in receipt of federal kinship guardianship assistance program (KGAP) payments as described in 42 U.S.C. 673 (1/2018) and 42 U.S.C. 675 (1/2018).

(G) What are the steps in determining the assistance group?

(1) Identify the minor child(ren), as defined in section 5107.02 of the Revised Code, for whom assistance is being requested. Include minor children who are temporarily absent from the home as described in rule 5101:1-3-04 of the Administrative Code.

(2) Add siblings to the minor child living in the household and who also meet the definition of "minor child." "Sibling" means any and all blood-related or adoptive brothers and sisters who are not specifically excluded. Include siblings who meet the temporary absence provision as described in rule 5101:1-3-04 of the Administrative Code.

(3) Add the natural or adoptive parents of the minor child(ren) living in the household who are not specifically excluded as described in paragraph (F) of this rule.

(a) When the child resides with a specified relative who is in need and requesting assistance instead of a parent, and the specified relative has no eligible biological or adoptive children, add that individual to the assistance group.

(b) Include a parent or specified relative in need who meets the temporary absence provision as described in rule 5101:1-3-04 of the Administrative Code.

(c) Include a parent or specified relative in need in the household with the minor child(ren) who is serving house arrest as defined in section 2929.01 of the Revised Code.

(4) This is the assistance group. When a person(s) is required to be in more than one assistance group within the same household, then the assistance groups shall be combined, except as provided in paragraphs (D)(2) and (F)(1) of this rule.

(5) Eligibility is determined for the assistance group as a whole. The income provisions as described in rules 5101:1-23-20, 5101:1-23-20.1, and 5101:1-23-20.2 of the Administrative Code shall be applied in determining eligibility and the benefit amount.

Last updated January 3, 2023 at 8:49 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-20 Ohio works first: income and eligibility.

Except for the provisions that are listed in rules 5101:1-23-20.1 and 5101:1-23-20.2 of the Administrative Code, all payments received by assistance group members, and in some instances non-assistance group members, are considered income for purposes of determining eligibility for the Ohio works first (OWF) program. Income is categorized as earned or unearned.

(A) What is gross earned income?

(1) "Gross earned income" means the total amount of gross wages before taxes or deductions received in a month by all of the employed individuals in the assistance group.

(2) Gross earned income includes:

(a) All wages, back pay, bonuses and awards paid by the employer, commissions, severance pay, payments from job corps, work training programs, on-the-job training programs, sick leave paid as wages, annual leave, holiday and vacation pay.

(b) Wages legally obligated to members of the assistance group but are diverted to a third party, as described in rule 5101:4-4-13 of the Administrative Code.

(c) Earnings of an individual residing with the assistance group who is a required assistance group member but who is ineligible to be included in the assistance group as described in rule 5101:1-23-10 of the Administrative Code.

(d) Earnings of the spouse of a married pregnant woman with no other OWF eligible children.

(i) The spouse's income is added to the pregnant woman's income.

(ii) The assistance group's total income, less appropriate disregards, is compared to the payment standard for two.

(iii) When the total income is less than the payment standard for two, the pregnant woman's eligibility for cash assistance is determined in accordance with paragraph (I) of this rule, using only her income.

(iv) Once the child is born, the spouse shall be added to the assistance group in accordance with the provisions described in rule 5101:1-23-10 of the Administrative Code and his income shall be used in determining continued eligibility.

(e) State temporary disability insurance and temporary workers' compensation payments are considered gross earnings when such payments meet all of the following conditions:

(i) The payment is employer-funded; and,

(ii) The payment is made to an individual who remains employed during recuperation from a temporary illness or injury pending return to the job; and,

(iii) The payment is specifically characterized under state law as a temporary wage replacement.

(B) What are gross self-employment earnings?

(1) "Gross self-employment earnings" means the total profit from a business enterprise after the deduction of either fifty per cent of the gross receipts or the actual verified expenses (i.e., the business expenses directly related to producing the goods or services) from the gross receipts.

(2) Gross monthly self-employment earnings are based on an estimate of the individual's annual earnings.

(1) "Gross unearned income" is income that is not gross earned income from employment or self-employment.

(2) It is the total amount of unearned income that is received in the month by all members of the assistance group, and of a parent ineligible to be included in the assistance group, as described in rule 5101:1-23-10 of the Administrative Code.

(3) Gross unearned income includes but is not limited to payments from the following:

(a) Annuities;

(b) Pensions;

(d) Veterans benefits;

(e) Workers' compensation;

(f) Unemployment compensation;

(g) Social security retirement, survivor's and disability insurance (RSDI) benefits;

(h) Cash contributions from persons, organizations or assistance agencies;

(i) Income allocated to the assistance group from a required individual who is ineligible to be included in the OWF assistance group as described in rule 5101:1-23-10 of the Administrative Code.

(j) A non-recurring lump-sum payment that is not anticipated or expected to be received again. Receipt of a non-recurring lump-sum payment is only considered income in the month received;

(k) Child support and alimony payments received by the assistance group.

(i) Child support is considered as countable income in all budget calculations until the assignment of support is effective as described in rule 5101:1-3-10 of the Administrative Code.

(ii) Direct payments of support received by an assistance group from the month of application through the month in which eligibility is determined and assistance is approved shall be budgeted as unearned income.

(iii) Once the assignment of support is effective, any child support received by the assistance group is not counted as income in the actual grant calculation.

(iv) When the county agency adds an individual to an existing assistance group, the child support assignment is effective the first day of the month following the month the individual is added to the assistance group. The child support assignment may be deemed retroactive to the date the individual is required to be included in the assistance group. However, the child support payments received by or for the added individual prior to the effective date of assignment shall be treated as unearned income.

(v) In some circumstances, the child support payments received by the child support enforcement agency (CSEA) cannot all be distributed for present, future and past months. This results in a refund of child support payable directly to the assistance group. When child support money has been distributed by the CSEA and an amount is refunded to the assistance group, the amount may be considered a non-recurring lump sum as described in paragraph (C)(3)(j) of this rule.

(D) When is income available to the assistance group?

(1) Income shall be received or reasonably anticipated to be received by the assistance group during the calendar month to be used in determining eligibility for OWF.

(a) Availability depends upon the date of receipt and the number of months the income is intended to cover.

(b) In certain instances, income may need to be apportioned to future months.

(c) An employee under an annual contract of employment shall have the income from such contract averaged over the number of months covered under the contract regardless of whether the employee chooses to receive the income in fewer months.

(2) Income received by a member of the assistance group is considered available to all members of the assistance group. This includes the receipt of social security Title II benefits. When a Title II beneficiary is a minor, benefits are usually paid through a representative payee. When the beneficiary is a member of the assistance group, it is necessary to determine when the entire amount of the Title II benefit is counted as income to the assistance group.

(a) When the representative payee resides in the same household, the total amount of Title II benefits received for the beneficiary is counted in determining the assistance group's eligibility for OWF.

(b) When the representative payee does not reside in the same household as the beneficiary, only that portion made available to the beneficiary and/or caretaker is countable. Title II benefits retained by a representative payee who does not reside in the same household as the beneficiary are not considered potential income to the OWF assistance group.

(3) When income is received jointly by a member of the assistance group and one or more persons not in the assistance group, the assistance group member's portion to be considered is the amount made available to the assistance group member unless evidence is produced to the contrary.

(4) The income of a parent ineligible to be included in the assistance group, as described in rule 5101:1-23-10 of the Administrative Code, is considered in determining the assistance group's eligibility and payment, except for excluded income described in rule 5101:1-23-20.1 of the Administrative Code.

(5) The county agency shall explore with each assistance group the potential development of monthly income. The assistance group shall apply for any monthly benefits that it is entitled. A county agency shall not require the assistance group to apply for lump-sum withdrawals of retirement or pension funds that would negate the drawing of monthly benefits in the near future.

(6) The assistance group, including the person responsible for a child receiving OWF benefits, is responsible for giving information necessary for income determinations, and for taking all actions necessary to obtain unconditionally available income.

(a) Income shall be unconditionally available when the assistance group has only to claim or accept the income, or to establish eligibility for the income; e.g., relative's offer of a contribution, or RSDI benefits.

(b) Ineligibility to participate in OWF results when the assistance group refuses to accept unconditionally available income.

(E) How is gross earned and unearned income calculated?

(1) Each assistance group member's monthly gross income amount shall be rounded down to the nearest whole dollar by dropping all cents in gross weekly, biweekly, or semimonthly income prior to applying the conversion factors listed in paragraph (E)(3) of this rule.

(2) Income received in a frequency other than monthly shall be converted into a monthly amount. All cents shall be dropped after multiplying the individual's income by the appropriate conversion factor, and prior to applying applicable earned income disregards, as described in paragraph (H)(2) of this rule. Hourly rates that contain cents are not rounded, but are multiplied in the exact amount.

(3) Conversion shall be performed using the following factors:

(a) Income received on a weekly basis is multiplied by 4.3.

(b) Income received biweekly (every two weeks) is multiplied by 2.15.

(4) When the employed individual works the same number of hours per pay period, the gross monthly income shall be computed by either using the gross earnings listed on the individual's pay stubs or by multiplying the number of hours per pay period by the hourly rate of pay.

(5) When the employed individual has fluctuating hours, the pays shall be averaged before converting to a gross monthly amount.

(a) When there are more than four weeks of pay stubs available and the individual states that an average of a longer period of time is more representative because the income received in the most recent four weeks was less or greater than average, the county agency may use all available income-related information for the immediately preceding three-month period. This includes situations when the individual disagrees with the use of income from the past four-week period as representative of future income. Some pay stubs reflect year-to-date earnings and this is an acceptable method of determining average income for longer than the four-week period.

(b) When there are fewer than four weeks of pay stubs available, the county agency may use all available income-related information to arrive at a representative figure. This includes situations when the employed assistance group member disagrees with the use of earnings from the past four-week period as indicative of future earnings.

