Ohio Adm.Code 5101:4 | Ohio Administrative Code 5101:4 — Department of Job and Family Services | Division of Food Stamps

Chapter 5101:4-1 General Provisions

Ohio Adm.Code 5101:4-1-03 Food assistance: definitions.

(A) This rule describes the terms and meanings used to administer the supplemental nutrition assistance program (SNAP). Unless otherwise noted, the definitions in this rule apply throughout division 5101:4 of the Administrative Code. These definitions are not intended to fully explain or to limit the scope of any action in the administration of the program.

(B) Definition:

(1) "Allotment" means the total value of SNAP benefits an assistance group (AG) is authorized to receive during each month or other time period. The allotment may be issued in the form of a check (cash-out) or electronic benefit transfer (EBT).

(2) JFS 07200 "Supplemental Nutrition Assistance Program (SNAP), Cash , Medical and/or Child Care Assistance Application" means the document utilized by the state of Ohio as an application for cash, food, and medical assistance. It is also a screening device for determining entitlement to expedited SNAP benefits. It is the beginning step in the application process and is used in conjunction with the interactive interview.

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

(4) "Assistance group name" means the case name. All AGs will have an AG name. The AG name may but does not have to be the applicant. The person designated as the AG name will be the person to receive all notices and will assume all responsibilities such as reviewing the application form for completeness and validity, signing and dating the application, participating in the interactive interview and accepting the program rights and responsibilities unless the AG has designated an authorized representative to apply on their behalf.

(5) "Assistance group payee" means a person who is designated to receive the benefits for an AG. The person who is the AG name will be the payee unless the AG has an authorized representative to receive the benefits. There will only be one AG payee per AG and benefits will only be issued to this person.

(6) "Beneficiary and earnings data exchange (BENDEX)" means the system that is used to verify social security benefit information.

(7) "Case file or case record" means all program information, verification, application, forms, notices and journal entries used to make an eligibility determination for the AG.

(8) "Code of Federal Regulations (CFR)" means the codification of the rules published in the Federal Register by the United States government.

(9) "Comprehensive Assessment" means an in-depth evaluation of employability skills coupled with counseling on how and where to search for employment.

(10) "Date of entry" means the date established by U.S. citizenship and immigration services (USCIS) as the date an alien was admitted into the United States.

(11) "Department of housing and urban development (HUD)" means a governmental agency that provides housing to low-income households.

(12) "Drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private nonprofit organization or institution, or publicly operated community mental health center, under part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x) (1992).

(13) "Elderly or disabled member" means a member of an AG who:

(a) Is sixty years of age or older;

(b) Receives supplemental security income (SSI) benefits under Title XVI of the Social Security Act of 1935 or disability or blindness payments under Title I, II, X, XIV, or XVI of the Social Security Act;

(c) Is a veteran with a service-connected or nonservice-connected disability rated by the veterans administration as total or paid as total under Title 38 of the United States Code (U.S.C.) (2002);

(d) Is considered in need of regular aid and attendance or permanently housebound under such title of the code;

(e) Is a surviving spouse of a veteran and considered by the veterans administration to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the veterans administration to be permanently incapable of self-support under Title 38 of the U.S.C.;

(f) Is a surviving spouse or surviving child of a veteran and considered by the veterans administration to be entitled to compensation for a service-connected death or pension benefits for a nonservice-connected death under Title 38 of the U.S.C. and has a disability considered permanent under section 221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not receiving them;

(g) Receives federally or state-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

(h) Receives disability retirement benefits from a governmental agency because of disability considered permanent under section 221(i) of the Social Security Act;

(i) Received an annuity payment under section (2)(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive medicare by the railroad retirement board; or section (2)(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act;

(j) Is a recipient of interim assistance benefits pending the receipt of supplemental security income; or

(k) Receives federally or state administered supplemental benefits under section 212(a) of P.L. No. 93.66, 42 U.S.C. 1382, (12/2013).

(14) "Eligibility determination/benefit calculation (ED/BC)" means the automated process of determining eligibility and the level of benefits by the Ohio benefits integrated eligibility system which is based on data entered into the system.

(15) "Eligibility worker" means an employee of the county agency responsible for determining eligibility for SNAP.

(16) "Eligible foods" means:

(a) Any food or food product intended for human consumption except alcoholic beverages, tobacco, hot foods, hot food products prepared for immediate consumption;

(b) Seeds and plants to grow foods for the personal consumption of eligible AGs;

(d) Meals served by a communal dining facility for the elderly and their spouses, disabled recipients who receive social security or supplemental security income (SSI) and their spouses, and to homeless AGs;

(e) Meals prepared and served by an authorized drug addict or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and their children who live with them;

(f) Meals prepared and served by a group living arrangement facility to residents who are blind or disabled as defined in paragraphs (B) ( 14)(b) to (B) (14)(k) of this rule;

(g) Meals prepared and served by a shelter for battered individuals and children to its eligible residents;

(h) Meals prepared and served by an authorized public or private nonprofit establishment (e.g., soup kitchen, temporary shelter), as determined by the county agency, which provides meals on a regular basis to homeless persons; and

(i) Container deposit fee necessary to purchase any food or food product contained in a returnable bottle, can or other container, regardless of whether the fee is included in the shelf price posted for the food or food product, as long as the amount does not exceed the state's container deposit fee.

(17) "Food and nutrition service (FNS)" means the federal agency of the United States department of agriculture (USDA) responsible for the overall administration of the SNAP program.

(18) "Guardian" 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 child under the age of eighteen to the extent provided in the court's order and subject to residual parental rights of the child's parents.

(19) "Guardianship payments" means a payment made to a person who becomes a legal guardian of a child under the age of eighteen that can include:

(a) Kinship care payments which enables children and families to remain connected to their family of origin; or

(b) Subsidized guardianship payments for foster care which enables children who cannot be adopted, and do not live with relatives, to have a greater degree of permanency.

(20) "Group home" means a public or private nonprofit residential setting that provides its residents with a majority of their meals (over fifty per cent of their meals daily), has no more than sixteen residents, and is certified by a public agency of the state of Ohio under section 1616(e) of the Social Security Act, or under standards determined by the secretary of the United States department of agriculture to be comparable to standards implemented by appropriate state agencies under section 1616(e) of the Social Security Act. In accordance with rule 5101:4-6-26 of the Administrative Code to be eligible, for SNAP benefits, a resident of the group home is to be blind or disabled as defined in paragraphs (B)(13)(b) to (B)(13)(k) of this rule.

(21) "Group living arrangement" means the same as a group home.

(22) "Homeless individual" means an individual who lacks a fixed and regular nighttime residence, including, but not limited to, an individual who will imminently lose their nighttime residence; or an individual whose primary nighttime residence is:

(a) A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);

(b) A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;

(c) A nighttime residence which is a temporary accommodation for no more than ninety days from the date the temporary accommodation began in the residence of another individual; or

(d) A place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places).

(23) "Homeless meal provider" means an authorized public or private establishment (e.g., soup kitchen, temporary shelter), which provides meals on a regular basis for homeless persons, as determined by the county agency.

(24) "Household" means a personal place of residence where persons live together at the same common address. The persons may but do not have to be related. Group homes and commercial establishments such as hotels or boarding houses are not included in this definition of household.

(25) "Income and Eligibility Verification System (IEVS)" means a system of information acquisition and exchange for purposes of income and eligibility verification which meets the requirements of section 1137 of the Social Security Act.

(26) "Interactive interview" means the interview between the eligibility worker and the applicant or authorized representative to discuss eligibility information to determine benefits. The interview may be conducted face-to-face, by telephone or a home visit.

(27) "Internal revenue service (IRS)" means the federal agency responsible for the administration of governmental income from taxes, including collection of taxes and enforcement of tax laws.

(28) "Kinship support payments" means the payment that is received by caretakers for children in accordance with rule 5180:3-13-18.2 of the Administrative Code.

(29) "Management evaluation (ME) review," means an analysis conducted to determine if a county agency is administering and operating the SNAP program in accordance with program requirements.

(30) "Minimum benefit" means the lowest full monthly amount of SNAP that an eligible one or two person AG may receive. By law, this amount is eight per cent of the maximum allotment for an AG containing one member, rounded to the nearest dollar.

(31) "Non-assistance" means an AG that participates in the SNAP program but at least one of its members does not receive public assistance.

(32) "Ohio Benefits Case Worksheet-Cash & SNAP Interview (JFS 01846)" means the document which is utilized by the state of Ohio to gather data for the cash, food, and medical assistance programs for home visits and telephone interviews when the Ohio benefits integrated eligibility system is unavailable. The applicant is to acknowledge the information on the form by signing and dating the form.

(33) "Ohio benefits integrated eligibility system" means centralized statewide automated eligibility system that supports all eighty-eight county agencies in determining and issuing program benefits.

(34) "Ohio works first (OWF)" means a temporary assistance for needy families (TANF) time limited cash assistance program for eligible low-income families aimed to promote self-sufficiency and employment funded under Title IV-A of the Social Security Act. This program was formerly referred to as the "TANF program" and the "ADC program."

(35) "Ohio works first (OWF) recipient" means any person who receives an OWF payment, in accordance with rule 5101:1-23-01 of the Administrative Code.

(36) "Overpayment" means the amount by which benefits issued to an AG exceed the amount the AG was eligible to receive.

(37) "Public assistance (PA)" means any of the following programs authorized by the Social Security Act: old-age assistance; TANF funded under Title IV-A of the Social Security Act; aid to the blind; aid to the permanently and totally disabled; and aid to the aged, blind, or disabled.

(38) "Quality control (QC) review" means a review of a statistically valid sample of active and negative cases to determine the extent to which households are receiving the SNAP allotments to which they are entitled, and to determine the extent to which decisions to deny, suspend or terminate cases are correct.

(39) "Retail food store" means an establishment or recognized department of an establishment, or a house-to-house trade route, that either offers the sale of qualifying staple food items on a continuous basis or has more than fifty per cent of its total gross retail sales in staple food items for home preparation and consumptionas determined by FNS. This includes public or private communal dining facilities and meal delivery services; private nonprofit drug addict or alcoholic treatment and rehabilitation programs; publicly operated community mental health centers for drug addicts and/or alcoholics; public or private nonprofit group living arrangements; public or private nonprofit shelters for battered persons and children; public or private establishments approved by an appropriate state or local agency that feeds homeless persons; any private nonprofit cooperative food purchasing venture, including those whose members pay for food prior to receipt of the food; and a farmer's market.

(40) "Shelter for battered person and children" means a public or private nonprofit residential facility that serves battered individuals and their children. When such a facility serves other individuals, a portion of the facility is to be set aside on a long-term basis to serve only battered individuals and their children.

(41) "SNAP program" means a program designed to promote general welfare and to safeguard the health and well-being of the nation's population by raising the levels of nutrition among low-income households.

(42) "Social security administration (SSA)" means the federal agency responsible for the administration of benefits for retirement, survivors', or disability benefits.

(43) "Spouse" means:

(a) Those defined as married to each other under applicable state law and those required to be recognized as married pursuant to the United States supreme court decision in Obergefell v. Hodges, 576 U.S., 135 S. Ct. 2584 (2015); or

(b) Those who are living together and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or tradespeople. Since October 10, 1991 Ohio has not recognized common law marriages so only couples established as a common law marriage prior to October 10, 1991 fall under this definition.

(44) "State agency" means the Ohio department of job and family services (ODJFS), including the local offices, that have the responsibility for the administration of the federally aided public assistance programs within the state.

(45) "State data exchange (SDX)" means the system used to verify supplemental security income (SSI) benefits.

(46) "Substantial lottery or gambling winnings" means a cash prize won in a single game before taxes or other withholdings are taken that is equal to or greater than the maximum allowable financial resource limit for elderly or disabled households as outlined in rule 5101:4-4-01 of the Administrative Code. In Ohio this may include but is not limited to payouts from casinos, racinos, slot machines, poker, and keno and other forms of gambling. All AGs are subject to report lottery or gambling winnings equal to or greater than the limit defined in rule 5101:4-4-01 of the Administrative Code. Resource limits are reviewed and adjusted annually; a food assistance transmittal letter is issued notifying the county agencies of the updated amounts. Division 3770:1 of the Administrative Code describes the types of lottery permitted in Ohio. Section 2915.01 of the Revised Code defines gambling as permitted in Ohio. This is not limited to substantial lottery or gambling winnings won only in Ohio.

(47) JFS 07200 "Supplemental Nutrition Assistance Program (SNAP), Cash, Medical and/or Child Care Assistance Application" means the document utilized by the state of Ohio as an application for cash, food, and medical assistance. It is also a screening device for determining entitlement to expedited SNAP benefits. It is the beginning step in the application process and is used in conjunction with the interactive interview.

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

(49) "Supplemental security income (SSI) recipient" means a person who receives SSI payments, whose entire SSI grant is being recouped, whose SSI case is in suspended status, or whose SSI has been authorized but payment has yet to be received.

(50) "Systematic alien verification for entitlements (SAVE)" means the U.S. citizenship and immigration services (USCIS) whereby county agencies may verify the validity of documents provided by aliens applying for SNAP benefits by obtaining information from a central data file.

(51) "Temporary assistance for needy families (TANF)" means a program funded under Title IV-A of the Social Security Act. This is the title used in federal legislation and regulations. Ohio has adopted the title "Ohio works first (OWF)" for its Title IV-A cash assistance program and the "prevention, retention, and contingency program (PRC)" for its benefits and services program.

(52) "Thrifty food plan" means one of four food plans developed by the United States department of agriculture(USDA) that estimates the cost of a healthy diet across various price points. The thrifty food plan is the lowest cost of the four. It represents a nutritious, practical, cost-effective diet prepared at home for a "reference" family, which is defined in federal law as an adult male and female, ages twenty to fifty, and two children, ages six to eight and nine to eleven. It is the basis for determining maximum SNAP allotments for all AG sizes.

(53) "U.S. citizenship and immigration service (USCIS)" (formerly known as the immigration and naturalization service) is an agency under the department of homeland security.

(54) "United States department of agriculture (USDA)" means the federal agency responsible for overseeing the SNAP program.

(55) "Workforce Innovation and Opportunity Act (WIOA)" means the legislation providing funding for job training, adult education, education for youths, employment for dislocated workers, and vocational rehabilitation. This legislation was formerly administered by the Workforce Investment Act of 1998.

Last updated August 3, 2026 at 8:54 AM

History

Effective: August 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-1-04 Food assistance: benefit issuance and use.

(A) How are supplemental nutrition assistance program (SNAP) benefits issued?

SNAP benefits are issued to assistance groups (AGs) on an electronic benefit transfer (EBT) card using a direct access system known as an EBT on-line system.

(B) What can AGs use SNAP benefits for?

SNAP benefits can be used by AG members to purchase eligible foods, including seeds and plants, for home consumption and use. Items allowed to be purchased with the EBT card are established by the United States department of agriculture (USDA) food and nutrition service (FNS) and are described in rule 5101:4-1-03 of the Administrative Code.

AGs are not required to have cooking facilities or access to cooking facilities to be eligible for SNAP benefits.

(D) Where can an EBT card be used?

Local FNS field offices are responsible for the licensing and monitoring of retail food stores participating in the SNAP program. FNS will authorize participation of:

(1) Retail food outlets;

(2) Communal dining facilities;

(3) Meals on wheels programs;

(4) Drug and alcohol treatment centers;

(5) Residents of group living arrangements;

(6) Cooperatives;

(7) Homeless meal providers, including soup kitchens;

(8) Shelters for battered persons and children.

(E) What is a communal dining facility?

A communal dining facility is a public or nonprofit establishment, authorized by FNS, which prepares and serves meals for elderly persons or supplemental security income (SSI) recipients and their spouses. It also includes senior citizens' centers, apartment buildings occupied primarily by the elderly or SSI recipients and their spouses, or private nonprofit establishments (eating or otherwise) that feed elderly persons or SSI recipients and their spouses, and federally subsidized housing for the elderly at which meals are prepared for and served to the residents.

(F) What is a meals on wheels program?

A meals on wheels program is a nonprofit meal delivery service authorized to be a retailer that delivers meals to individuals who are sixty years of age or over, housebound, physically handicapped, or otherwise disabled to the extent they are unable to adequately prepare all their meals. Eligible AG members and their spouses may use benefits to purchase meals from a meals on wheels program.

(G) What is a cooperative?

A cooperative is a private nonprofit food purchasing venture authorized by FNS, which allows members to pool their resources to buy food. It also may allow members to pay for food prior to its receipt.

Last updated September 1, 2026 at 8:05 AM

History

Effective: September 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-1-05 Food assistance: personnel standards, bilingual staff and materials, records and reports.

(A) What are the personnel standards?

(1) County agency personnel used in the certification process shall be employed in accordance with the current standards for the merit system of personnel administration or any standards later prescribed by the United States civil service commission under section 208 of the Intergovernmental Personnel Act of 1970. County agency employees meeting the requirements of this paragraph shall perform the interview required by rule 5101:4-2-07 of the Administrative Code. Volunteers and other non-county agency employees are not to conduct certification interviews or certify supplemental nutrition assistance program (SNAP) applicants.

(2) Supplemental security income (SSI) assistance groups certified under the joint processing requirements and disaster victims applying under emergency eligibility standards authorized by the United States department of agriculture food and nutrition service (FNS) may be certified by personnel who are not under the state merit personnel system.

(3) County agencies are encouraged to use volunteers in related activities such as: outreach, prescreening, assisting applicants in the application and certification process, and securing needed verification.

(4) Individuals and organizations who are parties to a strike or lockout may not be used in the certification process except as a source of verification of information supplied by the applicant.

(5) Only authorized employees of the state, county agencies, electronic benefit transfer (EBT) card issuers, and federal employees involved in administration of the program are to be permitted access to issuance documents.

(6) Any individuals involved in a SNAP employment and training (E&T) work activity program who have access to the Ohio benefits integrated eligibility system will be subject to existing confidentiality regulations. Workfare and work experience program (WEP) participants who work at the county agency will be fully informed of confidentiality provisions and are to sign a nondisclosure pledge. County agencies are to follow their own policies and procedures regarding confidentiality issues.

(7) The county agency shall employ sufficient staff to certify and issue benefits to eligible assistance groups and process fair hearing requests within the timeliness standards. Outreach activities and other program functions must also be performed as specified.

(B) What are the requirements for bilingual staff and certification materials?

(1) Based on the estimated total number of low-income assistance groups in a county speaking the same non-English language (a single language minority), the county agency shall provide bilingual program information and certification materials, and staff or interpreters. "Single language minority" refers to assistance groups speaking the same non-English language and do not contain adult(s) fluent in English as a second language.

(2) The county agency shall provide certification materials used in program informational activities in the appropriate language(s) as follows:

(a) In counties with less than two thousand low-income assistance groups, when approximately one hundred or more of those assistance groups are of a single language minority;

(b) In counties with two thousand or more low-income assistance groups, when five per cent or more of those assistance groups are of a single language minority; or

(3) The county agency shall provide both certification materials in the appropriate language and bilingual staff or interpreters when they provide service to over one hundred single language minority low-income assistance groups, or when the county has a total of less than one hundred low-income assistance groups and a majority of those assistance groups are of a single language minority.

(a) Certification materials shall include the SNAP application form, change report form, and notices to assistance groups.

(b) When notices are required in only one language other than English, notices may be printed in English on one side and in the other language on the reverse side. When the county agency is required to use several languages, the notice may be printed in English and may contain statements in other languages summarizing the purpose of the notice and the telephone number (toll-free number or a number where collect calls will be accepted for assistance groups outside the local calling area) the assistance group may call to receive additional information.

(4) In counties with a seasonal influx of non-English speaking assistance groups, the county agency shall provide bilingual materials and staff or interpreters as required when, during the seasonal influx, enough single language minority, low-income assistance groups move into the area to trigger the requirements.

(5) The county agencies subject to the requirements of paragraph (B)(2) or (B)(3) of this rule shall provide sufficient bilingual staff or interpreters for the timely processing of non-English speaking applicants.

(1) Each county agency shall keep such records and submit such reports and other information as required by the Ohio department of job and family services (ODJFS). Each county agency shall retain all program records in an orderly fashion for audit and review purposes.

(2) Program records shall be retained in an automated system or manually for a period of three years from the month of origin of each record. These records include applications for certification or recertification, including required FNS or state agency forms: work sheets used in the computation of income for eligibility and benefit level; documentation including verification techniques employed by the eligibility worker; copies of forms sent to the issuance unit authorizing or changing participation or basis of issuance; and copies of notices of adverse action and other notices sent to the client. County agencies shall also retain responses received from applicants, fair hearing decisions, reconsiderations, and copies of compliance reports completed by the county agency.

(3) The county agency shall retain fiscal records and accountable documents in an automated system or manually for three years from the date of fiscal or administrative closure. Such records include, but are not limited to, claims and documentation of lost benefits. "Fiscal closure" means the obligation for or against the federal government has been liquidated. "Administrative closure" means no further action to eliminate the obligation is appropriate. Acceptable alternative retention methods for issuance documents are provided in rules 5101:9-9-21 to 5101:9-9-21.1 of the Administrative Code.

(4) All other records and reports not otherwise mentioned above shall be retained indefinitely unless prior approval for destruction has been received from the ODJFS office of legal services.

(5) All county-published forms that do not exactly duplicate the format of state-approved forms require the approval of the ODJFS, food assistance policy section prior to their use. No state hearing form shall deviate from copies of forms in the "State Hearings Manual," or the Ohio benefits integrated eligibility system equivalents, unless prior approved by ODJFS.

(6) In order to safeguard certification and issuance records, the county agency shall establish an organizational structure dividing responsibility for eligibility determinations and SNAP benefit issuance among certification, data management, and issuance units.

(7) Under the Food and Nutrition Act of 2008, each state agency is responsible for determining and reporting certification error rates as calculated by the state's quality control subsystem that is one part of the performance reporting system (along with the management evaluation program). State quality control reviews must be conducted in accordance with the provisions of 7 CFR sections 275.10 to 275.14 (6/2010) as well as the material contained in the "FNS Handbook" section 310.

Last updated December 1, 2025 at 9:46 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-1-13 Food assistance: availability of information, program administration, office operations, and income eligibility verification system information.

(A) What information about the supplemental nutrition assistance program (SNAP) is the county agency to make available?

(1) State agency certification handbooks are to be made available for review upon request.

(2) The following posters are to be displayed in all county agencies:

(a) The "And Justice for All" poster (Form AD-475B) (9/2019). This poster may be downloaded from the United States department of agriculture food and nutrition service (FNS) web site at https://www.usda.gov/oascr/and-justice-all;

(b) The JFS 07207 "Your SNAP Rights" poster;

(d) The JFS 08083 "Do You Have a Disability" poster.

(3) Optional information to be made available:

(a) County agencies may make printed materials available such as pamphlets, fliers and posters that contain current basic information about the following items:

(i) Eligibility requirements and program benefits;

(ii) Application procedures including how to obtain and file applications;

(iii) The documentation required for completing applications;

(iv) Applicants' rights to receive applications when they are requested, file applications the day they are received, and receive benefits (if determined to be eligible) within thirty days of filing applications;

(v) Expedited service;

(vi) Fair hearings;

(vii) Out-of-office interview provisions;

(viii) Procedures for filing a complaint;

(ix) The locations and hours of operation of the county agency; and

(x) A telephone number where information on filing complaints and the location and hours of service may be obtained in lieu of providing this information in printed form.

(b) When this material is made available, it is to be available in languages other than English as outlined in rule 5101:4-1-05 of the Administrative Code and is to include the SNAP program nondiscrimination statement.

(B) What procedures shall a county agency establish to administer the SNAP program?

(1) County agencies are responsible for setting their hours of operation. In doing so, county agencies shall take into account the special needs of the populations they serve, such as, but not limited to assistance groups:

(a) Containing a working person;

(b) With elderly, disabled, or medically fragile members;

(d) Containing homeless individuals;

(e) Residing on reservations; and

(f) With adult members who are not proficient in English.

(2) The county agency shall have a procedure for informing persons who wish to apply for SNAP about the application process and their rights and responsibilities.

(3) The county agency shall provide timely, accurate, and fair service to applicants and participants of the SNAP program. The county agency shall base SNAP eligibility solely on the criteria contained in the Food and Nutrition Act of 2008 and this certification handbook. The county agency shall not impose additional application or application processing requirements as a condition of eligibility.

(4) County agencies are encouraged to inform applicant and participant assistance groups about the importance of a nutritious diet and the relationship between diet and health. The Ohio department of job and family services (ODJFS) contracts with a vendor to provide nutrition education in several counties throughout the state.

(C) What are the requirements for the use or disclosure of case file information to persons not part of the assistance group?

Persons not part of the assistance group shall be restricted to information based on the following conditions:

(1) The following persons are provided case file information without being required to make a written request:

(a) Persons directly connected with the administration or enforcement of the provisions of the Food and Nutrition Act or regulations, other federal assistance programs, or federally assisted state programs that provide assistance on a means-tested basis to low-income individuals or local or state Ohio works first (OWF) assistance programs. Examples are medicaid and supplemental security income (SSI) program personnel, persons directly connected with nutrition education and program information efforts, state and local personnel connected with the emergency food assistance program (TEFAP), local county prosecutors investigating possible SNAP fraud, officials from the office of inspector general, auditor of state's office, ODJFS bureau of external audits, and management evaluation (ME) and quality assurance (QA) reviewers;

(b) Employees of the comptroller general's office of the United States for audit examination authorized by any other provision of law;

(c) Persons directly connected with the administration or enforcement of the programs that are required to participate in the income and eligibility verification system (IEVS) in accordance with rule 5101:4-7-09 of the Administrative Code, to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs;

(d) Persons directly connected with the administration of the child support program under part D, Title IV (42 USC 651, 8/1996) of the Social Security Act of 1935 in order to assist in the administration of that program, and employees of the secretary of health and human services as necessary to assist in establishing or verifying eligibility or benefits under Titles II (42 USC 401, 3/2004) and XVI (42 USC 1381, 3/1995) of the Social Security Act; and

(e) Persons directly connected with the verification of immigration status of aliens applying for SNAP benefits, through the systematic alien verification for entitlements (SAVE) program, to the extent the information is necessary to identify the individual for verification purposes.

(f) Local educational agencies administering the national school lunch program established under the Richard B. Russell National School Lunch Act (12/2019) or the school breakfast program established under the Child Nutrition Act of 1966 (12/2010), for the purpose of directly certifying the eligibility of school-aged children for receipt of free meals under the school lunch and school breakfast programs based on their receipt of SNAP benefits.

(2) The following persons are provided case file information upon written request:

(a) Persons indirectly connected with the enforcement of the provisions of the Food and Nutrition Act of 2008 or regulations, such as local, state or federal law enforcement officials, upon their written request for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 or regulations. Examples include: officials of the federal bureau of investigation, the United States secret service, department of homeland security (DHS) (unless the county agency initiated contact with DHS in accordance with rule 5101:4-3-07 of the Administrative Code), or other law enforcement agencies, when the investigation concerns an assistance group fraudulently obtaining benefits or otherwise violating the Food and Nutrition Act of 2008 or regulations. The written request shall include the identity of the individual requesting the information and his or her authority to do so, the violation being investigated, and the identity of the person on whom the information is requested. These requests must be made in writing prior to the disclosure.

(b) Local, state, or federal law enforcement officers, may present a request in writing for the address, social security number or photograph of any assistance group member who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the state of New Jersey, a high misdemeanor) in accordance with rule 5101:4-2-03 of the Administrative Code; or is violating a condition of probation or parole imposed under a federal, state, or county law in accordance with rule 5101:4-2-03 of the Administrative Code.

(i) The written request shall include the identity of the individual requesting the information and his or her authority to do so. The written request shall also include the identity of the individual who is suspected of fleeing, including but not limited to, the full name, date of birth, and documentation indicating the person is fleeing to avoid prosecution or custody for a felony (i.e. factual details, copies of the police incident report and a copy of the felony warrant that was issued), or has violated a condition of probation or parole (i.e. a copy of the alleged infraction and arrest warrant issued).

(ii) The county agency shall provide information regarding an assistance group member when a law enforcement officer is acting in his or her official capacity and presents a request in writing that includes the name of the person being sought, if the other assistance group member has information necessary for the apprehension or investigation of the other assistance group member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole imposed under federal or state law. The county agency shall disclose only such information as is necessary to comply with a specific written request of a law enforcement agency.

(iii) The county agency shall accept any document that reasonably establishes the identity of the assistance group member being sought by law enforcement authorities.

(iv) When a law enforcement officer provides written documentation indicating an assistance group member is fleeing to avoid prosecution or custody for a felony or has violated a condition of probation or parole for any of the reasons listed in this rule, the county agency shall determine the individual's eligibility in accordance with rule 5101:4-2-03 of the Administrative Code.

(3) In all other cases (including requests from law enforcement officials conducting non-SNAP related investigations), a waiver signed by the recipient on whom the information is requested must be secured by the county agency and retained in its files. The waiver shall be dated, include to whom the information is to be released, state what information is to be released (either itemizing or stating a general release of any information requested), and the period of time the release is intended to cover. The written request shall include the same information as specified in paragraph (C)(2) of this rule.

(4) When there is a written request by a responsible member of the assistance group, its currently authorized representative, or a person acting on its behalf, to review materials and information contained in its case file, the material and information contained in the case file shall be made available for inspection during normal business hours. However, the county agency may withhold confidential information, such as the names of individuals who have disclosed information about the assistance group without the assistance group's knowledge, or the nature or status of pending criminal prosecutions.

(D) How shall information be protected?

Recipients of information released under paragraph (C) of this rule must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in paragraph (C) of this rule. In addition, information received through IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider. Information released to the county agency pursuant to 26 U.S.C. 6103 (12/2020) shall be subject to the safeguards established by the secretary of the treasury in 26 U.S.C 6103 (12/2020) and implemented by the internal revenue service in its publication, "Tax Information Security Guidelines for Federal, State, and Local Agencies", Publication 1075 (11/2021).

(E) What is IEVS information and how is it used by the county agency?

An IEVS information match is a collection of wage and benefit information that has been requested by the ODJFS or county agencies.

(1) ODJFS has the authority to request benefits and wage information from the social security administration under provisions of 26 U.S.C. 6103 (l)(7)(A) (12/2020), the state wage information collection agency, the IRS pursuant to 26 U.S.C. 6103 (1)(7)(B) (12/2020), and the agency administering unemployment compensation benefits subject to the provision and limitations of 42 U.S.C. 503 (12/2013) and 7 CFR 272.8 (04/2019).

(2) The county agency shall use information obtained through IEVS in verifying eligibility and to determine the amount of SNAP benefits due to eligible assistance groups in accordance with rule 5101:4-7-09 of the Administrative Code.

(3) When not otherwise documented, the county agencies must obtain written agreements from these information provider agencies affirming that they must not record any information about individual SNAP assistance groups and that staff in those agencies are subject to the disclosure restrictions of the information provider agencies and 7 CFR 272.1(c) (12/2018).

Last updated March 1, 2023 at 8:44 AM

History

Effective: March 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-1-15 Food assistance: nondiscrimination and program complaints.

This rule describes the process when an individual alleges discrimination as an applicant or recipient of the supplemental nutrition assistance program (SNAP) and/or has a complaint regarding the SNAP program.

(A) What is the nondiscrimination policy for SNAP?

Discrimination in any aspect of program administration is prohibited by program regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975 (PL 94-135), Title VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 as amended in 2008 by Pub. L. No.110-325 (42 U.S.C. 12101).

Enforcement action may be brought under any applicable federal law. Title VI complaints are to be processed in accord with 7 C.F.R. Part 15 (5/2003), United States department of agriculture's (USDA) regulations on nondiscrimination.

County agencies are not to discriminate against any applicant or participant in any aspect of program administration, including, but not limited to:

(1) The certification of assistance groups;

(2) The issuance of benefits;

(3) The conduct of fair hearings; or

(4) The conduct of any other program service for reasons of race, color, national origin, sex , age, disability, religion, political beliefs, or reprisal or retaliation for prior civil rights activity.

(B) What steps are to be followed when an individual believes they were subjected to discrimination?

An individual who believes they have been subject to discrimination may file a written complaint with the USDA, the Ohio department of job and family services (ODJFS), bureau of civil rights and/or the local county agency.

(1) To file a complaint of discrimination with the USDA, an individual may:

(a) Complete the USDA "Program Discrimination Complaint Form," (AD-3027) (1/19/12) found online https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, at any USDA office, or may be requested from the USDA by calling (866) 632-9992; or

(b) Submit a letter that includes the information described in paragraph (C) of this rule. Written complaints will be accepted by the secretary of agriculture or the administrator of food and nutrition service (FNS) even when the information outlined in this rule is not complete. However, investigations will be conducted only when the information in paragraph (C)(1), (C)(2), (C)(3), or (C)(4) of this rule is provided.

(i) Mail: "Food and Nutrition service, USDA 1320 Braddock Place, Room 334, Alexandria, VA 22314"; or

(ii) Email: FNSCIVILRIGHTSCOMPLAINTS@usda.gov.

(2) To file a written complaint of discrimination with ODJFS, an individual may submit the JFS 02333, "Discrimination complaint" form or a written letter that includes the information described in paragraph (C) of this rule to "The Ohio Department of Job and Family Services, Bureau of Civil Rights, 30 East Broad Street, 30th Floor, Columbus, Ohio 43215- 3414."

(3) To file a complaint of discrimination with the local county agency, an individual may submit a letter that includes information described in paragraph (C) of this rule.

(1) Name, address, telephone number, or other means of contacting the person alleging discrimination.

(2) Location and name of the organization or office that is accused of discriminatory practices.

(3) The nature of the incident or action of program administration that led the person to allege discrimination.

(4) The reason for the alleged discrimination (age, race, color, sex , disability, religion, national origin, political beliefs, or reprisal or retaliation for prior civil rights activity).

(5) The names, titles (when appropriate), and addresses of persons who may have knowledge of the alleged discriminatory acts.

(6) The date or dates on which the alleged discrimination occurred.

(D) What happens when the individual is unable to put the complaint in writing?

When an individual makes allegations verbally and is unable or is reluctant to put the allegations in writing, the person to whom the allegations are made is to document the complaint in writing. Every effort is to be made by the individual accepting the complaint to have the individual filing the complaint provide the information listed in paragraph (C) of this rule.

(E) Is there a deadline for filing a complaint?