(6) When the employment is new and there are no pay stubs available yet and the employer does not provide a statement of pay rate and expected number of hours to be worked, the county agency may project an estimated amount for a pay period based on projected wages and hours as reported by the individual.

(F) How is self-employment income calculated?

Self-employment income is calculated by deducting the verified business expenses or a standard deduction of fifty per cent from the gross self-employment receipts. Gross receipts is the total profit of a business enterprise.

(1) Gross receipts

(a) In situations in which an individual has self-employment income, the county agency shall determine the gross receipts for the month based on an estimate of the individual's gross annual earnings by reviewing copies of his or her tax return from the previous year, as well as the current business records. The income listed on the previous year's tax return shall be used to estimate the expected earnings for the current and future months, unless the individual contests this determination of expected income. The individual's gross monthly earnings should be determined to be one-twelfth of the gross earnings as shown on the tax return for the preceding year. This method of estimating the self-employed individual's income should be applicable in situations in which the individual has been self-employed for some time, the gross earnings from self-employment have remained fairly constant (as evidenced by tax returns from previous years) and there is no anticipated change in circumstances.

(i) When the individual contests the estimate of the income from self-employment based solely on information on the previous year's tax return, the individual shall provide a projected estimate of the gross earnings for the current taxable year, based upon the current business records to support the contention. When the individual can estimate the gross earnings for the current taxable year, the county agency shall accept the individual's best estimate and allocate one-twelfth of the gross annual income equally into each month of the taxable year.

(ii) When the individual contests the county agency estimate of income from self-employment based solely on the previous year's tax return but does not provide a projected estimate of gross earnings for the taxable year based on current business records to support the contention, the county agency shall project his earnings based on the gross earnings listed on the previous year's tax return.

(b) When the individual does not have a tax return from the previous year, the county agency shall project an estimate of the individual's annual gross earning from self-employment based on the individual's current business records. The county agency shall determine that one-twelfth of the projected gross earnings from self-employment shall be allocated monthly.

(i) When the individual contests the determination, provides a reasonable explanation as to why the county agency projection is not satisfactory and a written estimate of his projected annual gross earnings from self-employment, the county agency shall use the individual's written estimate to base the eligibility determination.

(ii) When the individual does not provide a written estimate of projected annual gross earnings, the county agency shall project the estimate based on current records.

(c) In some situations the previous year's tax return is not representative of the expected earnings for the current year. There are some situations in which it will be difficult to project future earnings from the individual's self-employment and the previous year's tax return or current business records may not be considered to be accurate indicators of the individual's expected earnings for a variety of reasons.

(d) In the absence of both the previous year's tax return and current business records, the county agency shall require the individual to provide a written best estimate of his projected annual income. The county agency shall then determine that one-twelfth of the projected annual gross earnings shall be distributed into all months of the taxable year.

(e) The computed converted monthly figure shall remain unchanged until a change in income occurs as described in paragraph (H) of rule 5101:1-2-20 of the Administrative Code, or until the next reapplication. A reported change in income requires a recomputation of the budget.

(2) Expenses

The assistance group may choose one of the following two methods:

(a) Fifty per cent standard deduction from the gross self-employment receipts; or

(b) Actual deductions from the self-employment receipts as described in rule 5101:4-6-11 of the Administrative Code.

(G) How is microenterprise development income counted?

(1) For purposes of this rule, a "microenterprise development participant" is an individual participating in a training and education activity designed to prepare the individual for self-employment opportunities.

(2) Gross self-employment receipts are described in paragraph (F)(1) of this rule.

(3) The following are allowable operating expenses for up to one year following the month that the participant's business starts or expands:

(a) The provisions regarding non-allowable deductions from self-employment income, described in rule 5101:4-6-11 of the Administrative Code, are waived. Allowable business expenses shall not exceed seven thousand-five hundred dollars.

(b) The purchase of capital equipment or durable goods up to five thousand dollars.

(d) Payments made into an "unencumbered cash reserve account" in any month the total amount in the fund does not exceed three thousand dollars.

(4) The gross self-employment earnings, after deduction of expenses, up to one hundred thirty-three per cent of the federal poverty guideline for the participant's OWF assistance group size is excluded as countable income. Gross self- employment earnings received in excess of this standard shall be included as gross earned income.

(H) How is initial eligibility determined?

(1) When an assistance group applies for OWF and it has been more than four months since they last received OWF, the county agency shall determine whether the assistance group's gross income exceeds fifty per cent of the federal poverty guidelines as described in division (D)(1)(a) of section 5107.10 of the Revised Code. The county agency shall complete the following steps:

(a) Total the monthly gross earned income from each employed family member.

(b) Deduct the actual verified dependent care costs of the assistance group for nonpublicly funded dependent care for a child or an incapacitated adult who is residing in the home. The amount that is deducted is the actual verified cost that is paid for each child or incapacitated adult.

(d) The assistance group is ineligible to receive OWF when the gross income in paragraph (H)(1)(c) of this rule exceeds fifty per cent of the federal poverty guidelines.

(2) When the assistance group's gross income does not exceed fifty per cent of the federal poverty guidelines, the county agency shall determine whether the assistance group's countable income is less than the payment standard described in paragraph (J) of this rule. For purposes of this paragraph, "countable income" shall be defined as:

(a) The assistance group's gross earned income; minus,

(b) The two hundred-fifty dollar and one-half of the remainder disregards described in division (D)(3) of section 5107.10 of the Revised Code, when applicable; minus,

(d) The assistance group's gross unearned income.

(e) The amount in paragraph (H)(2)(d) of this rule is compared to the OWF payment standard for the assistance group size.

(f) The assistance group is ineligible to participate in OWF when the assistance group's countable income equals or exceeds the payment standard.

(3) When an assistance group applies for OWF and it has not been more than four months since they last received OWF, the county agency shall apply the benefit determination in paragraphs (H)(2)(a) to (H)(2)(f) of this rule.

(I) How are ongoing benefits determined?

(1) To determine whether an assistance group receiving OWF continues to be eligible, the county agency shall determine whether the assistance group's countable income continues to be less than the payment standard. The determination of the assistance group's countable income is determined by applying the method described in paragraph (H)(2) of this rule.

(2) The assistance group is ineligible to receive OWF when the assistance group's countable income equals or exceeds the payment standard.

(3) The disregard described in division (D)(3) of section 5107.10 of the Revised Code shall not be applied to the assistance group's gross earned income for any month in which the assistance group failed without good cause to make a timely report of earnings as described in rule 5101:1-2-20 of the Administrative Code.

(J) What are the income standards used for OWF?

The following standards are used in determining eligibility for OWF:

(1) The initial eligibility standard for OWF is fifty per cent of the federal poverty guidelines pursuant to section 5107.10 of the Revised Code. The gross income is compared to the initial eligibility standard pursuant to paragraph (H) of this rule to determine initial eligibility. In accordance with division (D)(2) of section 5107.10 of the Revised Code, the initial eligibility standard will be revised on the first day of July of the year in which the United States department of health and human services issues annual revisions to the federal poverty guidelines.

(2) As described in rule 5101:1-23-20.2 of the Administrative Code, the allocation allowance standard is the amount used when a portion of the income of the individual, who is not a member of the assistance group, shall be considered in the calculation of income to be applied to the assistance group. This standard is one hundred per cent of the federal poverty guidelines in effect on July 1, 1997.

(3) The OWF payment standard is the maximum amount of cash assistance an assistance group may receive. Income that is determined to be available to the assistance group as described in this rule is deducted from the OWF payment standard to determine the amount of the OWF cash payment.

(a) In accordance with section 5107.04 of the Revised Code, the OWF payment standard shall increase on the first day of each January by the cost-of-living adjustment (COLA) that is made in the preceding year.

(b) Changes to the OWF payment standards due to the cost-of-living adjustment are issued through an action change transmittal, that can be found in the cash assistance manual at the Ohio department of job and family services website.

(4) The ninety per cent payment standard is the amount that an assistance group on grant reduction due to an erroneous payment retains from its combined income (without disregards), liquid assets, and assistance payment.

(a) The work activity expense allowance and the learning, earning and parenting (LEAP) bonus are added after the payment standard is reduced for grant reduction.

(b) When an erroneous payment is recovered by grant reduction, and the individual who caused the erroneous payment was disqualified due to an intentional program violation as described in Chapter 5101:6-20 of the Administrative Code, and who is still residing with the otherwise eligible assistance group, the remaining assistance group members shall retain (from combined income, liquid assets, and assistance payment) an amount equal to ninety per cent of the payment standard for the assistance group excluding the disqualified individual's needs.

Last updated July 7, 2022 at 8:41 AM

History

Effective: July 7, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-20.1 Ohio works first: excluded income.

(A) What is excluded from gross earned income?

(1) All income excluded under the supplemental nutrition assistance program (SNAP) regulations, as described in rule 5101:4-4-13 of the Administrative Code.

(2) The gross earnings of a minor child in the assistance group who is a full-time student as defined by the school, unless the minor is a parent. Minor child is defined in section 5107.02 of the Revised Code.

(3) The amount of child support paid, up to the amount ordered, by an assistance group member for a child outside of the assistance group.

(4) The verified amount garnished from the income.

(5) Exclusions from self-employment income as described in rules 5101:1-23-20, 5101:4-4-13 and 5101:4-6-11 of the Administrative Code. A deduction claimed as personal business and/or entertainment expense is not an allowable deduction from self-employment income.

(6) Exclusions from a microenterprise development set forth in rule 5101:1-23-20 of the Administrative Code.

(7) Earned income tax credit payments whether added to the individual's wages or as part of an income tax refund. The individual's wages must be subject to federal withholding or Federal Insurance Contributions Act (FICA) taxes, 26 U.S.C. 3102 (2010).

(8) Income received due to temporary employment with the bureau of the census for a decennial census.

(9) Any other income amounts that federal statutes or regulations and sections 5101.17 and 5117.10 of the Revised Code require be excluded.

(B) What is excluded from gross unearned income?

(1) All income excluded under the SNAP program regulations, as described in rule 5101:4-4-13 of the Administrative Code.

(2) Income of a recipient of supplemental security income (SSI), including the SSI payment.

(3) Income of a child for whom federal, state or local foster care maintenance payments are made, including the foster care payment.

(4) Income of step siblings who are not included in the assistance group.

(5) Payments made with county funds to increase the amount of cash assistance an assistance group receives in accordance with the provisions set forth in section 5107.04 of the Revised Code.

(6) The amount of child support paid, up to the amount ordered, by an assistance group member for a child outside of the assistance group.

(7) Contributions for shared living arrangements (i.e. cash payments received by an assistance group from an individual who resides in the household with the OWF assistance group but is not an assistance group member and shares responsibility for the household expenses through an informal arrangement).

(8) Benefits received under Title VII, nutrition program for the elderly, Older Americans Act of 1965, Pub. L. No. 89-73, (7/14/1965), title III, Section 339, as added, Pub. L. No. 106-501, title III, Section 313, (11/13/2000), 114 Stat. 2252, Pub. L. No. 116-131, Section 339 (2020).

(9) Other payments made by a public or private agency for the purposes of supplementing standards, so long as there is no duplication of payment.

(10) Retroactive payments made as a result of a state hearing.

(11) Experimental housing assistance payments made under annual contributions on contracts entered into under Section 237(f)(2) of the United States Housing Act of 1937, 42 U.S.C. 1421b, as in effect before 1/1/1975.

(12) Housing and urban development (HUD) community development block grant funds paid under Title I of the Housing and Community Development Act of 1974 Pub. L. No. 93-383, (8/22/1974), 42 U.S.C. 5303, as amended 10/28/92.

(13) Home energy assistance support and maintenance paid in cash or in kind, Pub. L. No. 97-377 (12/21/1982), Pub. L. No. 97-424 (1/06/1983), and Pub. L. No. 98-21 (4/20/1983), 45 C.F.R. 233.53 (1991).

(14) The verified amount which is garnished from the income.

(15) Earned income tax credit payments.

(16) Any other income amounts that federal statutes or regulations and sections 5101.17 and 5117.10 of the Revised Code require be excluded.

(17) Kinship permanency incentive (KPI) payments made in accordance with the provisions set forth in rule 5180:2-40-04 of the Administrative Code.

(18) The supplemental weekly unemployment compensation payments paid under the Worker, Homeownership, and Business Assistance Act of 2009, Pub. L. No. 111- 92, 26 U.S.C. 3304, (2018).

(19) Kinship support payments made in accordance with the provisions set forth in rule 5180:3-13-18.2 of the Administrative Code.

(20) State kinship guardianship assistance program (KGAP) payments made in accordance with the provisions set forth in rule 5180:2-56-01 of the Administrative Code.

(21) Federal KGAP payments made in accordance with the provisions set forth in 42 U.S.C. 673 (2/2018) and 42 U.S.C. 675 (2/2018).

Last updated April 1, 2026 at 8:19 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-20.2 Ohio works first: allocation of income.

(A) When is income allocated to an assistance group?

Income is to be allocated to the Ohio works first (OWF) assistance group from an individual living with the assistance group who is one of the following:

(1) A stepparent who is ceremonially or legally married to the child's parent.

(2) A parent(s) of a minor caretaker when the minor caretaker's needs are included in the assistance group with the minor's child(ren). The minor parent is to meet the following conditions:

(a) Under the age of eighteen; and

(b) Lives with his or her parent(s).

(3) A spouse of a specified relative in need, as described in rule 5101:1-23-10 of the Administrative Code.

(4) A parent who does not meet the citizenship requirements as described in rule 5101:1-2-30 of the Administrative Code.

(B) When is income not allocated?

Income is not to be allocated to the OWF assistance group from an individual living with the assistance group who is one of the following:

(1) A stepparent when the parent of the OWF child(ren) is ineligible or excluded from the assistance group.

(2) A stepparent of a minor caretaker.

(3) A parent(s) of the minor caretaker when the minor caretaker is not included in the OWF assistance group with his or her eligible child.

(1) The allocation allowance standard is the amount used when a portion of the income of an individual identified in paragraph (A) of this rule, is to be considered in the calculation of income to be applied to the assistance group. This standard is one hundred per cent of the federal poverty guidelines in effect on July 1, 1997.

(2) The income allocation budget is calculated as follows:

(a) When the individual has gross earned income, deduct the first ninety dollars;

(b) Add the individual's gross unearned income, if applicable, to the figure derived in paragraph (C)(2)(a) of this rule.

(c) Deduct the allocation amount as described in paragraph (C)(1) of this rule for the individual listed in paragraph (A) of this rule and any other individual who meets all of the following conditions:

(i) The individual is living in the home.

(ii) The individual's needs are not included in the OWF assistance group. Unless the individual is in receipt of supplemental security income (SSI), or otherwise excluded from the assistance group pursuant to rule 5101:1-23-10 of the Administrative Code, the parent of the OWF child(ren) is to be included in the assistance group, so the parent's needs are not included in the allocation amount to be deducted.

(iii) The individual is claimed or could be claimed for federal personal income tax liability under the internal revenue service's rules by the individual whose income is being allocated.

(d) Deduct the amount of ongoing payments made by the individual listed in paragraph (A) of this rule for individuals who are not living in the home but are claimed or could be claimed by the individual as dependents for federal personal income tax liability under the internal revenue service's rules.

(e) Deduct the amount paid as alimony or child support for individuals not living in the home by the individual whose income is being allocated.

(f) The remainder is the amount that is allocated and treated as unearned income to the OWF assistance group.

(3) A non-recurring lump sum payment received by an individual listed in paragraph (A) of this rule, who is not a part of the OWF assistance group is considered as income available only in the month the payment is received.

Last updated January 2, 2025 at 8:36 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-40 Ohio works first: payments.

(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 that 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 that 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 pregnant; 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.

(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 that 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 verification 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) 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.

(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) Support services (e.g., transportation) and learning, earning and parenting (LEAP) program's allowances are never prorated.

(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.

(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 that 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.

(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 mismanagement situation that 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;

(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.

Last updated September 23, 2026 at 12:42 PM

History

Effective: October 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-50 Ohio works first: learning, earning and parenting program.

The learning, earning and parenting (LEAP) program, as described in section 5107.30 of the Revised Code, is a program designed to encourage pregnant and parenting teens to attend and complete high school or the equivalent.

(A) Who is eligible for LEAP?

With the exception of teens who have obtained a high school diploma or the equivalent, teen custodial parents, and pregnant teens under the age of nineteen who are applying for or in receipt of Ohio works first (OWF), are potentially subject to the LEAP program requirements. These requirements apply to teens who live on their own and to teens who live with their parents, other caretaker relatives, legal guardians or legal custodians. The requirements apply to both the teen custodial mother and the teen custodial father of the child and to all pregnant teens.

(B) The following definitions apply to the LEAP program:

(1) "Attendance bonus" means a sixty-two dollar financial bonus added to the OWF payment for the assistance group (AG) for each LEAP teen included in the AG who meets the LEAP attendance requirements as defined in this rule.

(2) "Attendance month" means the calendar month that the teen attended school. Attendance in the month is evaluated in order to determine if an attendance bonus is issued or an attendance sanction is proposed in the corresponding payment month.

(3) "Attendance sanction" means that a LEAP teen with more than two unexcused absences in a month is:

(a) Not eligible for the attendance bonus payment; and

(b) The assistance payment for the AG containing the LEAP teen will be reduced by sixty-two dollars.

(4) "Enrollment bonus" means a one-time one-hundred dollar financial bonus added to the OWF payment for the AG for each LEAP teen included in the AG who enrolls in school for the first time after being notified of LEAP program participation.

(5) "Excused absence" means the reason for the absence meets the school district's definition of a valid reason for the teen not to attend school or it was not an absence excusable under the school's attendance rules but upon review by the county agency at the request of the teen, it was acceptable under the good cause reasons provided in the LEAP program.

(6) "Full day" means the entire school day as defined by the school district.

(7) "Grade completion bonus" means a one-hundred dollar financial bonus added to the OWF payment for the AG for each LEAP teen included in the AG for each subsequent grade completed, except grade twelve. Grade completion is defined by the local school district.

(8) "Graduation bonus" means a one-time five-hundred dollar financial bonus for each LEAP teen included in the AG who has graduated from high school or obtained a high school equivalence diploma.

(9) "High school equivalence diploma" means a diploma attesting to the achievement of the equivalent of a high school education as measured by scores on the tests of general educational development (GED) as published by the "American Council on Education." High school equivalence diploma includes a certificate of high school equivalence. This program formerly issued the general equivalency diploma or GED.

(10) "Home education" means education primarily directed and provided by the parent or guardian of the child under division (A) of section 3321.042 of the Revised Code for the child who is of compulsory school age and is not enrolled in a nonpublic school.

(11) "Internet- or computer-based community school," as defined in section 3314.02 of the Revised Code, means a community school in which the enrolled students work primarily from their residences on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities unless a student receives career-technical education under section 3314.086 of the Revised Code. Internet- or computer-based schools are also sometimes referred to as "electronic schools," or "e-schools."

(12) "Retrospective cycle" means a four sequential month period. The four month period begins with the attendance month, followed by two processing months, and ends with the payment month.

(13) "School" means an educational program that leads to a high school diploma or the equivalent and includes the following: a public school; a private school; a vocational, technical, or adult education school; or a course of study meeting the standards established by the state of Ohio for granting a high school equivalence diploma.

(14) "School attendance officer" means an employee designated by the school who is responsible for matters relating to school attendance and truancy.

(15) "School district" means the territorial unit for school administration as specified in section 3313.64 of the Revised Code.