A complaint is to be filed no later than one hundred eighty days from the date of the alleged discrimination; however, the time for filing may be extended by the United States secretary of agriculture.

(F) What are the county agencies responsibilities?

County agencies are to:

(1) Adhere to the requirements as defined in rule 5101:9-2-01 of the Administrative Code.

(2) Provide information on the nondiscrimination policy.

(a) Publicize the discrimination complaint procedures described in paragraphs (B) and (C) of this rule, and, if applicable, the county agency's program complaint procedures.

(b) Ensure that all offices involved in administering the program and that also serve the public display the "And Justice For All" nondiscrimination poster form AD-475B (revised March 2025).

(c) Ensure that participants and other low-income assistance groups have access to information regarding nondiscrimination statutes and policies, procedures for filing a program or discrimination complaint, and their rights, within ten days of the date of a request for the information.

(3) Obtain data on the assistance groups by race/ethnicity.

(a) The race categories are: "American Indian" or "Alaska Native", "Asian", "Native Hawaiian" or "Pacific Islander", "Black" or "African American", and "White". The ethnicity categories are "Hispanic or Latino", and "Not Hispanic or Latino."

(b) The SNAP application requests that applicants voluntarily identify their race/ethnicity on the application form. The application clearly indicates that the information is voluntary, that it will not affect eligibility or the level of benefits, and that the reason for the information is to ensure that program benefits are distributed without regard to race, color, or national origin.

(c) In order to comply with required reporting of racial/ethnic data, the county agency is to collect the racial and ethnic data using alternative means when the information is not voluntarily provided by the assistance group on the application form. Alternative means do not include observation (also known as visual observation).

(4) Establish and maintain a system for program complaints.

(a) The county agency is to make information on the program complaint system and how to file a complaint available to participants, potential participants, and other interested persons. The county agency may make the information available through written materials or posters at certification offices or other appropriate means.

(b) Each county agency is to establish and maintain a system for handling program complaints filed by participants, potential participants, or other concerned individual or groups. Program complaints include, but are not limited to:

(i) Processing standards;

(ii) Services to participants and potential participants;

(iii) Long waiting lines;

(iv) Location and hours of service;

(v) Availability of applications; and

(vi) Availability of twenty-four hour service.

(5) After a program complaint is received the county agency is to:

(a) Obtain as much information as possible to get a clear understanding of what the complaint is;

(b) Establish a corrective action plan in an effort to correct the issue. If the investigation reveals that there is no finding of discrimination, then no corrective action is necessary;

(d) Maintain records of complaints received and their disposition, and are to review records at least annually to assess whether patterns of problems may be present. The county agency is to make these records available for review by the state agency and FNS upon request.

Last updated December 1, 2025 at 9:46 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-1-16 Food assistance: project area and approved county collaborations.

This rule describes the statewide project area and the approved county collaborations for the purposes of administering the supplemental nutrition assistance program (SNAP). County collaborations allow multiple county departments of job and family services to come together under a common agreement and operate as a single entity for the purposes of administering SNAP benefits. Agreements between counties may be formalized under section 329.40 of the Revised Code or they may be informal agreements subject to review and approval by the Ohio department of job and family services (ODJFS). Throughout division 5101:4 of the Administrative Code, the term "county agency" should be read to include an approved county collaboration.

(A) What is a project area?

The state of Ohio has been designated as a single project area responsible for program operations. Within the statewide project area, county collaborations have been designated as certification offices responsible for program operations that includes, but is not limited to: application processing; eligibility determinations; and the operation of employment and training programs.

(B) What are the approved county collaborations?

ODJFS issues the names of the approved county collaborations via a food assistance change transmittal letter, that can be found in the food assistance certification handbook at the ODJFS website.

Last updated October 1, 2025 at 8:15 AM

History

Effective: October 1, 2025
Promulgated Under: 111.15

Chapter 5101:4-2 Application Process

Ohio Adm.Code 5101:4-2-01 Food assistance: initial application process.

(A) How does an individual apply for supplemental nutrition assistance program (SNAP) benefits?

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

(a) A JFS 07200, "Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance and/or Child Care Assistance Application"; 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) Assistance groups (AGs) wishing to participate in the program shall file a complete application.

For purposes of division 5101:4 of the Administrative Code:

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

(b) Except as outlined in paragraph (A)(2)(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) A name, and address;

(ii) A completed interview in accordance with rule 5101:4-2-07 of the Administrative Code; and

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

(3) The county agency shall assist an AG in the completion of its application and offer to provide a copy of a completed application to the AG. The county agency shall provide an electronic copy of the completed application when the applicant requests an electronic copy. When the application is signed with a telephonic signature the county agency is to provide the AG a written copy of the JFS 07008 "Benefit Application Summary" or its electronic equivalent of the information attested to during the interview.

(4) The county agency shall provide a means for the applicant to immediately begin the application process whether the process is paper, electronic, or telephonic.

(B) What are the methods for filing an application?

(1) An AG 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.

(2) AGs shall have the right to apply for SNAP in writing. The county agency shall make the JFS 07200 readily accessible and available even if the county agency accepts applications using other means as described in paragraph (B)(1) of this rule.

(3) Pure supplemental security income (SSI) AGs, in which all members are applicants for or recipients of SSI, may apply at either the social security administration (SSA) district office or the county agency.

(4) Individuals scheduled for release from a public institution who are applying for SSI benefits will also be permitted to apply for SNAP in accordance with rule 5101:4-6-19 of the Administrative Code.

(1) The application shall be signed by:

(a) A member of the AG;

(b) An authorized representative when the designation has been made in accordance to rule 5101:4-2-05 of the Administrative Code; or

(2) The types of signatures include:

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

(b) Electronic signatures 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 (C)(2) of this rule.

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

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

(4) When an application is not signed by the necessary individuals then the application for benefits for that AG is considered incomplete. The county agency shall contact the individuals listed and attempt to obtain a valid signature. The county agency shall not certify an AG without a signed application.

(5) The signature on the application certifies, under penalty of perjury, the truth of the information contained on the application, including the information concerning citizenship and alien status of the members applying for benefits.

(D) When can an application be filed?

(1) An AG shall be advised of the right to file an application on the same day it contacts the county agency during office hours. The county agency:

(a) Shall encourage an AG to file an application the same day the AG or its representative contacts the county agency and expresses interest in obtaining SNAP or expresses concerns that indicate food insecurity.

(b) Shall post signs that explain the application processing standards and the right to file an application on the day of initial contact.

(2) Except for application filed telephonically, the AG shall also be advised that it does not have to be interviewed before filing an application and that it may file an application as long as the application contains the applicant's name, address, and the signature of the appropriate individuals as defined in paragraph (C)(1) of this rule.

(E) Where shall an application be filed?

An application shall be filed with the county agency that serves the county in which an applicant resides.

(1) When an application is filed with a county agency that does not serve the county where an applicant resides, the following shall occur:

(a) When the application is filed in person, the county agency shall provide the applicant with the address and telephone number of the county agency that serves the county in which the applicant resides and shall offer to forward the application to the county agency that same day. The county agency shall forward the application on the same day or forward it the next day by any means that ensures the application arrives at the county agency the same day it is forwarded.

(b) When the application is filed by mail or electronically, the county agency shall mail, fax or electronically send the application to the appropriate county agency on the same day or forward it the next day by any means that ensures the application arrives at the county agency the same day it is forwarded.

(2) When an individual declines to file an application the same day and instead prefers to receive an application by mail, the county agency shall mail an application on the same day the request is received. The county agency shall include with the application the name and address of the county agency where the application shall be filed (when known) and remind the applicant eligibility for benefits is based on the date the application is received.

(F) What is the date of application?

(1) The date of application is the date the agency receives the completed application. For telephonic applications, the date of application is the date the telephonic application process is completed. When the completed application is received after business hours, the date of the application shall be the next business day. When an AG is determined eligible, benefits shall be provided from the date of application to the end of the month.

(2) County agencies shall document the date the application was received by recording the date of receipt on the application.

(3) The filing date of the application to be recorded by the county agency is the date of release of the applicant from the institution when a resident of an institution is applying for SNAP benefits prior to leaving the institution. When a resident of an institution is jointly applying for SSI and SNAP benefits prior to leaving the institution, the date of release of the applicant from the institution will be considered the date of application.

(G) How many applications can be filed by a household?

(1) One application can be submitted for all AGs within a household when the individual signing the application has been designated as an authorized representative for all AGs.

(2) When more than one AG resides in a household, each AG is to complete its own separate application with a signature as described in paragraph (C) of this rule. Rule 5101:4-2-03 of the Administrative Code shall be followed to determine the composition of AGs within the residence.

(3) The household shall not be required to complete more than one application when it is indicated that the household is applying for medicaid, cash and/or SNAP simultaneously.

(H) What changes are applicants to report that occur during the application process?

(1) During the application process, the applicant is to report all changes related to SNAP eligibility that occur as follows:

(a) Once the application has been submitted, the applicant is to report changes in information at the certification interview; and

(b) The applicant is to report changes that occur after the certification interview but before receiving the notice of eligibility, within ten days of the date of the notice.

(2) The county agency is not to impose any additional reporting requirements other than those listed in paragraph (H)(1) of this rule and rule 5101:4-7-01 of the Administrative Code. AGs whose applications were taken by the social security administration are to report all changes to the county department of job and family services.

(I) What happens when an AG refuses to cooperate with the application process?

(1) When the AG refuses to cooperate with the county agency in completing any part of the application process, the application shall be denied at the time of refusal. For a determination of refusal to be made, the AG must be able to cooperate, but clearly demonstrate it will not take the actions required to complete the application process. For example, to be denied for refusal to cooperate, an AG must refuse to be interviewed, not merely fail to appear for the interview.

(2) When there is any question as to whether the AG has merely failed to cooperate, as opposed to refused to cooperate, the AG shall not be denied, and the agency shall provide assistance in obtaining required verification.

(3) The AG shall also be determined ineligible when it refuses to cooperate in any subsequent review of eligibility, including reviews generated by reported changes and recertifications.

(4) Once denied or terminated for refusal to cooperate, the AG may reapply but shall not be determined eligible until it cooperates with the county agency.

(5) The county agency shall not determine the AG ineligible when a person outside the AG fails to cooperate with a request for verification. The county agency shall not consider individuals identified as non-AG members under rule 5101:4-2-03 of the Administrative Code as individuals outside the AG.

(J) What is the county agency's responsibility when a national accuracy clearinghouse (NAC) match is received?

When a NAC match is received during the application process, the county agency is to initiate action to resolve the match within ten days from the date of the match by notifying the individual of the match as described in rule 5101:4-7-10 of the Administrative Code.

(K) How are AGs handled when they reapply after refusing to cooperate with a quality control review?

(1) When the AG refused to cooperate with a state quality control reviewer and reapplies within one hundred twenty-five days after the annual review period ended, the AG shall cooperate with the quality control reviewer before being determined eligible.

(2) When the AG refused to cooperate with a state quality control reviewer and reapplies after one hundred twenty-five days of the annual review period, the AG shall provide verification as required in rule 5101:4-2-09 of the Administrative Code prior to being determined eligible to participate.

(3) When the AG refused to cooperate with a federal quality control reviewer and reapplies within nine months after the annual review period, the AG shall cooperate with the quality control reviewer before being determined eligible.

(4) When the AG refused to cooperate with a federal quality control reviewer and reapplies after nine months of the annual review period, the AG shall provide verification as mandated in rule 5101:4-2-09 of the Administrative Code prior to being determined eligible to participate.

(L) What is the time limit for processing an application?

(1) The AG shall be given an opportunity to participate no later than thirty days after the application is filed. Expedited service shall be available to AGs in immediate need in accordance with rule 5101:4-6-09 of the Administrative Code.

(2) The county agency shall determine the eligibility and benefit amount within the first thirty days based on the circumstances for the entire month. Even when the application is filed late in the month, the AG's circumstances for the entire month shall be considered.

(M) How is a voluntary withdrawal of an application processed?

An AG may voluntarily withdraw the application at any time before the county agency determines it to be eligible. "Voluntary withdrawal" means the AG, on its own initiative, has contacted the county agency, either orally or in writing, and requested that the application not be processed any further. The county agency shall document in the case file the reason for withdrawal, if given, and that contact was made with the AG to confirm the withdrawal. The county agency shall advise the AG of its right to reapply at any time and shall notify the AG via the Ohio benefits integrated eligibility system generated notice of the denial of benefits due to voluntary withdrawal.

(N) How is an application for SNAP processed when the AG is applying for other benefits?

(1) All SNAP applications, regardless of whether they are joint applications or separate applications, shall be processed in accordance with SNAP procedural timeliness standards, notice requirements, and fair hearing requirements specified in Chapters 5101:4-2, 5101:4-5, 5101:4-6, and 5101:6-2 of the Administrative Code. No AG shall have SNAP benefits denied solely on the basis that an application to participate in another program has been denied or benefits under another program have been terminated without a separate determination that the AG failed to satisfy a SNAP eligibility requirement.

(2) An AG that simultaneously requests SNAP and another program and is denied benefits for the other program shall not be required to resubmit another application for SNAP but shall have SNAP eligibility determined in accordance with the SNAP processing time frames from the date the joint application was initially accepted by the county agency.

(3) To facilitate participation in the program, the county agency shall notify AGs in which members are applying for other types of assistance that they may file a separate application for SNAP benefits independent of the application for benefits for any other program.

(O) When is an application considered an inquiry?

(1) An application is considered an inquiry when it is signed by one AG containing multiple potential AGs and the individual signing the application is not the authorized representative for all AGs; or

(2) A telephonic application is considered an inquiry when the telephonic process is not complete as outlined in paragraph (A)(2)(c) of this rule.

Last updated April 1, 2026 at 8:38 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-2-02 Food assistance: categorically eligible assistance groups.

There are assistance groups that have eligibility factors waived due to receiving specific public benefits or services. These assistance groups are considered categorically eligible for the supplemental nutrition assistance program (SNAP). When each assistance group member receives or is authorized to receive Ohio works first (OWF), supplemental security income (SSI), or a temporary assistance to needy families (TANF) funded service as defined in this rule, or any combination of these benefits the assistance group is categorically eligible.

(A) Who is considered an OWF or SSI recipient?

An OWF or SSI recipient is any person:

(1) Who receives an OWF or SSI money payment;

(2) Whose entire grant is being recouped;

(3) Whose grant is in suspended status;

(4) Who is eligible for the benefit but is not receiving it because the monthly grant is below a minimum amount for a check to be issued; or

(5) Whose OWF or SSI has been authorized and the individual has been notified of the decision but payment has yet to be received.

(B) Who is considered an assistance group receiving a TANF-funded service or benefit?

(1) Ohio careline:

An assistance group with gross income at or below two hundred per cent of the federal poverty level according to their assistance group size that is provided a notice and a text message with a link that includes information about Ohio careline services and how to access those services. Assistance groups are provided information on approval notices received at application and recertification.

(2) Prevention, retention, and contingency (PRC) benefits:

(a) An assistance group in which any member is authorized to receive or is receiving benefits or services under the PRC program is categorically eligible for SNAP. An assistance group is considered authorized to receive PRC as of the date of approval and/or notification of approval.

(b) An assistance group that is authorized to receive or is receiving PRC benefits or services is to be categorically eligible for SNAP benefits only for the number of months any member of the assistance group is authorized to receive or is receiving PRC benefits or services. Certification periods for SNAP benefits are to continue to be assigned in accordance with rule 5101:4-5-03 of the Administrative Code.

(c) An ineligible member of the assistance group authorized to receive or is receiving PRC benefits or services is not to be included in the assistance group size when determining the benefit amount. The income and resources of the ineligible member is to be determined in accordance with rules 5101:4-6-13 and 5101:4-6-15 of the Administrative Code.

(3) Other TANF-funded services:

(a) TANF funds transferred to Title XX or child care development block grant (CCDBG) for child care services are not considered funded under Title IV-A of the Social Security Act of 1935 as amended (SSA), and are thus not subject to categorical eligibility.

(b) All other TANF funds are considered funded under Title IV-A of the SSA, regardless of which agency administers the funds and may grant categorical eligibility to assistance groups receiving benefits or services from these agencies.

(1) SNAP one hundred thirty per cent gross income limit;

(2) Net income limit; and

(3) Resource limit.

(D) What are the exceptions to categorical eligibility for OWF, SSI, PRC and Ohio careline assistance groups?

(1) No person is to be included as a member in an assistance group that is otherwise categorically eligible when that person is:

(a) An ineligible alien as defined in rule 5101:4-3-07 of the Administrative Code;

(b) An ineligible student as defined in rule 5101:4-6-04 of the Administrative Code;

(d) Ineligible under the able-bodied adults without dependents provisions in rule 5101:4-3-20 of the Administrative Code.

(2) Under no circumstances is an assistance group to be considered categorically eligible when:

(a) Any member of the assistance group is disqualified for an intentional program violation in accordance with division 5101:6 of the Administrative Code;

(b) Any member of the assistance group is ineligible because of a failure to comply with requirement of rules 5101:4-3-11.1, 5101:4-3-19 and 5101:4-3-09 of the Administrative Code;

(c) Any member of the assistance group is ineligible because of violating a condition of probation or parole or fleeing to avoid prosecution, custody or confinement, or for having a conviction of certain crimes and are out of compliance with their sentence as defined in rule 5101:4-2-03 of the Administrative Code; or

(d) The assistance groups defined in paragraphs (D)(2)(a) to (D)(2)(c) of this rule are subject to all SNAP eligibility requirements and cannot be reinstated in the program on the basis of categorical eligibility.

(E) How is the monthly benefit determined?

Categorically eligible assistance groups are to have their level of benefits calculated using the method described in paragraphs (A) and (B) of rule 5101:4-4-39 of the Administrative Code using the assistance group's net monthly income.

(F) How is a potentially categorically eligible assistance group handled?

An assistance group is considered to have potential categorical eligibility when all members of the assistance group have applied for benefits that would make the assistance group categorically eligible.

(1) When all the assistance group members have applied for benefits that will make the assistance group categorically eligible and the county agency determines that the assistance group is ineligible for SNAP benefits because it does not meet the gross or net income tests, or exceeds the resource limits, the county agency is to pend the assistance group until it is established that all assistance group members have gained categorical eligibility. When categorical eligibility has not been established by the thirtieth day from the date of application, the county agency is to deny the assistance group the following day.

(2) When the assistance group establishes categorical eligibility within the thirty days from the date of application, the agency is to determine the level of benefits from the date of application. When the assistance group's net income is high enough to result in ineligibility for a monthly allotment, the denial notice is to indicate that the net income exceeds the level at which benefits are issued.

(G) What happens when a potentially categorically eligible assistance group is denied SNAP benefits?

(1) A potentially categorically eligible assistance group is to be informed on the denial notice that its application can be reopened when it gains categorical eligibility. The assistance group is to be provided a change reporting form in accordance with rule 5101:4-7-01 of the Administrative Code.

(2) When the application of a potentially categorical eligible assistance group was denied because of failure to meet the gross or net income test, or being over resources, and the assistance group later reports that all assistance group members have become recipients of benefits that make the assistance group categorically eligible the county agency is to have the assistance group update their application. The assistance group is to provide any needed verification or information on the change since the previous application was completed and have the application signed again by an assistance group member or authorized representative.

(3) When the application was made via an interactive interview and there are open public assistance benefits with the SNAP benefit being denied, the county agency is to enter the reported changes on the appropriate Ohio benefits integrated eligibility system screens and determine eligibility using the date the assistance group gained categorical eligibility as the signature date. A new interactive interview or JFS 07200 "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance, or Child Care Assistance" is not a requirement.

(4) When an assistance group gains categorical eligibility status, restored benefits are to be paid from the date the assistance group was authorized to receive OWF, SSI, or TANF-funded services or benefits (e.g. Ohio careline or PRC) or the date of the SNAP application whichever is later. See rule 5101:4-4-23 of the Administrative Code regarding SSI recipients who may be eligible for use of excess medical expenses and the uncapped shelter deduction in determining restored benefits. The county agency is to issue restored benefits within ten days, if necessary, and begin regular issuances. A certification period is to be established as described in rule 5101:4-5-03 of the Administrative Code.

(5) When the assistance group has not complied with the requirements listed in paragraphs (G)(1) to (G)(4) of this rule, the county agency is to issue a denial notice on the day after the assistance group was to have complied, and issue a new change report form when necessary.

(6) When an assistance group reports a change which results in the assistance group becoming eligible for SNAP, but the change does not result in categorical eligibility, the assistance group is to be advised to file a new application before benefits can be approved.

(H) What happens when an assistance group is approved for benefits while awaiting a determination of categorical eligibility?

When an assistance group is approved for SNAP benefits within the thirty-day processing time and later gains categorical eligibility, the assistance group may be eligible for restored benefits in a situation where an SSI recipient incurs excess medical expenses and/or shelter expenses. Restored benefits are to be paid from the beginning of the period for which SSI benefits are paid or the original SNAP application date, whichever is later.

Last updated September 23, 2026 at 12:55 PM

History

Effective: October 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-2-03 Food assistance: assistance group definitions.

(A) What is an assistance group?

An assistance group is composed of one of the following individuals or groups of individuals provided they are not residents of an institution, are not residents of a commercial boarding house, or are not boarders, except as otherwise specified in paragraph (E) of this rule.

(1) Individual: An individual living alone or who, while living with others, customarily purchases food and prepares meals for home consumption separate and apart from the others.

(2) Groups: a group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

(3) Spouses: a person living with his or her spouse, as defined in rule 5101:4-1-03 of the Administrative Code, shall be considered as customarily purchasing food and preparing meals together, even when they do not do so.

(4) Children living with their parents: any person under the age of twenty-two who lives with the parent(s) (natural, adopted, or step) must be included in the same assistance group with the parent(s). When a person under the age of twenty-two has a spouse and/or child(ren) of his or her own, the spouse and child(ren) of the person must also be included in the same assistance group.

(5) Person under parental control: persons under eighteen years of age and unmarried living with and are under the parental control of another household member who is not their natural, adoptive, or step parent shall be treated as customarily purchasing and preparing meals together for home consumption even when they do not do so.

(a) These provisions apply to children for whom federal kinship guardianship assistance program payments are received, or state kinship guardianship assistance program payments are received when the child is also in receipt of Ohio works first (OWF). These provisions exclude children for whom foster care, guardianship, kinship support program, or state kinship guardianship assistance program when the child is not also in receipt of OWF.

(b) Note: "parental control" refers to unmarried minors who are dependents-financial or otherwise-of another household member as opposed to independent units. Persons under age eighteen who are married are considered emancipated and are not to be automatically considered as customarily purchasing and preparing meals together unless they state they are actually doing so.

(6) An elderly and disabled individual: an otherwise eligible member of an assistance group and their spousemay be certified as a separate assistance group when the following criteria are met:

(a) The individual is sixty years of age or older;

(b) The individual is unable to purchase and prepare meals because they suffer from a disability considered permanent under the Social Security Act of 1935 or suffers from a non disease-related, severe, permanent disability; and

(c) The income, as described in rule 5101:4-4-19 of the Administrative Code, of the others with whom the individual resides (excluding the income of the spouse of the elderly and disabled individual) does not exceed one hundred sixty-five per cent of the federal poverty level (FSP-14 "Separate Assistance Group Income Standards-Elderly and Disabled Assistance Groups Only").

(7) An unaccompanied minor: a homeless individual who is not living with their parent(s) (natural, adopted, or step) and is not under the parental control of a household member as described in paragraph (A)(5) of this rule. While some homeless minors may fall under parental control of a non-parent household member, other homeless minors are not.

(B) What shall the county agency do when an individual claims to be in a separate assistance group from those with whom they reside?

Individuals who claim to be a separate assistance group from those with whom they reside shall be responsible for providing verification that they are a separate assistance group to the satisfaction of the county agency. Final determinations of living arrangements shall be made on a case-by-case basis, using reasonable judgment based on the circumstances of the particular living arrangement, and need not be reflective of these guidelines should other more conclusive factors be involved. For the purpose of determining whether people are living together, consideration shall be given to, but not limited to the following:

(1) Separate address

The county agency shall consider whether the persons involved have addresses that are commonly recognized as separate in the community.

(2) Separate utilities

The county agency shall consider whether the persons involved have separate utility meters and are, therefore, billed separately by the utility companies.

(3) Separate entrances

The county agency shall consider whether the persons involved have separate entrances to their living quarters, and whether such entrances require passing through one living quarter in order to gain access to another.

(4) Opinion of the landlord

The county agency shall consider whether the owner of the property considers the property to contain separate units.

For the purpose of defining an assistance group under paragraph (A) of this rule, the following individuals shall not be included as a member of the assistance group unless specifically included as an assistance group member under paragraph (A)(3) (spouses), (A)(4) (parents living with their children), or (A)(5) (person under parental control) of this rule, and shall not be included as a member of the assistance group for the purposes of determining assistance group size, eligibility, or benefit level. The income and resources of such individuals shall be handled in accordance with rule 5101:4-6-15 of the Administrative Code. The following individuals (when otherwise eligible) may participate as separate assistance groups:

(1) Roomers

Individuals to whom an assistance group furnishes lodging for compensation, but not meals.

(2) Live-in attendants

Individuals who reside with an assistance group to provide medical, housekeeping, child care, or other similar personal services.

(3) Other

Other individuals who share living quarters with the assistance group but who do not customarily purchase food and prepare meals with the assistance group. For example, when an applicant family shares living quarters with another family to save on rent, but does not purchase and prepare food together with that family, the members of the other family are not members of the applicant assistance group.

(D) Which non-assistance group members are ineligible to participate as separate assistance groups?

The following individuals shall not be included as eligible members of the assistance group when determining the income eligibility standard or assigning a benefit level for the assistance group's size. These individuals are not eligible to participate as separate assistance groups. Ineligible individuals include the following:

(1) Ineligible aliens are those individuals who do not meet the citizenship or eligible alien status. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(2) A person disqualified for intentional program violation is one who has been disqualified in accordance with Chapter 5101:6-20 of the Administrative Code. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(3) Persons who have been disqualified for failure to provide a social security number as provided for in rule 5101:4-3-24 of the Administrative Code are ineligible to participate. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(4) An individual who is disqualified for refusing or failing to comply with a work requirement of rule 5101:4-3-12 of the Administrative Code. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(5) Persons enrolled in an institution of higher education on at least a half-time basis who fail to meet the eligibility criteria in accordance with rule 5101:4-6-04 of the Administrative Code are ineligible to participate. See rule 5101:4-6-15 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(6) No member of an assistance group who is otherwise eligible to participate in the supplemental nutrition assistance program (SNAP) shall be eligible to participate as a member of that or any other assistance group during any period during which the individual is determined to be a fleeing felon or a probation or parole violator, in accordance with this paragraph. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(a) When the county agency has information that an individual may be fleeing to avoid prosecution or arrest for a felony, the county agency shall obtain documentary evidence of the following before imposing ineligibility under this rule:

(i) There is an outstanding felony warrant for the individual issued by a federal, state, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey;

(ii) Considering all the relevant facts and circumstances, a reasonable person would conclude that the individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued;

(iii) Considering all the relevant facts and circumstances, a reasonable person would conclude that the individual has taken some action to avoid being arrested or jailed; and,

(iv) A federal, state, or local law enforcement agency is actively seeking the individual as provided in paragraph (D)(6)(c) of this rule.

(b) When the county agency has information that an individual may have violated a condition of probation or parole imposed under a federal or state law, the county agency shall obtain documentary evidence of the following before imposing ineligibility under this rule:

(i) A court of competent jurisdiction or the adult parole authority has determined that the individual has violated a condition of his or her probation or parole imposed under a federal or state law; and,

(ii) A federal, state, or local law enforcement agency is actively seeking the individual to enforce the conditions of the probation or parole as described in paragraph (D)(6)(c) of this rule.

(c) The county agency shall obtain documentary evidence of whether the law enforcement agency is actively seeking the individual when determining the eligibility of a fleeing felon or an individual who has violated a condition of his or her probation or parole imposed under a federal or state law.

(i) For purposes of this rule, "actively seeking" is defined as follows:

(a) A federal, state, or local law enforcement agency informs the county agency that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within twenty days of submitting a request for information about the individual to the county agency;

(b) A federal, state, or local law enforcement agency presents a felony arrest warrant that conforms to one of the following national crime information center uniform offense classification codes to the county agency to obtain information on the location of and other information about the individual named in the warrant:

(i) Escape (4901);

(ii) Flight to avoid (4902); or

(iii) Flight-escape (4999).

(c) A federal, state, or local law enforcement agency informs the county agency that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within thirty days of the date of a request from a county agency about a specific outstanding felony warrant or probation or parole violation.

(ii) When the law enforcement agency indicates that it does intend to enforce the felony warrant or arrest the individual for the probation or parole violation within thirty days of the date of the county agency's inquiry, the county agency will postpone taking any action on the case until the thirty day period has expired and shall verify with the law enforcement agency after the thirty days whether it has attempted to execute the felony warrant or arrest the probation or parole violator.

(a) When the law enforcement agency has attempted to execute the felony warrant or arrest the probation or parole violator within the thirty days, the county agency shall deny an applicant or terminate a participant who has been determined to be a fleeing felon or a probation or parole violator in accordance with rule 5101:4-7-01 of the Administrative Code. When law enforcement subsequently indicates that it no longer intends to enforce the felony warrant or arrest the individual for the probation or parole violation, the county agency shall not consider the individual a fleeing felon or probation or parole violator as of the date law enforcement made its decision and shall document the case file accordingly.

(b) When the law enforcement agency has not taken any action within the thirty days, the county agency shall not consider the individual a fleeing felon or probation or parole violator and shall document the case file accordingly.

(iii) When the law enforcement agency indicates that it does not intend to enforce the felony warrant or arrest the individual for the probation or parole violation within thirty days of the date of the county agency's inquiry about the warrant, the county agency shall determine that the individual is not a fleeing felon or a probation or parole violator and document the case file accordingly.

(d) When awaiting verification and/or determining if an individual is a fleeing felon or probation or parole violator in accordance with paragraph (D)(6)(a) to (D)(6)(b) of this rule, the county agency shall:

(i) Continue to process the application in accordance with rule 5101:4-2-11 of the Administrative Code; and

(ii) Impose ineligibility for the individual and redetermine the assistance group's eligibility when it is determined that an individual is a fleeing felon or parole violator.

For purposes of processing a change in benefits in accordance with rule 5101:4-7-01 of the Administrative Code or calculating claims, an individual is not considered to be a fleeing felon or probation or parole violator until the date the county agency has made a determination in accordance with paragraph (D)(6) of this rule.

(7) No member of an assistance group who is otherwise eligible to participate in SNAP is to be eligible to participate as a member of an assistance group during any period which the individual is determined to be convicted of and out of compliance with their sentence for certain crimes committed on or after February 7, 2014. See rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(a) Individuals who self attest to a conviction as an adult and who are out of compliance with their sentence for the following crimes:

(i) Aggravated sexual abuse 18 U.S.C. 2241 (12/2024);

(ii) Murder 18 U.S.C. 1111 (4/2003);

(iii) An offense under 18 U.S.C. Chapter 110 (5/2024);

(iv) A federal or state offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or

(v) An offense under state law determined by the attorney general of the United States, to be substantially similar to an offense described in paragraphs (D)(7)(a)(i) to (D)(7)(a)(iii) of this rule.

(b) The county agency is to verify attestations, when questionable, as described in rule 5101:4-2-09 of the Administrative Code. When awaiting verification and/or determining if an individual is convicted of and is out of compliance with their sentence for a crime described in paragraph (D)(7) of this rule, the county agency is to continue to process the application in accordance with the timeframes described in rule 5101:4-2-11 of the Administrative Code.

(8) For individual(s) who have failed to perform an action required under rule 5101:4-3-09 of the Administrative Code, see rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(9) For persons ineligible under rule 5101:4-3-13 of the Administrative Code, the time limit for able-bodied adults without dependents, see rule 5101:4-6-13 of the Administrative Code for how to treat the income, resources, and expenses of these individuals.

(E) Which individuals or groups are ineligible for SNAP?

(1) Boarders, individuals in foster care, children for whom guardianship payments are received in accordance with rule 5101:4-1-03 of the Administrative Code, children for whom kinship support payments are received as described in rule 5180:3-13-18.2 of the Administrative Code, and children for whom state kinship guardianship assistance program payments are received as described in rule 5180:2-56-01 of the Administrative Code when the child is not in receipt of OWF.

Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals (excluding residents of a commercial boarding house). Boarders are also defined as adults or children who have been placed in foster care by a government agency, children receiving guardianship payments as defined in rule 5101:4-1-03 of the Administrative Code, and children for whom kinship support payments are received as described in rule 5180:3-13-18.2 of the Administrative Code. Boarders are ineligible to participate in the program as independent assistance groups. They may, however, participate as members of the assistance group providing the boarder services to them, at such assistance group's request pursuant to rule 5101:4-6-03 of the Administrative Code. In no event shall boarder status be granted to those individuals or groups of individuals described in paragraphs (A)(2) to (A)(5) of this rule.

(2) Residents of institutions

Residents of public institutions who apply for SSI prior to their release from an institution under the social security administration's prerelease program for the institutionalized shall be permitted to apply for SNAP at the same time they apply for SSI. Individuals shall be considered residents of an institution when the institution provides them with the majority of their meals (over fifty per cent of three meals daily) as part of the institution's normal services. Residents of institutions are not eligible for participation in the program, with the following exceptions:

(a) Residents of federally subsidized housing for the elderly built under either section 202 of the Housing Act of 1959 (12 U.S.C. 1701) (2022) or section 236 of the National Housing Act (12 U.S.C 1701).

(b) Narcotic addicts or alcoholics together with their children who, for the purposes of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center.

(c) Disabled or blind individuals who are residents of group homes, as described in rule 5101:4-6-26 of the Administrative Code.

(d) Persons or persons with their children temporarily residing in a shelter for battered persons and their children. Such persons and their children shall be certified as individual assistance group units for the purpose of applying for and participating in SNAP.

(e) Residents of public or private shelters for homeless persons.

(3) Strikers

Assistance groups with striking members shall be ineligible to participate unless the assistance group was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. Assistance groups where the member on strike is exempt from work registration requirements the day prior to the strike (other than those exempt solely on the grounds that they are employed) would not be affected by the striker provisions and could be eligible for program benefits.

Last updated April 1, 2026 at 8:20 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-2-05 Food assistance: authorized representatives.

(A) What is an authorized representative?