(16) "School year" for the LEAP program is September through May. These are the months that attendance will be monitored and enrollment/attendance bonuses and attendance sanctions will be given. This definition does not apply to teens enrolled in a GED program. The school year for GED program purposes is the twelve-month period beginning with the first month of mandatory attendance.

(17) "Unexcused absence" means the reason for the absence does not meet the school district's definition of a valid reason for the teen not to attend school and upon review by the county agency, at the request of the teen, the reason also does not meet any of the LEAP program good cause reasons.

All teens who are under the age of nineteen, who have not graduated from high school or received a high school equivalence diploma or equivalent, and who are not exempt from participation in LEAP pursuant to the conditions described in paragraphs (D)(1) to (D)(3) of this rule, are required to attend an assessment and orientation interview.

(1) The assessment interview shall include:

(a) A discussion of the LEAP program goals.

(b) The criteria for receiving the LEAP bonuses and sanctions.

(d) The types of supportive services available in the community.

(e) The rights and responsibilities of program participants.

(f) The determination of whether the teen meets one of the exemptions from participation as described in paragraphs (D)(4) to (D)(10) of this rule.

(2) Documents provided to and/or completed by the participant shall include:

(a) The JFS 06905 "LEAP -Learning, Earning, And Parenting Program Agreement."

(b) The JFS 06906 "Learning, Earning and Parenting Program (LEAP) Questions and Answers."

(3) Both the teen and the AG payee, when different, shall be given a copy of the JFS 06905 and the JFS 06906. The teen and the AG payee, when different, should be encouraged to sign the JFS 06905; however, the signature is not a requirement. The teen is subject to the requirements of the LEAP program even when the JFS 06905 is not signed. The county agency shall document in the AG record that a copy of the JFS 06905 and the JFS 06906 were given to the teen and the AG payee, when different.

(4) Section 5107.14 of the Revised Code provides that in order to participate in OWF, the minor head of household or each adult member of the AG shall enter into a written self-sufficiency contract (SSC) with the county agency. When a county agency has adopted into its SSC as defined in rule 5101:1-1-01 of the Administrative Code, the rights and responsibilities and penalties for failure to comply with LEAP program requirements described in this rule, the JFS 06905 is not required to be completed in the LEAP assessment and orientation interview.

(5) The county agency shall assign a case manager to the LEAP program participant and the participant's family to assist the participant in promoting personal responsibility and in gaining self-sufficiency skills in order to reduce and/or eliminate dependency on cash assistance.

(6) Reassessment shall be an ongoing process. The teen shall be reassessed at least once per year. The county agency shall attempt to schedule reassessment when the teen is scheduled to enroll in the new school year. The county agency shall review with the teen, at a minimum, the JFS 06905. The reassessment interview shall serve to review school progress and to address any new barriers to continued attendance. No face-to-face interview is required to complete the reassessment.

(D) Who meets the exemptions from LEAP participation?

A teen who meets any of the conditions described in this paragraph is exempt from LEAP participation as long as the teen continues to meet the exemption criteria. While exempt, the teen does not earn the LEAP enrollment, attendance, grade completion and graduation bonuses or attendance sanctions as described in paragraphs (G), (L), (P), and (M) of this rule.

With the exception of teens who are under the age of eighteen who meet the exemptions described in paragraphs (D)(1) to (D)(3) of this rule, all exempt teens under the age of eighteen shall be assigned to an alternative educational or training program defined by the county agency, in order to be eligible for OWF. In addition, all exempt LEAP teens who are age eighteen, except those teens who meet the exemptions described in paragraphs (D)(1) to (D)(3) of this rule, shall be either assigned to an alternative educational or training program defined by the county agency or referred for participation in a work activity in accordance with the provisions described in division 5101:1 of the Administrative Code.

The exemptions from LEAP participation are:

(1) The teen is the caretaker of a child under the age of twelve weeks old.

(2) The teen is excused from compulsory school attendance in accordance with section 3321.042 of the Revised Code for the purpose of home education.

(3) The teen is participating in an internet- or computer-based community school as defined in section 3314.02 of the Revised Code.

(4) Child care services are necessary for the teen to attend school, but child care is unavailable.

(5) Transportation to or from the teen's school is necessary and there is no public, private, or county agency supported transportation available.

(6) Transportation to or from child care is necessary and there is no public, private, or county agency supported transportation available.

(7) The teen is reasonably prevented from attending school by a physical or mental illness that is expected to last one month or longer.

(8) The child of the teen parent is ill with a physical or mental illness that is expected to last at least one month or longer and this requires full-time care by the teen.

(9) The teen is unable to attend school because the teen was expelled from school and another school or GED program is not available because:

(a) There is no public or private school or GED program within reasonable travel time or distance that will accept the teen; or

(b) There is a public or private school that will accept the teen but the tuition charge is prohibitive and the teen's school district refuses to pay the tuition.

(10) There are other exceptional circumstances that reasonably prevent the teen from attending school.

(E) What happens when there is a failure to meet an assessment or orientation requirement?

Teens identified as potentially subject to LEAP program requirements, and who do not meet the exemption conditions described in paragraphs (D)(1) to (D)(3) of this rule, shall be scheduled for an assessment interview and orientation as described in paragraph (C) of this rule. Failure, without good cause, to meet the assessment and orientation requirement will result in one of the following consequences described in paragraphs (E)(1) to (E)(2) of this rule.

When the county agency determines through available information that the teen is exempt as described in paragraphs (D)(1) to (D)(3) of this rule, neither of the consequences described in paragraphs (E)(1) to (E)(2) of this rule shall be proposed while the teen meets the exemption.

(1) Teen under the age of eighteen

A teen under the age of eighteen who is not exempt, as set forth in paragraph (D) of this rule, who fails without good cause to meet the assessment and orientation requirements, is ineligible to participate in OWF until the teen complies. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren),

(2) Teen who is age eighteen

A teen who is age eighteen, who is not exempt as described in paragraph (D) of this rule, and who fails without good cause to meet the assessment and orientation requirements shall be referred for participation in a work activity, in accordance with the provisions described in division 5101:1 of the Administrative Code.

(F) Who shall enroll in and attend school or an alternative educational program?

(1) A teen under the age of eighteen who does not meet any of the exemptions described in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(2) A teen under the age of eighteen who meets one of the exemptions in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the county agency. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions.

(3) A teen who is age eighteen who does not meet one of the exemptions described in paragraph (D) of this rule shall be assigned to enroll in and attend school.

(4) A teen who is age eighteen who meets one of the exemptions described in paragraphs (D)(4) to (D)(10) of this rule shall be either:

(a) Assigned to an alternative educational or training program defined by the county agency. A teen assigned to this activity does not earn the LEAP enrollment, attendance, grade completion or graduation bonuses, or the LEAP attendance sanctions; or

(b) Referred for participation in a work activity, in accordance with the provisions described in division 5101:1 of the Administrative Code.

(G) What are the requirements for school enrollment?

Within ten calendar days after the assessment and orientation, a LEAP teen who does not meet an exemption as described in paragraph (D) of this rule and who is determined by the county agency to be required to enroll in school as provided in paragraph (F) of this rule, shall be required to provide proof of enrollment in a school. This time period may be extended up to thirty days when there is documentation that school arrangements are being made. When enrollment is not possible because school enrollment personnel are not available (e.g., school is not open for enrollment during the summer months), the requirement shall be delayed until compliance is possible. The county agency shall document any delay in the case record.

A one-time enrollment bonus of one-hundred dollars is issued for each LEAP program participant included in the AG for the first enrollment following notification of the LEAP program requirements. The enrollment bonus is issued to the AG payee based upon the date of enrollment.

(1) When enrollment is verified prior to the beginning of the school year, the enrollment bonus shall be issued for the first month of the school year or for the month the teen is scheduled to begin attendance, whenever is later.

(2) When enrollment is verified after the beginning of the school year, the enrollment bonus shall be issued for the month that the teen is scheduled to begin attendance. When the teen is enrolled and attending school prior to the assessment and orientation, the enrollment bonus shall be issued for the month of assessment.

(H) What are the consequences for a failure to enroll as assigned?

When the teen fails to provide enrollment verification as specified in paragraph (G) of this rule, the county agency shall send the JFS 06904, "LEAP-Learning, Earning, And Parenting Seven-Day Good Cause Notice" or the Ohio benefits integrated eligibility system equivalent in order for the teen or the AG payee to provide good cause for having failed to provide enrollment verification. When the county agency subsequently determines that good cause does not exist, the county agency shall propose one of the following actions:

(1) A teen who is under the age of eighteen, who fails without good cause to enroll in school as assigned, is ineligible to participate in OWF. However, this consequence affects only the teen and does not affect the eligibility of the teen's child(ren).

(2) A teen who is age eighteen, who fails without good cause to enroll in school as assigned, shall be referred for participation in a work activity as described in division 5101:1 of the Administrative Code.

(I) How is school attendance tracked?

The county agency shall request that the school attendance officer in each school that has a LEAP program participant enrolled to provide information monthly to the county agency about each participant's attendance. The county agency shall also request that each school make available the attendance records and other school records of a participant when requested by the county agency or other agency acting on the behalf of the county agency. The signed JFS 06907, "LEAP - Learning, Earning, And Parenting Program School Information Release Form" shall be provided by the county agency for each student.

(1) The Ohio department of job and family services (ODJFS) will mail the Ohio benefits integrated eligibility system equivalent of the JFS 06903, "LEAP - Learning, Earning And Parenting School Absence Report" to each school each month containing the name of the LEAP program participant. The county agency shall request that the school review the actual attendance of the teen and to record the specific days the teen was absent and whether the absence was excused or unexcused. When the school monitors attendance by half days, the county agency shall request that any half-day absences be reported. The county agency shall request that the school forward the completed attendance information to the county agency to be received by the fifth calendar day following the end of the attendance month. When the fifth calendar day falls on a weekend or a state or federal legal holiday, the report shall be received by the next business day. The county agency shall review this information within five days of receipt.

(2) When the school that the teen is currently enrolled does not furnish the attendance information timely, and the county agency has not received information to the contrary, the teen shall be considered to have met the school attendance requirements in the attendance month.

(3) When the school does not keep daily attendance records, and the county agency has not received information to the contrary, the teen shall be considered to have met the school attendance requirement.

(4) The county agency may coordinate attendance reporting with the adult basic literacy and education coordinator in the county. To the extent possible, the adult and basic literacy and education instructor may be able to indicate the reason for an absence.

(5) When the school the participant is attending is not in regular session, including during holiday and summer breaks, or the teachers are on strike, the participant shall not be required to attend.

(J) How will LEAP attendance information be reviewed?

The county agency shall review the attendance information provided by the school.

(1) When the information reported under the category of "unexcused absences" is greater than the number stated in paragraph (L) of this rule, the county agency shall send the JFS 06904 or Ohio benefits integrated eligibility system equivalent to the AG payee in order to gain information concerning the "unexcused absences."

(2) When the total number of absences (excused and unexcused) reported exceeds the number of allowable absences and the number of unexcused absences is within the allowable limit, the county agency shall send the JFS 06904 or the Ohio benefits integrated eligibility system equivalent to the AG payee to gain information.

(3) When the county agency determines that good cause exists for an unexcused absence, the "unexcused absence" shall be considered "excused" for purposes of determining if attendance requirements have been met. When the county agency evaluates the reasons for the unexcused absence and finds good cause does not exist, or when the AG fails to respond within seven days to the JFS 06904, the "unexcused absence(s)" will be used in the determination of an imposition of a sanction.

(K) How is GED and adult basic literacy education participation information reviewed?

GED programs do not routinely capture information regarding the reason for a student's absence. For this reason, when the school reports any absences for a teen participating in a GED program, the county agency shall contact the teen to determine the reason for the absence. The county agency shall send the JFS 06904 or the Ohio benefits integrated eligibility system equivalent. The teen or AG payee, when different, shall have seven days to respond. The county agency shall evaluate the reason given for the absence using the good cause criteria described in paragraph (N) of this rule and process the information as described in paragraph (Q) of this rule. When there is no response to the JFS 06904 or Ohio benefits integrated eligibility system equivalent, the county agency shall assume that the absences reported by the school were unexcused absences.

(1) Teens enrolled in a GED or other high school equivalency program shall be required to attend classes up to the scheduled date of the GED test.

(2) The county agency shall attempt to coordinate attendance reporting with the adult basic literacy education coordinator in the county. Adult basic literacy education instructors may be able to indicate the reason for an absence.

(L) What is the LEAP attendance bonus?

A sixty-two dollar bonus shall be issued for each month that the attendance requirement is met. The attendance standard shall be considered to have been met when the LEAP program participant has four or fewer total absences in a month with no more than two of such absences unexcused.

(1) Teens with two or fewer unexcused absences but more than four total countable absences in a month shall not be eligible for the sixty-two dollar attendance bonus payment.

(2) Teens enrolled in a GED program shall be required to attend the number of classes per month listed below in order to receive the attendance bonus:

(a) When classes are held five days a week, the teen shall attend all classes but four a month. No more than two of the total absences may be unexcused absences.

(b) When classes are held four days a week, the teen shall attend all classes but three a month. No more than two of the absences may be unexcused.

(c) When classes are held three days a week, the teen shall attend all classes but two a month. No more than one of the total absences may be unexcused.

(d) When classes are held two days a week, the teen shall attend all classes but two a month. No more than one of the total absences may be unexcused.

(e) When classes are held one day a week, the teen shall attend all classes but one a month. The absence shall be an excused absence.

(3) A participant enrolled in a GED program who misses more than the total number of allowable class absences but does not exceed the number of allowable unexcused class absences shall not be eligible for the sixty-two dollar attendance bonus payment.

(4) Absences shall be waived when the absence is the result of the teen's or the teen's child's illness or injury, when the illness or injury is verified by a physician's statement. The county agency shall waive an absence when there is documentation that the absence was a result of a medical appointment for the teen or the teen's child that could not be scheduled outside of school hours. The county agency shall document that the absence has been waived.

(5) The attendance bonus is added to the assistance payment and issued in accordance with paragraph (Q) of this rule.

(6) A teen who complies with the attendance requirements as described in paragraphs (L)(1) to (L)(2) of this rule shall be eligible to receive the attendance bonus as a part of the recurring OWF payment.

(a) A teen subject to mandatory participation who fails to comply with the attendance requirements shall be subject to a sanction as described in paragraph (M) of this rule.

(b) During the first three months of attendance in the school year, beginning with the month that the enrollment bonus was issued, the JFS 06903 shall be received and reviewed for compliance with the LEAP program attendance requirements. Issuance of the bonus payment or application of the sanction based on attendance shall be determined retrospectively.

(M) What is the LEAP attendance sanction?

Teens with more than two unexcused absences in a month shall not be eligible for the attendance bonus payment and the assistance payment for the AG containing the LEAP program participant will be reduced by sixty-two dollars.

(1) For a teen enrolled in a GED program, the assistance payment for the AG containing the mandatory LEAP program participant shall be reduced by sixty-two dollars when the teen misses more than the total number of unexcused absences allowed in paragraph (L) of this rule.

(2) The teen or AG payee shall be required to report to the county agency within ten calendar days when the teen ceases to attend or officially withdraws from school. For a mandatory participant who has enrolled in school, and subsequently officially withdraws from school, one of the following consequences is applicable:

(a) For a teen who is under the age of eighteen, the teen is ineligible to participate beginning with the month following the month of withdrawal from school. The OWF payment for the AG shall be reduced accordingly. The prior notice requirements described in division 5101:6 of the Administrative Code are applicable.

(b) For a teen who is age eighteen when the teen ceases to attend or officially withdraws from school, the teen shall be referred to participate in a work activity as described in division 5101:1 of the Administrative Code.

(3) The reduction in the OWF payment as the result of the mandatory participant having excessive unexcused absences will be applied retrospectively as described in paragraph (Q) of this rule. The reduction in the OWF payment as the result of school withdrawal will be effective the month after the month of the withdrawal.

(N) What is considered good cause for non-attendance?

A teen shall be considered to have good cause for not attending school in the following situations. The county agency may require medical or other verification for all of the following circumstances:

(1) The teen was ill, injured, or incapacitated and was reasonably prevented from attending school;

(2) The child of the teen parent was ill, or injured and required care by the teen;

(3) The child care ordinarily used by the teen was temporarily unavailable and no alternative child care was available;

(4) The teen had a scheduled or emergency appointment for medical, dental or vision care;

(5) The child of the teen had a scheduled or emergency appointment for medical, dental or vision care that required the presence of the teen;

(6) A family member was ill and required full-time care by the teen. A "family member" is defined as an individual related by blood, marriage, adoption, legal assignment (foster parent) or is the other parent of the teen custodial parent's child. The family member shall live in the same household as the teen;

(7) A member of the immediate family died. "Immediate family" is defined as a husband, wife, parent, step-parent, grandparent, step-grandparent, sibling, step-sibling, adoptive sibling, child, stepchild, or the other parent of the teen custodial parent's child. A maximum of five consecutive school days of leave shall be allowed;

(8) A more distant family member died. This includes cousins, uncles, aunts, nephews and nieces. A maximum of three consecutive school days of leave shall be allowed;

(9) Transportation to or from the teen's school is necessary and the transportation ordinarily used was temporarily unavailable;

(10) Transportation to or from child care is necessary and the transportation ordinarily used was temporarily unavailable;

(11) The teen had a scheduled or emergency appointment at a court or the county agency;

(12) Other exceptional circumstance existed that reasonably prevented the teen from attending school.

(O) What happens when an individual fails to comply with their assignment?

Teens who meet one of the exemptions described in paragraphs (D)(4) to (D)(10) of this rule shall be assigned to an alternative educational or training program defined by the county agency, in order to be eligible to participate in OWF. Failure by the teen to comply without good cause with this assignment will result in one of the following two consequences:

(1) A teen who is under eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the county agency is ineligible to participate in OWF.

(2) A teen who is age eighteen who fails without good cause to comply with the alternative educational or training program assignment defined by the county agency shall be referred for participation in a work activity as described in division 5101:1 of the Administrative Code.

(P) What are the grade completion and graduation bonuses?

(1) Grade completion bonus

A one-hundred dollar grade-completion bonus shall be issued for each LEAP program participant included in the AG for each subsequent grade completed, except grade twelve, in a school or alternative school. Grade completion shall be defined by the local school district.

(a) The grade completion bonus shall be issued upon verification from the school that the LEAP program participant has achieved grade completion for the school year. The grade completion bonus is not issued in the retrospective cycle.

(b) Grade completion bonuses shall not be made for participants in adult basic literacy and education courses.

(2) Graduation bonus

A one-time five-hundred dollar bonus shall be issued for a LEAP program participant who has graduated from high school or obtained a high school equivalence diploma. The graduation bonus shall be issued upon verification that the LEAP teen has graduated or obtained a high school equivalence diploma. The graduation bonus is not issued in the retrospective cycle.

(Q) What is the LEAP retrospective cycle?

(1) The LEAP retrospective cycle is comprised of four sequential months. The cycle begins with the attendance month, continues with two processing months, and ends with the payment month. The retrospective cycle remains in place throughout the school year. Attendance shall not be monitored for teens attending summer school. However, when the teen is enrolled and attending a GED program that begins or continues during the summer months, attendance shall be monitored and issuance of the attendance bonus or application of the sanction based on attendance shall be determined using the retrospective cycle.

(2) The following conditions relate to the application of the attendance bonus and the sanction:

(a) The attendance bonus shall not be issued when there is no OWF eligibility in the corresponding payment month.

(b) The attendance bonus and the sanction shall remain with the teen when the teen becomes a member of a new AG.