An authorized representative is a person/entity whom the assistance group chooses to act on its behalf. A non-household member may be designated as an authorized representative provided that the person is an adult who is sufficiently aware of relevant household circumstances. An adult member of the assistance group or an unaccompanied homeless minor as defined in rule 5101:4-2-03 of the Administrative Code may designate and use an authorized representative at any time. The assistance group may have more than one authorized representative selected to do one or more of the following:

(1) Act on the assistance group's behalf, including but not limited to:

(a) Completing the application process;

(b) Carrying out responsibilities during the certification period, such as reporting changes in the assistance group's circumstances;

(d) Receiving all notices and correspondence issued by the county agency on behalf of the assistance group. The county agency is to issue notices and correspondence to both the authorized representative and the assistance group.

(2) Obtain supplemental nutrition assistance program (SNAP) benefits on behalf of the assistance group, i.e. receive the electronic benefit transfer (EBT) card. Even when the assistance group is able to obtain its own SNAP benefits, it should be encouraged to name an authorized representative to obtain benefits in case of illness or other circumstances that might result in the inability to obtain benefits.

(3) Use SNAP benefits on behalf of the assistance group.

(B) How is an authorized representative designated?

When an assistance group member designates an authorized representative, the following actions are to be taken:

(1) An assistance group is to designate in writing an authorized representative who is authorized to act on their behalf as described in paragraph (A) of this rule.

(2) An assistance group may identify and use an authorized representative for a one time emergency situation. A separate written designation is needed each time an emergency authorized representative is used.

(C) What are the restrictions on designations of authorized representatives described in paragraphs (A)(1) and (A)(2) of this rule?

In order to prevent abuse of the program, the county agency may set a limit on the number of households an authorized representative can represent. The county agency is to impose the following restrictions for authorized representatives described in paragraphs (A)(1) and (A)(2) of this rule:

(1) County agency employees who are involved in the certification or issuance processes and retailers who are authorized to accept SNAP benefits are not to act as authorized representatives. When the county agency determines that no one else is available to serve as an authorized representative they may with written approval.

(2) An individual who is disqualified for an intentional program violation cannot act as an authorized representative during the disqualification period unless the county agency has determined that no one else is available to serve as an authorized representative. The county agency is to separately determine whether the individual is needed to apply on behalf of the assistance group or to obtain benefits on behalf of the assistance group.

(3) When the county agency has confirmed that an authorized representative has knowingly provided false information or improperly used SNAP benefits, the representative may be disqualified to serve as an authorized representative for up to one year. The assistance group and authorized representative are to be notified in writing thirty days prior to the date of disqualification. The notification is to include the reason for the proposed action and include the assistance group's right to a state hearing. This provision is not applicable in the case of drug and alcoholic treatment centers and those group homes that act as authorized representatives for their residents.

(4) Homeless meal providers cannot act as authorized representatives for homeless SNAP recipients.

(5) In the event an employer such as those that employ migrant or seasonal farm workers are designated as authorized representatives or a single authorized representative has access to a large number of EBT accounts, the county agency should exercise caution to ensure that each assistance group has freely requested the assistance of the authorized representative, the assistance group's circumstances are correctly represented, and that the authorized representative is properly using the benefits.

(D) How are authorized representatives utilized in drug and alcohol treatment centers and group living arrangements?

(1) Residents of drug or alcohol treatment centers are to apply and be certified through the use of an authorized representative. Residents are responsible for complying with requirements described in rule 5101:4-6-01 of the Administrative Code.

(2) Residents of group living arrangements have the option to apply and be certified through the use of an authorized representative as described in rule 5101:4-6-26 of the Administrative Code.

(3) Drug or alcohol treatment centers and group living arrangements that act as authorized representatives for residents of the facilities are to use SNAP benefits for food prepared and served to those residents participating in the SNAP program except when a resident leaves the facility as specified in rules 5101:4-6-01 and 5101:4-6-26 of the Administrative Code.

(4) The representatives of the drug and alcohol treatment centers or group living arrangements that act as authorized representatives for their residents, and intentionally misrepresent an assistance group's circumstances, may be prosecuted under applicable federal and state statutes for their acts.

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

(1) When an applicant or recipient indicates that he or she may have difficulty completing the application process, the county agency is to explain that a non-assistance group member may be designated as the authorized representative for the application process.

(2) When an applicant or recipient designates an authorized representative as described in paragraph (B) of this rule, the county agency is to record the name of the authorized representative in the case file.

(3) The county agency is to develop a system that allows an assistance group to select an emergency authorized representative in writing for a particular month's benefits.

(4) Except for those situations in which a drug and alcohol treatment center or other group living arrangement acts as the authorized representative, the county agency is to inform the household that they will be held liable for any overissuance that results from erroneous information given by the authorized representative.

Last updated October 1, 2025 at 8:16 AM

History

Effective: October 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-2-07 Food assistance: initial interview process.

(A) What is the process for an initial interview?

(1) Upon receipt of an application, as defined in rule 5101:4-2-01 of the Administrative Code, the county agency is to conduct an interactive interview with a member of the assistance group (AG) or an authorized representative for the AG making application.

(2) The county agency is to schedule an interview for all applicant AGs who are not interviewed on the day they submit an application. The interview notice is to contain the date and time of the interview. The notice is to also list the phone number the county agency will call when completing a phone interview, or the phone number the applicant will call to complete the interview with the county agency.

(3) When separate applications are filed for AGs residing in the same household, each AG that has applied on a separate application is to be interviewed or scheduled for an interview.

(4) When scheduling an interview, the county agency is to consider and attempt to accommodate any special circumstances or requests from an AG, including the AG's work schedule.

(5) The county agency is to schedule all interviews as promptly as possible to ensure eligible AGs receive an opportunity to participate within thirty days after the application is filed.

(B) What are the options for conducting an initial interview?

(1) The county agency may conduct an:

(a) Office interview;

(b) Telephone interview; or

(2) The type of interview conducted is left to the county agency's discretion unless the applicant requests a face-to-face interview. The county agency is to grant a face-to-face interview to any AG that requests one.

(1) The interview may be conducted with the head of the AG, spouse, any other responsible member of the AG or an authorized representative.

(2) When it is obvious the applicant is not mentally competent and is not able to understand the hearing rights, the applicant is to name an authorized representative to receive notices.

(3) An applying AG is to report all changes related to its supplemental nutrition assistance program (SNAP) eligibility and benefits at the certification interview.

(4) The JFS 01846, "Case Worksheet- Cash, Food Stamps, and Medical Assistance Interview," is to be completed by the county agency when the Ohio benefits integrated eligibility system is down for an extended period of time or a home visit is necessary.

(D) What are the county agency's responsibilities during an interview?

(1) Review the information appearing on the application, and explore and resolve questionable and incomplete information.

(2) Perform necessary collateral contacts and collect necessary verifications.

(3) Conduct the interview as an official and confidential discussion of AG circumstances.

(4) Protect the applicant's right to privacy during the interview. County agencies are to ensure that the facilities used to conduct the interview preserve the privacy and confidentiality of the interview.

(5) Advise AGs that are also applying for or receiving Ohio works first (OWF) cash assistance benefits that time limits and other duties that apply to the receipt of OWF benefits do not apply to the receipt of SNAP, and that AGs that stop receiving OWF benefits because they have reached a time limit, have begun working, or for other reasons, may still qualify for SNAP benefits.

(6) Confirm the AG is not subject to an intentional program violation.

(7) In accordance with rule 5101:9-3-02 of the Administrative Code, the county agency is to comply with the Americans with Disabilities Act of 1990 (ADA) plan adopted by the county agency. This includes, but is not limited to, providing the AG with an explanation of their rights under the amendments to Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 2008 and offering additional screening to any individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(8) Notify the AG of their right to request a copy of their completed application.

(9) Confirm that a member of the AG has not been convicted of and is not out of compliance with the terms of the sentence for crimes described in rule 5101:4-2-03 of the Administrative Code. The county agency is to document the individual's attestation in the case record.

(10) In accordance with rule 5101:4-3-11 of the Administrative Code, determine if each AG member is subject to one or more work requirements by screening for exemptions from the work requirements.

(11) Advise AGs of their rights and responsibilities during the interview, including the appropriate application processing standard and the AG's responsibility to report changes. This includes:

(a) For each individual determined to be subject to a work requirement, a comprehensive oral explanation of each applicable work requirement that includes:

(i) The general work requirements;

(ii) The able-bodied adults (ABA) work requirement, time-limit and process for regaining eligibility after reaching the ABA time-limit;

(b) The AG's responsibility to report changes in accordance with rule 5101:4-7-01 of the Administrative Code; and

(c) The availability of SNAP employment and training (E&T) services for individuals who would be appropriate for referral to SNAP E&T in accordance with rule 5101:4-9-01 of the Administrative Code and asking if they wish to be referred to SNAP E&T.

(12) Ensure each member of the AG subject to a work requirement receives a written notice during the certification process that includes the following information:

(a) The applicable work requirement including:

(i) The general work requirements described in rule 5101:4-3-12 of the Administrative Code; and

(ii) The ABA work requirement described in rule 5101:4-3-13 of the Administrative Code.

(b) Exemptions from each applicable work requirement;

(d) Rights and responsibilities of each applicable work requirement;

(e) What is necessary to maintain eligibility under each applicable work requirement;

(f) Pertinent dates by which an individual is to take any actions to remain in compliance with each applicable work requirement;

(g) Consequences for failure to comply with each applicable work requirement;

(h) The process for requesting good cause, including examples of good cause circumstances and contact information to initiate a good cause request; and

(i) Any other information the county agency believes would assist the AG members with compliance.

(E) What happens when an AG misses its interview?

(1) The county agency is to notify an AG of its missed interview appointment by using the JFS 04218 "Notice of Missed Interview" or the Ohio benefits integrated eligibility system equivalent, in accordance with rule 5101:4-5-07 of the Administrative Code and inform the AG they are responsible for rescheduling a missed interview.

(2) When the AG contacts the county agency within the thirty-day application processing period, the county agency is to schedule a second interview.

(3) The county agency is not to deny an AG's application prior to the thirtieth day when the AG fails to appear for the first scheduled interview.

(4) When the AG requests a second interview during the thirty-day application processing period and is determined eligible, the county agency is to issue prorated benefits from the date of application.

Last updated April 1, 2026 at 8:38 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-2-09 Food assistance: verification procedure.

(A) What is verification?

Verification is used to support and document what was reported on the JFS 07200, "Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance and/or Child Care Assistance Application" during the application process and to provide clarification on any questionable information. The county agency is to allow AGs at least ten days to provide needed verification.

(B) Whose responsibility is it to provide verification?

(1) The assistance group (AG) has primary responsibility for providing verification to support its statements on the application and resolve any questionable information. An AG may supply verification in person, through the mail, by fax, electronically, or through an authorized representative. The county agency is not to require the AG to present verification in person.

(2) The county agency is to assist the AG in obtaining verification provided the AG has not refused to cooperate as specified in rule 5101:4-2-01 of the Administrative Code. If it would be difficult or impossible for the AG to obtain verification in a timely manner, or the county agency can obtain the verification faster, the county agency is to offer assistance in obtaining the verification.

(3) The county agency is not required to assist an AG in obtaining verification of alien status except when the documentation is questionable and the county agency receives the applicant's permission to contact the U.S. citizenship and immigration service (USCIS). The county agency is also not required to assist the AG in obtaining verification of shelter costs for an unoccupied home when verification would have to be obtained from sources outside of the county.

(1) Identity is the only verification required prior to the authorization of expedited benefits. All other verifications can be postponed when they cannot be submitted within the expedited timeframe. When an authorized representative applies on behalf of the AG, the identity of both the authorized representative and the AG name is to be verified.

(2) The county agency is to require the applicant to register for work when an exemption is not met. The agency may attempt to register other AG members, but it is not to prevent the authorization of an eligible expedited AG.

(D) What verification is necessary for normal application processing?

AGs certified under normal processing standards (as opposed to expedited processing standards) are to provide verification of all the following items:

(1) Gross income. The county agency is not to act on an application that would result in a denial of benefits due to being over income unless the income for all AG members has been verified in accordance with paragraph (I) of this rule.

(2) Rent or mortgage payment. Homeless AGs claiming shelter expenses are to provide verification of their shelter expense to qualify for the homeless shelter deduction. When a homeless AG has difficulty in obtaining traditional types of verification of shelter costs, the county agency is to obtain alternate types of verification that accurately verify the expense.

(3) Utility and shelter expenses.

(4) Non-reimbursable medical expenses. Non-reimbursable medical expenses only apply to AG members who are age sixty or over, or who meet the definition of disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(5) Dependent care expenses.

(6) Eligible alien status as defined in rule 5101:4-3-07 of the Administrative Code.

(7) Social security numbers (SSN). Providing a SSN for each AG member is voluntary. However, failure to provide a SSN will result in the denial of SNAP benefits for that individual. SSNs provided will be used in accordance with rule 5101:4-3-22 of the Administrative Code. When a SSN has been verified, the county agency is to document the information in the AG's file to prevent the unnecessary re-verification of the SSN in the future. The county agency is to accept that a SSN is verified when it was already verified through the OWF or medicaid programs. A verified SSN is to be re-verified only when the identity of the individual or the SSN becomes questionable.

(8) Residency. Residency is to be verified except in unusual cases such as homeless AGs, some migrant farm worker AGs, or an AG just moving into the county where verification of residency cannot reasonably be provided.

(9) Identity. Identity applies to the person making the application. Where an authorized representative applies on behalf of an AG, the identity of both the authorized representative and the AG name is to be verified. Identity may be verified through readily available documentary evidence or, when unavailable, through a collateral contact. Any document reasonably establishing the applicant's identity is to be accepted, and no requirement for a specific type of document may be imposed.

(10) Disability. The county agency is to verify an AG member is disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(11) Student income. Student income is to be verified in accordance with rule 5101:4-4-13 of the Administrative Code.

(12) Physical or mental disability: student exemption. When a person claims to be physically or mentally unfit for purposes of the student exemption described in rule 5101:4-6-04 of the Administrative Code, verification may be needed. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist medical personnel. If the individual's physical or mental unfitness, as determined by the county agency, is directly or indirectly observed or perceived, verification is not needed. However, the county agency is to maintain documentation within the Ohio benefits integrated eligibility system capable of withstanding a third-party review of what was observed or perceived to support the granting of the exemption.

(13) Child support payments. The county agency is to obtain verification of the AG's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the AG actually pays. Documents accepted as verification of the AG's legal obligation to pay child support are not to be accepted as verification of the AG's actual monthly child support payments. The county agency is strongly encouraged to obtain information regarding an AG member's child support obligation and payments from child support enforcement agency files. The county agency is to give the AG an opportunity to resolve any discrepancy between AG verification and child support enforcement agency records.

(14) Able-bodied adults (ABAs): hours worked. For individuals subject to the SNAP time limit in rule 5101:4-3-13 of the Administrative Code who are satisfying the work requirement by working, by combining work and participation in a work program, or by participating in a work program that is not operated or supervised by the state or county agency, the individual's work hours are to be verified. Unpaid work hours are to be verified by using the JFS 07410, "ABAWD Verification of Unpaid Hours."

(15) ABAs: countable months in another state. For individuals subject to the SNAP time limit of rule 5101:4-3-13 of the Administrative Code, the county agency is to verify the number of countable months an individual has used in another state when there is an indication the individual participated in that state as defined in rule 5101:4-3-13 of the Administrative Code. The normal processing standards of rule 5101:4-2-11 of the Administrative Code apply. The county agency may accept another state agency's assertion as to the number of countable months an individual has used in another state.

(16) AG composition: the county agency is to verify factors affecting the composition of an AG only when questionable.

(E) What is the standard verification for categorically eligible AGs?

(1) AGs determined categorically eligible because of receipt of Ohio works first (OWF), supplemental security income (SSI) or prevention retention contingency (PRC), the following factors are waived and do not require verification as described in paragraph (D) of this rule:

(a) Social security number;

(b) Sponsored alien information; and

(2) AGs determined categorically eligible because of the notification of the Ohio careline services are to verify the factors as described in paragraph (D) of this rule.

(F) When may an application be approved without verification?

The county agency is not to delay the certification for benefit issuance beyond thirty days:

(1) To an otherwise eligible AG in which an AG member has satisfied the good cause requirements for SSNs.

(2) To verify a claimed but unverified expense as described in rule 5101:4-4-23 of the Administrative Code. As soon as all other steps necessary to certify an AG are completed, the county agency is to certify the benefits. When the AG subsequently provides the unverified expense, the county agency is to process the change in accordance with rule 5101:4-7-01 of the Administrative Code.

(G) What should be done when questionable information is received during the application process?

Information may be determined to be questionable when what is reported on the JFS 07200 is different from what the applicant reported during the interview, different from the information the agency has already obtained, or different from what may have been reported previously.

(1) When the applicant provides information that is questionable and may affect SNAP eligibility or allotment, including a general work requirement exemption or an ABA exemption as defined in rule 5101:4-3-11 of the Administrative Code, the county agency is to attempt to verify the information using information available to the county agency before requesting verification.

(2) An example of something that may be determined questionable is when the applicant's expenses exceed the AG's income. The county agency is to request additional verification to determine how the expenses are being met. When the applicant does not submit supporting documentation on how the expenses are being met, that alone is not grounds to deny the application. The county agency is to then explore if the applicant receives any additional income or if there are resources from which they may be paying the expense. The agency is to verify how long the applicant has been managing their finances in this manner and then document the verification in the case file.

(3) When the county agency receives questionable information from a source other than the AG, the county agency may attempt to verify the information with a third party and contact the AG only when the county agency cannot obtain verification. The county agency is to issue a JFS 07105, "Verification Request Checklist" and allow the AG to verify the information prior to taking any action on the case.

(4) When the county agency receives information from the income eligibility verification system (IEVS), the county agency may obtain verification from a third party as specified in rule 5101:4-7-09 of the Administrative Code.

(H) What type of verification is to be documented in the case file?

The county agency is to include all information in the case file documenting and supporting the actions taken in determining eligibility, including all requests for additional verification and the actions taken because of the additional verification.

(I) What are acceptable forms of verification?

There are four types of verification: documentary evidence, collateral contacts, client statements and home visits. When documentary evidence is not able to be obtained a collateral contact should be acceptable when available. In the event a collateral contact is not available, a client statement or home visit may be used. A client statement or home visit should be a county agency's last option; however, when determining benefits, the best available information should be used. Further information explaining each verification is below:

(1) Documentary evidence

(a) Documentary evidence can be used as a primary source of verification. Documentary evidence consists of a written confirmation of the applicant's circumstances. Examples of documentary evidence include but are not limited to: pay stubs, rent receipts, utility bills, etc. When the agency uses pay stubs and they are not included in the case file, the agency is to include the name, address, dates, and gross amounts listed on the pay stubs in the case file.

(b) Although documentary evidence is to be a primary source of verification, acceptable verification is not to be limited to any single type of document. The verification may be obtained through the applicant or another source. When documentary evidence cannot be obtained or when what was obtained is insufficient to be able to make a determination, the county agency is to pursue a collateral contact.

(2) Collateral contact

(a) A collateral contact is an oral confirmation of the AG's circumstance by a person not included in the AG. The confirmation could be made in person or over the phone. The contact cannot be limited to any one particular person but may be anyone who can provide an accurate third-party verification.

Examples of acceptable collateral contacts include but are not limited to: employers, community action groups, migrant service agencies, landlords, social services agencies, neighbors of the applicant, or other persons not included in the AG.

(b) When the county agency is attempting to obtain information from a collateral contact, they are to only disclose the necessary information in order to obtain the verification without disclosing the applicant has applied for SNAP. The agency cannot disclose any information the applicant provided nor can there be any information provided to the collateral contact suggesting that the applicant provided any incorrect information.

(c) The county agency is to rely on the applicant to provide the name for a collateral contact. The county agency may select a collateral contact when the applicant fails to select one. A signed release is not needed. The applicant may request assistance in selecting a collateral contact. The county agency does not have to use the collateral contact provided by the applicant if there is reason to believe they will be unable to provide accurate third-party verification. The county agency may request an alternate collateral contact from the applicant, select an alternate collateral contact themselves, use another method in obtaining the necessary verification, or conduct a home visit.

(3) Client statement

(a) On a case-by-case basis, client statement may be acceptable verification when no other verification is available.

(b) When client statement is used as verification, it is to be documented in the case record.

(4) Home visits

(a) Home visits may be used on a case-by-case basis as verification only when documentary evidence is insufficient, a collateral contact is unavailable and the client statement is insufficient or questionable.

(b) The home visit is to be scheduled in advance with the applicant.

(c) When the AG's circumstances appear to be error prone, that alone does not mean a home visit is the most appropriate method of verification.

(J) What verification is needed at recertification?

At recertification the county agency does not have to verify unchanged information unless the information is questionable or is more than sixty days old. The county agency is to:

(1) Verify information provided by the AG. Changes reported during recertification are subject to the same verification procedures that apply during normal application processing as described in paragraph (D) of this rule.

(2) As part of the recertification process, the county agency is to resolve any information that was held in accordance with rule 5101:4-7-01 of the Administrative Code.

(K) What verification is needed for reported changes?

Changes reported during the certification period are subject to the procedures described in rule 5101:4-7-01 of the Administrative Code.

Last updated April 1, 2026 at 8:38 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-2-11 Food assistance: timeliness standard and benefit issuance.

(A) What are the general standards for application processing?

(1) An assistance group's eligibility shall be determined and benefits shall be authorized for an eligible assistance group as soon as possible but no later than thirty calendar days after the assistance group or its representative files the application. Applications for residents of public institutions shall follow the standards described in rule 5101:4-2-01 of the Administrative Code.

(2) Assistance groups who apply for benefits after the fifteenth day of the month shall receive their prorated allotment for the initial month of application and their first full month allotment at the same time. Assistance groups not entitled to a combined allotment are as follows:

(a) An assistance group whose initial month prorated benefits are less than ten dollars.

(b) An assistance group determined ineligible to receive benefits for the initial month of application.

(c) An assistance group determined ineligible to receive benefits the month following the initial month's prorated benefits.

(d) An assistance group that has not provided necessary verification to determine eligibility.

(B) When should a case be denied?

The county agency is to offer assistance in obtaining verifications, including when assistance is requested by the assistance group.

(1) An assistance group found to be ineligible shall be sent a notice of denial as soon as possible, but no later than thirty days following the date the application was filed.

(2) When the county agency conducted an interview with an assistance group and verifications requested in accordance with rule 5101:4-2-09 of the Administrative Code were not received within ten calendar days of the request and the assistance group did not ask for assistance in obtaining the verifications, the county agency may deny the application on the first business day immediately following the tenth day, but no later than the thirtieth day following the date of application.

When all the requested verifications are received after the date of the denial but before the thirtieth day following the date of application, the county agency is to rescind the denial and determine eligibility from the date of application.

(3) When an assistance group failed to appear for a scheduled interview and has made no contact with the county agency to express interest in pursuing the application after being issued a JFS 04218 "Notice of Missed Interview" in accordance with rule 5101:4-2-07 of the Administrative Code, the county agency is to send the assistance group a notice of denial on the thirtieth day following the date of application.

Supplemental nutrition assistance program (SNAP) benefits will be issued to assistance groups into an account and drawn down electronically by means of an electronic benefit transfer (EBT) card that recipients use to make purchases. The county agency shall inform an assistance group of the date the benefits will be available.

(D) How are assistance group-initiated adjustments made when an error has occurred in a benefit transaction?

(1) The assistance group shall request an adjustment through the EBT vendor within ninety calendar days of the error transaction. A recipient requests an adjustment by contacting the vendor through the customer service department that is listed on the back of the EBT card.

(2) Adjustments requested within ninety calendar days shall be investigated, have a decision made and funds moved within ten business days of the error being reported.

(E) How does the assistance group dispute a decision from a retailer-initiated adjustment request?

(1) The assistance group has ninety days from the date of the notice to request a fair hearing.

(2) When the assistance group disputes an adjustment and requests a hearing within ten days of the notice, a provisional credit shall be made to the assistance group's account.

(F) What happens when the assistance group's EBT card is lost, stolen or not received?

The assistance group shall contact the EBT card vendor's customer service center to request a replacement card. The vendor mails the replacement EBT card within two business days of receiving the replacement request from the assistance group.

(G) When are benefits expunged from an EBT account?

SNAP benefits are expunged from an EBT account when:

(1) An EBT account is inactive. An EBT account is considered inactive when the assistance group has not made a purchase or return for nine months (two hundred seventy-four days).

(a) SNAP benefits are expunged from the EBT account as each benefit allotment ages to nine months (two hundred seventy-four days) since the date of issuance or since the date of last account activity, whichever date is later.

(b) If at any time after the expungement process begins, the assistance group initiates activity affecting the balance of the account, SNAP benefits will stop expunging from the EBT account and the aging process will start over for the remaining benefits.

(2) When it is verified that all members of the assistance group are deceased, the entire remaining SNAP balance in the assistance group's EBT account is expunged at that time.

(H) What are the expungement noticing requirements?

(1) Not later than thirty days before benefit expungement is scheduled to begin, the assistance group is provided written notice that benefits in their EBT account are approaching expungement due to inactivity. The notice includes:

(a) The date upon which benefits are scheduled to be expunged,

(b) The steps necessary to prevent the expungement and

(2) A notice is not required when benefits are expunged in accordance with paragraph (G)(2) of this rule.

Last updated December 1, 2025 at 9:44 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Chapter 5101:4-3 Nonfinancial Eligibility Standards

Ohio Adm.Code 5101:4-3-03 Food assistance: nonfinancial eligibility standard-residency.

(A) What is the residency requirement?

An assistance group must file an application for participation with the county agency that serves the county in which the assistance group resides. The county agency shall not impose any durational residency requirements. Residency shall not mean an intent to permanently reside in the state or county; however, individuals in a county solely for vacation shall not be considered residents. A fixed residence is not required; for example, migrant campsites satisfy the residency requirement. The county agency shall not require an otherwise eligible assistance group to have a permanent dwelling or have a fixed mailing address as a condition of eligibility.

(B) May an individual participate in more than one assistance group in a month?

An individual may not participate as a member of more than one assistance group in any month. The only exception is when the individual is a resident of a shelter for battered persons and their children as defined in rule 5101:4-6-27 of the Administrative Code and was a member of an assistance group containing the individual who had abused him or her. Residents of shelters for battered persons and their children shall be handled in accordance with rule 5101:4-6-27 of the Administrative Code.

The application asks for both a physical address and a mailing address. When the two are different, the county agency shall request that both addresses be given. When the address is a rural route, information shall be given that will provide directions to the home. Addresses on an application shall be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

Last updated June 1, 2022 at 8:22 AM

History

Effective: June 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-3-07 Food assistance: citizenship, alien status, and reporting illegal aliens.

This rule describes the nonfinancial eligibility standards used to determine citizenship and alien status of individuals applying for or receiving supplemental nutrition assistance program (SNAP) benefits.

(A) Who is eligible for SNAP?

(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 Virgin islands. In addition, non-citizen nationals from American Samoa or Swain's island are considered U.S. citizens for the purposes of the SNAP program.

(2) An alien determined to be a qualified alien as described in paragraph (B) of this rule. A qualified alien is a federal term referring to a pool of non-U.S. citizens eligible to receive SNAP, provided all other eligibility requirements are met.

(B) Who is considered a qualified alien?

An alien that meets the criteria described in paragraph (B)(1) of this rule is considered to be a qualified alien for the SNAP program. An alien that meets the criteria described in paragraph (B)(1)(c) of this rule must also meet at least one of the additional criteria listed in paragraph (B)(2) of this rule to be considered a qualified alien for the SNAP program.

(1) An alien with a status listed below is a qualified alien for the purposes of the SNAP program:

(a) An alien who is a Cuban-Haitian Entrant (CHE) as defined in section 501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. 1522 note (9/1996);

(b) An alien who is lawfully residing in the United States in accordance with the Compacts of Free Association between the United States and Micronesia, the Marshall islands, and Palau, as described in 8 U.S.C. 1612 (3/2024);

(2) Additional criteria for a lawful permanent resident (LPR) as defined in paragraph (B)(1)(c) of this rule are:

(a) Have resided in the U.S. for a period of five years or more beginning on the date of the alien's entry into the U.S. or on the date the alien obtains the status as a qualified alien. The status as a qualified alien is to be maintained during the five year period, unless they meet one of the criteria in paragraph (B)(2)(b) to (B)(2)(e) of this rule;

(b) Is under eighteen years of age, regardless of the date of entry;

(c) Is in receipt of federal government benefits or assistance for disability or blindness regardless of the date of entry;

(d) Was lawfully residing in the U.S. and was sixty-five or older on August 22, 1996; or

(e) Is an alien lawfully admitted for permanent residence under the INA who has forty qualifying quarters as determined under Title II of the Social Security Act (1/2025).

(3) LPR's that are not subject to the five-year waiting period as described in paragraph (B)(2)(a) of this rule are:

(a) 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);

(b) An American Indian who:

(i) Was born in Canada and possesses at least fifty per cent of blood of the American Indian race to whom the provisions of section 289 of the INA, 8 U.S.C. 1359 (6/1952) apply; or

(ii) Is a member of an Indian tribe as defined in section (e) of the Indian Self-Determination and Education Assistance Act of 1951, 25 U.S.C. 5304 (10/2020), that is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

(i) An individual lawfully residing in the U.S. and who was a member of the Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to the U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975;

(ii) The spouse, or surviving spouse of such Hmong or Highland Laotian described in paragraph (B)(3)(c)(i) of this rule; or

(iii) An unmarried dependent child, or surviving dependent child of such Hmong or Highland Laotian described in paragraph (B)(3)(c)(i) of this rule who is under the age of eighteen or a full-time student under the age of twenty-two provided the child was dependent upon him or her at the time of his or her death; or an unmarried disabled child age eighteen or older if the child was disabled and dependent on the person prior to the child's eighteenth birthday. Child means the legally adopted or biological child of the person described in paragraph (B)(3)(c)(i) of this rule.

(d) A lawful alien with one of the following military connections:

(i) A veteran honorably discharged for reasons other than alien status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), (12/2016) including an individual who died in active military, naval or air service duty. The definition of veteran includes an individual who served before July 1, 1946, in the organized military forces of the government of the commonwealth of the Philippines while such forces were in the service of the armed forces of the U.S. or in the Philippine scouts, as described in 38 U.S.C. 107 (10/2010).

(ii) An individual on active duty (other than training) in the armed forces of the U.S.

(iii) The spouse and unmarried dependent children of a person described in paragraph (B)(3)(d)(i) or (B)(3)(d)(ii) of this rule, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304 (8/1991) and the spouse has not remarried. An unmarried dependent child is: a child who is under the age of eighteen or, a full-time student, under the age of twenty-two; an unmarried dependent child of a deceased veteran provided the child was dependent upon the veteran at the time of the veteran's death, or an unmarried disabled child age eighteen or older if the child was disabled and dependent on the veteran prior to the child's eighteenth birthday. Child means the legally adopted or biological child of the person described in paragraph (B)(3)(d)(i) or (B)(3)(d)(ii) of this rule.

(4) The following qualified aliens, once they have adjusted their immigration status to LPR, are not subject to the five-year waiting period as described in paragraph (B)(2)(a) of this rule when determining eligibility for SNAP:

An alien is considered to have adjusted their immigration status to LPR when they have received an approval notice and a permanent residence card (green card) from the United States citizenship and immigration services (USCIS). An individual is not considered an LPR if they have applied to adjust their status and have not yet received a decision.

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

(b) An alien who is granted asylum under section 208 of the INA, 8 U.S.C. 1158 (12/2008);

(c) 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 (1/2023);

(d) An alien whose deportation or removal is being withheld under section 243 (h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241 (b)(3) of the INA, 8 U.S.C. 1231 (1/2025);

(e) A victim of a severe form of trafficking as described in 22 U.S.C. 7102 (1/2021).

(5) The following qualified aliens, once they have adjusted their immigration status to LPR, are subject to the five-year waiting period described in paragraph (B)(2)(a) of this rule unless they meet one of the criteria in paragraphs (B)(2)(b) to (B)(2)(e) of this rule:

(a) An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980;

(b) An alien paroled into the U.S. under section 212(d)(5) of the INA, 8 U.S.C. 1182 (1/2025) for a period of at least one year;

(c) An alien 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 residing in the same residence as the alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered. Verification and documentation procedures for this status are defined in exhibit B of attachment 5 of the department of justice (DOJ) interim guidance dated November, 17, 1997 (62 FR 61344).

The county agency is to:

(1) Include qualifying quarters from the work of a parent (natural, adoptive and step) of the alien before the alien became eighteen years of age (including quarters worked before the alien was born or adopted);

(2) Include qualifying quarters credited from the work of a spouse of the alien during their marriage when they are still married, or the spouse is deceased;

(3) Exclude quarters of a spouse when the couple divorces prior to a determination of SNAP eligibility. However, when the county agency determines eligibility of an alien based on the quarters of coverage of the spouse, and then the couple divorces, the alien's eligibility continues until the next recertification. At that time, the county agency is to determine the alien's eligibility without crediting the alien with the former spouse's quarters of coverage;

(4) Exclude quarters that the alien actually received any federal means-tested public benefit, such as Ohio works first, supplemental security income or medicaid, or actually received SNAP benefits. Likewise, a parent's or spouse's quarter is not creditable when the parent or spouse actually received any federal means-tested public benefit or actually received SNAP benefits in that quarter;

The county agency is to evaluate quarters of coverage and receipt of federal means-tested public benefits on a calendar year basis. The county agency is to first determine the number of quarters creditable in a calendar year, then identify those quarters that the alien (or parent or spouse of the alien) received federal means-tested public benefits and then remove those quarters from the number of quarters of coverage earned or credited to the alien in that calendar year. However, when the alien earns the fortieth quarter of coverage prior to applying for SNAP benefits or any other federal means-tested public benefit in that same quarter, the county agency is to allow that quarter toward the forty qualifying quarters total.

(5) Verify whether a lawful permanent resident has earned or can receive credit for a total of forty qualifying quarters. However, the quarters of coverage history system (QCHS) of the social security administration (SSA) will not show all qualifying quarters. For instance, SSA records do not show current year earnings and in some cases, the last year's earnings, depending on the time of the request. Also, in some cases, an applicant may have work from uncovered employment that is not documented by SSA but is countable toward the forty quarters test. In both these cases, the individual, rather than SSA, would need to verify the quarters.