(i) When the AG was ineligible for OWF in a particular attendance month but reapplies and is eligible for OWF in the corresponding payment month, any bonus earned in the attendance month shall be payable in the corresponding payment month.

(ii) When the teen had excessive unexcused absences during the attendance month that the AG was ineligible for OWF, no sanction shall be applied in the corresponding payment month.

(3) The penalties for failure to attend the scheduled assessment interview, failure to enroll in school, withdrawal from school, or failure to comply with an alternative educational or training program assignment are effective the month following the month of failure or withdrawal, and the retrospective cycle is not used to apply these penalties.

(4) When the participant is no longer subject to the LEAP program requirements and eligibility for OWF continues, the change shall be effective the month following the month the individual's LEAP program requirements end. However, the issuance of the attendance bonus payment or application of the sanction based on attendance information shall continue in the retrospective cycle provided eligibility for OWF continues.

(5) When the mandatory participant who has been ineligible for failure to enroll and to attend school reports and verifies a change in circumstances that allows an exemption from participation, as provided in paragraph (D) of this rule, the change shall be handled in the manner of all reported changes that increase the assistance payment.

(6) When the mandatory participant has been enrolled and has been meeting the school attendance requirement, any change occurring that would allow the teen to be exempt shall be effective the month following the month of change. However, because of the retrospective cycle, the change shall not be reflected until the corresponding payment month.

(7) When the exempt participant meets the reporting responsibilities described in rule 5101:1-2-20 of the Administrative Code and complies with LEAP program requirements, no sanction shall be proposed and no erroneous payment, as defined in section 5107.76 of the Revised Code, occurs. However, when the teen fails to comply with LEAP program requirements, an erroneous payment occurs beginning the first day of the month following the month that the change occurred.

(8) When the teen fails to meet the reporting responsibilities and the county agency determined a change has occurred that would result in the loss of exemption status, the county agency shall schedule an assessment interview. When the teen complies with the assessment and enrollment requirements, an erroneous payment would be computed beginning with the first day of the month following the month the change occurred and would continue until the last day of the month prior to the month of the assessment. When the teen fails to comply with the assessment and enrollment requirements, the erroneous payment shall be computed beginning with the first day of the month following the month of change and shall continue through the last day of the month prior to the imposition of the appropriate penalty.

(R) What are the LEAP and SSC requirements for minor heads of households?

(1) Minor heads of households are subject to both LEAP and SSC requirements. LEAP is the appropriate assignment under the SSC for minor heads of households. When the LEAP teen fails to comply with the LEAP program requirements but complies with all other provisions of the SSC, the teen is subject to the LEAP sanctions and penalties as described in this rule. When the LEAP teen fails to comply with any of the provisions of the SSC, the teen is subject to the sanctions described in section 5107.16 of the Revised Code.

(2) A teen who is eighteen who is a work program participant has the option of returning to regular LEAP participation.

(3) This option cannot be utilized to avoid implementation of a sanction as described in section 5107.16 of the Revised Code.

(S) Is a LEAP required teen exempt from LEAP participation when he or she is a mandatory or volunteer participant in the comprehensive case management and employment program (CCMEP)?

Participation in CCMEP does not exempt a LEAP required teen from LEAP participation. In accordance with rule 5101:14-1-05 of the Administrative Code, a LEAP required teen shall be assigned to participate in LEAP. When the LEAP teen fails to comply with the LEAP program requirements the teen is subject to the LEAP sanctions and penalties described in this rule. Failures to comply with the individual opportunity plan (IOP) are described in rule 5101:14-1-05 of the Administrative Code.

Last updated October 1, 2026 at 9:27 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-60 Ohio works first: underpayments.

(A) What is an Ohio works first (OWF) underpayment?

(1) An OWF benefit received by or for an assistance group (AG) that is less than the amount the AG was eligible to receive; or

(2) The failure by the county agency to issue OWF to an eligible AG. This includes a denial or termination of OWF that resulted from an incorrect determination.

(B) How is an underpayment calculated?

(1) An underpayment is calculated from:

(a) The date of the change, per the reporting responsibilities as described in rule 5101:1-2-20 of the Administrative Code; or

(b) The date that the county agency becomes aware of the change, when the reporting responsibilities as described in rule 5101:1-2-20 of the Administrative Code are not met.

(2) An underpayment shall be calculated for no more than twelve months prior to whichever of the situations in paragraph (B)(1) of this rule occurred first.

(3) The amount of the underpayment is the difference between the amount of OWF that an AG was eligible to receive for a particular period of time and the lesser amount the AG actually received for that same period of time.

(4) In calculating the underpayment amount for situations involving the untimely reporting of income, the county agency shall use the actual income received by the AG, provided all of the documentation is available to the county agency. When all of the documentation is not available, the county agency shall follow the verification provisions as described in rule 5101:1-2-20 of the Administrative Code.

(5) In situations where the error does not involve untimely reporting of income, the county agency shall use the converted income already established for the month(s).

(6) When there is earned income, the appropriate deductions (i.e., earned income disregard, child care costs) are allowed in order to compute the amount of an underpayment.

(7) Underpayments of less than ten dollars are not subject to the minimum payment provisions as described in rule 5101:1-23-40 of the Administrative Code.

Underpayments not offset against erroneous payments as described in rule 5101:1-23-70 of the Administrative Code are adjusted by authorization of a supplemental payment. A supplemental payment shall be issued to correct the underpayment (unless the AG declines the benefits in order to avoid using time-limited months) regardless of whether the AG is currently in receipt of OWF.

Last updated October 1, 2026 at 9:27 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-70 Ohio works first: erroneous payments.

(A) What is the definition of "erroneous payment?"

Section 5107.02 of the Revised Code defines Ohio works first (OWF) as the temporary assistance to needy families (TANF) program established in Title IV-A of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301(8/1981). An "erroneous payment" is defined in section 5107.76 of the Revised Code as a payment of cash assistance under OWF to assistance groups not eligible to receive the assistance. The provisions set forth in this rule apply to all erroneous payments made on or after July 1, 1998, under OWF, including payments of cash assistance for support services funded with TANF monies.

An erroneous payment may occur because of any change in an assistance group's situation which decreases the level of assistance for which the assistance group is eligible. Paragraph (J) of this rule sets forth the provisions for calculating the amount of the erroneous payment.

(B) How are aid to families with dependent children (ADC)/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998 collected?

All ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998 are subject to the provisions set forth in rule 5101:1-23-70.1 of the Administrative Code.

All cash assistance under the former aid to families with dependent children (ADC) or TANF programs and/or OWF erroneous payments that occurred on or after July 1, 1998, or that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998, are to be collected in accordance with the provisions set forth in this rule.

(D) How are work allowance overpayments that occurred prior to October 1, 1997 collected?

Work allowance overpayments that occurred prior to October 1, 1997 are subject to the provisions set forth in rule 5101:1-23-70.2 of the Administrative Code.

(E) Should agency-caused overpayments that occurred prior to October 1, 1997 and that are discovered on or after July 1, 1998 be collected?

The county agency has the option of whether to collect agency caused overpayments that occurred prior to October 1, 1997, and that are discovered on or after July 1, 1998. If the county agency chooses not to collect the overpayment, the debt will remain and can be recovered in accordance with the provisions set forth in this rule. Failure to repay erroneous payments as a result of an agency error does not result in ineligibility for OWF.

(F) What are the responsibilities of the county agency?

(1) Provide the assistance group with frequent and complete explanations of program eligibility, the factors that cause ineligibility and erroneous payments, and the assistance group's responsibility to report changes in income, need, and other circumstances affecting eligibility, as set forth in rule 5101:1-2-20 of the Administrative Code.

(2) Take action to terminate or adjust the OWF payment as soon as the county agency learns of a change in circumstances which affects the assistance group's future eligibility for assistance, in accordance with the hearing provisions set forth in division 5101:6 of the Administrative Code.

(3) Take action to recover the erroneous payments in accordance with the provisions set forth in this rule and sections 5107.05 and 5107.76 of the Revised Code.

(4) When the assistance group has a change, and the change results in the decrease in or termination of OWF cash assistance, the county agency is to issue a notice of adverse action within ten days of the date the change was reported or the county agency becomes aware of the change, unless one of the exceptions to the notice of adverse action in Chapter 5101:6-2 of the Administrative Code applies.

(G) What is the effective date of a budget adjustment?

(1) When a notice of adverse action is issued, the decrease in the benefit level is to be made effective with the OWF benefit 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.

(2) When a notice of adverse action is not issued due to one of the exceptions of rule 5101:6-2-05 of the Administrative Code, the decrease is to be made effective no later than the month following the change. This applies for all reporting requirements listed in rule 5101:1-2-20 of the Administrative Code.

(3) When the change is new employment of an assistance group member, the budget adjustment does not become effective until the later of:

(a) The first day of the month following the month in which the assistance group receives earned income from employment, consistent with the application of the earned income disregard set forth in rule 5101:1-23-20 of the Administrative Code; or

(b) The month following the month in which the notice of adverse action period has expired.

(H) When is an assistance group liable for an erroneous payment?

(1) When the county agency discovers that the assistance group failed to report a change within the timeframes as set forth in rule 5101:1-2-20 of the Administrative Code and as a result of the change, the assistance group received benefits it was not entitled to receive;

(2) When the county agency failed to act on a change timely and as a result, the assistance group received benefits it was not entitled to receive;

(3) When an erroneous payment occurs because an adverse action was proposed, payments continued without change due to a timely hearing request, and the hearing decision affirmed the county agency proposal; or

(4) The assistance group is not liable for an erroneous payment because of a failure to report a change that is not a part of the reporting requirements as set forth in rule 5101:1-2-20 of the Administrative Code.

(a) Not withstanding the requirements in rule 5101:1-2-20 of the Administrative Code, the assistance group is not to report any other changes in circumstances until the next reapplication. In such situations, no erroneous payments exist between the date that the unreported change occurs and the date that the change is reported or the county agency otherwise becomes aware of the change.

(b) 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 within ten days from the date that the change actually occurs.

(I) How is an erroneous payment calculated?

The amount of the erroneous payment is the difference between the amount of benefits the assistance group should have received for a calendar month, and the amount of benefits the assistance group actually received for that month. In determining the amount of an erroneous payment, the agency is to consider the federal Fair Labor Standards Act (FLSA) (6/2012) applicable requirements and/or any other federal labor laws which may apply. When the county agency becomes aware of a change in the assistance group's circumstances, the county agency is to determine the following:

(1) The date on which the change occurred, and whether the change was due to one of the reporting requirements listed in rule 5101:1-2-20 of the Administrative Code.

(2) The date on which the change was reported by the assistance group to the county agency, or the county agency became aware of the change.

(3) In accordance with the provisions set forth in paragraph (G) of this rule, the date on which the decrease or termination of benefits should have been effective had the assistance group reported the change in accordance with the timeframes as set forth in rule 5101:1-2-20 of the Administrative Code and/or had the county agency acted timely on reported and/or discovered change(s).

(4) The dates and amounts of any erroneous payments, by month.

(a) When the assistance group has earned income, the earned income disregards set forth in rule 5101:1-23-20 of the Administrative Code, are to be deducted as appropriate in computing the amount of the erroneous payment.

(b) For any month that the assistance group failed to timely report a change in earned income as set forth in rule 5101:1-2-20 of the Administrative Code, the earned income disregards are to not be deducted from the assistance group's gross earned income in accordance with rule 5101:1-23-20 of the Administrative Code when computing the erroneous payment.

(c) When an erroneous payment occurs because an adverse action was proposed, payments continued without change due to a timely hearing request, and the hearing decision affirmed the county agency proposal, the amount of the erroneous payment is the difference between the amount the assistance group actually received each month, and the amount the assistance group should have received for each month. When specific amounts of erroneous payments are stipulated in the hearing decision, those amounts are binding, in accordance with the rules set forth in division 5101:6 of the Administrative Code.

(d) Child support that is assigned to the Ohio department of job and family services (ODJFS) and which is paid through the child support enforcement agency (CSEA) is to be included in the calculation of the erroneous payment. The county agency is to determine the exact amounts of the following categories prior to computing the erroneous payment:

(i) Child support collected on current obligation.

(ii) Child support used to reimburse assistance paid to the family. 42 U.S.C. 657 (10/1/09) defines what is reimbursable for child support distribution purposes.

(iii) Assistance provided to the assistance group.

(iv) Correct amount of OWF benefits the assistance group should have received. For purposes of this rule only, this amount is to be referred to as the OWF entitlement.

(v) Erroneous payment prior to child support adjustment. The erroneous payment will always equal the difference between OWF actually paid to the assistance group and the OWF entitlement.

(vi) Collectible erroneous payment after child support adjustment.

(vii) The erroneous payment to be collected after child support adjustment is computed using the table in this paragraph and one of the two formulas in the paragraphs immediately following the table.

(J) What is a grant reduction?

Grant reduction is one of the collection methods set forth in section 5107.76 of the Revised Code. If the method of recovery chosen by the county agency is grant reduction, the OWF cash payment is reduced each month until the total amount of the erroneous payment is repaid.

(1) The OWF cash payment may be reduced, provided that for any payment month, the assistance group shall retain from its combined income (without disregards) and assistance payment an amount equal to ninety per cent of the payment standard (as set forth in rule 5101:1-23-20 of the Administrative Code) for an assistance group of the same composition with no other income, unless the assistance group volunteers to pay more. The monthly recovery amount is to be computed from the income and assistance payment available in the payment month. Liquid assets may be explored as well.

(2) If recovery of the erroneous payment through grant reduction reduces the amount payable to the assistance group to zero, the members of the assistance group are considered to be OWF participants.

(3) When an assistance group is eligible for a monthly OWF payment of at least ten dollars, but recovery of an erroneous payment reduces the monthly payment to less than ten dollars, the minimum payment provision set forth in rule 5101:1-23-40 of the Administrative Code does not apply because the assistance group was eligible for a cash payment of at least ten dollars prior to adjustment of the overpayment.

(4) All grant reductions are to be effected with due regard for the fair hearing provisions, including prior notice, set forth in division 5101:6 of the Administrative Code.

(5) If the assistance group becomes ineligible to participate in OWF, the balance of the erroneous payment is to be recovered in accordance with the provisions set forth in section 5107.76 of the Revised Code.

(K) What if an assistance group has an erroneous payment and an underpayment?

When an assistance group has both a current erroneous payment and underpayment as defined in rule 5101:1-23-60 of the Administrative Code, one may be offset against the other provided the erroneous payment is not being challenged under the state hearing procedures as set forth in division 5101:6 of the Administrative Code. There will be no delay in the issuance of the underpayment in this instance.

(1) The county agency will notify the assistance group when an underpayment occurs concurrently with the discovery of an erroneous payment or when there is an outstanding delinquent balance from a previous erroneous payment. The notice will advise the assistance group of the underpayment and the amount the county agency proposes to use to offset the reported or delinquent erroneous payment balance. The assistance group may exercise its right to a state hearing if it disagrees with the decision of the county agency to offset the underpayment against the erroneous payment using the notice. All proposed actions are to be suspended pending the hearing decision.

(2) In a situation in which the underpayment amount is greater than the amount of the erroneous payment, the assistance group is to be issued the difference.

(L) Can an erroneous payment be recovered from a minor child?

As set forth in section 5107.76 of the Revised Code, if a minor child was a member of an assistance group that received an erroneous payment but becomes a member of a new assistance group that does not include a minor head of household or adult who also was a member of the previous assistance group, a county agency is not to take action against the new assistance group to recover the erroneous payment the previous assistance group received.

(M) IV-A/IV-D overpayments

(1) Payments made directly to the assistance group on support orders established or modified prior to December 1, 1986, constitute a IV-D overpayment.

(2) All support orders established or modified on or after December 1, 1986, are to be paid through the CSEA. Payments on such orders which are made directly to the assistance group are not considered child support payments, but are considered a gift to the assistance group. The overpayment created by the assistance group's retention of direct payments constitutes a IV-A overpayment.

(3) In all cases, regardless of the date of the order, payments sent to the assistance group erroneously by the CSEA also constitute a IV-D overpayment.

Last updated July 14, 2026 at 2:10 PM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-70.1 Ohio works first: overpayments of aid to dependent children/ temporary assistance for needy families cash assistance and/or Ohio works first that occurred prior to July 1, 1998.

(A) How are aid to dependent children (ADC)/temporary assistance for needy families (TANF) cash assistance and/or Ohio works first (OWF) overpayments collected that occurred and were discovered prior to July 1, 1998?

ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998, are subject to the provisions set forth in appendix A of this rule. Appendix A of this rule contains the Administrative Code rules that set forth the provisions regarding ADC overpayment identification, computation and collection that existed prior to July 1, 1998.

(B) Should agency caused overpayments that occurred prior to October 1, 1997 be collected?

The county agency has the option of whether to collect agency caused overpayments that occurred prior to October 1, 1997, and that are discovered on or after July 1, 1998. If the county agency chooses not to collect the overpayment, the debt will remain and can be collected at any time by following the process outlined in rule 5101:1-23-70 of the Administrative Code. Failure to repay erroneous payments as a result of an agency error does not result in ineligibility of OWF.

(C) How are ADC/TANF cash assistance and/or OWF erroneous payments collected that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998?

ADC/TANF cash assistance and/or OWF erroneous payments that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998, are to be recovered in accordance with the provisions set forth in rule 5101:1-23-70 of the Administrative Code.

View Appendix

Last updated January 2, 2025 at 8:35 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-70.2 Ohio works first: work allowance overpayments that occurred prior to October 1, 1997.

(A) How are Ohio works first (OWF) work allowance overpayments that occurred and were discovered prior to October 1, 1997 collected?

Work allowance overpayments that occurred and were discovered prior to October 1, 1997, are subject to the provisions set forth in appendix A to this rule. Appendix A to this rule contains the Administrative Code rules regarding collection of OWF work allowance overpayments that existed prior to October 1, 1997.

(B) How are OWF work allowance overpayments that occurred prior to October 1, 1997, and were discovered on or after October 1, 1997 collected?

Work allowance overpayments that occurred prior to October 1, 1997, and were discovered on or after October 1, 1997, are to be recovered in accordance with the provisions set forth in section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code.

View Appendix

Last updated January 2, 2025 at 8:35 AM

History

Effective: January 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5101:1-23-75 Ohio works first and prevention, retention and contingency: assistance group ineligibility due to receipt of fraudulent assistance.

(A) What is fraudulent assistance?

In accordance with section 5101.83 of the Revised Code, "fraudulent assistance" means assistance and services, including cash assistance provided under the Ohio works first (OWF) program established under Chapter 5107. of the Revised Code, or benefits and services provided under the prevention, retention and contingency (PRC) program established under Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intentional violation of the program's requirements. Fraudulent assistance does not include assistance or services paid to or on behalf of an assistance group that is provided as a result of an error that is the fault of the county department of job and family services (CDJFS) or the Ohio department of job and family services (ODJFS).

(B) What is an intentional violation of the program's requirements?

(1) An intentional violation is defined as an act by an individual, for the purpose of establishing or maintaining the family's eligibility for OWF or PRC or for increasing or preventing a reduction in the amount of assistance, which is intentionally: a false or misleading statement or misrepresentation, concealment, or withholding of facts; or any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

(2) An intentional violation of the OWF or PRC program requirements can be established in one of four circumstances:

(a) A court of appropriate jurisdiction has found that the individual has committed a criminal offense connected to a violation of the OWF and/or PRC program requirements.