(D) How does a county agency determine lawful alien status with a military connection?

The county agency is to verify the U.S. military connection through the use of the department of defense (DOD) records and forms. Only DOD documentation is acceptable to verify the military service status of these individuals.

(E) What are the citizenship and alien status verification requirements?

(1) When an assistance group (AG) indicates that one or more of its members are U.S. citizens, but the county agency questions this declaration, the county agency will verify the member's citizenship in accordance with "attachment 4" of the U.S. DOJ interim guidance dated November 17, 1997 (62 Fed. Reg. 61344) that outlines documents that verify an individual's status as a U.S. citizen or non-citizen national:

(a) When the forms of verification suggested in "attachment 4" of the U.S. DOJ interim guidance cannot be obtained and the AG can provide a reasonable explanation as to why verification is not available, the county agency is to accept a signed statement from a third party indicating a reasonable basis for personal knowledge that declares under penalty of perjury that the member in question is a U.S. citizen. The signed statement is to contain a warning of the penalties for helping someone commit fraud.

(b) Absent verification or third party attestation of U.S. citizenship, the member whose citizenship is in question is ineligible to participate until the issue is resolved. The member whose citizenship is in question will have his or her income and resources considered available to any remaining AG members as described in rule 5101:4-6-13 of the Administrative Code.

(c) The county agency is to accept participation in another program as acceptable when verification of citizenship was obtained for that program.

(2) An alien is ineligible for SNAP until acceptable documentation is provided unless:

(a) The county agency has submitted a copy of a document provided by the AG to the U.S. citizenship and immigration service (USCIS) under the U.S. department of homeland security (DHS) for verification. Pending such verification, the county agency will not delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the individual's immigration status.

(b) The applicant or county agency has submitted a request to SSA for information regarding the number of quarters of work that can be credited to the individual. SSA has responded that the individual has fewer than forty quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited. When SSA indicates that the number of qualifying quarters that can be credited is under investigation, the county agency is to certify the individual for up to six months from the date of the original determination of insufficient quarters pending the results of the investigation.

(c) The applicant or the county agency has submitted a request to a federal agency for verification of information affecting the individual's eligible alien status. The county agency is to certify the individual for up to six months from the date of the original request for verification pending the results of the investigation.

(F) Is there a timeframe for verifying citizenship?

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

(2) When the county agency fails to provide an alien applicant with a reasonable opportunity to submit documentation, the county agency is to provide the (AG) with benefits no later than thirty days following the date of application, provided the (AG) is otherwise eligible.

(G) How does the county agency determine the validity of documents?

(1) The county agency is to verify the authenticity of the documentation of eligible alien status of applicant aliens. When an alien does not wish for the county agency to contact the USCIS to verify his or her immigration status, the county agency is to give the (AG) the option of withdrawing its application or participating without that (AG) member in accordance with paragraph (I) of this rule. The U.S. DOJ interim guidance dated November 17, 1997 (62 FR 61344) contains information on acceptable documents and USCIS codes.

(2) The county agency will verify the validity of the documents presented by applicant aliens through the systematic alien verification for entitlements (SAVE) program. In some instances, validity of documents are to be verified by submitting additional documentation. SAVE procedures are described in rule 5101:4-7-14 of the Administrative Code.

(H) What happens when an individual's status as an alien changes?

(1) Each category of eligible alien status stands alone for purposes of determining eligibility.

(2) Subsequent adjustment 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 if eligibility exists under another status.

(I) What happens when an (AG) indicates an inability or unwillingness to provide documentation of alien status?

When an (AG) indicates inability or unwillingness to provide documentation of alien status for any (AG) member, that member will be classified as an ineligible alien. In such cases, the county agency is not to continue efforts to obtain that documentation, unless the individual requests assistance from the county agency.

(J) Should the county agency report illegal aliens?

County agencies are to report to the Ohio department of job and family services when an applicant or recipient is known to be an illegal alien. To be a known illegal alien, there is to be a finding of fact, or a conclusion of law made as part of a formal determination that is conducted by the USCIS. Only documentation provided by the USCIS or the executive office of administrative review (e.g. a final order of deportation) will be considered evidence.

Last updated April 1, 2026 at 8:39 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-3-09 Food assistance: Ohio works first assistance groups.

This rule sets forth the actions a county agency shall take on supplemental nutrition assistance program (SNAP) benefits when a member of an assistance group in which all members are receiving Ohio works first (OWF) is sanctioned or disqualified from the OWF program for failing a behavioral requirement in the OWF program designed to improve the well being of the recipient family, such as participating in work activities or other provisions of the self sufficiency contract.

(A) What is an OWF assistance group?

(1) An OWF assistance group (AG) is defined as an AG in which all members are receiving benefits under Title IV-A of the Social Security Act. The penalties and sanctions that should be imposed for these AGs are described in rules 5101:1-3-14 and 5101:1-3-15 of the Administrative Code.

(2) AGs in which not all members are receiving OWF shall be treated in accordance with rule 5101:4-3-12 of the Administrative Code.

(B) When should a county agency apply this rule?

(1) This rule shall be applied when:

(a) An individual is receiving OWF benefits at the time the sanction or disqualification was imposed; or

(b) The sanction or disqualification is imposed at the time of application for continued OWF benefits when there is no break in participation.

(2) This rule shall not be applied when an individual has:

(a) Reached a time limit for time-limited benefits;

(b) Failed to reapply or complete the application process for continued OWF benefits;

(d) Failed to perform purely procedural requirements required by the OWF program. A procedural requirement, which would not trigger a SNAP sanction or disqualification, is a step that an individual must take to continue receiving benefits in the OWF program such as providing verification of circumstances; or

(e) Been sanctioned or disqualified at the time the individual initially applied for OWF benefits.

(1) Failure or refusal without good cause of an individual who is an adult or a minor head of household to complete the comprehensive appraisal process, as set forth in rule 5101:1-3-11 of the Administrative Code.

(2) Failure or refusal of an individual who is an adult or a minor head of household to sign the self sufficiency contract, as set forth in rule 5101:1-3-11 of the Administrative Code.

(3) Failure or refusal of a minor parent to attend the learning, earning and parenting (LEAP) program assessment, failure to enroll in school, or withdrawal from school, as set forth in rule 5101:1-23-50 of the Administrative Code.

(D) What circumstances cause an individual to be disqualified from SNAP?

In accordance with rule 5101:1-3-11 of the Administrative Code, a member of an OWF AG who is an adult or a minor head of household shall be disqualified to participate in SNAP for six payment months when the county agency determines that the member of the AG terminated his or her employment without good cause.

(E) What circumstances cause an individual to be sanctioned from SNAP?

(1) Failure by an individual who is an adult or a minor head of household to comply with provision(s) contained in the self sufficiency contract without good cause, as described in rule 5101:1-3-11 of the Administrative Code, shall result in the imposition of a sanction for that individual as described in rule 5101:1-3-15 of the Administrative Code.

(a) Provisions contained within the self sufficiency contract that could result in a sanction are work activities, alternative activities as described in rule 5101:1-3-12.12 of the Administrative Code and child support noncooperation as described in rule 5101:1-3-10 of the Administrative Code.

(b) Subsequent failures to comply with provision(s) contained in the self sufficiency contract that occur up until the imposition of the sanction shall be considered the same occurrence. The SNAP sanction or disqualification period shall be imposed concurrently with the sanction or disqualification in the OWF program to the extent allowed by normal SNAP processing times and notice requirements.

(2) Failures resulting in the imposition of a sanction as described in rule 5101:1-3-15 or 5101:4-3-12 of the Administrative Code are to be cumulative.

(F) What happens when a sanctioned or disqualified individual changes OWF AGs?

An individual who causes the sanction or disqualification carries that sanction or disqualification into another OWF AG until that individual complies.

(G) What happens to the sanction when the individual leaves the OWF program prior to the imposition of the sanction?

When an OWF individual leaves the OWF program prior to the actual imposition of the sanction or disqualification, the sanction or disqualification will not be held in abeyance.

(H) How long does an individual remain sanctioned from SNAP under the provisions of this rule?

(1) The length of the SNAP sanction or disqualification period shall not exceed the OWF sanction or disqualification period in accordance with rule 5101:1-3-15 of the Administrative Code.

(a) When the sanction or disqualification is still in effect at the end of one year, the county agency shall review the case to determine when the sanction or disqualification continues to be appropriate. Sanctions or disqualifications extended beyond one year must be reviewed at least annually but may be ended by the county agency at any time.

(b) The county agency shall stop the SNAP sanction or disqualification when it becomes aware that the person has become ineligible for OWF for some other reason.

(2) After a sanction or disqualification has ended, the individual may apply for SNAP benefits according to rule 5101:4-2-01 of the Administrative Code or be added to the AG in accordance with rule 5101:4-7-01 of the Administrative Code.

(I) How is a SNAP sanction that is imposed in accordance with rule 5101:1-3-15 of the Administrative Code ended and eligibility regained?

The AG 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/Food Assistance Sanction Compliance Agreement" or the equivalent from the Ohio benefits integrated eligibility system; and

(2) Serve the minimum sanction period.

(3) For a second and any subsequent sanction the AG 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 in accordance with rule 5101:1-3-15 of the Administrative Code.

(J) How are the income and resources of a sanctioned individual treated?

Individuals sanctioned in accordance with this rule shall have their income and resources treated as described in rule 5101:4-6-13 of the Administrative Code.

(K) How is the SNAP benefit allotment affected?

In accordance with rule 5101:4-6-16 of the Administrative Code, the county agency shall not increase the SNAP allotment as the result of a decrease in OWF when the decrease is due to the failure of an AG member to perform a required action.

(L) How does the county agency process changes that are not related to the OWF violation?

The county agency shall act on changes which are not related to the OWF violation and that would affect the AG's benefits in accordance with rule 5101:4-7-01 of the Administrative Code. All individuals who enter the OWF AG after the time of the failure, and otherwise meet eligibility requirements, shall be eligible to receive SNAP benefits for the appropriate AG size.

Last updated April 1, 2026 at 8:39 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-3-11 Screening for exemptions from work requirements.

(A) Who is to undergo screening for exemptions from the general work requirements?

As a condition of eligibility for the supplemental nutrition assistance program (SNAP), every individual that does not meet one of the following exemptions is referred to as a "work registrant" and is subject to the general work requirements as described in rule 5101:4-3-12 of the Administrative Code. A county agency is to utilize the Ohio benefits integrated eligibility system for screening to determine and document the exemption status and work requirement (when applicable) of each individual aged sixteen to sixty-four years old. An individual is exempt when they are:

(1) A person younger than sixteen years of age.

(2) A sixteen- or seventeen-year-old participant who is attending school, enrolled in an employment training program on at least a half-time basis, or who is not the assistance group (AG) name.

(3) A person sixty years of age or older.

(4) A parent or other AG member who is responsible for the care of a dependent child under age six or an incapacitated person. When a parent and another member of the AG both claim to be responsible for the care of the same dependent child(ren) or incapacitated person, only one member is to be exempt. The responsibility should be determined through a discussion with the applicant.

(5) A person receiving unemployment compensation benefits or who has applied for and is complying with the requirements of the unemployment compensation application process.

(6) A person determined by the county agency to be physically or mentally unfit for employment either permanently or temporarily. An individual is medically certified as physically or mentally unfit for employment when the individual is:

(a) Receiving temporary or permanent disability benefits issued by governmental or private sources; or

(b) Obviously mentally or physically unfit for employment as determined by the county agency. Mental or physical unfitness that may be directly or indirectly observed or perceived does not need a medical statement. However, the county agency is to maintain documentation within the case file capable of withstanding a third-party review of what was observed or perceived to support the granting of the exemption.

When the unfitness is not obvious, the individual is to provide a statement from any medical personnel, that the individual is physically or mentally unfit for employment. The county agency is to maintain verification within the case file capable of withstanding a third-party review.

(7) AG members who are applying for both supplemental security income (SSI) and SNAP benefits at the local social security office are to have the requirement for work registration waived until:

(a) They are determined eligible for SSI and thereby become exempt from work registration; or

(b) They are determined ineligible for SSI at which time their exemption from work requirements is to be reevaluated, notwithstanding the requirements of paragraph (C) of this rule.

(8) A person who regularly participates in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis.

(9) A student enrolled at least half time in any recognized school, training program, or institution of higher education and meets the student eligibility requirements in accordance with rule 5101:4-6-04 of the Administrative Code. A student will remain exempt during normal periods of class attendance, vacation and recess.

When the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer) the county agency shall work register the individual, unless the individual qualifies for another exemption.

(10) An AG member subject to and complying with any work requirement under the Ohio works first (OWF) program.

(11) An employed or self-employed person working a minimum of thirty hours weekly or earning weekly wages at least equal to the federal minimum wage multiplied by thirty hours. This includes migrant and seasonal farm workers under contract or similar agreement with an employer or crew chief to begin employment within thirty days (although this is not to prevent individuals from seeking additional services from the county agency).

(B) Who is exempt from the able-bodied adults (ABA) work requirement?

Every individual who does not meet one of the following exemptions is subject to the ABA work requirement described in rule 5101:4-3-13 of the Administrative Code. A county agency is to utilize the Ohio benefits integrated eligibility system to determine and document the exemption status and work requirement (when applicable) of each individual. An individual is exempt when they are:

(1) A person under eighteen or sixty-five years of age or older.

(2) A pregnant woman.

(3) A person under sixty years of age, who meets a general work requirement exemption in accordance with paragraph (A) of this rule.

(4) A person aged sixty to sixty-four who meets a general work requirement exemption in accordance with paragraphs (A)(4) to (A)(11) of this rule.

(5) A parent (natural, adoptive, or step) of an AG member under age fourteen, even when the dependent child who is under fourteen is not eligible for SNAP.

(6) An individual residing with an assistance group member under age fourteen, even when the assistance group member who is under fourteen is not eligible for SNAP.

(7) An Indian or Urban Indian as defined in paragraphs (13) and (28) of section 4 of the Indian Health Care Improvement Act, 25 U.S.C 1603 (03/2010).The term Urban Indian means any individual who resides in a community designated by the United States secretary of health and human services as having a sufficient Urban Indian population with unmet health needs. The term Indian, Indians, or Urban Indians means a person who is at least one of the following:

(a) Regardless of whether they live on or near a reservation, is a member of a tribe,band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the state in which they reside,or who is a descendant, in the first or second degree, of any such member;

(b) Is an Eskimo or Aleut or other Alaska native;

(d) Is determined to be an Indian under regulations promulgated by the secretary.

(8) A California Indian as described in section 809(a) of the Indian Health Care Improvement Act, 25 U.S.C. 1679 (03/2010) and who is at least one of the following:

(a) A member of a federally recognized Indian tribe;

(b) A descendant of an Indian who was residing in California on June 1, 1852, if such descendant:

(i) Is a member of the Indian community served by a local program of the service; and

(ii) Is regarded as an Indian by the community in which such descendant lives.

(d) An Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the state of California under the Act of August 18, 1958 (72 Stat. 619), and any descendant of such an Indian.

A county agency is to utilize the Ohio benefits integrated eligibility system to determine and document the exemption status and work requirement (when applicable) of each individual.

(1) When an individual who had been subject to either work requirement becomes exempt due to a change in circumstances, the exemption begins in the month during which the change occurred.

(2) When an individual who had been subject to either work requirement becomes exempt due to a change in circumstances that is questionable, the county agency is to first attempt to verify the exemption using the information already available to the county agency. The exemption begins in the month during which the change was verified by information already available to the county agency.

When the county agency is unable to verify the exemption without requesting additional verification, the county agency is to follow the process outlined in rule 5101:4-7-01 of the Administrative Code. The individual remains subject to the work requirement until the exemption is verified. The exemption begins in the month during which the change is verified.

(3) When an individual who had been exempt from a work requirement becomes required due to a change in circumstances, the county agency is to process the change in accordance with rule 5101:4-7-01 of the Administrative Code.

(a) For individuals aged sixteen to fifty-nine determined to no longer be exempt from the general work requirements, the individual may be subject to the general work requirements when they do not meet an exemption described in paragraph (A) of this rule.

(b) For individuals determined to no longer be exempt from the ABA work requirement, the individual may be subject to the ABA work requirement and time limit when they do not meet an exemption described in paragraph (B) of this rule. The ABA is not to accrue countable months as described in rule 5101:4-3-13 of the Administrative Code until they have been rescreened.

(c) When a new member joins an already existing AG, the county agency is to attempt to screen the new AG member at the time the county agency is processing the change in circumstances in accordance with rule 5101:4-7-01 of the Administrative Code.

When the county agency is unable to screen the new AG member, the individual may be subject to the general work requirements when they do not meet an exemption described in paragraph (A) of this rule. The ABA is not to accrue countable months as described in rule 5101:4-3-13 of the Administrative Code until they have been screened. The county agency is to document all attempts to contact the individual in the Ohio benefits integrated eligibility system.

(D) What information does each individual subject to a work requirement receive?

At initial certification, recertification and when a previously exempt assistance group member or new assistance group member becomes subject to a work requirement, the county agency will provide the individual with:

(1) A comprehensive oral explanation of the applicable work requirement(s) pertaining to each individual in the AG including:

(a) The general work requirements described in rule 5101:4-3-12 of the Administrative Code; and/or

(b) The ABA work requirement described in rule 5101:4-3-13 of the Administrative Code.

(2) A consolidated work notice issued from the Ohio benefits integrated eligibility system.

Last updated October 1, 2026 at 9:27 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-3-12 General work requirements.

Every work registrant participating in the supplemental nutrition assistance program (SNAP) is subject to general work requirements as a condition of receiving benefits. This rule describes the general work requirements, the consequences for not fulfilling a general work requirement and the process for regaining SNAP eligibility after failing or refusing to fulfill a general work requirement.

(A) What are the general work requirements?

(1) Every work registrant in SNAP is subject to the following work requirements:

(a) Upon request, provide the county agency with sufficient information regarding employment status or availability for work;

(b) Report to a suitable employer when referred by the county agency;

(d) Continue suitable employment until it is no longer considered suitable; the individual is terminated for reasons beyond the individual's control; or the individual becomes exempt from the general work requirements; and

(e) Not voluntarily and without good cause quit a job of thirty or more hours a week or reduce work effort to less than thirty hours a week.

(2) For purposes of this rule, employment is "unsuitable" when:

(a) The wage offered is less than the highest of the applicable federal or state minimum wage or eighty per cent of the federal minimum wage, when neither the federal nor the state minimum wage is applicable;

(b) The employment offered is on a piece-rate basis, (i.e., paid per unit of production) and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages;

(c) The assistance group member, as a condition of employment or continuing employment, is to join, resign from, or refrain from joining any legitimate labor organization; or

(d) The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under section 208 of the Labor-Management Relations Act of 1947 29 U.S.C. 141 (6/1947), or unless an injunction has been issued under section 10 of the Railway Labor Act of 1926, 45 U.S.C. 151 (10/1996).

(3) For purposes of this rule:

(a) An individual voluntarily and without good cause quitting their job includes when an employee of the federal, state or local government participates in a strike against the employer, and is dismissed from their job because of participation in the strike.

(b) An individual has reduced their work hours without good cause when the reduction results in earning less than the federal minimum wage times thirty hours.

(c) A voluntary job quit or a reduction of work is not to be explored by the county agency when an individual reduces hours or resigns at the demand of the employer, terminates self-employment or quits a job and secures comparable employment.

"Comparable" is not strictly defined and a county agency is not to declare a new job incomparable simply because the number of hours or the salary is lower than the job that was quit without discussing the circumstances with the individual.

(B) What is good cause for not fulfilling a work requirement?

The county agency is responsible for determining good cause when a work registrant does not fulfill a general work requirement. In determining whether or not good cause exists, the county agency is to take into account the facts and circumstances, including information submitted by an employer and/or the assistance group member involved.

(1) Good cause includes circumstances beyond the work registrant's control, such as, but not limited to:

(a) Illness (either their own or that of another assistance group member requiring the presence of the work registrant);

(b) Assistance group emergency;

(d) The lack of adequate child care for children who have reached age six but are under age twelve; and

(e) Domestic violence, as defined in section 5107.02 of the Revised Code.

(2) Good cause for leaving employment includes circumstances beyond the work registrant's control and also includes, but is not limited to, the following:

(a) Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs.

(b) Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule.

(c) Acceptance of employment by the individual, or enrollment by the individual in any recognized school, training program, or institution of higher education on at least a half time basis, that requires the individual to leave employment; or acceptance by any other assistance group member of employment or enrollment at least half time in any recognized school, training program, or institution of higher education in another county or similar political subdivision that requires the assistance group to move and thereby requires the individual to leave employment.

(d) Resignations by persons under the age of sixty that are recognized by the employer as retirement.

(e) Employment that becomes unsuitable, as specified in paragraph (A) of this rule, after the acceptance of such employment.

(f) Acceptance of a bona fide offer of employment of more than thirty hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by thirty hours that, because of circumstances beyond the control of the individual, subsequently either does not materialize or results in employment that is not suitable.

(g) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where assistance groups will apply for SNAP benefits between jobs particularly in cases where work is not yet available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment is to be considered good cause when it is part of the pattern of that type of employment.

(3) When a county agency finds the information regarding an assertion of good cause is questionable as defined in rule 5101:4-2-09 of the Administrative Code, it will request verification of the assistance group's statements. It is the assistance group's responsibility to provide the necessary verification. However, when the county agency has access to the information needed it should be considered. When assistance in gathering the information is needed, it is to be provided by the county agency. When good cause is questionable and the assistance group fails or refuses to provide verification of the questionable information, good cause will not be determined.

(4) Prior to taking action in accordance with paragraph (C) of this rule, the county agency is to ensure that the work registrant was informed of the alleged failure(s) to meet a work requirement and their right to provide good cause information to the county agency. The county agency is to inform the work registrant of the failure by any reasonable means (letter, phone call, email, etc.).

Once a work registrant has been informed of the alleged failure, it is their responsibility to contact the county agency within seven days of the notification to show good cause for the alleged failure.

Within ten days of determining a work registrant failed or refused to fulfill a work requirement without good cause, the county agency will utilize the Ohio benefits integrated eligibility system to issue a notice of adverse action. In accordance with division 5101:6 of the Administrative Code, the notice will include a clear and understandable statement of the proposed action and the reason(s) for it, citations to applicable regulations and the work registrant's right to request a state hearing.

(1) A work registrant in receipt of SNAP benefits who fails or refuses without good cause to meet a general work requirement will be sanctioned in accordance with this paragraph.

(a) For a first failure or refusal, the county agency is to sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of one benefit month.

(b) For a second failure or refusal, the county agency is to sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of three benefit months.

(c) For a third or subsequent refusal, the county agency is to sanction the individual by denying or terminating the individual's eligibility to participate in the SNAP for a minimum of six benefit months.

(2) An applicant subject to the general work requirements who has a voluntary job quit or reduction of work hours without good cause and within sixty days of applying for SNAP will be ineligible for SNAP for the same time period that they otherwise would have been sanctioned for the failure.

(3) When an individual stops receiving SNAP benefits for a different reason before the actual imposition of the sanction, the sanction will not be held in abeyance. The establishment of new residence in another county or another assistance group by an individual who has been proposed for a sanction or who is currently under sanction does not, in and of itself, negate the sanction.

(D) What is the consequence of quitting a job or reducing effort for an individual who is exempt from the general work requirements because they were working thirty or more hours per week (or receiving weekly earnings at least equal to the federal minimum wage multiplied by thirty hours)?

If a SNAP recipient who is exempt from the general work requirements quits job/reduces hours without good cause and is not working thirty or more hours per week or otherwise exempt from the general work requirements, then the county agency is to propose a sanction in accordance with paragraph (C) of this rule.

(E) How does an individual regain eligibility after not fulfilling a general work requirement?

(1) Except for work registrants sanctioned as a result of a voluntary quit or reduction of work effort, prior to reinstatement of benefits, the county agency is to provide , and the sanctioned work registrant is to sign the JFS 03804 "Ohio Works First/Supplemental Nutrition Assistance Program (SNAP) Sanction Compliance Agreement."

(a) When the JFS 03804 is signed prior to the end of the sanction period, the sanctioned individual regains eligibility and the county agency reinstates benefits after the minimum sanction period is served.

(b) When the JFS 03804 is signed after the end of the minimum sanction period, the individual regains eligibility effective the day the JFS 03804 was signed and returned and the county agency reinstates benefits pursuant to rule 5101:4-7-01 of the Administrative Code.

(2) For work registrants disqualified or sanctioned as a result of voluntary quit or reduction of work effort:

(a) Eligibility may be reestablished during a disqualification period and the individual is to, when otherwise eligible, be permitted to resume participation without signing a JFS 03804 when:

(i) The individual secures new employment that is comparable in salary or hours to the job that was quit.

(ii) The individual may increase his or her work effort to thirty or more hours per week or earn an amount equal to the federal minimum wage times thirty hours per week; or

(b) When the minimum sanction period is served and the sanctioned individual has not found new employment or increased hours of employment, the individual may begin participation in the SNAP program when the individual is fulfilling the general work requirements and is otherwise determined eligible.

(3) When the circumstances change and the individual qualifies for an exemption from the general work requirements, the individual may qualify for SNAP benefits. Such exemptions may occur before the minimum sanction period ends.

(F) How are failures for noncompliance with unemployment compensation or an Ohio works first (OWF) work requirement handled?

Individuals exempt from the general work requirement due to receiving unemployment compensation or OWF benefits are to comply with the unemployment compensation or OWF requirements. When a county agency learns that an assistance group has lost or been denied unemployment compensation or OWF eligibility, the county agency is to determine whether the loss or denial was caused by a determination of the administering agency that the individual failed or refused without good cause to comply with an unemployment compensation or OWF requirement.

(1) When it is determined that the individual failed or refused to meet an OWF requirement and all members of the SNAP assistance group are receiving OWF benefits, the county agency is to follow rule 5101:4-3-09 of the Administrative Code.

(2) When it is determined that the individual failed or refused to meet an OWF requirement and one or more members of the SNAP assistance group are not in receipt of OWF benefits, or the individual failed or refused to meet an unemployment compensation requirement, the county agency is to determine if the individual who failed or refused to meet an unemployment compensation or OWF program requirement was exempt from the general work requirements pursuant to rule 5101:4-3-11 of the Administrative Code and:

(a) When the individual meets a different exemption from the general work requirements, no further action is needed.

(b) When the individual does not meet a different exemption from the general work requirements, the county agency is to sanction the individual in accordance with paragraph (C) of this rule. The income and resources of the individual will be treated in accordance with paragraph (A) of rule 5101:4-6-13 of the Administrative Code.

(c) Assistance group members who fail to comply with an unemployment compensation or OWF requirement that is not equivalent to that of a SNAP work requirement are to lose their exemption and must be registered for work when not otherwise exempt.

Last updated October 1, 2024 at 9:30 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-3-13 ABA work requirement and time-limited participation.

Every able-bodied adult (ABA), formerly known as "able-bodied adult without dependents" (ABAWD), is required to work twenty hours per week or they will lose eligibility for the supplemental nutrition assistance program (SNAP). This rule describes the work requirement, the time-limit on receiving assistance for ABAs who do not work and the process for regaining SNAP eligibility after reaching the time-limit on participation.

(A) What is the ABA work requirement?

(1) For a total of at least twenty hours per week (eighty hours averaged monthly), every ABA is required to either:

(a) Engage in work.

For purposes of this rule, "work" includes:

(i) Working in exchange for (alone or in combination): money (paid work); goods or services (in-kind work); or verified unpaid work.

(ii) "Unpaid work" includes any activity where the individual performs something for no compensation and that benefits the community or a member of the community that does not reside with the individual. Unpaid work is subject to the verification requirements of rule 5101:4-2-09 of the Administrative Code.

(b) Participate in a work program.

For purposes of this rule, a work program includes:

(i) A program under Title 1 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (07/2014);

(ii) A program under section 236 of the Trade Act of 1974, 19 U.S.C. 2296, (06/2015);

(iii) A program of employment and training for veterans operated by the department of labor or the department of veterans affairs; or

(iv) The SNAP employment and training (E&T) program operated in accordance with the requirements and hourly limitations in Chapter 5101:4-9 of the Administrative Code.

(2) Verification of hours.

(a) An ABA is to use the JFS 07410 "ABA Verification of Unpaid Hours" to verify unpaid work hours used to fulfill the work requirement. The hours are to be verified at certification, recertification and anytime that an ABA reports a change in the nature of the work (e.g., hours, location, entity the work is performed for, etc.).

(b) A county agency is to verify paid employment hours and hours spent in a work program consistent with the requirements described in rule 5101:4-2-09 of the Administrative Code and verification is to be conducted at certification, recertification and anytime that an ABA reports they are fulfilling the work requirement through paid employment or a work program that has not already been verified.

(3) Each month that an ABA received a SNAP allotment for the entire month and failed to fulfill the ABA work requirement without good cause, is considered a "countable month." Countable months can only be accrued when an individual has been screened for exemptions from the work requirements in accordance with rule 5101:4-3-11 of the Administrative Code.

(B) What is good cause for not fulfilling the ABA work requirement?

When a county agency determines that an individual would have fulfilled the ABA work requirement, but missed some hours for good cause, the individual is to be considered to have fulfilled the work requirement when the absence from work, and/or the work program is temporary.

Good cause is to include circumstances beyond the individual's control, such as, but not limited to:

(1) Illness (either their own or that of another assistance group (AG) member requiring the presence of the ABA individual);

(2) AG emergency;

(3) Domestic violence; as defined in section 5107.02 of the Revised Code; or

(4) The unavailability of transportation.

(1) An ABA is not eligible to participate in SNAP as a member of any AG when the ABA has received benefits for three countable months during any thirty-six month period. The first month of the thirty-six month count begins during the first full month of benefits.

(2) The county agency is responsible for utilizing the Ohio benefits integrated eligibility system to enforce the ABA time-limit on participation.

(D) How does an individual regain eligibility after not fulfilling the ABA work requirement?

(1) When an individual is ineligible to participate in SNAP due to the ABA time-limit, but is otherwise eligible, they may regain SNAP eligibility by:

(a) Becoming exempt from the general work requirements for a reason other than age or the ABA work requirement. The individual becomes eligible on the date of application (or the date the individual requested to join an existing SNAP AG); or

(b) In the sixty days prior to the date of application (or the date the individual requested to join an existing SNAP AG), completing a total of eighty hours of work or participation in a work program over thirty consecutive days. The individual becomes eligible on the date of application (or the date the individual requested to join an existing SNAP AG).

The SNAP E&T program is a work program reserved for SNAP recipients and is not a work program that can be used to regain SNAP eligibility due to a failure to comply with the ABA work requirement.

(2) Once in a thirty-six month period, an ABA may be eligible for an additional three consecutive months of SNAP eligibility after failing to meet the work requirement. When the county agency determines that an ABA who has regained SNAP eligibility in accordance with this rule has subsequently failed to meet the ABA work requirement, the county agency will determine if the ABA has received the additional three consecutive months of benefits in the past thirty-six months.

(a) When the county agency determines that the ABA has already received the three consecutive additional months of eligibility, the ABA is ineligible.

(b) When the county agency determines that the ABA has not yet received the three consecutive additional months of eligibility, the ABA is eligible for a period of three consecutive countable months starting on either:

(i) The date the individual first notifies the county agency that they are no longer fulfilling the ABA work requirement; or

(ii) When the individual has been satisfying the work requirement by participating in a SNAP E&T component, the date the county agency notifies the individual that they are no longer meeting the ABA work requirement.

Last updated October 1, 2026 at 9:27 AM

History

Effective: October 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-3-22 Food assistance: nonfinancial eligibility standard-social security numbers.

(A) Is a social security number required for participation?

Each assistance group member applying for participation or participating in the program is required to provide a social security number (SSN) or apply for one before certification. Individuals having more than one number are required to provide all numbers.

(B) What happens when an applicant or recipient is unable to provide a SSN?

(1) Any assistance group member required to provide a SSN who is unable to do so must apply for one. To assist with applying the county agency shall:

(a) Complete a JFS 07355 "Notice of Application for Social Security Number";

(b) Advise the assistance group of the required verification for the social security administration (SSA) when the assistance group requests information on what verification will need to be submitted to the SSA office. The county agency shall provide information on what types of verification are acceptable for age, identity and/or citizenship or alien status (reference JFS 07355 for acceptable evidence); and

(c) Assist in routing the JFS 07355. The form is completed in triplicate. The original and the first copy are given to the assistance group to take to the SSA. The second copy is retained in the assistance group's file as proof the notice was issued. The SSA will complete the lower portion of the form and return the original to the county agency. The SSA will return the form directly to the county agency unless directed to do otherwise on a case-by-case basis. Assistance groups should not routinely be allowed to return the form to the county agency themselves except in unusual situations when any delay in the return of the form may cause the assistance group undue hardship. The SSA will send a social security card to the assistance group member and, when any pending claims exist, the claims processor is notified of the SSN. The county agency will be notified of the SSN by an alert from the SSA when using the SSA's third party query system.

(2) When the assistance group is unable to provide proof of application for a SSN for a newborn, the assistance group must provide the SSN or proof of application for a SSN at the next recertification or within six months following the month the baby is born, whichever is later. When the assistance group is unable to provide a SSN or proof of application for a SSN at that point, the county agency shall determine if the inability to do so meets good cause provisions as specified in paragraph (D) of this rule.

(1) The county agency shall explain to applicants and participants that refusal or failure without good cause to provide a SSN will result in disqualification of the individual for whom a SSN is not obtained. This disqualification applies to the individual for whom the number is not provided and not to the entire assistance group. The earned or unearned income of an individual disqualified for failure to comply with this requirement shall be treated as described in paragraph (B) of rule 5101:4-6-13 of the Administrative Code.

(2) In order for a disqualified assistance group member to regain eligibility, they must supply the county agency with the required SSN.

(D) How is good cause for failure to comply with the requirement to apply for or provide an SSN determined?

(1) In order to determine if good cause exists for failure to comply with the requirement to apply for or provide the county agency with a SSN, the county agency is to consider information provided by the assistance group, SSA and the county agency.

(2) Documentary evidence or collateral information that the assistance group member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN is to be considered good cause for not complying timely with the requirement.

(3) Good cause does not include delays due to illness, lack of transportation or temporary absences because SSA makes provisions for mail-in applications in lieu of applying in person.

(4) Except for newborns who have received benefits in accordance with paragraph (B)(2) of this rule, when an assistance group member can show good cause why an application for a SSN has not been completed in a timely manner, that individual is to be eligible to receive supplemental nutrition assistance program (SNAP) benefits for one month in addition to the month of application.

(5) If the assistance group member applying for a SSN has been unable to obtain the documents required by SSA, the county agency is to make every effort to assist the individual in obtaining these documents.

(6) Good cause for failure to apply is to be shown monthly in order for an assistance group member to continue to maintain eligibility. Once an application has been filed, the county agency is to permit the assistance group member to maintain eligibility pending notification of the county agency of the assistance group member's SSN.

(7) When good cause is not established, the assistance group member for whom the number is not provided is disqualified.

(E) When is an SSN verified?

(1) For those individuals who provide SSNs prior to certification, recertification or at any office contact, the county agency shall record the SSN and verify it. However, certification of an otherwise eligible assistance group shall not be delayed solely to validate any member's SSN, even when the thirty-day processing period has not expired. As soon as all other steps necessary to certify an assistance group are completed, except for verification of a SSN(s), the county agency shall certify the assistance group.

(2) When verification of an already reported SSN is not completed at initial certification, it shall be completed at the time of or prior to the assistance group's next recertification.

(3) A verified SSN shall be reverified only when the identity of the individual or the SSN becomes questionable.

(4) SSNs that have been verified through the Ohio works first (OWF) or medicaid programs shall not be reverified unless questionable.

(F) How is an SSN verified?

(1) A completed SSA form number SS-5 "Application for a Social Security Card" (rev. 10/2021) or a form SSA 2853 "Message from Social Security" (rev. 08-2009) shall be considered proof of application for a SSN for a newborn infant.

(2) Matching the reported SSN with information supplied by the SSA such as beneficiary and earnings data exchange (BENDEX) or state data exchange (SDX).

(3) Matching the reported number with the SSA's third party query system, or

(4) Observing the assistance group member's social security card.

(5) When the individual has no social security card, either the SSA 5028 "Receipt of Application of a Social Security Number" (rev. 04/2000), or the SSA 5029 "Receipt of Application of a Social Security Number" (rev. 11/2000), that is for a SSN that cannot be used for work purposes, or any "official document" containing the SSN can be used. An "official document" is defined as a W-2 form, a railroad retirement, retirement survivors disability insurance (RSDI) or supplemental security income (SSI) award letter, or another document containing the SSN that by law or regulation is required to be verified by the SSA. When the SSN appears questionable, the county agency shall verify the number either by matching it with information received from SSA or completing a JFS 07355.

(G) What documentation should be included in the case record to verify the SSN?

One of the following is to be retained in the case record: A photocopied or scanned copy of the social security card, an original JFS 07355, a SSA 2853, a SSA 5028 or a SSA 5029. When photocopies cannot be made, the county agency shall record full details regarding documents seen and in whose possession they remain.

(H) What can the SSNs of applicants and recipients be used for?

County agencies are authorized to use SSNs in the administration of SNAP to the extent determined necessary by the secretary of agriculture and the secretary of health and human services.

(1) States will have access to information regarding individual SNAP applicants and participants who receive social security and SSI benefits to determine such an assistance group's eligibility to receive assistance and the amount of assistance, or to verify information related to the benefits of these assistance groups.

(2) County agencies shall use the state data exchange (SDX) under Title XVI of the Social Security Act of 1935 as amended, to the maximum extent possible.

(3) County agencies should also use the SSNs to prevent duplicate participation, to facilitate mass changes in federal benefits, and to determine the accuracy and/or reliability of information given by assistance groups.

(4) County agencies shall also use information from the income eligibility verification system (IEVS) to request and exchange information on individuals available through this system as specified in rule 5101:4-7-09 of the Administrative Code.

Last updated January 3, 2023 at 9:28 AM

History

Effective: January 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-3-24 Food assistance: good cause for failure to comply in providing a social security number.

(A) What happens when an assistance group member refuses or fails to provide a social security number (SSN)?

(1) When an assistance group member refuses or fails to provide his or her SSN, he or she, as an individual, is ineligible to participate in the supplemental nutrition assistance program (SNAP) unless they provide good cause as described in paragraph (C) of this rule.

(2) The disqualification applies to the individual for which the number is not provided (including the child who is under eighteen whose parent has refused or failed to cooperate for him or her) and not to the entire assistance group.

(3) The earned or unearned income and resources of an individual disqualified for failure to comply with this requirement is to be treated as in accordance with rule 5101:4-6-13 of the Administrative Code. Prior notice requirements are to be followed before the assistance group's benefit level can be decreased.

(4) The disqualified assistance group member may become eligible upon providing the county agency with an SSN.

(B) How is good cause determined?

In determining when good cause exists for failure to comply with the SSN requirement, the county agency shall consider information from:

(1) The assistance group member;

(2) The social security administration (SSA); and

(3) The case file (especially when the county agency failed to refer the assistance group member to SSA, or SSA did not process the referral and/or SSN application in a timely manner).

Documentary evidence or collateral information that the assistance group member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN shall be considered good cause for not complying on a timely basis with this requirement.

(D) What is not considered good cause?

Good cause does not include delays due to illness, lack of transportation or temporary absences. SSA makes provisions for mail-in applications in lieu of applying in person.

(E) How is good cause handled?

(1) When the assistance group member demonstrates good cause for why an application has not been completed in a timely manner, the assistance group member shall be allowed to participate for one month in addition to the month of application.

(2) When an assistance group member applying for a SSN has been unable to obtain the documents required by SSA, the county agency shall make every effort to assist the individual in obtaining these documents.

(3) The assistance group must demonstrate good cause for failure to apply each month in order for the assistance group member to continue to participate.

(4) Once an application has been filed, the county agency shall permit the member to continue to participate pending notification of the assistance group member's SSN.

(5) When an assistance group is unable to provide proof of application for a SSN for a newborn, the assistance group shall provide the SSN or proof of application at its next recertification or within six months following the month the baby is born, whichever is later. When an assistance group is unable to provide a SSN or proof of application for a SSN at its next recertification or within six months following the baby's birth, the county agency shall determine if there is good cause.

Last updated May 2, 2022 at 8:51 AM

History

Effective: May 1, 2022
Promulgated Under: 111.15

Chapter 5101:4-4 Resource Eligibility Standards

Ohio Adm.Code 5101:4-4-01 Food assistance: resource standards.

An assistance group who has not been determined categorically eligible in accordance with rule 5101:4-2-02 of the Administrative Code must be under the resource limit in order to be eligible for supplemental nutrition assistance program (SNAP) benefits. Resource limits are reviewed and adjusted annually. The amounts are updated in the statewide automated eligibility system and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services website: http://emanuals.jfs.ohio.gov.

(A) What are the types of resources?

There are two types of resources:

(1) Liquid resources: cash on hand, money in checking or savings accounts, savings certificates, stocks or bonds, and lump-sum payments as specified in rule 5101:4-4-07 of the Administrative Code.

(2) Non liquid resources: personal property, buildings, land, recreational properties, and any other property such as boats, vacation homes, and mobile homes provided that these resources are not specifically excluded under rule 5101:4-4-03 of the Administrative Code. The value of nonexempt resources shall be the equity value. The equity value is the fair market value less encumbrances.

(B) Are resources required to be documented and verified?

(1) Resources shall be documented for all assistance groups. During the interview, the county agency shall review with the applicant the resources reported as well as the possibility of unreported resources.

(2) When an assistance group is not categorically eligible, the county agency shall verify resource information when the information is questionable and may affect the assistance group's eligibility and/or benefit level. To be questionable, information on the application must be inconsistent with statements made by the applicant, other information on the application or a previous application, or with information received by the county agency.

For assistance groups containing sponsored aliens as defined in rule 5101:4-6-31 of the Administrative Code, resources shall also include that portion of the resources of an alien's sponsor and the sponsor's spouse (when living with the sponsor) that has been deemed to be the alien's in accordance with the procedure established in rule 5101:4-6-31 of the Administrative Code, unless the sponsored alien is otherwise exempt from this provision in accordance with rule 5101:4-6-31 of the Administrative Code.

Last updated December 1, 2023 at 9:43 AM

History

Effective: December 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-03 Food assistance: exempt resources.

(A) Which resources are exempt?

The following resources are exempt:

(1) Home and surrounding property.

(a) The home and surrounding property that is not separated from the home by intervening property owned by others is considered part of the home that is an exempt resource. Public rights of way, such as roads that run through the surrounding property and separate it from the home, will not affect the exemption of the property. The home and surrounding property continue to be an exempt resource even when a portion of the surrounding property is income-producing.

(b) The home and surrounding property shall remain exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, or uninhabitability caused by casualty or natural disaster when the assistance group intends to return.

(c) An assistance group that currently does not own a home, but owns or is purchasing a lot on which it intends to build or is building a permanent home, shall receive an exemption for the value of the lot and, when it is partially completed, for the home.

(2) Household and personal goods.

(3) Cash value of a life insurance policy.

(4) One burial plot per assistance group member.

(5) The value of one revocable funeral agreement per assistance group member.

(6) Vehicles in accordance with Ohio's temporary assistance for needy families (TANF) plan as permitted by the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act of 2001, Pub. L. No. 106-387, (10/2000).

(7) Income-producing property.

(a) Income producing property is:

(i) Property that annually produces income consistent with its fair market value, even when only used on a seasonal basis: such property shall include rental homes and vacation homes (when income producing);

(ii) Property, such as farm land or work-related equipment, such as the tools of a tradesman or the machinery of a farmer, that is essential to the employment or self-employment of an assistance group member. Property essential to the self-employment of an assistance group member engaged in farming shall continue to be exempt for one year from the date the assistance group member terminates the member's self-employment from farming;

(iii) Installment contracts for the sale of land or buildings when the contract or agreement is producing income consistent with its fair market value. The value of the property sold under contract or held as security in exchange for a purchase price consistent with the fair market value of that property is also exempt.

(8) Property, real or personal, to the extent that it is directly related to the use and maintenance of vehicles that are annually producing income consistent with its fair market value, or necessary for long distance travel, other than daily commuting, that is essential to the employment of an assistance group member. Only the portion of real property determined necessary for maintenance or for use of the vehicle is exempt under this rule.

(9) Inaccessible resources: resources are exempt when the cash value is not accessible to the assistance group such as, but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate, and real property that the assistance group is making a good faith effort to sell at a reasonable price and has not been sold. The county agency may verify that the property is for sale and that the assistance group has not declined a reasonable offer. Verification may be obtained through a collateral contact or documentation, such as an advertisement for public sale in a newspaper of general circulation or a listing with a real estate broker. Resources shall be considered inaccessible to the assistance group as long as they were truly unknown to the assistance group. At the point the assistance group discovers or is made aware of the resources that are legally available to the assistance group, the resources must be counted in determining the assistance group's eligibility for supplemental nutrition assistance program (SNAP).

(10) Any funds in a trust or transferred to a trust, and the income produced by that trust, shall be considered inaccessible to the assistance group when:

(a) The trust is under the control and management of an institution, corporation, or organization (the trustee) that is not under the direction or ownership of any assistance group member, or an individual appointed by the court who has court-imposed limitations placed on his or her use of the funds that meet the requirements of this paragraph;

(b) The funds held in irrevocable trust are either: established from the assistance group's own funds, when the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the assistance group creating the trust; or established from non assistance group funds by a non assistance group member;

(c) The trust investments do not directly involve or assist any business or corporation under the control or influence of an assistance group member;

(d) The trust arrangement will not likely cease during the certification period; and

(e) No assistance group member has the power to revoke the trust arrangements or change the name of the beneficiary during the certification period.

(f) Section 4717.36 of the Revised Code allows prepaid (prearranged or pre-need) burial contracts to establish burial accounts as irrevocable trust funds. A "prepaid burial contract" is an agreement among the recipient, the financial institution, and the funeral director. The agreement directs the financial institution to deliver to the funeral director, upon the recipient's death, the funds from a designated payable-on-death account that is on deposit at the financial institution.

(11) Earmarked resources: this includes any governmental payments that are designated for the restoration of the home that has been damaged in a disaster, when the assistance group is subject to a legal sanction when the funds are not used as intended. Examples of payments are those made by the department of housing and urban development through individual and family grant program or disaster loans or grants made by the small business administration.

(12) Resources that have been prorated and counted as income.

(13) Indian lands held jointly with the tribe, or land that can be sold only with the approval of the department of interior's bureau of Indian affairs.

(14) Energy assistance payments or allowances exempt as income under rule 5101:4-4-13 of the Administrative Code.

(15) Non-liquid assets against a lien that has been placed as a result of taking out a business loan and the assistance group is prohibited by the security or lien agreement with the lien holder (creditor) from selling the assets.

(16) A non-liquid resource that the assistance group is unable to sell for a return of at least one thousand five hundred dollars shall be exempt. This paragraph does not apply to financial instruments such as stocks, bonds, and negotiable financial instruments. An assistance group shall not divide a single resource for the purpose lessoning the return and causing the resource to be exempt. Any dividing of property solely to obtain an exemption under this paragraph shall be subject to the transfer of resources provisions as defined in rule 5101:4-4-09 of the Administrative Code.

(17) Individual development accounts regardless of their funding source.

(B) How are commingled exempt resources handled?

(1) Exempt resources that are kept in a separate account that are not commingled with other non-exempt resources shall retain their resource exemption for an unlimited period of time.

(2) The resources of students and self-employed assistance groups that are exempt and are commingled with non-exempt funds shall retain their exemption for the period of time that they have been prorated as income.

(3) All other exempt resources that are commingled with non-exempt funds shall retain their exemption for six months from the date of commingling. After six months from the date of commingling, all funds in the commingled account shall be counted as a resource.

Last updated December 1, 2023 at 9:43 AM

History

Effective: December 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-03.3 Food assistance: resources excluded by law.

Resources are exempt when excluded for supplemental nutrition assistance program (SNAP) purposes by express provision of federal statute or court decision. Where an exclusion applies because of use of a resource by or for an assistance group member, the exclusion shall also apply when the resource is being used by or for an ineligible or disqualified person whose resources are being counted as part of the assistance group's resources. The following is a listing of some of the resources excluded by federal statute. The listing is divided into general resource exclusions and exclusions applicable to resources of American Indians or Alaska Natives.

(A) What are the general exclusions?

(1) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program, Pub. L. No. 79-396, (6/1946) section 12(e) of the National School Lunch Act of 1946.

(2) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966) of the Child Nutrition Act of 1966, section 11(b).

(3) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, (1/1971) section 216.

(4) Benefits received from the special supplemental food program for women, infants and children (WIC), Pub. L. No. 92- 433, (1/1972) section 9.

(5) Payments received under section 321(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 110-246 (6/2008). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as a resource for SNAP purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, that the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance for which the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency are not excluded under this provision.

(6) Payments received under the Low-Income Home Energy Assistance Act, Pub. L. No. 99-425, (9/1986) section 504 (e).

(7) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof islands and the Aleutian islands west of Unimak island, Pub. L. No. 100-383, (8/1988) section 105 (f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(8) Coupons that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, which amended section 17(m)(1) of the Child Nutrition Act of 1966.

(9) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) that are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by Aetna insurance company. The Omnibus Budget Reconciliation Act of 1989 excludes these payments. Pub. L. No. 102-4, (2/1991), Agent Orange Act of 1991, authorized veterans' benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These payments are not excluded by law.

(10) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2).

(11) Federal tax refunds received after December 1, 2009 are excluded for twelve months following the receipt of the refund under The American Taxpayer Relief Act, of 2012 Pub.L. No.112-240 (1/2013).

(12) Any federal, state and local earned income tax credits received either as a lump sum or as payments under section 3507 of the Internal Revenue Code (12/1994) shall be excluded for twelve months following receipt.

(13) The resources of an assistance group member who receives supplemental security income (SSI) benefits or public assistance benefits. An assistance group member is considered a recipient of these benefits when the benefits have been authorized but not received, when the benefits are suspended or recouped, or when the benefits are not paid because they are less than a minimum amount. For purposes of this paragraph, when an individual receives or is authorized to receive prevention, retention, and contingency (PRC) benefits or services as specified in paragraph (C)(2) of rule 5101:4-2-02 of the Administrative Code, the county agency shall consider the PRC assistance to benefit all members of the assistance group and therefore, the resources of all of the members of the assistance group shall be excluded. Individuals entitled to medicaid benefits only are not considered recipients of SSI or public assistance, Pub. L. No. 102-237, (12/1991), effective February 1, 1992.

(14) All student financial assistance received under Title IV (including assistance funded in part under Title IV) or part E of Title XIII of the Higher Education Act of 1965, or under bureau of Indian affairs student assistance programs pursuant to section 479(b) and section 1343(c) of Pub. L. No. 102-325, (7/1992) and educational assistance received by a student under section 507 of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, Pub. L. No. 101-392, (9/1990) that is made available for tuition, mandatory fees, books, supplies, transportation, dependent care, and miscellaneous personal expenses. All educational accounts described in section 529, (qualified tuition programs) and section 530 (coverdell education savings accounts) of the Internal Revenue Code of 1986, Pub. L. No. 110-246, (6/2008).

(15) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (8/1994).

(16) Pub. L. No. 103-322, (9/1994) section 230202, amended section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that, "(e) Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (a) such crime victim compensation program shall not pay that compensation; and (b) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program shall be excluded from resources for SNAP purposes.

(17) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (9/1996) section 1805(d), to a child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(18) Housing and urban development (HUD) retroactive tax and utility costs subsidy payments issued pursuant to the settlement of Underwood v. Harris (Civil no. 76-0469, D.D.C.) (1/1978) against HUD, for the month in which payment was received and for the following month.

(19) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (5/2019).

(20) Disaster relief employment income received from national emergency grants under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (7/2014) section 181(a)(2).

(21) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(22) All pensions, tax-preferred retirement plans, contracts or accounts, including but not limited to, those described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b) and 501(c)(18) of the Internal Revenue Code of 1986 and the value of funds in a "Federal Thrift Savings Plan" account as provided for in 5 U.S.C. 8439 (12/2014). Pub. L. No. 113-255, also provides for the exclusion of any successor retirement accounts that are exempt from federal taxes.

(23) Filipino veterans equity compensation fund payments under the American Recovery and Reinvestment Act of 2009 (February 17, 2009, Pub. L. No. 111-5) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(B) What payments made to American Indians or Alaska Natives are excluded by law?

A list of funds provided to American Indians or Alaska Natives that are excluded by law can be found at:

https://fns-prod.azureedge.net/sites/default/files/resource-files/ExcludedNativeAmericanFunds_2018.pdf

Last updated September 16, 2026 at 2:11 PM

History

Effective: December 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-07 Food assistance: special resource situations.

(A) How are jointly owned resources counted?

(1) Resources owned jointly by separate assistance groups shall be considered available in their entirety to each assistance group, unless the assistance group can demonstrate that the resources are inaccessible to the applicant assistance group. When the assistance group can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the assistance group's resource level. The resource shall be considered totally inaccessible to the assistance group when the resources cannot be practically subdivided and the assistance group's access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply.

(2) For purposes of this provision, ineligible aliens or disqualified individuals residing with the assistance group shall be considered assistance group members; non assistance group members shall be considered separate from other assistance group members.

(3) Resources shall be considered inaccessible to persons residing in shelters for battered persons and children when the resources are jointly owned by such persons and by members of their former assistance group and the shelter resident's access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former assistance group.

(B) How are nonrecurring lump-sum payments treated?

(1) A nonrecurring lump-sum payment, money received at one time that is not expected to reoccur, or payments that are not related to any time period such as death benefits or inheritance, shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(2) Upon obtaining information that an assistance group has received a nonrecurring lump-sum payment, the county agency shall review the case file in order to determine when the amount received in addition to the amount of resources listed on the application will exceed the resource limit for the particular assistance group. When the amount does not exceed the limitation, the case file is noted to document the information received. No further action is required unless the assistance group must be notified in accordance with the procedures for a reported change. When the total amount exceeds the allowable resource limitation, the assistance group must be notified and given an opportunity to update its entire resource statement. When it declines to do so or the amount of resources still exceeds the limit, the county agency shall take action to terminate the assistance group's supplemental nutrition assistance program benefits.

Last updated December 1, 2023 at 9:44 AM

History

Effective: December 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-09 Food assistance: transfer of resources.

(A) When does the county agency ask the assistance group about resources?

This rule applies to assistance groups with a member who:

(1) Is disqualified for an intentional program violation in accordance with division 5101:6 of the Administrative Code;

(2) Is ineligible because of a failure to comply with requirements of rules 5101:4-3-11.1, 5101:4-3-19 and 5101:4-3-09 of the Administrative Code;

(3) In accordance with rule 5101:4-2-03 of the Administrative Code, is ineligible because of the following:

(a) Violating a condition of probation or parole:

(b) Fleeing to avoid prosecution, custody, or confinement; or

(4) Has previously been disqualified due to substantial lottery or gambling winnings and has not regained eligibility as described in rule 5101:4-6-32 of the Administrative Code.

When one of the these circumstances exist, the county agency shall ask the assistance group to provide information regarding resources any assistance group member (or ineligible alien or disqualified person whose resources are being considered available to the assistance group) has transferred within the three-month period immediately preceding the date of application or recertification. The county agency must determine if the transfer of resources was appropriate. When it is determined it was an inappropriate transfer of resources, the assistance group may be disqualified for supplemental nutrition assistance program (SNAP) benefits.

(B) How does the county agency determine an inappropriate transfer?

(1) Assistance groups that have transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits shall be disqualified from participation in the program for up to one year from the date of the discovery of the transfer.

(2) The appropriate disqualification period, as described in paragraph (D) of this rule, shall be applied when the resources are transferred knowingly in the three-month period prior to application or when they are transferred knowingly after the assistance group is determined eligible for benefits. Example: assets the assistance group acquires after being certified for benefits that are transferred to prevent the assistance group from exceeding the maximum resource limit.

(1) Resources consisting of excluded personal property such as furniture or money that, when added to other nonexempt assistance group resources, totaled less than the allowable resource limit at the time of the transfer;

(2) Resources sold or traded at or near fair market value;

(3) Resources that are transferred between members of the same assistance group (including ineligible aliens or disqualified persons whose resources are being considered available to the assistance group); and

(4) Resources that are transferred for reasons other than qualifying or attempting to qualify for SNAP benefits. Example: a parent placing funds into an educational trust fund for a dependent child.

(D) How is the disqualification period determined?

To calculate the total resources for the assistance group, start with the amount of the nonexempt transferred resources added to the other countable resources. The amount that exceeds the resource limit is the amount used to determine the length of the disqualification period:

(1) $0.01 - $249.99 disqualified for one month;

(2) $250.00 - $999.99 disqualified for three months;

(3) $1000.00 - $2999.99 disqualified for six months;

(4) $3000.00 - $4999.99 disqualified for nine months; and

(5) $5000.00 and up disqualified for twelve months.

(E) How is the assistance group notified of the disqualification?

(1) After the county agency has explored, verified and determined that the assistance group has knowingly transferred resources for the purpose of qualifying or attempting to qualify for SNAP benefits during the application processing period, the county agency shall send the assistance group a notice of denial explaining the reason for and the length of the disqualification. The period of disqualification shall begin in the month of application.

(2) When the assistance group has been participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be sent. The period of disqualification shall be sent effective with the first allotment issued after the adverse notice period has expired, unless the assistance group requested a fair hearing and continued benefits.

Last updated December 1, 2021 at 9:11 AM

History

Effective: December 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-11 Food assistance: income standards.

(A) The income eligibility standards for the supplemental nutrition assistance program (SNAP) are issued through a food assistance change transmittal, which can be found in the food assistance certification handbook at the Ohio department of job and family services (ODJFS) website. The standards are adjusted annually on October first.

(B) "Assistance group (AG) income" shall mean all countable income from whatever source as defined in rule 5101:4-4-19 of the Administrative Code excluding only the income specified in rule 5101:4-4-13 of the Administrative Code. The income that is received over the proposed certification period is compared to the maximum monthly income standard for the AG size to determine SNAP eligibility. When the AG's income is greater than the monthly income standard, the AG is ineligible for SNAP.

Last updated April 1, 2026 at 8:20 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-13 Food assistance: types of excluded income.

The following payments shall be excluded as income for supplemental nutrition assistance program (SNAP):

(A) Any gain or benefit that is not in the form of money payable directly to the assistance group (AG) including in-kind benefits. In-kind benefits are those for which no monetary payment is made on behalf of the AG and include meals, clothing, public housing, or produce from a garden.

(B) Payments made to a third party on behalf of the AG are included or excluded as income as follows:

(1) Public assistance vendor payments are counted as income unless they are made for medical assistance, child care assistance, energy assistance as defined in paragraph (I)(4) of this rule, emergency assistance (including, but not limited to housing and transportation payments) for migrant or seasonal farm worker AGs while they are in the job stream, or housing assistance payments made through a state or local housing authority.

(2) Public assistance provided to a third party on behalf of an AG that is not specifically excluded from consideration as income under paragraph (B)(1) of this rule shall be considered for exclusion under the emergency and special assistance category. To be considered emergency or special assistance and excluded, the assistance must be provided over and above the normal public assistance payment or cannot normally be provided as part of such payment.

(3) Reimbursements made in the form of vendor payments, monetary payments made on behalf of an AG by a person or organization outside of the AG directly to either the AG's creditors or to a person or organization providing a service to the AG, are excluded on the same basis as reimbursements paid directly to the AG in accordance with paragraph (E) of this rule.

(4) In-kind or vendor payments that would normally be excluded as income but are converted in whole or in part to a direct cash payment under a federally authorized demonstration project or waiver shall be excluded from income.

(5) Rent or mortgage payments made to landlords or mortgages by the department of housing and urban development (HUD) are excluded.

(6) Monies that are legally obligated and otherwise payable to the AG, but are diverted by the provider of the payment to a third party for a household expense, shall be counted as income and not excluded. When a person or organization makes a payment to a third party on behalf of an AG using funds that are not owed to the AG, the payment shall be excluded from income.

(C) The county agency shall exclude any income that is specifically excluded by any other federal statute from consideration as income for the purpose of determining eligibility for SNAP. The following is a listing of some of the incomes excluded by federal statute. The listing is divided into general income exclusions and exclusions applicable to incomes of American Indians or Alaska natives.

(1) General exclusions

(a) Income of a supplemental security income (SSI) recipient determined necessary for the fulfillment of a plan for achieving self-support (PASS) that has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act of 1935. This income may be spent in accordance with an approved PASS or deposited into a PASS savings account for future use.

(b) Federal emergency management assistance housing subsidies to pay for temporary housing required as a result of a disaster and individual and family grant assistance payments made under the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988 by Pub. L. No. 100-707, (11/1988).

(c) Assistance provided to children under the school lunch program, the summer food service program for children, the commodity distribution program and child and adult care food program (CACFP), Pub. L. No. 79-396, (06/1946), section 12(e) of the National School Lunch Act of 1946, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975), as amended by Pub. L. No. 116-94 (12/2019).

(d) Assistance provided to children under the special milk program, special supplemental food program for women, infants, and children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966), the Child Nutrition Act of 1966, section 11(b).

(e) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. No. 91-646, section 216 (1/1971).

(f) Pub. L. No. 93-113, (10/1973), of the Domestic Volunteer Services Act of 1973, Titles I and II, as amended by Pub. L. No. 113-128. Payments under Title I of the act (including such Title I programs as volunteers in service to americorps (VISTA), university year for action, and urban crime prevention program) to volunteers shall be excluded for those individuals receiving SNAP or public assistance at the time they joined the Title I program, except AGs that were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food and Nutrition Act of 2008 shall continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.

Temporary interruptions in SNAP participation shall not alter the exclusion once an initial determination has been made. New applicants who were not receiving public assistance or SNAP at the time they joined VISTA shall have these volunteer payments included as earned income. Any payment to volunteers under Title II (retired senior volunteer program, foster grandparents, senior companion program and others) are excluded from income.

(g) Payments received under section 312(d), the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as income for SNAP purposes. This exclusion applies to federal assistance provided to persons directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. A "major disaster" is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, that the president of the United States determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. An "emergency" is any occasion or instance that the president of the United States determines that federal assistance is needed to supplant state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Most, but not all, federal emergency management assistance funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.

(h) Payments to U.S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof islands and the Aleutian islands west of Unimak island, Pub. L. No. 100-383, (8/1988), section 105(f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.

(i) Income received (including reimbursements) by individuals participating in programs under the Workforce Investment Act (WIA) of 1998, section 181 (a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014) except as provided in rule 5101:4-4-19 of the Administrative Code. This includes disaster relief employment income received from national emergency grants under the WIA, Pub. L. No. 105-220, (8/1998) section 181(a)(2), as amended by Pub. L. No. 113-128, the Workforce Innovation and Opportunity Act (WIOA), (7/2014).

(j) Any amount by which the basic pay of an individual is reduced and reverted to the treasury shall not be considered to have been received by or to be within the control of such individual, Pub. L. No. 99-576,(10/1986) section 303(a)(1), Veteran's Benefits Improvement and Health Care Authorization Act of 1986, that amends section 1411(b) and 1412(c) of the Veteran's Educational Act of 1984 - GI bill.

(k) Funds received by persons fifty-five and older under the senior community service employment program under Title V of the Older Americans Act of 1987 are excluded from income, Pub. L. No. 109-365, (10/2006). The organizations that receive some Title V funds are as follows: experience works; national council on aging; national council of senior citizens; American association of retired persons; United States forest service; national association for Spanish speaking elderly; national urban league; and the national council on black aging.

(l) Cash donations based on need received on or after February 1, 1988 from one or more private nonprofit charitable organizations, but not to exceed three hundred dollars in a federal fiscal year quarter. Charitable Assistance and Food Bank Act of 1987, Pub. L. No. 100-232, (1/1988).

(m) SNAP benefits that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, that amended section 17(m)(7) of the Child Nutrition Act of 1966.

(n) Payments made from the Agent Orange settlement fund, Pub. L. No. 101-201, (12/1989), or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)(1/1989) that are received on or after January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by aetna insurance company. The Omnibus Budget Reconciliation Act of 1989, Pub. L. No. 101-239, (12/1989), also excludes these payments. Pub. L. No. 102-4, (2/1991), Agent Orange Act of 1991, authorized veteran's benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law.

(o) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2), as amended by Pub. L. No. 106-245 (7/2000).

(p) The Omnibus Budget Reconciliation Act of 1990, Title XI revenue provisions, section 11111, modifications of earned income tax credit, subsection (b) provides that any federal earned income tax credit shall not be treated as income effective with taxable years beginning after December 31, 1990, Pub. L. No. 101-508, (11/1990).

(q) Pub. L. No. 101-610, (11/1990), National and Community Service Act (NCSA) of 1990, section 177(d), applies to projects conducted under Title I of the NCSA. Title I includes three acts: (i) Serve-America: the Community Service, Schools and Service-Learning Act of 1990, (ii) the American Conservation and Youth Service Corps Act of 1990, and (iii) the National and Community Service Act.

There are about forty-seven different NCSA programs, and they vary by state. Most of the payments are made as a weekly stipend or for educational assistance. The higher education service-learning program and the americorps umbrella program come under this title. The national civilian community corps (NCCC) is a federally managed americorps program. The summer for safety program is an americorps program; under which participants earn a stipend and a one thousand-dollar postservice educational award. The Serve America Act, Pub. L. No. 111-13, (4/2009), amended the National and Community Services Act of 1990 but it did not change the exclusion. All americorps payments shall be excluded.

(r) All student financial assistance, including grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veteran's educational benefits, and the like, that are awarded to an AG member enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, in a vocational or technical school, or in a program that provides for obtaining a secondary school diploma or the equivalent of a secondary school diploma shall be excluded from consideration as income for SNAP purposes.

Educational income excluded for dependent care costs shall not be deducted from income under the provisions of rule 5101:4-4-23 of the Administrative Code. Dependent care costs incurred that exceed the amount excluded under the provisions of this paragraph shall be deducted from income in accordance with rule 5101:4-4-23 of the Administrative Code.

(s) Payments made under the youthbuild program under the Housing and Community Development Act of 1992, Pub. L. No. 102-550, (10/1992). The youthbuild program transferred from the United States department of housing and urban development to the department of labor with the passage of the Youthbuild Transfer Act of 2006, Pub. L. No. 109-281, (9/2006), that amended the Workforce Innovation and Opportunity Act (WIOA) of 1998. These payments are to be treated like WIOA payments in accordance with paragraph (C)(1)(i) of this rule, except as provided in rule 5101:4-4-19 of the Administrative Code.

(t) Payments from any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care), Pub. L. No. 102-586, (11/1992) section 8, that amended the Child Care and Development Block Grant Act Amendments of 1992 by adding section 658S.

(u) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (8/1994).

(v) Pub. L. No. 103-322, (9/1994) section 230202, amended section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that, "(e) Notwithstanding any other law, when the compensation paid by an eligible crime victim compensation program would cover costs that a federal program, or a federally financed state or local program, would otherwise pay, (i) such crime victim compensation program shall not pay that compensation; and (ii) the other program shall make its payments without regard to the existence of the crime victim compensation program." Based on this language, payments received under this program shall be excluded from income for SNAP purposes.

(w) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (9/1996) section 1805(d), as amended by Pub. L. No. 106-419, (11/2000), to a child of a Vietnam veteran for any disability resulting from spina bifida and certain other birth defects suffered by such child. A monthly allowance from two hundred to one thousand two hundred dollars is paid to a child under this public law.

(x) Combat-related pay received by a service member of the United States armed forces (under the Consolidated Appropriations Bill, 2008, Pub. L. No. 110-161, (12/2007)) and basic military pay not made available to the AG while the service member is on deployment to a designated combat zone.

(i) Pay is considered combat-related when:

(a) Received in addition to the service member's basic pay;

(b) Received as a result of the service member's deployment to, or service in an area designated as a combat zone as determined pursuant to executive order or public law; and

(c) Not received by the service member prior to the service member's deployment to or service in a federally-designated combat zone.

(ii) Basic military pay is considered available to the AG as follows:

(a) When the service member was part of the AG for SNAP purposes prior to the deployment to a designated combat zone, this amount would be his or her net military pay.

(b) When the service member was not part of the AG for SNAP purposes prior to the deployment to a designated combat zone, this amount is the amount the absent service member actually made available to the AG prior to deployment to the designated combat zone.

(y) Disaster unemployment assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a major disaster.