(b) An administrative disqualification hearing decision finds that the individual has committed an intentional program violation, as described in rules 5101:6-20-16 and 5101:6-20-17 of the Administrative Code.

(c) The individual signs a waiver of the disqualification hearing described in rule 5101:6-20-30 of the Administrative Code.

(d) The individual signs a disqualification consent agreement as described in rule 5101:6-20-40 of the Administrative Code.

When a county agency director determines that an assistance group has received fraudulent assistance in accordance with the provisions described in paragraph (A) of this rule, the assistance group is ineligible to participate in the OWF program or the PRC program until a member of the assistance group repays the cost of the fraudulent assistance. Ineligibility as a result of one of the conditions described in paragraphs (B)(2)(a) to (B)(2)(d) of this rule begins not later than the first day of the second month following the issuance of the notice of disqualification for intentional program violation (i.e., the issuance of the JFS 04062, "Notice of Disqualification for Intentional Program Violation").

(D) How is receipt of fraudulent assistance handled when there is assistance group movement and children in the assistance group?

When the assistance group members are ineligible in accordance with the provisions described in paragraph (C) of this rule, the caretaker(s) and the child(ren) remain ineligible until the fraudulent payment is repaid. When the child(ren) subsequently cease to reside with the ineligible caretaker(s), the ineligibility period ceases for the child(ren).

(E) How is repayment of the fraudulent assistance handled?

When a member of the assistance group repays the cost of the fraudulent assistance, and the assistance group otherwise meets the eligibility requirements for the OWF or the PRC program, the assistance group shall not be denied the opportunity to participate in the program. The beginning date of aid for assistance group members ineligible due to this provision who reapply to participate in OWF can be as early as the date on which the cost of the fraudulent assistance is repaid in full, provided that an application for assistance is submitted and all other eligibility requirements are met as of that date.

Last updated July 7, 2022 at 8:42 AM

History

Effective: July 7, 2022
Promulgated Under: 119.03

Chapter 5101:1-24 Prevention, Retention, and Contingency (PRC) Program

Ohio Adm.Code 5101:1-24-20 Prevention, retention and contingency program: excluded income and resources.

What is excluded as income and resources when determining financial eligibility for prevention, retention and contingency (PRC) benefits and services?

(A) Child support payment distributions made by the Ohio department of job and family services (ODJFS) pursuant to division (C) of Section 1 of Am. S.B. 170 of the 124th General Assembly (10/2001).

(B) All income that is federally excluded in the determination of eligibility for federal needs-based programs. Federally excluded income includes the income sources identified in paragraphs (C) and (D) of this rule.

(C) Drug discounts and transitional assistance received under the Medicare Prescription Drug, Improvement, and Modernization Act, at Section 1860D-31(g)(6) of the Social Security Act (12/2003). The language in Section 1860D-31(g)(6) of the Social Security Act states that the availability of negotiated prices or transitional assistance under this section shall not be treated as benefits or otherwise taken into account in determining an individual's eligibility for, or the amount of benefits under any other federal program.

(D) Monetary allowances paid under Section 401 of the Veterans Benefits and Health Care Improvement Act of 2000, effective November 1, 2000. Payments authorized and made by the department of veterans affairs to provide certain benefits, including a monthly monetary allowance for children with covered birth defects who are the natural children of women veterans who served in the republic of Vietnam from February 28, 1961 through May 7, 1975.

Last updated September 1, 2026 at 8:06 AM

History

Effective: September 1, 2026
Promulgated Under: 119.03

Ohio Administrative Code 5101:1 — Department of Job and Family Services | Division of Public Assistance

Chapter 5101:1-1 General Provisions

Ohio Adm.Code 5101:1-1-01 Temporary assistance for needy families definitions.

Ohio Adm.Code 5101:1-1-03 Disclosure of recipient information, nondiscrimination, and treatment of information received from the internal revenue service and social security administration.

Ohio Adm.Code 5101:1-1-13 Case records, retention and transfer of records.

Ohio Adm.Code 5101:1-1-36 Income and eligibility verification system (IEVS).

Ohio Adm.Code 5101:1-1-50 Written declaration of citizenship/alien status and the use of the systematic alien verification for entitlements system.

Ohio Adm.Code 5101:1-1-90 Ohio works first: state tax refund offset program.

Chapter 5101:1-2 Application Process; Verification

Ohio Adm.Code 5101:1-2-01 The application process for Ohio works first and refugee cash assistance.

Ohio Adm.Code 5101:1-2-10 The recertification requirement.

Ohio Adm.Code 5101:1-2-15 Voter registration requirement.

Ohio Adm.Code 5101:1-2-20 Ohio works first, and refugee cash assistance: verification and reporting requirements.

Ohio Adm.Code 5101:1-2-30 Citizenship and alien status: Ohio works firstand disability financial assistance.

Ohio Adm.Code 5101:1-2-30.1 Benefit eligibility: victims of trafficking.

Ohio Adm.Code 5101:1-2-30.2 Benefit eligibility: indefinite detainees or lifers.

Ohio Adm.Code 5101:1-2-30.3 Benefit eligibility: family members of victims of trafficking.

Ohio Adm.Code 5101:1-2-35 Sponsor-to-alien deeming requirements: Ohio works firstand disability financial assistance.

Ohio Adm.Code 5101:1-2-40.1 Refugee cash assistance.

Ohio Adm.Code 5101:1-2-50 Ohio works now.

Ohio Adm.Code 5101:1-2-60 Repatriate program.

Ohio Adm.Code 5101:1-2-70 Issuance of cash assistance benefits.

Ohio Adm.Code 5101:1-2-85 Cash assistance: new hire reporting program (W-4).

Chapter 5101:1-3 Ohio Works First

Ohio Adm.Code 5101:1-3-01 Ohio works first: federal outcome measures.

Ohio Adm.Code 5101:1-3-02 Ohio works first: school attendance.

Ohio Adm.Code 5101:1-3-03 Ohio works first: residence and living arrangement requirement.

Ohio Adm.Code 5101:1-3-04 Ohio works first: temporary absence.

Ohio Adm.Code 5101:1-3-04.1 Ohio works first: shared parenting (joint custody).

Ohio Adm.Code 5101:1-3-07 Ohio works first: evidence of age, citizenship, and identity.

Ohio Adm.Code 5101:1-3-09 Ohio works first: social security number requirement.

Ohio Adm.Code 5101:1-3-10 Ohio works first: child support requirement.

Ohio Adm.Code 5101:1-3-11 Ohio works first (OWF): Comprehensive assessment and self sufficiency contract.

Ohio Adm.Code 5101:1-3-12 Ohio works first: work activities.

Ohio Adm.Code 5101:1-3-12.1 Unsubsidized employment.

Ohio Adm.Code 5101:1-3-12.2 Subsidized public and private employment.

Ohio Adm.Code 5101:1-3-12.3 Work experience program.

Ohio Adm.Code 5101:1-3-12.4 On-the-job training.

Ohio Adm.Code 5101:1-3-12.5 Job search and job readiness assistance.

Ohio Adm.Code 5101:1-3-12.6 Community service.

Ohio Adm.Code 5101:1-3-12.7 Vocational educational training.

Ohio Adm.Code 5101:1-3-12.8 Providing child care services to an individual who is participating in a community service program.

Ohio Adm.Code 5101:1-3-12.9 Job skills training directly related to employment.

Ohio Adm.Code 5101:1-3-12.10 Education directly related to employment in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

Ohio Adm.Code 5101:1-3-12.11 Satisfactory attendance at secondary school or in a course of study leading to a certificate of high school equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

Ohio Adm.Code 5101:1-3-12.12 Alternative activities.

Ohio Adm.Code 5101:1-3-13 Ohio works first: good cause for work activity failures.

Ohio Adm.Code 5101:1-3-14 Ohio works first: penalties.

Ohio Adm.Code 5101:1-3-15 Ohio works first: three-tier sanctions.

Ohio Adm.Code 5101:1-3-15.1 Transition of Ohio works first sanctioned assistance groups and compliance.

Ohio Adm.Code 5101:1-3-16 The prevention, retention, and contingency employer subsidy.

Ohio Adm.Code 5101:1-3-18 Individual development account program.

Ohio Adm.Code 5101:1-3-20 Ohio works first: domestic violence- information, screening, referral and waiver of eligibility requirements.

Chapter 5101:1-23 Income

Ohio Adm.Code 5101:1-23-01 Ohio works first: time-limited receipt of assistance.

Ohio Adm.Code 5101:1-23-01.1 Ohio works first: calculation of the twenty per cent limits for state and federal hardship extensions.

Ohio Adm.Code 5101:1-23-10 Ohio works first: assistance group determination.

Ohio Adm.Code 5101:1-23-20 Ohio works first: income and eligibility.

Ohio Adm.Code 5101:1-23-20.1 Ohio works first: excluded income.

Ohio Adm.Code 5101:1-23-20.2 Ohio works first: allocation of income.

Ohio Adm.Code 5101:1-23-40 Ohio works first: payments.

Ohio Adm.Code 5101:1-23-50 Ohio works first: learning, earning and parenting program.

Ohio Adm.Code 5101:1-23-60 Ohio works first: underpayments.

Ohio Adm.Code 5101:1-23-70 Ohio works first: erroneous payments.

Ohio Adm.Code 5101:1-23-70.1 Ohio works first: overpayments of aid to dependent children/ temporary assistance for needy families cash assistance and/or Ohio works first that occurred prior to July 1, 1998.

Ohio Adm.Code 5101:1-23-70.2 Ohio works first: work allowance overpayments that occurred prior to October 1, 1997.

Ohio Adm.Code 5101:1-23-75 Ohio works first and prevention, retention and contingency: assistance group ineligibility due to receipt of fraudulent assistance.

Chapter 5101:1-24 Prevention, Retention, and Contingency (PRC) Program

Ohio Adm.Code 5101:1-24-20 Prevention, retention and contingency program: excluded income and resources.

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