(z) Filipino veterans equity compensation funds payments under the American Recovery and Reinvestment Act of 2009 (2/2009, Pub. L. No. 111-5) made to certain veterans, or surviving spouses of veterans, who served in the military of the government of the commonwealth of the Philippines during World War II.

(aa) Any aid, services, or incentives provided to an eligible beneficiary participating in programs funded by the health profession opportunity grants (HPOG) under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, (3/2010).

(2) Payments made to American Indians or Alaska natives that are excluded by law. A list of funds provided to American Indians or Alaska natives that are excluded by law can be found at:

https://www.fns.usda.gov/fdpir/funds-provided-excluded

(D) All loans, including loans from private individuals as well as commercial institutions, are excluded as income. Educational loans on which repayment is deferred shall be excluded pursuant to the provisions in paragraph (C)(1)(r) of this rule.

(E) Reimbursements for past or future expenses are excluded to the extent they do not exceed actual expenses and do not represent a gain or benefit to the AG. No portion of benefits provided under Title IV-A of the Social Security Act of 1935, to the extent such benefits are attributed to adjustment for work-related or child care expenses shall be considered excludable under this paragraph.

(1) When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses. Reimbursements for normal living expenses of the AG, such as rent or mortgage, personal clothing, or food eaten at home, are a gain or benefit and therefore are not excluded. To be excluded, these payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.

(2) The amount by which a reimbursement exceeds the actual incurred expense shall be counted as income. However, reimbursements shall not be considered to exceed the actual expenses, unless the provider or the AG indicates the amount is excessive.

(F) Monies received and used for the care and maintenance of a third-party beneficiary who is not an AG member. When the intended beneficiaries of a single payment are both AG and non-AG members, any identifiable portion of the payment intended and used for the care and maintenance of the non-AG member shall be excluded. When the non-AG member's portion cannot be readily identified, the payment shall be evenly prorated among intended beneficiaries and the exclusion applied to the non-AG member's pro rata share or the amount actually used for the non-AG member's care and maintenance, whichever is less.

(G) The earned income of any AG members who live with a natural, adoptive, or stepparent, or under the parental control of an AG member other than a parent, who are elementary or secondary school students, and who are seventeen years of age or younger. For purposes of this provision, an "elementary or secondary school student" is someone who attends classes to obtain a general equivalency diploma (GED) that are recognized, operated, or supervised by the student's state or local school district. The provision also applies to a student who attends elementary or secondary classes through a home-school program recognized or supervised by the student's state or local school district. This income is excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break. When the child's earnings or the amount of work performed cannot be differentiated from that of other AG members, the total earnings shall be prorated equally among the working members and the child's pro rata share excluded. Individuals are considered children for this exclusion when they are under the parental control of another AG member. When an AG contains a student whose income is excluded and the student turns eighteen during the month of application, the student's earnings shall be excluded in the month of application and counted in the following month(s). When the student turns eighteen during the certification period, the student's income shall be excluded until the month following the month the student turns eighteen.

(H) Money received in the form of a nonrecurring lump-sum payment, including, but not limited to, income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, public assistance, railroad retirement pension, the learning, earning and parenting (LEAP) program enrollment bonus payment, or other payment; retroactive lump-sum insurance settlements; refunds of security deposits on rental property or utilities; medical loss ratio rebates afforded under the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (3/2010); or prevention, retention and contingency (PRC) payments made to divert an AG from becoming dependent on cash assistance when the payment is not defined as assistance. Temporary assistance for needy families (TANF) non-recurrent, short term benefits are defined in 45 C.F.R. 260.31(b)(1) (revised October 1, 2001). These payments shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(I) Miscellaneous income exclusions.

(1) Irregular income

Any income in the certification period that is acquired too infrequently or irregularly to be reasonably anticipated, but not in excess of thirty dollars in a quarter.

(2) Costs of self-employment

The cost of producing self-employment income. See rule 5101:4-6-11 of the Administrative Code for the procedures on computing the cost of producing self-employment income.

(3) Income from ineligible AG members

The prorated share of earned or unearned income of an ineligible AG member in accordance with rule 5101:4-6-13 of the Administrative Code.

(4) Energy assistance, as follows:

(a) Any payments or allowances made for the purpose of providing energy assistance under any federal law other than part A of Title IV of the Social Security Act of 1935 (42 U.S.C. 601), including utility reimbursements made by HUD and the rural housing service;

(b) A one-time payment or allowance applied for on an as-needed basis and made under a federal or state law for the costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device. A down payment followed by a final payment upon completion of the work will be considered a one-time payment for purposes of this provision;

(c) Any third-party energy assistance payment in which no assistance is provided directly to the AG in the form of a cash payment; or

(d) Any third-party payment provided by state law for an AG with an elderly or disabled member.

(5) Blood and blood plasma sales

Any income that is acquired from the sale of blood or blood plasma.

(6) Garage sales

Any income that is acquired from garage sales.

(7) Interest income

Any interest income from savings or other financial accounts.

(8) Bingo winnings

Any income from bingo winnings.

(J) Certain payments from the child and adult care food program

That portion of payments from the child and adult care food program to AGs providing child care services intended for the provider's own children's meals. See rule 5101:4-4-19 of the Administrative Code for treatment of that portion of child and adult care food program payments intended for providing services to children other than the provider's own.

(K) Payments that are not considered income.

(1) Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source that are voluntarily or involuntarily returned to repay a prior overpayment received from the income source, provided that the overpayment is not otherwise excluded. However, monies withheld from assistance from a federal, state, or local means-tested program (for example, Ohio works first (OWF)) due to the AG's failure to perform an action required under these programs, shall be included as income in accordance with rule 5101:4-6-16 of the Administrative Code.

(2) Child support payments received by OWF recipients that must be transferred to the agency administering Title IV-D of the Social Security Act of 1935 to maintain OWF eligibility.

(3) Governmental or court-ordered foster care payments, guardianship payments, or kinship support payments received by AGs with individuals who are considered to be boarders in accordance with rules 5101:4-2-03 and 5101:4-6-03 of the Administrative Code.

(4) In accordance with 7 C.F.R 273.9 (5/2015), any payment made to an employment and training participant under 7 C.F.R 273.7 (5/2015) for costs that are reasonably necessary and directly related to participation in the employment and training program are excluded income. These costs include, but are not limited to, dependent care costs, transportation, other expenses related to work, training or education, such as uniforms, personal safety items or the other necessary equipment, and books or training manuals. These costs are to not include the cost of meals away from home.

Last updated April 1, 2026 at 8:41 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-19 Food assistance: countable income.

(A) What is countable income?

Countable income is earned income minus the twenty per cent earned income deduction as described in rule 5101:4-4-23 of the Administrative Code plus any unearned income. Types of excluded income are listed in rule 5101:4-4-13 of the Administrative Code.

(B) What is earned income?

Earned income includes:

(1) All wages and salaries of an employee including:

(a) Garnished or diverted payments from wages; and

(b) The gross amount of sick pay, without any deductions for taxes and other work expenses, when the payee is a current employee of the payer.

(2) Self-employment income:

(a) Gross income from a self-employment enterprise.

(b) Income from the sale of any capital goods or equipment related to the business. Any allowable business expense paid from this income would be deducted from this income.

(c) Income from rental property minus the cost of doing business when a member of the assistance group (AG) is actively engaged in management of the property for at least an average of twenty hours per week.

(d) Payments from a roomer or boarder, except a boarder for whom foster care, guardianship, or kinship support payments are received.

(e) Payments for daycare or from the child and adult care food program (CACFP) to AGs providing child care services minus the cost of meals provided to individuals. The county agency may elect one of the following methods of determining the cost of meals provided to the individuals:

(i) Actual documented costs of meals;

(ii) Fifty per cent of the gross earnings from day care; or

(iii) The current reimbursement amount used in the child and adult care food program.

(f) The portion of the child and adult care food program payments intended for the provider's own children is exempt as income.

(3) Training allowances

Training allowances from vocational and rehabilitative programs sponsored by federal, state, or local governments. Countable earned income does not include an allowance to reimburse an AG member for money already spent and does not represent a gain to the AG member.

(4) Americorps volunteers in service to America (VISTA) income

Payments under Title I (VISTA) of the Domestic Volunteer Service Act of 1973 Pub. L. 43-113 (1973) as amended through P.L. 113-128 (7/2014), shall be considered earned income and subject to the earned income deduction unless the individual was receiving supplemental nutrition assistance program (SNAP) or public assistance at the time they joined the Title I program as described in rule 5101:4-4-13 of the Administrative Code.

(5) On the-job-training under WIOA

Earnings to individuals who are participating in on-the-job training programs under Title I section 129 of WIOA of 2014. Countable income does not include on-the-job training earnings to AG members under nineteen years of age who are under the parental control of another adult member, regardless of school attendance and/or enrollment.

Unearned income includes:

(1) Basic assistance payments from federal or federally-aided public assistance programs that are needs-based:

(a) Ohio works first (OWF). This includes income such as the attendance bonus payment for teenage parents who return to or remain in school under the learning, earning and parenting (LEAP) program; and

(b) Supplemental security income (SSI).

(2) Annuities, pensions, retirement, veterans' or disability benefits (all before taxes), workers' or unemployment compensation, retirement, survivors and disability insurance (RSDI) (before medicare deductions), strike benefits.

(3) The following payments are to be counted when the individual is considered a member of the AG:

(a) Foster care payments for children or adults;

(b) Guardianship payments for children as defined in rule 5101:4-1-03 of the Administrative Code;

(d) State kinship guardianship assistance program payments as described in rule 5180:2-56-01 of the Administrative Code when the child is not in receipt of OWF.

(4) State kinship guardianship assistance program payments as described in rule 5180:2-56-01 of the Administrative Code when the child is in receipt of OWF.

(5) Federal kinship guardianship assistance program payments as described in 42 U.S.C. 673 (1/2018) and 42 U.S.C. 675 (1/2018).

(6) Support and alimony payments made directly to the AG from non- AG members.

(7) Payments from government sponsored programs, dividends, royalties, and all other direct money payments from any source that can be defined as a gain or benefit, including certain vendor payments.

(8) The unearned income or the earned income of an ineligible individual excluded from the AG as provided in rule 5101:4-6-13 of the Administrative Code.

(9) Gross income from rental property minus the cost of doing business when an AG member is not actively engaged in management of the property at least twenty hours a week.

(10) Any payment made directly to the AG shall be counted as income except for energy assistance payments specified in rule 5101:4-4-13 of the Administrative Code. If the payment is not made on a monthly basis, the county agency shall prorate it over the period it is intended to cover.

(11) Sick pay when the payee is not a current employee of the payer, such as from insurance. The gross amount, without any deductions for taxes and any other work expenses.

(12) Termination or severance pay is to be counted as income unless the payment is received as a one time payment that is not intended to cover a period of time. When the payment is received as a one time payment not intended to cover a period of time it is treated in accordance with rule 5101:4-4-13 of the Administrative Code.

(D) When an AG contains a sponsored alien, the income of the sponsor and the sponsor's spouse must be deemed in accordance with procedures established in rule 5101:4-6-31 of the Administrative Code.

(E) After establishing an AG's countable income allowable deductions must be considered pursuant to rule 5101:4-4-23 of the Administrative Code.

Last updated July 1, 2026 at 8:12 AM

History

Effective: July 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-23 Deductions from income.

A deduction is considered in the month the expense is billed or otherwise becomes due. Deductions from income are to be verified in accordance with rule 5101:4-2-09 of the Administrative Code.

(A) What deductions are an assistance group (AG) allowed to receive?

(1) Gross earned income deduction: twenty per cent deduction of gross earned income. No additional deductions (i.e., taxes, pensions, union dues, and the like) except for costs of self-employment, are allowed from earned income. Excluded earned income is not subject to this deduction. The earned income of a disqualified member is subject to this deduction.

(2) Standard deduction: each AG, regardless of its income, receives the corresponding standard deduction for the AG size. In accordance with 7 C.F.R 273.9 (as in effect on the effective date of this rule), the United States department of agriculture (USDA) food nutrition service (FNS) determines the amount of the standard deduction based on the federal poverty guidelines and indexing of the cost of living increase for each federal fiscal year. The Ohio department of job and family services (ODJFS) provides this figure to the county agencies on an annual basis via a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website.

(3) Excess medical deduction: the portion of medical expenses that are non-reimbursable over thirty-five dollars per month that are verified within thirty days of being billed or otherwise becomes due.

(a) The excess medical deduction is an allowable deduction for the following individuals:

(i) Any AG member who is elderly or disabled as defined in rule 5101:4-1-03 of the Administrative Code.

(ii) An AG with potential categorical eligibility that contains a supplemental security income (SSI) applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits is to receive restored benefits using the excess medical deduction from the beginning of the period for which SSI benefits are paid, or the original supplemental nutrition assistance program (SNAP) application date, whichever is later, when the AG incurs such expenses.

(iii) Persons receiving emergency SSI benefits based on presumptive eligibility.

(iv) Individuals who are a dependent of a recipient of SSI or disability/blindness benefits are not eligible for this deduction if they are receiving benefits as a spouse or other person.

(b) Allowable medical costs are limited to the following:

(i) Medical and dental care, including psychotherapy and rehabilitation services, provided by a licensed practitioner authorized by the state or another qualified health professional.

(ii) Hospitalization or outpatient treatment, nursing care, and nursing home care. Also included are payments by the AG for an individual who was an AG member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state.

(iii) Prescription drugs when prescribed by a licensed practitioner and other over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional. In addition, costs of medical supplies, incontinence products, sick-room equipment (including rental) or other prescribed equipment or supplies are deductible. The cost of any "Schedule I" controlled substance under the Controlled Substances Act 21 U.S.C. 812 (12/2018) including medical marijuana and any expenses associated with its use, are not deductible.

(iv) Health and hospitalization insurance policy premiums. The costs of health and accident policies such as those payable in lump-sum settlements for death or dismemberment, or income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled are not deductible.

(v) Medicare premiums and any cost-sharing or spend-down expenses incurred by medicaid recipients, as described in 7 C.F.R. 273.9.

(vi) Dentures, hearing aids, and prosthetics.

(vii) Costs associated with any animal (not limited to any type of animal) specially trained to serve the needs of an elderly or disabled AG member when:

(a) The animal is specially trained to assist the individual with the medical issue for which the animal is prescribed, and the individual cannot readily perform on their own (specific types of trainings, credentials or certifications are not needed); and

(b) The costs are associated with securing and maintaining the animal, including but not limited to, veterinarian bills and food costs.

(viii) Eyeglasses prescribed by a physician skilled in eye disease or by an optometrist.

(ix) Monthly telephone fees for amplifiers and warning signals and the costs of telephone communication equipment.

(x) Reasonable costs of transportation and lodging to obtain medical treatment or services. "Reasonable costs for transportation" is defined by the current federal or state mileage reimbursement rate, whichever is higher, for private automobiles, or actual costs when other forms of transportation are used. Verification is needed only when costs exceed the higher of the federal or state mileage reimbursement rate or the rate charged is for public transportation (e.g., local bus service).

(xi) Maintaining an attendant homemaker, home health aide, child care services, or housekeeper, necessary due to age, infirmity, or illness. In addition, an amount equal to the one-person allotment are to be deducted as a medical expense when the AG furnishes the majority of the the attendant's meals. The allotment for this meal-related deduction is what is in effect at the time of initial certification. When an AG incurs attendant care costs that could qualify under both the medical deduction and the dependent care deduction, the cost may be deducted as a medical expense or a dependent care expense, but not both.

(4) Child/dependent care deduction: payments for the actual verified expenses for the care of an individual for whom the AG provides dependent care, including care of a child under the age of eighteen or an incapacitated person of any age in need of care. A child care expense that is reimbursed or paid for by the Ohio works first program under Title IV-A of the Social Security Act, (42 U.S.C. 618 (5/2017) is not deductible.

(a) Dependent care expenses are allowable deductions when determined necessary for a group member to:

(i) Search for, accept or continue employment;

(ii) Comply with the employment and training requirements described in rule 5101:4-9-01 of the Administrative Code; or

(iii) Attend training or education in preparation for employment under rule 5101:4-9-01 of the Administrative Code, unless covered by educational income which has been excluded under rule 5101:4-4-13 of the Administrative Code.

(b) Dependent care expenses are to be separately identified, necessary to participate in the care arrangement, and not already paid by another source on behalf of the AG. Allowable dependent care expenses are limited to:

(i) The costs of care given by a care facility or an individual care provider, including a relative, so long as the relative providing care is not part of the same SNAP assistance group as the child or dependent adult receiving care;

(ii) Transportation costs to and from the care facility; and

(iii) Activity or other fees associated with the care provided to the dependent that are necessary for the household to participate in the care.

(c) For purposes of this rule, "incapacitated" is defined as any permanent or temporary condition that prevents an individual from participating fully in normal activities, including but not limited to work or school, without supervision and that requires the care of another person to ensure the health and safety of the individual, or a condition or situation that makes a lack of supervision risky to the health and safety of that individual.

(d) An AG incurring attendant care expenses that could qualify under both the medical deduction and/or child/dependent care deduction may be deducted as either a medical expense or child/dependent care expense, but not both.

(5) Excess shelter cost deduction: monthly shelter costs over fifty per cent of the AG's income after all other deductions contained in this rule have been allowed.

(a) When the AG does not contain an elderly or disabled member as defined in rule 5101:4-1-03 of the Administrative Code, the AG is to receive the excess shelter cost deduction that is not to exceed the maximum shelter deduction. The maximum shelter cost deduction is to be adjusted each fiscal year and the county agencies will be informed of the amount through the issuance of a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website.

(b) When the AG contains an elderly or disabled member, the AG is to receive the excess shelter cost deduction as calculated. The AG is not subject to the maximum shelter deduction.

(c) An AG with potential categorical eligibility that contains an SSI applicant that is determined ineligible but later becomes categorically eligible and entitled to restored benefits are to receive restored benefits using the excess shelter deduction from the beginning of the period for the SSI benefits are paid or the original SNAP application date, whichever is later, when the AG incurs such expense.

(d) Shelter costs are to include only the following:

(i) Continuing charges for the shelter occupied by the AG, including rent, first and second mortgages, condo and association fees, or other continuing charges leading to the ownership of shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments. Examples of shelter costs homeless AGs may incur are fees for staying at shelters for the homeless, fees for renting a motel room for a number of days or hours each month, etc. When a homeless AG is living in its car, the car payment can qualify as a shelter cost.

(ii) Property taxes, state and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings. When an AG is living in a car, only that portion of the car insurance premium that covers the car itself may be allowed. License plate fees on a motor home or car that represents an AG's residence are not assessments and they are not allowable.

(iii) One of the utility allowances listed under paragraph (A)(7) of this rule when applicable. To receive an utility allowance there is to be an incurred utility expense. Only separate identifiable utility costs are allowable.

(iv) Charges for the repair of the home itself that was substantially damaged or destroyed due to a natural disaster such as a fire or flood. Costs for replacement or repair of normal home furnishings (e.g., bed, refrigerator, stove) or personal belongings (e.g., clothes, jewelry, linen) are not covered by this rule. Shelter costs are not to include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source.

(v) The shelter costs for the home when temporarily unoccupied by the AG because of employment or training away from home, illness, or abandonment of the home due to natural disaster or casualty loss. For the costs of a vacated home to be included in shelter costs, the AG is to intend to return to the home; the current occupants of the home, when any, are not to be claiming the shelter costs for SNAP purposes; and the home is not to be leased or rented in the AG's absence. The county agency does not to assist the AG in obtaining verification of this expense when verification would have to be obtained from a source outside of the project area. AGs are to provide verification of actual utility costs for unoccupied homes when the costs would result in a deduction. An AG that has both an occupied home and an unoccupied home is only entitled to one standard utility allowance.

(6) Homeless shelter deduction: an AG that is considered to be homeless is eligible to have this deduction taken in the determination of its net income. To be eligible for this deduction, the homeless AG is to incur shelter costs during the month. Homeless AGs are to be given the choice of the homeless shelter deduction or actual shelter costs. A homeless AG receiving the homeless shelter deduction is not to have its shelter expenses considered under paragraphs (A)(5) and (A)(7) of this rule. The homeless shelter deduction is established by FNS and the amount, when changed, will be issued through a food assistance change transmittal. Food assistance change transmittals can be found in the food assistance certification handbook on the Ohio department of job and family services website.

(7) Utility allowance: utility allowances are established by ODJFS and are reviewed and updated annually. The amounts are updated in the Ohio benefits integrated eligibility system and the county agencies are notified of the amounts by issuance of a food assistance change transmittal, that can be found in the food assistance certification handbook at the ODJFS website. The utility allowances include the costs of heating fuel, electricity, water, sewer, trash collection, and telephone service. A "cooling cost" is a verifiable utility expense relating to the operation of air conditioning systems or room air conditioners. This does not include costs relating to the operation of fans.

Each AG charged for a utility expense is entitled a utility allowance. AGs that are not directly billed by a utility company but are billed separately when costs are shared or are owed to a landlord are entitled to a utility allowance. County agencies are not to prorate utility allowances. The types of utility allowances are as follows:

(a) Standard utility allowance: deduction for the AGs that incur heating and/or cooling costs. The standard utility allowance includes the costs of heating fuel, electricity, cooling costs, water, sewer, trash collection and telephone service.

AGs entitled to the standard utility allowance include:

(i) AGs that are not considered homeless that incur heating and/or cooling expenses separately from their rent or mortgage.

(ii) AGs that incur verified heating costs during the heating season continue to qualify throughout the year, regardless of whether they also incur cooling costs, and vice versa.

(iii) AGs in private rental housing that are billed by their landlord based on individual usage or that are charged a flat rate based on their individual usage for heating or cooling expenses separately from their rent.

(iv) AGs with an elderly or disabled member that receive a payment or on behalf of which a payment was made under the Low Income Home Energy Assistance Act of 1981 (LIHEAA), 42 U.S.C. 94 (02/2014), such as the home energy assistance program (HEAP) (which is excluded as income) or an other similar energy assistance program, when the payment is received in the month of application or immediately preceding twelve months and is more than twenty dollars annually.

AGs without an elderly or disabled member are not eligible based on a payment of any amount from HEAP or an other similar energy assistance program. AGs without an elderly or disabled member are to incur verified heating or cooling expenses to be entitled to the standard utility allowance.

(a) Other similar energy assistance programs are separate home energy assistance programs designed to provide heating or cooling assistance through a payment received by or on behalf of low-income AGs.

(b) When an AG that received a HEAP or an other similar energy assistance program payment of more than twenty dollars in the current month or preceding twelve months subsequently splits into two separate SNAP AGs, the county agency is to consider whether each of the separate AGs contains an elderly or disabled member. When each of the separate AGs contains an elderly or disabled member, the county agency is to confer the standard utility allowance to each of the AGs, but when one of the separate AGs resulting from the split does not contain an elderly or disabled member, that AG is no longer entitled to the standard utility allowance unless the AG incurs a verified heating or cooling expense.

(c) HEAP or other similar energy assistance program payments are to be averaged over the entire heating or cooling season the payment is intended to cover; an AG containing an elderly or disabled member may be eligible for the standard utility allowance in more than one heating or cooling season when the payment is received within the last twelve months, or the prorated period covers at least one month in the preceding twelve months.

(v) AGs with an elderly or disabled member that live in a multi-dwelling or individual unit and receive a weatherization program payment, when the payment is received in the current month or preceding twelve months and is more than twenty dollars annually. AGs without an elderly or disabled member are not eligible based on a payment of any amount from a weatherization program payment.

(vi) An AG that has both an occupied and an unoccupied home is only entitled to one standard utility allowance.

(vii) AGs living in public housing units that have central utility meters and are charged only for excess heating or cooling costs, regardless of when they are charged by the utility company or the landlord.

(viii) All AGs that live with another individual, another AG or both, and share heating and/or cooling costs.

(b) Limited utility allowance: deduction for the AGs that incur two or more utility expenses, none of which is a heating or cooling expense, but may include a telephone expense.

(c) Single standard utility allowance: deduction for AGs that incur one utility expense that is not a heating, cooling or telephone expense.

(d) Standard telephone allowance: deduction for AGs that only incur a telephone expense.

(8) Child support: a deduction is provided for legally obligated child support payments paid by an AG member to or for a non household member, including payments made to a third party on behalf of the non household member (vendor payments). The county agency is to allow a deduction for amounts paid toward arrearages. Alimony payments made to or for a non household member are not to be included in the child support deduction. County agencies are to budget child support payments prospectively regardless of the budgeting system used for the AG's other circumstances.

(B) How are deductions verified?

(1) Deductions from income are to be verified at certification, recertification and when a change is reported in accordance with rule 5101:4-2-09 of the Administrative Code.

(2) When a deductible expense is to be verified and obtaining the verification may delay the AG's certification, the county agency is to advise the AG that the eligibility and benefit level is to be determined without deducting the unverified expense.

(a) When the expense is not verified within thirty days of the date of the application and the AG subsequently provides the missing verification, the county agency is to process the benefits as a reported change in accordance with rule 5101:4-7-01 of the Administrative Code.

(b) When the expense is not verified within the thirty day processing standard because the county agency failed to allow the AG sufficient time to verify the expense, the AG is entitled to a restoration of benefits.

(c) When the AG would be ineligible unless the expense is allowed, the application is to be handled in accordance with rule 5101:4-5-07 of the Administrative Code.

Last updated April 1, 2026 at 8:41 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-27 Food assistance: determining monthly food assistance benefits.

(A) How is a monthly supplemental nutrition assistance program (SNAP)_allotment determined?

The monthly SNAP allotment can be determined several ways. The allotment can be determined through the Ohio benefits integrated eligibility system, by using the basis of coupon/EBT issuance table, or by doing a manual budget. When calculating monthly allotments without using the Ohio benefits integrated eligibility system, the county agency must use the maximum food assistance allotment table and may need to use the basis of coupon/EBT issuance table and the maximum net monthly income standards. These tables are issued annually through a food assistance change transmittal, that can be found in the food assistance certification handbook at the Ohio department of job and family services website.

(1) To determine an assistance group's (AG's) monthly SNAP allotment using the basis of coupon/EBT issuance table:

(a) Calculate the AG's net monthly income in accordance with rule 5101:4-4-31 of the Administrative Code.

(b) When the AG is categorically eligible in accordance with rule 5101:4-2-02 of the Administrative Code and thus not subject to the net income standard, find the monthly SNAP allotment on the basis of coupon/ EBT issuance table using the AG's net monthly income and the appropriate AG size.

(c) When the AG is subject to the net income standard, compare the AG's net monthly income to the maximum net monthly income standard for the appropriate AG size. When the AG's net income is greater than the net monthly income standard, the AG is ineligible. When the AG's net income is equal to or less than the net monthly income standard, the AG is eligible. Find the SNAP allotment amount on the basis of coupon/EBT issuance table using the AG's net monthly income and the appropriate AG size.

(d) Eligible AGs of one or two persons are eligible for a full monthly SNAP allotment of no less than the minimum benefitamount.

(e) AGs containing three or more members shall receive the actual calculated SNAP allotment.

(2) To calculate the SNAP allotment manually (without using the basis of coupon/EBT issuance table):

(a) Calculate the AG's net monthly income in accordance with rule 5101:4-4-31 of the Administrative Code.

(b) When the AG is categorically eligible in accordance with rule 5101:4-2-02 of the Administrative Code and thus not subject to the net monthly income standard, multiply the net monthly income by thirty per cent.

(c) When the AG is subject to the net income standard, compare the AG's net monthly income to the maximum net monthly income standard for the appropriate AG size. When the AG's net income is greater than the net monthly income standard, the AG is ineligible. When the AG's net income is equal to or less than the net monthly income standard, the AG is eligible. Multiply the net monthly income by thirty per cent.

(d) Round the product up to the next whole dollar when it ends in one cent through ninety-nine cents.

(e) To obtain the SNAP allotment, subtract the result of the amount calculated in paragraph (A)(2)(d) of this rule from the maximum SNAP allotment for the appropriate AG size.

(f) When the SNAP allotment is for a one or two person AG and the computation results in an allotment of less than the minimum benefit amount, round up to the minimum benefit amount.

(g) AGs containing three or more members shall receive the actual calculated SNAP allotment.

(B) How are SNAP allotments prorated for the initial month?

The term "initial month" means the first month that the AG is certified for participation in SNAP. The initial month must follow a period when the AG was not participating in SNAP. For most AGs the break in receiving SNAP can be any amount of time. However, for migrant and seasonal farm workers, an initial month is determined by a break in benefits of at least one month. AGs containing migrant and seasonal farm workers shall receive a full month's SNAP allotment with no proration when the break in benefits is less than one month.

SNAP allotments for the initial month of application are prorated based on the date the application is received by the county agency. To prorate the initial month of benefits the county agency must determine what the SNAP allotment would have been for the entire month as explained in paragraph (A) of this rule, and then prorate the benefits as described in this paragraph based on the date the application was received:

The steps for prorating are:

(1) Add one to the number of days in the month;

(2) Subtract the date the application was received from the total calculated in paragraph (B)(1) of this rule.

(3) Multiply the amount from paragraph (B)(2) of this rule by the full month's allotment determined from paragraph (A) of this rule.

(4) Divide the amount from paragraph (B)(3) of this rule by the number of days in the month.

(5) When the number calculated in paragraph (B)(4) of this rule ends in one cent through ninety-nine cents, round it down to the next lower dollar.

(6) When the number calculated results in an allotment of less than ten dollars, round it to zero dollars. When the amount calculated is ten dollars or more the benefit should be issued.

(1) An AG's SNAP allotment for the month of application may be different than the following months.

(2) An AG may be eligible for the month of application, but ineligible in the next month. The AG is entitled to benefits for the month of application even when the processing of its application results in the benefits being issued in the next month.

(3) Similarly, an AG may be ineligible for the month of application, but eligible in the next month due to anticipated changes in circumstances. Even though denied for the month of application, the AG does not have to reapply in the next month. The same application shall be used for the denial for the month of application and the approval for the next months, within the timeliness standards as described in rule 5101:4-2-11 of the Administrative Code.

(D) What happens when there are anticipated changes at the time of recertification?

Eligibility for recertification shall be determined based on circumstances anticipated for the certification period starting the month following the expiration of the current certification period.

(1) When an AG, other than a migrant or seasonal farm worker AG, submits an application after the AG's certification period has expired, that application shall be considered an initial application and benefits for that month shall be prorated.

(2) When an AG's failure to timely reapply for benefits was due to an error of the county agency and therefore, there was a break in participation, the county agency shall follow procedures in rule 5101:4-5-07 of the Administrative Code.

(3) When an AG reapplies prior to the end of its certification period, but is found ineligible for the first month following the end of the certification period, the first month of any subsequent participation shall be considered an initial month.

(4) When an AG submits a recertification for benefits prior to the end of its certification period and is found eligible for the first month following the end of the certification period, then that month shall not be an initial month.

(5) The requirements of paragraph (D)(4) of this rule are effective only when the AG has been properly notified of the expiration of its certification period, as described in rule 5101:4-7-07 of the Administrative Code.

Last updated May 1, 2026 at 8:22 AM

History

Effective: May 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-31 Food assistance: anticipating income.

(A) What is the general standard for anticipating income?

For the purpose of determining the supplemental nutrition assistance program (SNAP) assistance group's (AG's) eligibility and monthly benefit, the county agency is to take into account the income already received by the AG during the certification period and any anticipated income the AG and the county agency are reasonably certain will be received during the remainder of the certification period. When the amount of income that will be received or when it will be received is uncertain, the county agency is not to count that portion of the AG's income that is uncertain. When the exact amount of the income is not known, that portion of it that is anticipated with reasonable certainty is considered income. In cases where the receipt of income is reasonably certain but the monthly amount may fluctuate, the county agency is to average income.

(B) How is income anticipated?

Income received during the past thirty days is to be used as an indicator of the income that is and will be available to the AG during the certification period. However, the county agency is not to use past income as an indicator of income anticipated for the certification period when changes in income have occurred or can be anticipated. When income fluctuates to the extent that a thirty-day period alone cannot provide an accurate indication of anticipated income, the county agency and the AG may use a longer period of past time when it will provide an accurate indication of anticipated fluctuations in future income. Similarly, when the AG's income fluctuates seasonally, it may be appropriate to use the most recent season comparable to the certification period, rather than the last thirty days, as one indicator of anticipated income. The county agency is to exercise particular caution in using income from a past season as an indicator of income for the certification period. In many cases of seasonally fluctuating income, the income also fluctuates from one season in one year to the same season in the next year. However, in no event is the county agency to automatically attribute to the AG the amount of any past income. The county agency is not to use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.

Income anticipated during the certification period is to be counted as income only in the month it is expected to be received, unless the income is averaged as described in paragraph (I) or (J) of this rule. Nonrecurring lump-sum payments are counted as a resource starting in the month received and not counted as income.

(D) How is income anticipated when an AG is steadily employed?

In cases where the AG name is steadily employed, income from the previous month is usually a good indicator of the amount of income that can be anticipated in the month of application and subsequent months. When information supplied by the AG or a collateral contact indicates that future income will differ from the previous month's income, the county agency will use such information to make a reasonable estimate of anticipated income. The method used to determine income is to be fully documented in the case file.

(E) How are hourly and piecework wages anticipated?

When income is received on an hourly wage or piecework basis, weekly income may fluctuate when the wage earner works less than eight hours some days or works overtime on others. In this case the county agency should consult with the AG to determine the normal amount of income to be expected as a result of one week's work and when this is reasonably certain to be available during the certification period. This amount should be used to determine monthly income.

(F) Are withheld wages treated as income?

Wages held at the request of the employee is to be considered income to the AG in the month the wages would otherwise have been paid by the employer. However, wages held by the employer as a general practice, even when in violation of law, are not counted as income to the AG, unless the AG anticipates that it will ask for and receive an advance or that it will receive income from wages that were previously held by the employer as a general practice and were, therefore, not previously counted as income by the county agency. Advances on wages are to count as income in the month received only when reasonably anticipated.

(G) How is monthly or semimonthly income of varying amounts anticipated?

An AG receiving income on a recurring monthly or semimonthly basis is not to have its monthly income varied merely because of changes in mailing cycles or pay dates or because weekends or holidays cause additional payments to be received in a month.

(H) When should actual income be used instead of converted income?

When a full month's income is anticipated and income is received on a weekly or biweekly basis, the county agency is to determine monthly income by multiplying weekly amounts by 4.3 and biweekly amounts by 2.15. In one-month certifications, income on less than a monthly basis may be computed by using the actual income that is to be received. When income that was received on a weekly or biweekly basis has stopped, actual income (not converted) is used.

(I) When is income averaged?

Except for destitute AGs, income received on a monthly basis but whose amount fluctuates from month-to-month and income received less often than monthly are to be averaged. Income is not to be averaged for a destitute AG since doing so would result in assigning to the month of application income from future periods that is not available to the AG for its current food needs. To average income, the county agency is to use the AG's anticipation of income fluctuations over the certification period. (For example, an AG receives one hundred dollars every other month, fifty dollars per month income may be used.) The number of months used to arrive at the average income need not be the same as the number of months in the certification period. An average is to be recalculated at recertification and in response to changes in income, in accordance with rule 5101:4-7-01 of the Administrative Code, and the county agency is to inform the AG of the amount of income used to calculate the allotment. Conversion of income received weekly or biweekly in accordance with paragraph (H) of this rule does not constitute averaging.

(J) How is contract or self-employment income anticipated?

AGs which, by contract or self-employment, derive their annual income in a period of time shorter than one year is to have that income averaged over a twelve-month period, provided the income from the contract is not received on an hourly or piecework basis. These AGs may include school employees, share croppers, farmers, and other self-employed AGs. However, these provisions do not apply to migrant or seasonal farm workers. Contract income which is not the AG's annual income and is not paid on an hourly or piecework basis is to be prorated over the period the income is intended to cover.

(K) What expenses are included in income deductions?

Deductible expenses include only the costs described in rule 5101:4-4-23 of the Administrative Code.

(L) What types of expenses are not allowed as deductions?

(1) Any expense, in whole or in part, covered by educational income that is excluded income as defined in rule 5101:4-4-13 of the Administrative Code. For example, the portion of rent covered by excluded vendor payments is not calculated as part of the AG's shelter costs.

(2) Any expense that is covered by an excluded vendor payment that has been converted to a direct cash payment under the approval of a federally authorized demonstration project are not deductible.

(3) The portion of an allowable medical expense that is not reimbursable is to be included as part of the AG's medical expenses. When the AG reports an allowable medical expense at the time of certification but cannot provide verification at that time, and when the amount of the expense cannot be reasonably anticipated based upon available information about the recipient's medical condition and public or private medical insurance coverage, the AG is to have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified.

(4) A utility expense covered by a payment that is considered excluded income as defined in rule 5101:4-4-13 of the Administrative Code or considered included income as defined in rule 5101:4-4-19 of the Administrative Code, are not deductible for AGs without an elderly or disabled member. Utility expenses for AGs without an elderly or disabled member are to only be deductible when the AG is responsible for or incurring the expense.

(M) When are billed expenses deducted?

Except as provided in paragraph (N) of this rule, a deduction is considered in the month the expense is billed or otherwise becomes due. However, in the case of reimbursable medical expenses, a deduction can only be considered within thirty days of receiving the verification of the amount of reimbursement. The phrase "otherwise becomes due" is meant to provide for deductions in situations where regular billing statements are not issued but the expenses nevertheless become due each month as in most rental arrangements. All of the preceding applies regardless of when the AG intends to pay the expense. Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the AG. In any event, a particular expense may only be deducted once. Past due bills, except in the situation of medical expenses awaiting reimbursement, are not to be deducted.

(N) How are expenses anticipated?

The county agency is to calculate an AG's expenses based on the expenses the AG expects to be billed for during the certification period. Anticipation of the expense is to be based on the most recent month's bills unless the AG is reasonably certain a change will occur. At certification and recertification, the AG is to report and verify all medical expenses. The AG's monthly medical deduction for the certification period is to be based on the information reported and verified by the AG, and any anticipated changes in the AG's medical expenses that can be reasonably expected to occur during the certification period based on available information about the recipient's medical condition, public or private insurance coverage, and current verified medical expenses. The AG is not required to report changes about its medical expenses during the certification period. When the AG voluntarily reports a change in its medical expenses, the county agency is to act upon the change in accordance with rule 5101:4-7-01 of the Administrative Code when the change would increase the AG's allotment. In the case of a reported change that would decrease the AG's allotment, or make the AG ineligible, the county agency is not to act on the change without first requiring verification in accordance with rule 5101:4-7-01 of the Administrative Code.

(O) When should expenses be converted?

When the AG is billed more frequently than monthly for expenses, the county agency is to use the conversion procedure.

(P) How are expenses averaged?

AGs may elect to have fluctuating monthly expenses deducted entirely in the month incurred or averaged.

(1) Averaging less frequent bills

AGs may elect to have expenses that are billed less often than monthly treated as follows:

(a) The entire expense may be deducted during the month the expense is billed or otherwise becomes due.

(b) The expense may be averaged forward over the interval between scheduled billings.

(c) When there is no scheduled interval between billings, the expense may be averaged forward over the period the expense is intended to cover.

(d) Whether expenses are averaged forward between scheduled billings or averaged forward over the period the expense is intended to cover, deductions are not to be limited to the certification period in which the bill was received. When the expense is incurred on an ongoing basis, it may be deducted on an ongoing basis.

(e) "One-time-only" expenses may be averaged over the entire certification period in which they are billed when they are verified at the time of certification.

(2) Averaging "one-time only" expenses excluding medical

AGs reporting "one-time-only" expenses (excluding medical expenses) during their certification period may elect to have them treated as follows:

(a) The total "one-time-only" expense may be deducted in the month it is billed, rather than have the expenses averaged; or

(b) "One-time-only" expenses may be averaged over the certification period in which they were billed. For example, when the expense occurs during the fourth month of a six-month certification period, then only one-sixth of the expense can be deducted in each of the remaining two months. The other unused portion is lost. In these cases, it may be to the AG's advantage to have the total expense deducted in the month it is billed, rather than to have the expense averaged.

(3) Averaging medical expenses

AGs reporting "one-time-only" medical expenses during their certification period may elect to have them treated as follows:

(a) The total medical expense in excess of thirty-five dollars may be deducted for one month; or

(b) The medical expense may be averaged forward over the remaining months of the certification period. When this option is chosen, only the amount in excess of thirty-five dollars each month may be deducted. Averaging is to begin the month the change becomes effective.

(c) When an AG is certified for thirty-six months, the "one-time-only" medical expenses incurred during the first twelve month in excess of thirty-five dollars will be treated as follows:

(i) The medical expense may be deducted for one month; or

(ii) The medical expense may be averaged over the remainder of the first twelve months of the certification period; or

(iii) The medical expense may be averaged forward over the remaining months of the certification period. Averaging is to begin the month the change becomes effective.

(d) When an AG is certified for thirty-six months, the "one-time-only" medical expenses incurred after the first twelve months in excess of thirty-five dollars will be treated as follows:

(i) The medical expense may be deducted for one month; or

(ii) The medical expense may be averaged forward over the remaining months of the certification period. Averaging is to begin the month the change becomes effective.

(Q) How is SNAP eligibility determined and how are the appropriate gross and net income standards applied?

AGs who are eligible in accordance with rule 5101:4-2-02 of the Administrative Code are not subject to the SNAP one hundred thirty per cent gross income or the net income standards.

(1) AGs that do not contain at least one elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code and who are not eligible in accordance with rule 5101:4-2-02 of the Administrative code are to meet the SNAP one hundred thirty per cent gross income and the net income standards. The AG is to have its gross monthly income, as calculated in accordance with this rule, compared to the gross income standard for the appropriate AG size to determine eligibility. When the gross income is more than the standard for the appropriate AG size, the AG is ineligible. When the AG's gross monthly income is equal to or less than the gross income standard for the appropriate AG size, the AG is to then have it's net monthly income, as calculated in this rule, compared to the income standard for the appropriate AG size to determine eligibility. When the AG's net income is equal to or less than the appropriate net income standard, the AG's level of benefits is determined, if otherwise eligible.

(2) AGs that contain at least one elderly or disabled member, as defined in rule 5101:4-1-03 of the Administrative Code and who are not eligible in accordance with rule 5101:4-2-02 of the Administrative code do not have to meet the SNAP one hundred thirty per cent gross income standard, but are to meet the net income standards. The AG is to have its net monthly income as calculated in this rule compared to the net income standard for the appropriate AG size to determine eligibility. When an AG contains a member who is fifty-nine years old on the date of application, but who will become sixty before the end of the month of application, the county agency is to determine the AG's income eligibility by comparing it to the net income standard. When the AG's net income exceeds the appropriate net income standard, the AG is ineligible to participate in SNAP. When the AG's net income is equal to or less than the appropriate net income standard, the AG's level of benefits is determined, if otherwise eligible.

(3) An AG containing a student with excluded income who turns eighteen during the month of application or during the certification period is to have its income eligibility determined in accordance with rule 5101:4-4-13 of the Administrative Code.

(R) How is gross monthly income calculated?

To determine the AG's total gross income, add the gross monthly income earned by all AG members and the total monthly unearned income of all AG members, minus income exclusions. When an AG has income from a farming operation (with gross proceeds of more than one thousand dollars per year) that operates at a loss, see rule 5101:4-6-11 of the Administrative Code. The total gross income is compared to the gross income eligibility standard for the appropriate AG size. When the total gross income is equal to or less than the standard, proceed with calculating the adjusted net income as described in paragraph (S) of this rule. When the total gross income is more than the standard, the AG is ineligible for program benefits and the case is either denied or terminated at this point.

(S) How is net monthly income calculated?

AGs who are determined eligible after applying the gross income eligibility test will have their net income compared to the net income standard prior to determining level of benefits as described in this paragraph. After determining net income, the "Basis of Coupon Issuance Tables" is used to determine the AG's allotment. These tables are issued annually through a food assistance change transmittal letter that can be found in the food assistance certification handbook at the Ohio department of job and family services website.

(1) Total gross income

Add the gross monthly income earned by all AG members and the total monthly unearned income of all AG members, minus earned income exclusions, to determine the AG's total gross income. Net losses from the self-employment income of a farmer are to be offset in accordance with rule 5101:4-6-11 of the Administrative Code.

(2) Earned income deduction

Multiply the total gross monthly earned income by twenty per cent and subtract that amount from the total gross income.

(3) Standard deduction

Subtract the standard deduction.

(4) Excess medical deduction

When the AG is entitled to an excess medical deduction, determine if total medical expenses exceed thirty-five dollars. If so, subtract the portion that exceeds thirty-five dollars.

(5) Dependent care deduction

Subtract monthly dependent care expenses, if any.

(6) Legally obligated child support deduction

Subtract the allowable monthly child support payments in accordance with rule 5101:4-4-23 of the Administrative Code.

(7) Standard homeless shelter deduction

Subtract the standard homeless shelter deduction amount, if any, when the AG is homeless and it incurs shelter costs during the month and has not claimed an excess shelter cost according to paragraph (S)(8) of this rule.

(8) Determining any excess shelter cost

Total the allowable shelter expenses to determine shelter costs, unless a deduction has been subtracted in accordance with paragraph (S)(7) of this rule. Subtract from total shelter costs fifty per cent of the AG's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. When there is no excess shelter cost, go to the next step.

(9) Applying any excess shelter cost

Subtract the excess shelter cost up to the maximum amount allowed (unless the AG is entitled to the full amount of its excess shelter expenses) from the AG's monthly income after all other applicable deductions. AGs not subject to the shelter limitation are to have the full amount exceeding fifty per cent of their adjusted income subtracted. The AG's net monthly income has been determined.

(T) What is the rounding technique used when calculating monthly income?

In calculating gross income (both earned and unearned) the monthly amounts are to be rounded down to the nearest whole dollar by dropping all cents. All cents in gross weekly, biweekly, or semimonthly income are to be dropped before and after adding, dividing or multiplying. Hourly rates that contain cents are not rounded. However, because these procedures could result in a significant decrease in expenses, the individual costs used in paragraphs (S)(4) to (S)(6) and paragraph (S)(8) of this rule are to be computed using exact dollars and cents. The cents will be dropped from the total cost prior to determining the AG's net monthly income.

(U) What is the rounding technique used when calculating the monthly allotment?

In manually calculating monthly allotments as described in rule 5101:4-4-39 of the Administrative Code, after multiplying the net income by thirty per cent, the county agency is to round the product up to the next whole dollar when it ends in one through ninety-nine cents prior to subtracting that amount from the maximum SNAP allotment.

(V) What is the rounding technique used when calculating the initial month benefit?

The county agency is to determine initial benefits based on the day of the month AGs apply for benefits. In manually calculating the initial month's benefits, the county agency is to use the formula described in rule 5101:4-4-27 of the Administrative Code. When the result ends in one through ninety-nine cents, the county agency is to round the product down to the nearest lower whole dollar. When the computation results in an allotment of less than ten dollars, then no issuance is to be made for the initial month.

(W) How is income anticipated for destitute AGs?

For AGs considered destitute, the county agency is to determine an AG's eligibility by first applying the procedures contained in rule 5101:4-6-09 of the Administrative Code and then apply the appropriate income standard in accordance with paragraph (Q) of this rule. For destitute AGs who apply after the fifteenth of the month and who have postponed submitting mandatory verifications, refer to rule 5101:4-6-09 of the Administrative Code.

Last updated April 1, 2026 at 8:41 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-4-39 Food assistance: allotment computation.

(A) How is the supplemental nutrition assistance program (SNAP) allotment determined?

Except for computation of the initial allotment or when circumstances as defined in rule 5101:4-7-13 of the Administrative Code are in effect, the assistance group's monthly allotment shall be equal to the maximum SNAP allotment for the assistance group's size, reduced by thirty per cent of the assistance group's net monthly income. After multiplying the net income by thirty per cent, the county agency shall round the product up to the next whole dollar when it ends in one through ninety-nine cents prior to subtracting that amount from the maximum SNAP allotment. This rounding method shall be used in all determinations of allotments.

(B) What is the minimum issuance amount in an initial month?

When the calculation of benefits for an initial month made in accordance with rule 5101:4-4-27 of the Administrative Code would yield an allotment of less than ten dollars for the assistance group, no benefits shall be issued to the assistance group for the initial month.

Only eligible one-person and two-person assistance groups shall receive the "minimum benefit" as defined in rule 5101:4-1-03 of the Administrative Code, for each month following the initial month.

(D) What happens when there is eligibility after the gross income test but not after the net income test?

When the assistance group is program eligible after the gross income test, but, after calculating net income is ineligible due to income in excess of the net income standard (issued in a food assistance change transmittal letter located in the food assistance certification handbook on the Ohio department of job and family services website), the county agency shall deny the assistance group's application. For those eligible assistance groups that are entitled to no benefits in their initial month of application but are entitled to benefits in subsequent months, the county agency shall certify the assistance groups beginning with the month of application, but not issue benefits until the second or subsequent month.

(E) How are changes in circumstances that affect an assistance group's income eligibility standard handled?

When an assistance group's circumstances change and it becomes entitled to a different income eligibility standard, the county agency shall apply the different standard at the next recertification or whenever the county agency changes the assistance group's eligibility, whichever occurs first. This applies when an assistance group loses or gains an elderly or disabled member or when an assistance group has a change in its categorical eligibility status.

Last updated March 1, 2023 at 8:45 AM

History

Effective: March 1, 2023
Promulgated Under: 111.15

Chapter 5101:4-5 Eligibility Determination

Ohio Adm.Code 5101:4-5-03 Food assistance: establishing certification periods.

(A) What is a certification period?

A certification period is the amount of time an assistance group (AG) is authorized to receive supplemental nutrition assistance program (SNAP) benefits. The county agency is to certify each eligible AG for a definite period of time. The county agency is not to require an AG to report for an interview during their certification period.

(B) What is the first month of the certification period?

The first month of the certification period is the first month that the AG is eligible to participate, including an initial month in which no benefit is issued due to the initial proration being less than ten dollars. The certification period cannot exceed a total of twelve months, except as specified in paragraph (C) of this rule.

At application or recertification the county agency is to assign the longest certification period possible based on the predictability of the AG's circumstances. AGs are to be assigned a twelve month certification period unless an AG meets one of the following exceptions:

(1) The elderly or disabled assistance group's (ED AG) certification period is assigned in accordance with paragraph (D) of this rule;

(2) When the AG has unstable circumstances or the AG includes an able-bodied adult (ABA), the certification period is to be assigned in accordance with paragraph (E) of this rule.

(D) How long should the certification period be for an ED AG?

An ED AG is when all adult members are elderly or disabled and the AG has no countable earned income. The ED AG may include minor children, regardless of disability status. The ED AG is to be certified for thirty-six months. An AG that includes an ABA, regardless of income, is not to be considered an ED AG.

(E) How long should the certification period be when the AG has unstable circumstances, anticipated changes or is a migrant or seasonal farm worker?

These AGs should be assigned certification periods consistent with their circumstances. The certification period options are four, five, six or twelve months when the AG has unstable circumstances such as:

(1) An AG with zero net income;

(2) An AG with an ABA is to be assigned a six month certification period;

(3) AGs that are homeless;

(4) The AG anticipates changes that will make the AG ineligible for SNAP benefits in the near future; or

(5) The AG contains a migrant or seasonal farm worker.

(F) When can SNAP benefits stop prior to the end of the certification period?

The county agency is to end an AG's SNAP benefits earlier than its certification expiration date when one of the following is true:

(1) The county agency receives information that is verified upon receipt and no additional information is needed and the AG has become ineligible;

(2) The AG fails to return a complete interim report as described in rule 5101:4-7-01 of the Administrative Code;

(3) The AG fails to respond to a JFS 07105, "Verification Request Checklist" issued for a change reported in accordance with rule 5101:4-7-01 of the Administrative Code.

(G) What notification is required when a certification period is ended earlier than the expiration date?

Prior notice of adverse action is to be provided by mail or personal delivery as described in rule 5101:6-2-04 of the Administrative Code unless the AG's situation meets one of the exceptions to the prior notice provisions as specified in rule 5101:6-2-05 of the Administrative Code.

(H) When can a certification period be aligned with certification periods for other public assistance programs?

(1) When the AG applies for SNAP within a certification period for other public assistance programs, the SNAP certification period may be shortened to align with the certification dates already established.

(2) When the AG is within a current certification for SNAP and applies for other public assistance programs, the SNAP certification date may be terminated early and a new certification period may be established. Prior notice of adverse action as described in paragraph (G) of this rule is not required when aligning certification periods.

Last updated April 1, 2026 at 8:42 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-5-07 Food assistance: delayed eligibility determinations for initial applications.

(A) What happens when an eligibility determination on an initial application is not made within thirty days?

When the county agency cannot make an eligibility determination within thirty days from the date of application, the cause of the delay must be determined. Depending on the cause of the delay, a notice of either denial or of pending status must be provided on the thirtieth day for applications that are delayed in processing. The county agency shall determine the cause of the delay using the following criteria:

(1) Assistance group (AG) caused delays

(a) The AG is at fault when the AG fails to complete the application process (e.g. failure to provide required verifications or complete an interview) even though the county agency has taken the required actions to assist the AG as described in paragraph (A)(2) of this rule.

(b) When the AG fails to participate in the first interview and a subsequent interview has been requested by the AG but is postponed at the AG's request or cannot otherwise be rescheduled until after the twentieth day but before the thirtieth day following the date the application was filed. The AG must participate in the interview and provide verification by the thirtieth day; otherwise, the delay shall be the fault of the AG.

(c) When the AG fails to participate in the first interview, fails to schedule a second interview, and/or the subsequent interview is postponed at the AG's request until after the thirtieth day following the date the application was filed. The delay shall be the fault of the AG. When the AG has missed both scheduled interviews and requests another interview, any delay shall be the fault of the AG.

(2) County agency caused delays

The county agency is at fault when it fails to comply with the following:

(a) Offer assistance with completing the application;

(b) Provide the AG with a statement of required verification. The county agency is to offer to assist in obtaining required verification and allow the AG sufficient time prior to the thirtieth day following the date of application to provide the missing verification. Sufficient time shall be at least ten days from the date of the county agency's initial request for the particular verification that was missing;

(c) Send the AG a JFS 04218 "Notice of Missed Interview" or its equivalent from the Ohio benefits integrated eligibility system and notify the AG that it is responsible for rescheduling a missed interview pursuant to rule 5101:4-2-07 of the Administrative Code. When the AG contacts the county agency within the thirty day processing period, the county agency must schedule a second interview; or

(d) Process the application by the thirtieth day when the AG has met all of its application obligations.

(B) What happens to an application when the AG caused the delay in the initial thirty days?

When the AG causes the delay, the application shall be processed as follows:

(1) The county agency shall send a notice of denial in accordance with rule 5101:4-2-11 of the Administrative Code.

(2) The AG shall lose its entitlement to benefits for the month of application. However, the AG shall be given an additional thirty days to take the required action.

(3) When a notice of denial is sent and the AG takes the required action within sixty days of the date the application was filed, the county agency shall reopen the case without requiring a new application.

(4) No further action by the county agency is necessary after the notice of denial is sent when the AG fails to take the necessary action within sixty days of the date the application was filed.

A notice of pending status is to be sent on the thirtieth day or the business day prior to the thirtieth day. A notice of denial cannot be sent for county agency caused delays.

(1) When the application is to be held pending because some action by the county agency is necessary to complete the application process, the county agency is to provide the AG with a written notice informing the AG that the application process has not been completed and is being processed.

(2) The county agency is to notify the AG of any action it is to take to complete the application process.

The notice will inform the AG that the application will be denied when the AG fails to take the necessary action within sixty days of the date that the application was filed.

(D) How is an application processed when the application has pended sixty days and all information is received?

(1) When the county agency is at fault for not completing the application process by the end of the second thirty-day period and the case file is otherwise complete, the county agency shall continue to process the original application until an eligibility determination is reached.

(2) When the AG is determined eligible and the county agency is at fault for the delay in the initial thirty days, the AG shall receive benefits retroactive to the month of application.

(3) When the initial delay is the AG's fault, the AG shall receive benefits retroactive only to the month following the month of application.

(E) How is an application processed when the application has pended sixty days and information is still incomplete?

(1) When the county agency is at fault for not completing the application process by the end of the second thirty-day period, but the case file is not complete enough to reach an eligibility determination, the county agency may continue to process the original application, or deny the application. When the case is denied, a notice of denial is to be sent to the AG informing the AG to file a new application and of its possible entitlement to benefits lost as a result of the county agency delay.

(2) When the AG is determined eligible and the county agency is at fault for the delay in the initial thirty days, the AG shall receive benefits retroactive to the month of application.

(3) When the initial delay is the AG's fault, the AG shall receive benefits retroactive only to the month following the month of application.

(4) When the AG is at fault for not completing the application process by the end of the second thirty-day period, the county agency shall deny the application and require the AG to file a new application.

Last updated October 1, 2026 at 9:28 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Chapter 5101:4-6 Determining Eligibility for Specific Groups

Ohio Adm.Code 5101:4-6-01 Food assistance: determining eligibility of individuals in drug addiction and alcoholic treatment and rehabilitation programs.

Narcotic addicts or alcoholics who regularly participate in publicly operated or private non-profit drug addiction or alcoholic (DAA) treatment and rehabilitation programs on a resident basis may voluntarily apply for supplemental nutrition assistance program (SNAP).

(A) What is the certification process for DAA treatment center residents?

(1) Applications shall be submitted through an authorized representative who is:

(a) Employed by the DAA treatment center and designated by the center for that purpose; and

(b) Designated by the assistance group as its authorized representative for the purpose of receiving and using SNAP benefits on the assistance group's behalf.

(2) Residents shall be certified as a one-person assistance group unless their children are living with them, in that case their children shall be included in the assistance group.

(3) Residents of DAA treatment centers are certified using the same provisions that apply to all other assistance groups, including, but not limited to, the same rights to notices of adverse action and fair hearings.

(B) What conditions need to be met in order for residents of the DAA treatment center to be eligible to receive SNAP?

The DAA treatment center shall provide evidence that it is:

(1) Tax exempt and certified by the Ohio department of mental health and addiction services as:

(a) Receiving funding under part B of Title XIX of the Public Health Service Act, 42 U.S.C. 300x (1992);

(b) Eligible to receive funding under part B of Title XIX even when no funds are being received;

(c) Operating to further the purposes of part B of Title XIX, to provide treatment and rehabilitation of drug addicts and/or alcoholics; or

(2) Authorized as a retailer by food and nutrition service.

(1) Accessing the benefits: DAA treatment centers may redeem benefits by using the assistance group's electronic benefit transfer (EBT) card at authorized retailers or at a point of sale device at the center, when the center is an authorized retailer.

(2) Change notification: the DAA treatment center shall notify the county agency of changes in the assistance group's circumstances as described in rule 5101:4-7-01 of the Administrative Code and when an assistance group leaves the DAA treatment center. When an individual leaves a DAA treatment center the center shall:

(a) Provide the assistance group with a change report form to report to the county agency the assistance group's new address and other circumstances after leaving the center;

(b) Advise the assistance group to return the form to the appropriate county agency office within ten days;

(c) No longer act as the assistance group's authorized representative for certification purposes or for obtaining or using SNAP benefits; and

(d) When the card was in the possession of the center the center shall provide the assistance group with their own EBT card. When the assistance group has already left the center, the center shall return the EBT card to the county agency by the end of the month.

(3) List of current participants: the DAA treatment center shall provide the county agency with a list of currently participating residents that includes a statement signed by a responsible center official attesting to the validity of the list. The participating resident list shall be supplied to the county agency by the DAA treatment center on a monthly basis.

(4) The organization or institution shall be responsible for any misrepresentation or intentional program violation that it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution shall be knowledgeable about the assistance group's circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The organization or institution shall be strictly liable for all losses or misuse of SNAP benefits held on behalf of residents and for all overpayments that occur while the assistance group is a resident of the DAA treatment center.

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

(1) The county agency is to conduct periodic random on-site visits to the DAA treatment center to ensure the accuracy of the list (as provided in paragraph (C)(3) of this rule) and that the county agency's records are consistent and up to date.

(2) The county agency is to promptly notify the state agency when it has reason to believe that a center is misusing benefits in its possession. The state agency will notify the United States department of agriculture (USDA), food and nutrition service (FNS) of the report and the county agency is to not take any action against the organization or institution prior to FNS action. Upon a determination of misuse by FNS, the county agency is to establish a claim for the overpayments of SNAP benefits held on behalf of residents as stipulated in paragraph (C)(4) of this rule. When FNS disqualifies an organization or institution as an authorized retailer, the county agency is to suspend its authorized representative status for the same period.

(3) When the center loses its authorization under Title XIX, or its FNS authorization as a retail food store is revoked, participation by any resident is automatically canceled. A notice of adverse action is not necessary, but the center and each recipient is to be notified in writing of their ineligibility.

(E) What shall the DAA treatment center do with SNAP benefits of recipients that have left the center?

(1) When no benefits have been spent on behalf of the individual assistance group, the center is to return the full value of any benefits already debited from the assistance group's current monthly allotment back into the assistance group's EBT account at the time the assistance group leaves the center.

(2) When benefits have already been debited from the EBT account and any portion spent on behalf of the assistance group, the following procedures are to be followed:

(a) When the assistance group leaves the DAA treatment center prior to the sixteenth of the month the county agency is to permit the return of one-half of the allotment to the assistance group's EBT account through a refund.

(b) When the assistance group leaves the DAA treatment center on or after the sixteenth day of the month the assistance group is to be allowed to receive any remaining benefits authorized or posted to the EBT account at the time the assistance group leaves the center.

Last updated December 1, 2025 at 9:45 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-02 Food assistance: shared parenting.

This rule describes the process the county agency shall use when determining eligibility for a dependent child in a shared parenting arrangement.

(A) What are shared parenting arrangements?

Shared parenting arrangements include:

(1) Formal, court ordered arrangements;

(2) Informal arrangements agreed upon mutually by both parents; or

(3) A combination of both formal, court ordered arrangements and informal arrangements.

(B) How does the county agency verify shared parenting arrangements?

(1) To verify shared parenting arrangements, the county agency is to:

(a) Use the procedures described in rule 5101:4-2-09 of the Administrative Code;

(b) Use the best available information to determine eligibility;

(c) Ensure that all supporting documents are located in the assistance group's case file, as well as documented in the Ohio benefits integrated eligibility system; and

(d) Evaluate the actual circumstances when the parents follow an arrangement that is different from the formal, court ordered shared parenting arrangement or when there is no formal, court ordered arrangement.

(2) When there is a discrepancy between the parents' statements regarding the child's living arrangement and a formal, court ordered arrangement exists, the county agency is to refer to that order to establish which assistance group should include the child.

Both parents cannot receive SNAP for the same child in the same month despite a shared parenting arrangement permitting the child to live with each parent for part of the month.

(D) How does the county agency determine which assistance group should include the child?

(1) Since shared parenting arrangements are not the same in each case, assistance group composition is to be determined on a case-by-case basis.

(2) When one parent applies for the child and the child lives with him or her for part of the month, then the child shall be included in that parent's assistance group.

(3) When both parents apply for the child:

For the purposes of determining which assistance group the child is to be included, "majority" means more than fifty per cent.

(a) The child shall be included in the assistance group where he or she lives the majority of the time.

(b) When the child lives with each parent an equal amount of time, then the county agency shall determine who provides the majority of the child's meals:

(i) When one parent provides the majority of the child's meals, then the county agency shall include the child in the assistance group with that parent.

(ii) When both parents provide fifty per cent of the child's meals, then the parents are to agree which parent's assistance group should include the child.

(iii) When both parents provide fifty per cent of the child's meals but the parents cannot agree which assistance group should include the child, then the county agency shall include the child with the parent who applied first.

(E) How often should the shared parenting arrangement be evaluated?

The child shall remain in the parent's assistance group through the assigned certification period once the county agency determines the child should be included in that assistance group based on the process outlined in paragraph (D) of this rule. Eligibility shall only be re-evaluated when there is a:

(1) Change reported in assistance group composition;

(2) Change reported in the shared parenting arrangement;

(3) Recertification; or

(4) The other parent applies for the same child and:

(a) The county has not made a determination under paragraph (D)(3) of this rule for the current certification; or

(b) There has been a change in circumstances since a determination was last made under paragraph (D)(3) of this rule.

Last updated October 2, 2023 at 8:32 AM

History

Effective: October 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-03 Food assistance: boarders and income from boarders.

(A) Who is considered a boarder?

Boarders include:

(1) Individuals or groups of individuals who live with someone who is providing their meals and lodging in exchange for a "reasonable amount" of money; and

(2) Adults or children placed in foster care by a government agency;

(3) Children for whom guardianship payments are received as defined in rule 5101:4-1-03 of the Administrative Code; and

(4) Children for whom kinship support payments are received as defined in rule 5180:2-42-18 of the Administrative Code.

(B) How is a "reasonable amount" determined for meals and lodging?

To determine when an individual is paying a reasonable amount for meals and lodging, only the amount paid for meals shall be used. A reasonable monthly payment shall be either of the following:

(1) For individuals who are provided more than two meals a day, reasonable compensation shall be an amount that equals or exceeds the maximum monthly supplemental nutrition assistance program (SNAP) allotment for the appropriate size of the boarder household; or

(2) For individuals who are provided two meals or less per day, reasonable compensation shall be an amount that equals or exceeds two-thirds of the maximum monthly SNAP allotment for the appropriate size of the boarder household.

(1) Boarders are not eligible to participate in SNAP by themselves.

(2) Boarders may participate as a member of the assistance group(AG) providing their meals and lodging, only at the AG's request.

(D) How is a boarder's income and resources counted for the AG?

(1) The income and resources of a boarder who is not included as a member of the AG are not counted toward the AG.

(2) When the boarder is an AG member, his or her income and resources are available to the AG and are counted in the eligibility determination as described in division 5101:4 of the Administrative Code.

(E) How is the payment from boarders counted for the AG?

(1) Payments from a boarder, except individuals in foster care, shall be treated as self-employment income.

(2) The income from boarders shall include all direct payments to the AG for meals and lodging, including contributions to the AG's shelter expenses. Shelter expenses paid directly by boarders to someone outside of the AG shall not be counted as income to the AG.

(3) The income of the AG owning and operating a commercial boarding house shall be handled as self-employment income and the criteria in rule 5101:4-6-11 of the Administrative Code shall apply.

(4) Foster care payments for children or adults, guardianship payments for children, and kinship support payments for children, who are members of the AG are to be considered unearned income when received by the AG.

(F) How is the cost of doing business determined?

In determining the income received from boarders, the county agency shall exclude the portion of the boarder payment that is a cost of doing business. The amount allowed as a cost of doing business shall not exceed the payment the AG receives from the boarder for lodging and meals. The county agency may elect one of the following methods to determine the cost of doing business:

(1) The maximum monthly SNAP benefit for an AG that is equal to the number of boarders; or

(2) The actual documented cost of providing lodging and meals, when the actual cost exceeds the appropriate maximum monthly benefit amount or the self- employment standard deduction as described in rule 5101:4-6-11 of the Administrative Code. When actual costs are used, only separate and identifiable costs for lodging and meals shall be excluded.

(G) What deductible expenses are used to determine the monthly allotment?

The net income from self-employment shall be added to other earned income and the twenty per cent earned income deduction is applied to the total. Shelter costs the AG actually incurs, even when the boarder contributes to the AG's shelter expenses, are computed to determine when the AG will receive a shelter deduction. The shelter costs shall not include any shelter expenses directly paid by the boarder to a third party, such as the landlord.

Last updated May 1, 2026 at 8:22 AM

History

Effective: May 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-04 Food assistance: student enrolled in an institution of higher education.

(A) Who is considered to be an ineligible student?

(1) An individual who is enrolled at least half-time, as determined by the school, in an institution of higher education is to be ineligible to participate in the supplemental nutrition assistance program (SNAP) unless the individual qualifies for one of the exemptions in paragraph (B) of this rule.

(2) An individual is considered to be enrolled in an institution of higher education when the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or when the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is necessary.

(B) What are the student exemptions?

To be eligible for the program, a student as defined in paragraph (A) of this rule is to meet at least one of the following criteria:

(1) Age: the student is age seventeen or younger or age fifty or older.

(2) Unfit to work: the student is physically or mentally unfit for work in accordance with rule 5101:4-3-11 of the Administrative Code.

(3) Recipient of Ohio works first (OWF): the student is considered to be a recipient of an OWF cash payment.

(4) Enrolled through work activity programs: the student is enrolled in the institution of higher education as a result of participation in an OWF work activity program.

(5) Employed: the student is employed for a minimum of twenty hours per week and is paid for such employment or, when self-employed, is employed for a minimum of twenty hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty hours. The twenty hours per week is specific. The total hours worked in a month cannot be averaged.

(6) Participation in a work study program: the student is participating in a state-financed or federally-financed work study program during the regular school year. To qualify under this provision, the student is to be approved for work study at the time of application for SNAP, the work study is to be approved for the school term, and the student is to anticipate actually working during that time.

The exemption is to begin with the month the school term begins or the month work study is approved, whichever is later. Once begun, the exemption is to continue until the end of the month the school term ends, or it becomes known that the student has refused an assignment. When it is determined that a student had been approved and anticipated performing work study hours that did not materialize, no claim is to be created. When a determination is made that the student deliberately gave wrong or misleading information, a claim is to be created. The student work study exemption is not to continue between terms when there are breaks of a full month or longer unless the student is participating in work study during the break.

(7) Participation in on-the-job training: the student is participating in an on-the-job training program. An individual is considered to be participating in an on-the-job training program only during the period of time the individual is being trained by the employer.

(8) Care of a child under age six: the student is responsible for the care of a dependent assistance group member under the age of six.

(9) Care of a child between six and eleven years of age: the student is responsible for the care of a dependent assistance group member who has reached the age of six but is under age twelve when the county agency has determined that adequate child care is not available to enable the student to attend class and comply with the work requirements of paragraphs (B)(5) and (B)(6) of this rule.

(10) A single parent with a child under age twelve: the student is a single parent enrolled in an institution of higher education on a full-time basis (as determined by the institution) and is responsible for the care of a dependent child under age twelve. This provision applies in those situations where only one natural, adoptive, or stepparent (regardless of marital status) is in the same assistance group as the child. When no natural, adoptive, or stepparent is in the same SNAP assistance group as the child, another full-time student in the same assistance group as the child may qualify for eligible student status under this provision when he or she has parental control over the child and is not living with his or her spouse.

(11) Enrolled in an institution of higher education as a result of participation in:

(a) A program under the Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) (7/2014);

(b) A program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296) (6/2015);

(c) An employment and training program other than the SNAP employment and training (E&T) program, for low-income assistance groups that is operated by a state or local government where one or more of the components of such program is at least equivalent to an acceptable SNAP E&T program component. The JFS 07600 "Student Verification" is to be completed by the institution of higher education and used when determining that the following criteria is met:

(i) The individual is enrolled in a program under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 2296); and

(ii) The individual is enrolled in an accredited institution of higher education with a major that leads to an in-demand occupation. A list of in-demand occupations can be found on the Ohio means jobs website: "https://topjobs.ohio.gov/top-jobs-list."

(d) The SNAP E&T program under Chapter 5101:4-9 of the Administrative Code, subject to the condition that the course of study or program:

(i) Is part of a program of career and technical education as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 2296); or

(ii) Is limited to remedial courses, basic adult education, literacy, or English as a second language.

The enrollment status of a student is to begin on the first day of the school term of the institution of higher education. Such enrollment is to be deemed to continue through normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term excluding summer school.

(D) How is an ineligible student's income and resources handled?

An individual who is subject to the requirements of this rule and who does not meet any of the criteria in paragraph (B) of this rule is to be considered ineligible to participate in the SNAP program. The income and resources of the ineligible student is not to be counted in determining eligibility or the level of benefits for the assistance group, as specified in rule 5101:4-6-15 of the Administrative Code.

(E) How is eligibility determined for students who are participating in a meal plan at an institution of higher education?

(1) The county agency is to determine when students participating in a meal plan receive a majority of their meals through the meal plan.

(a) The circumstances should be fully explored to determine how to treat meal plans and to determine the scope of the meal plan. Meal plan structure may vary from institution to institution and the value of a meal plan may be counted by the number of meals, points, or dollars included. Additional information may be obtained from the student for clarification when it is unclear how many meals are received from the meal plan.

(b) For example, when a student receives breakfast and lunch every weekday through their meal plan, that is equivalent to ten meals per week. While this is two of three daily meals, the county agency would not consider the student to be receiving the majority of their meals as ten meals per week is less than the majority of twenty-one total weekly meals.

(2) Students will be considered a resident of an institution when the majority of their meals are provided through a meal plan and will be ineligible for SNAP in accordance with rule 5101:4-2-03 of the Administrative Code.

(3) Students who are not provided with the majority of their meals through a meal plan are not considered a resident of an institution and may be eligible for SNAP when all other eligibility factors are met.

Last updated July 1, 2025 at 9:09 AM

History

Effective: July 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-07 Food assistance: strikers.

(A) Who is considered a striker?

(1) Anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.

(2) Any employee affected by a lockout, however, shall not be deemed to be a striker.

(3) An individual who goes on strike but is exempt from work registration requirements on the day prior to the strike, other than those exempt solely on the grounds of being employed at the site of the strike, shall not be deemed to be a striker. Prestrike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

(4) When a striker obtains another job working at least thirty hours per week (or receiving weekly earnings equal to the federal minimum wage multiplied by thirty hours per week), the individual becomes exempt from work registration but continues to be considered a striker until a formal, written resignation is submitted to the first employer.

(5) Examples of nonstrikers who are eligible for participation in the supplemental nutrition assistance program (SNAP) include, but are not limited to:

(a) Employees whose workplace is closed by an employer in order to resist demands of employees (e.g. a lockout).

(b) Employees unable to work as a result of striking employees (e.g. striking warehouse staff preventing products from being packed for delivery and, consequently, truck drivers who are not working because there are no packages to deliver).

(c) Employees who are not part of the bargaining unit on strike not wanting to cross a picket line due to fear of personal injury or death.

(B) How are benefits calculated for an assistance group with a striking member?

Income eligibility at the time of application shall be determined by comparing the striking member's income on the day before the strike to the striker's current income and adding the higher of the two to the current income of nonstriking members during the month of application. When the assistance group is eligible, the higher income figure must also be used in determining the assistance group's benefit amount. Whether the striker's prestrike earnings are used or the current income is used, the earned income deduction shall be allowed when appropriate. An assistance group shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the assistance group.

Strikers whose assistance groups are eligible to participate shall be subject to the work registration requirements unless exempt under rule 5101:4-3-11 of the Administrative Code the day of application. Strikers subject to work registration and receiving either a local or state assistance program or SNAP benefits are subject to the employment and training program unless otherwise exempt from participation.

Last updated September 1, 2023 at 8:56 AM

History

Effective: September 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-09 Food assistance: expedited service.

This rule provides the income calculation, certification and verification procedures, the processing standards, and other special procedures applicable to assistance groups eligible for expedited service.

(A) What is expedited service?

Expedited service means that assistance groups are determined eligible for benefits within twenty-four hours or seven days because of the assistance group's circumstances. The county agency's application procedures shall be designed to identify assistance groups eligible for expedited service at the time an assistance group applies for assistance. A receptionist, volunteer, or other employee shall be responsible for screening all requests for supplemental nutrition assistance program (SNAP) benefits as they are received or screening individuals when they come into the office to apply.

(B) Who is entitled to twenty-four hour expedited service processing?

All assistance groups whose net income is zero as calculated in accordance with rule 5101:4-4-31 of the Administrative Code, and who have liquid resources of one hundred dollars or less shall be certified for SNAP benefits within twenty-four hours, or when mitigating circumstances occur, within seventy-two hours. The county agency shall also provide the assistance group a list of community assistance programs that provide emergency food.

(1) Assistance groups with less than one hundred fifty dollars in gross monthly income, as calculated in accordance with rule 5101:4-4-31 of the Administrative Code and who have liquid resources of one hundred dollars or less.

(2) Migrant or seasonal farm worker assistance groups defined as destitute as described in paragraph (F) of this rule who have liquid resources of one hundred dollars or less.

(3) Assistance groups whose combined monthly gross income and liquid resources are less than the assistance group's monthly rent or mortgage and utilities including entitlement to a standard utility allowance, as appropriate.

(D) What happens when the prescreening fails to identify an assistance group for expedited benefits?

When the prescreening fails to identify an assistance group as being entitled to expedited service and the county agency later discovers that the assistance group is entitled to expedited service, the county agency shall provide expedited service to assistance group from the date the county agency discovers the assistance group is entitled to expedited service.

(E) When eligible for seven day expedited service, what happens when the seventh calendar day falls on a Saturday, Sunday or holiday?

When the seventh calendar day falls on a Saturday, Sunday, or holiday, the county agency shall authorize the SNAP benefits so the assistance group will receive it no later than the last working day prior to the expiration of the seven day processing period.

(F) What is a destitute migrant or seasonal farm worker assistance group?

Migrant or seasonal farm worker assistance groups may have little or no income at the time of application and may be in need of immediate SNAP, even though they receive income at some other time during the month of application. Migrant or seasonal farm worker assistance groups are considered destitute when their circumstances are as defined in paragraphs (F)(1) to (F)(3) of this rule. Assistance groups other than migrant or seasonal farm worker assistance groups shall not be classified as destitute.

(1) Migrant or seasonal farm worker assistance groups whose only income for the month of application was from a terminated source are considered destitute and therefore entitled to expedited service. A migrant or seasonal farm worker's source of income shall be considered to be the grower for whom the migrant is working at a particular point in time, and not the crew chief. A migrant or seasonal farm worker who travels with the same crew chief but moves from one grower to another is considered to have moved from a terminated source to a new source. Income is considered from a terminated source when:

(a) It was received prior to the date of application; and

(b) It is received monthly or more frequently and will not be received again from that same source in the month following application; or

(c) It is normally received less often than monthly and will not be received in the month the next payment from that source is normally received.

(2) Migrant or seasonal farm worker assistance groups whose only income for the month of application is from a new source are considered destitute. These assistance groups may expect to start receiving income from a new job or public assistance, unemployment compensation, supplemental security income (SSI), social security, or a similar program. Income is considered from a new source when:

(a) Income of more than twenty-five dollars will not be received from the new source by the tenth calendar day following the date of application;

(b) Income of twenty-five dollars or less that is normally received monthly or more frequently has not been received from that source within thirty days prior to the date the application was filed; or

(c) Income of twenty-five dollars or less that is normally received less often than monthly was not received within the last normal interval between payments.

(3) Migrant and seasonal farm worker assistance groups may receive both income from a terminated source prior to the date of application and income from a new source after the date of application. These assistance groups are considered destitute when they receive no other income in the month of application from the terminated source and do not receive income of more than twenty-five dollars from the new source by the tenth calendar day after the date of application.

(G) How is eligibility and level of benefits for destitute migrant and seasonal farm worker assistance groups determined?

(1) Destitute migrant and seasonal farm worker assistance groups have their eligibility and level of benefits calculated for the month of application by considering only income from a terminated source that is received between the first of the month and the date of application. Any income from a new source that is anticipated after the day of application is disregarded.

(2) Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. When these payments are reimbursements, and therefore excluded, travel advances will not affect the determination of when an assistance group is destitute. However, when the travel advance is not a reimbursement but is really an advance on future wages that will be subtracted from wages later earned by the employee, the travel advance counts as income. Travel advances, whether excluded as reimbursements or included as income, are not considered when determining if the assistance group has a new source of income or if the assistance group meets the definition of destitute.

(3) The procedures for destitute migrant and seasonal farm worker assistance groups shall apply at initial application and at recertification, but only for the first month of each certification period. At recertification, income from a new source shall be disregarded in the first month of the new certification period when income of more than twenty-five dollars will not be received from this new source by the tenth calendar day after the date of the assistance group's normal issuance cycle.

(H) What are the requirements for verification under expedited service?

(1) Identity:

At initial application, the applicant's identity shall be verified through a collateral contact or readily available documentary evidence in accordance with rule 5101:4-2-09 of the Administrative Code. When an authorized representative applies for the assistance group, the identity of both the authorized representative and the assistance group name shall be verified.

(2) Social security number (SSN):

Assistance groups entitled to expedited service will be asked to furnish a SSN for each person applying for benefits or apply for one for each person applying for benefits before the second full month of participation. An assistance group member unable to provide the required SSN or who does not have one prior to the second full month of participation shall be allowed to continue to participate only when he or she satisfies the good cause requirement specified in rule 5101:4-3-24 of the Administrative Code. All other information is not verified prior to expedited certification unless the processing standards can be met.

(3) Other verification requirements:

All reasonable efforts shall be made to verify within the expedited processing standards the assistance group's residency, income statements, liquid resources and all other factors required in rule 5101:4-2-09 of the Administrative Code, through collateral contacts or readily available documentary evidence. However, benefits shall not be delayed beyond the expedited service processing standards solely because these factors have not been verified.

(I) What are the work registration requirements for expedited service processing?

The county agency shall register all assistance group members for work (unless exempt).

(J) What happens when verification requirements are postponed?

(1) For an assistance group applying on or before the fifteenth of the month, the county agency may postpone verification requirements until the second month of the certification period. Any postponed verifications must be provided to the county agency before benefits are issued for the second month, or any subsequent months, of the certification period. When the verification requirements are postponed the assistance group will be sent a notice of eligibility advising that no benefits for the second month will be issued until the postponed verification requirements are satisfied. When the assistance group does not satisfy the postponed verification requirements, the county agency does not need to contact the assistance group again. The assistance group must reapply and satisfy all verification requirements that were postponed or be certified under normal processing standards in order to receive SNAP benefits for subsequent months.

(2) For an assistance group applying after the fifteenth of the month, the county agency may postpone verification until the third month of participation, when necessary, to meet the expedited time frame. Upon determination of eligibility for the initial month and subsequent months the assistance group shall receive a combined allotment consisting of prorated benefits for the initial month of application and benefits for the first full month of participation within the expedited service time frame. When the verification requirements are postponed the assistance group shall be sent a notice of eligibility advising that no benefits for the third month will be issued until the postponed verification requirements are satisfied. When the assistance group does not satisfy the postponed verification requirements the county agency does not need to contact the assistance group again. The assistance group must reapply and satisfy all verification requirements that were postponed or be certified under normal processing standards in order to receive SNAP benefits for subsequent months.

(K) Is there a limit on the number of times an assistance group can be certified under the expedited process?

There is no limit to the number of times an assistance group can be certified under the expedited procedures, so long as prior to each expedited certification, the assistance group either completes the verification requirements that were postponed at the last expedited certification or was certified under normal processing standards since the last expedited certification. Expedited service provisions do not apply for recertification (i.e., when the assistance group recertifies before the end of its current certification period).

Last updated April 1, 2026 at 8:20 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-11 Food assistance: determining eligibility of assistance groups with income from self-employment.

(A) How is self-employment income determined?

(1) Averaging self-employment income

(a) Self-employment income is to be averaged over the period the income is intended to cover, even when the assistance group receives income from other sources. When the averaged amount does not accurately reflect the assistance group's actual circumstances because the assistance group has experienced a substantial increase or decrease in business, the county agency is to calculate the self-employment income on the basis of anticipated, not prior, earnings. When possible the county agency should secure a copy of the self-employed individual's tax return. The income listed on the previous year's tax return should be used to estimate the expected earnings.

The internal revenue service (IRS) publications: IRS publications 17, "Your Federal Income Tax"; and 334, "Tax Guide for Small Business"; provide detail on how self-employment income is handled for federal income tax purposes and can be accessed on the IRS website http://www.irs.gov.

(b) When the assistance group's self-employment enterprise has been in existence for less than a year, the income from the self-employment enterprise is to be averaged over the period of time the business has been in operation and the monthly amount projected for the coming year.

(2) Calculating monthly self-employment income

For the period of time over which self-employment income is determined the county agency is to:

(a) Add all gross self-employment income (either actual or anticipated as provided in paragraph (A)(1) of this rule) and capital gains (as provided in paragraph (B)(2) of this rule); then,

(b) Exclude the costs of producing the self-employment income (as determined in paragraph (C) of this rule); and

(3) Offsetting farm income losses

When the cost of producing self-employment income exceeds the income earned from self-employment, those losses are to be prorated in accordance with paragraph (A)(1) of this rule and then offset against countable income to the assistance group as follows:

(a) Offset farm self-employment income losses first against other self-employment income.

(b) Offset any remaining farm self-employment losses against the total amount of earned and unearned income after the earned income deduction has been applied.

(B) What are other income producing categories of self-employment?

(1) Income from rental property

(a) Income derived from rental property is considered earned income for the twenty per cent earned income deduction only when a member of the assistance group is actively engaged in the management of the property at least an average of twenty hours per week. Regardless, income from rental property always has the costs of doing business excluded.

(b) When management of the property for at least an average of twenty hours per week is not met, the net income is considered unearned income and the earned income deduction is not allowed.

(2) Capital gains

(a) The term "capital gains" as used by the internal revenue service (IRS) describes the handling of the profit from the sale or a transfer of capital assets used in a self-employment enterprise or securities, real estate, or other real property held as an investment for a set period of time.

(b) The proceeds from the sale of capital goods or equipment is to be calculated in the same manner as a capital gain for federal income tax purposes. Even when only fifty per cent of the proceeds from the sale of capital goods or equipment is taxed for federal income tax purposes, the county agency is to count the full amount of the capital gain as income for supplemental nutrition assistance program (SNAP) purposes.

(c) For assistance groups whose self-employment income is calculated on an anticipated (rather than averaged) basis in accordance with paragraph (A) of this rule, the county agency is to count the amount of the capital gains the assistance group anticipates receiving during the months the income is being averaged.

(d) Lump sum payments for the sale of property not connected with a self-employment enterprise will be treated in accordance with rules 5101:4-4-07 and 5101:4-4-13 of the Administrative Code.

The county agency may choose one of the following two methods:

(1) Fifty per cent standard deduction from gross self-employment income; or

(2) Actual deductions from the gross self-employment income.

(a) Allowable costs include but are not limited to:

(i) Identifiable costs of labor;

(ii) Stock;

(iii) Raw material;

(iv) Seed and fertilizer;

(v) Payments on the principal of the purchase price of income-producing real estate and capital assets;

(vi) Equipment, machinery and other durable goods;

(vii) Interest paid to purchase income-producing property;

(viii) Insurance premiums;

(ix) Taxes paid on income producing property;

(x) When the assistance group can document the costs on the portion of a home used in a self-employment enterprise are separate and identifiable, those costs may be included as costs of doing business.

(xi) The cost of doing business for boarders who are not included in the assistance group is to be considered in accordance with rule 5101:4-6-03 of the Administrative Code.

(xii) Business transportation costs. Use actual costs or the federal or state mileage reimbursement rate, whichever is higher. For example, when an individual drives to different work locations throughout the work day, the transportation costs to drive from one work location to the next work location would be allowable business transportation costs.

(b) Unallowable costs include but are not limited to:

(i) Net losses from previous periods;

(ii) Federal, state, and local income taxes;

(iii) Money set aside for retirement purposes;

(iv) Other work-related personal expenses, such as transportation to and from work. These expenses are accounted for by the twenty per cent earned income deduction described in rule 5101:4-4-23 of the Administrative Code; and

(v) Depreciation.

(D) Are assistance groups with individuals who are self-employed required to register for work?

The receipt of income from self-employment does not automatically exempt a member from the work registration requirement. The member is to be actively engaged in the enterprise on a day-to-day basis, and the county agency is to determine that the self-employment enterprise either:

(1) Requires at least thirty hours of work per week during the period of certification or an average of thirty hours per week on an annual basis; or

(2) When not generating thirty hours of work a week, is receiving weekly gross earnings at least equal to the federal minimum wage multiplied by thirty hours.

(E) What if a self-employed individual contracts work out?

When the assistance group member hires or contracts another person or firm to handle the daily activities of the self-employment, the member will not be considered as self-employed for the purpose of work registration unless the person continues to work at least thirty hours per week or receives the equivalent of the federal minimum wage multiplied by thirty hours from the self-employment business.

(F) Can seasonal work exempt an individual from the work registration requirement?

When on an annual basis the seasonal employment either averages thirty hours of work per week, or produces earnings averaging at least the federal minimum wage multiplied by thirty hours per week, the assistance group member engaged is exempt from registering even in non-work periods.

For example, when an individual works a minimum of one thousand five hundred sixty hours during the season (thirty hours times fifty-two) or earns the equivalent of this multiplied by the federal minimum wage, he or she is exempt from work registration even during the off-seasons. When the annual average does not meet the minimum for exemption, the member is to register for work unless another exemption is met.

Last updated January 2, 2025 at 8:52 AM

History

Effective: January 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-13 Food assistance: determining eligibility of assistance groups with ineligible members.

When an assistance group member cannot participate because he or she: has committed an intentional program violation, is a fleeing felon, is sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code, has a social security number (SSN) disqualification, has failed to comply with an Ohio works first (OWF) requirement as described in rule 5101:4-3-09 of the Administrative Code, is an ineligible able-bodied adult without dependents, is an individual who has self-attested to being convicted of and is out of compliance with terms of a sentence for crimes described in rule 5101:4-2-03 of the Administrative Code, or is an ineligible alien, the eligibility and benefit level of any remaining assistance group members shall be determined in accordance with the procedures described in this rule.

(A) How is the eligibility and benefit level determined for an assistance group that contains a member who has committed an intentional program violation, has a fleeing felon disqualification, has been convicted of and is out of compliance with the terms of a sentence for crimes described in rule 5101:4-2-03 of the Administrative Code, or is sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code?

(1) The income and resources of the ineligible member(s) shall count in their entirety and the entire assistance group's allowable earned income, medical, dependent care, legally obligated child support, and excess shelter deductions shall continue to apply to the remaining assistance group members.

(2) The ineligible member shall not be included when determining the assistance group size for the purposes of:

(a) Assigning a benefit level to the assistance group;

(b) Comparing the assistance group's monthly income with the income eligibility standards; or

(3) A notice of adverse action is not required when an individual with an intentional program violation is removed during the certification period as described in rule 5101:6-2-05 of the Administrative Code. The county agency shall notify the remaining members of their eligibility at the same time the excluded member is notified of his or her intentional program violation.

(4) A notice of adverse action shall be sent to the remaining assistance group members when a fleeing felon or a sanctioned individual is removed during the certification period as described in rule 5101:6-2-04 of the Administrative Code.

(5) No assistance group's benefit allotment shall be increased as a result of the exclusion of a member who has committed an intentional program violation, has a fleeing felon disqualification or is sanctioned.

(B) How is the eligibility and benefit level determined for an assistance group that contains a member who has a SSN disqualification, is an ineligible able-bodied adult without dependents or is an ineligible alien as described in rule 5101:4-3-07 of the Administrative Code?

(1) The resources of the ineligible member shall continue to count in their entirety to the remaining assistance group members.

(2) A pro rata share of the ineligible member's income shall be counted as income to the remaining members. This pro rata share is calculated as follows:

(a) Subtract the allowable exclusions from the ineligible member's income;

(b) Divide the income evenly among the assistance group members (including the ineligible member); and

(3) The county agency shall not include the resources and income of an ineligible alien's sponsor and the sponsor's spouse.

(4) The twenty per cent earned income deduction shall apply to the prorated income earned by the ineligible member that is attributed to the remaining assistance group members.

(5) The portion of the assistance group's allowable child support payment, shelter and dependent care expenses that are either paid by or billed to the ineligible members shall be divided evenly among the assistance group's members including the ineligible members. All but the ineligible members' share is counted as a deductible child support payment, shelter or dependent care expense for the remaining assistance group members. When the assistance group is eligible for one of the utility allowances the utility allowance shall not be prorated.

(6) The ineligible members shall not be included when determining the assistance group's size to:

(a) Assign benefit level to the assistance group;

(b) Compare the assistance group's monthly income with the income eligibility standards; or

(7) A notice of adverse action shall be sent to the remaining assistance group members when a member described in paragraph (B) of this rule is removed during the certification period as described in rule 5101:6-2-04 of the Administrative Code.

(C) How is the eligibility and benefit level determined for an assistance group that contains a member who is sanctioned under rule 5101:4-3-09 of the Administrative Code?

(1) The resources of the ineligible member shall continue to count in their entirety.

(2) A pro rata share of the ineligible member's income shall be counted as income to the remaining members. This pro rata share is calculated as follows:

(a) Subtract the allowable exclusions from the ineligible member's income;

(b) Divide the income evenly among the assistance group members (including the ineligible members); and

(3) The twenty per cent earned income deduction shall apply to the prorated income earned by such ineligible members that is attributed to the remaining assistance group members.

(4) The portion of the assistance group's allowable child support payment, shelter and dependent care expenses that are either paid by or billed to the ineligible members shall be divided evenly among the assistance group's members including the ineligible members. All but the ineligible member's share is counted as a deductible child support payment, shelter or dependent care expense for the remaining assistance group members. When the assistance group is eligible for one of the utility allowances the utility allowance shall not be prorated.

(5) The ineligible members shall not be included when determining the assistance group's size to:

(a) Assign a benefit level to the assistance group;

(b) Compare the assistance group's monthly income with the income eligibility standards; or

(6) No assistance group's benefit allotment shall be increased as a result of the exclusion of one or more assistance group members as described in rule 5101:4-6-16 of the Administrative Code.

(7) A notice of adverse action shall be sent to the remaining assistance group members when a member as described in paragraph (C) of this rule is removed during the certification period as described in rule 5101:6-2-04 of the Administrative Code.

Last updated November 1, 2021 at 8:37 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-15 Food assistance: determining eligibility of an assistance group when other non-assistance group members share the same address.

A non-assistance group (AG) member is a member of the household who is not included in the AG as defined in rule 5101:4-2-03 of the Administrative Code, such as: an individual who purchases and prepares separately, a roomer, live-in attendant, boarder, or an ineligible student.

(A) How are the income and resources of non-AG members treated?

For all non-AG members who are not specifically mentioned as an ineligible member in rule 5101:4-6-13 of the Administrative Code, the income and resources of such individuals shall not be considered available to the AG with whom the individual resides.

(B) How are cash payments made by a non-AG member to an AG member treated?

Cash payments from a non-AG member to an AG will be considered income under the normal income standards specified in rule 5101:4-4-19 of the Administrative Code, unless the non-AG member is making a payment directly to the vendor. Payments made directly to a vendor shall be excluded as income.

(1) When the AG member shares deductible expenses with the non-AG member, only the amount actually paid or contributed by the AG shall be deducted as an AG expense.

(2) When the payments or contributions cannot be differentiated, the expenses shall be prorated evenly among the individuals actually paying or contributing to the expense and only the AG's prorated share is deducted. If the AG is eligible for a utility allowance, the utility allowance is not prorated.

(3) When the non-AG member and any AG member contributes to the costs of any utility covered under one of the utility allowances as described in rule 5101:4-4-23 of the Administrative Code, the AG is entitled to the full utility allowance.

(D) How is the income of an AG member determined when the income is combined with the income of a non-AG member?

When the income of one or more AG members and the income of a non-AG member are combined, the income of the AG members shall be determined as follows:

(1) When the AG member's share can be identified, the county agency shall count that portion as income; or

(2) When the AG member's share cannot be identified, the county agency shall prorate the income among all those whom it was intended for and only count the AG's prorated share.

Last updated October 1, 2026 at 9:28 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-16 Food assistance: reduction of cash assistance benefits due to assistance group's failure to perform a required action.

(A) When are supplemental nutrition assistance program (SNAP) benefits not to be increased?

The county agency shall not increase the SNAP allotment as the result of a decrease in Ohio works first (OWF) when the decrease is due to the failure of an assistance group member to perform a required action. OWF benefits shall be considered decreased when reduced, suspended or terminated.

(B) What is considered a failure to perform a required action?

(1) Failure to perform a required action shall be limited to a situation when benefits are being received and then decreased. The individual must be certified for SNAP benefits at the time of the failure to perform a required action for this rule to apply.

(2) Failures to perform a required action include:

Ohio works first:

(a) Learnfare failure as described in rule 5101:1-3-14 of the Administrative Code.

(b) Intentional violation of program requirements disqualification as described in rule 5101:1-23-75 of the Administrative Code.

(d) Fraud provisions (assistance group ineligibility) as described in rule 5101:1-23-75 of the Administrative Code.

(e) Refusal to accept unconditionally available income as described in rule 5101:1-3-14 of the Administrative Code.

(f) Refusal of a minor parent to reside in an adult-supervised living arrangement as described in rule 5101:1-3-03 of the Administrative Code.

(g) Failure of a learning, earning and parenting (LEAP) participant to perform a required action with the high school equivalency diploma as described in rule 5101:1-23-50 of the Administrative Code.

(h) Imposition of a LEAP sanction (does not apply to situations where the LEAP bonus is not paid, but no sanction is imposed) as described in rule 5101:1-23-50 of the Administrative Code.

(i) Failure to perform a required action with a provision of the OWF self-sufficiency contract as described in rule 5101:1-3-14 of the Administrative Code.

(j) Residence fraud as described in rule 5101:1-3-14 of the Administrative Code, that does not result in a period of ineligibility for SNAP benefits for the individual(s) who was convicted.

(C) How are SNAP benefits affected when there is a penalty in both SNAP and OWF programs for the same failure to perform a required action?

(1) The appropriate SNAP penalty shall be applied.

(2) After the SNAP penalty is applied (i.e. individual failing or refusing is removed from the assistance group), the allotment is calculated based on the new assistance group size and the actual benefit amount issued by the OWF program, if any. When there is no increase, the calculated allotment shall be issued. For example, when a penalty occurs in the OWF program and a penalty is also applied to the SNAP OWF member, the SNAP allotment is calculated based on a zero OWF grant and one less member in the assistance group.

(3) When the allotment calculation results in a greater amount of SNAP benefits than the assistance group was receiving prior to the OWF penalty, the county agency shall issue the SNAP allotment being issued prior to the month of the OWF penalty. The county agency shall then subtract the allotment that the assistance group was receiving prior to the OWF penalty from the newly calculated allotment. This difference is the amount by which the SNAP benefits cannot increase when other changes occur. The calculated difference shall continue to be the amount deducted from a newly calculated allotment when other changes unrelated to the failure to perform a required action occur for the duration of the penalty.

(4) After the SNAP penalty is served, if there are any remaining months of the OWF penalty to be served, SNAP benefits shall not be increased during the remaining month(s) of the OWF penalty due to the decrease in the payments.

(D) How are SNAP benefits calculated when there is no penalty in SNAP for failure to perform a required action but there is a penalty for OWF?

When there is no penalty in SNAP for a failure to perform a required action with the OWF program, the county agency shall calculate the SNAP benefits using the OWF benefit amount that would be issued if no penalty had been imposed. When the OWF benefit amount cannot be specifically identified, the prohibition on increased SNAP benefits do not apply.

(E) How are SNAP benefits calculated when there is a recoupment and a reduction of benefits?

(1) When an assistance group is subject to both a recoupment and a reduction for the same act of noncompliance, SNAP benefits shall be calculated based on the amount of the OWF benefit prior to recoupment and reduction.

(2) Monies that are voluntarily or involuntarily withheld from OWF, or returned to repay a prior overpayment that is not considered a failure to complete a required action, shall be handled as recoupments in accordance with rule 5101:4-4-13 of the Administrative Code.

(F) How long does the prohibition on increasing SNAP benefits apply?

The prohibition on increasing SNAP benefits applies for no longer than the duration of the decrease in OWF. When the penalty is still in effect at the end of one year, the county agency shall review the case to determine if the penalty continues to be appropriate. For example, when the assistance group is still not receiving OWF after one year, it may not be appropriate to continue the penalty. Penalties extended beyond one year shall be reviewed at least annually but may be ended by the county agency at any time when appropriate. The penalty shall be concurrent with the reduction in the other assistance program to the extent allowed by normal SNAP change processing and notice procedures. When the county agency can no longer determine the amount of the reduction in assistance, the county agency must document the case accordingly and end the SNAP penalty.

(G) What requirements must the county agency meet to comply with this rule?

(1) The county agency shall lift the ban on increasing SNAP benefits when it becomes aware that the person is ineligible for OWF during the disqualification period for some other reason.

(2) The county agency shall not decrease or terminate an assistance group's current SNAP allotment when the assistance group's benefits under another assistance program, other than OWF, have been decreased due to a failure to perform a required action of that program.

(3) When an individual joins a new assistance group, the prohibition on increasing SNAP benefits shall be applied unless that person is ineligible for the assistance program for some other reason. When an individual moves to a new state, the prohibition on increasing benefits shall not be applied.

(4) The county agency shall restore lost benefits when necessary in accordance with rule 5101:4-8-03 of the Administrative Code when it is later determined that the reduction in the OWF benefit was not appropriate.

(5) The county agency shall act on changes that are not related to the assistance group's violation and that would affect the assistance group's benefits.

Last updated September 1, 2021 at 8:31 AM

History

Effective: September 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-19 Food assistance: determining eligibility of supplemental security income assistance groups.

Supplemental security income (SSI) assistance groups are those in which all members are applicants for, or recipients of SSI as defined in rule 5101:4-2-03 of the Administrative Code. SSI assistance groups, who are not certified for supplemental nutrition assistance program (SNAP) benefits, have not applied for SNAP benefits during the previous thirty days, and do not have an application for SNAP pending have the option of applying for SNAP benefits at their local social security administration district office or at the local county agency. The county agency shall not require persons potentially eligible for SSI to make application for SSI benefits as a condition of SNAP eligibility.

(A) What are the eligibility standards for SSI assistance groups?

SSI assistance groups applying simultaneously for SSI and SNAP benefits are subject to SNAP eligibility criteria until the assistance group is considered categorically eligible. However, when each assistance group member receives or is authorized to receive Ohio works first (OWF), SSI, or a temporary assistance to needy families (TANF) funded service, or any combination of these benefits, the assistance group is categorically eligible as described in rule 5101:4-2-02 of the Administrative Code.

(B) What forms are required for SSI assistance groups?

The following forms are required:

(1) JFS 07200, "Application for Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or Child Care Assistance."

(2) JFS 01846, "Case Worksheet-Cash, Food Stamps, and Medical Assistance Interview" shall be completed by the social security administration when a telephone interview is completed.

(C) How are applications for individuals participating in the social security administration's prerelease program processed?

(1) An assistance group that consists of a resident or residents of a public institution(s) that applies for SSI under the social security administration's prerelease program for the institutionalized is allowed to apply for SNAP benefits jointly with their application for SSI prior to their release from the institution. These applications will be forwarded to the county agency by the social security administration. The application used for prerelease applicants will be the JFS 07200, to be followed by an interactive interview.

(2) The county agency is to make an eligibility determination and issue SNAP benefits to a resident of a public institution who applies jointly for SSI and SNAP within thirty days following the date of the applicant's release from the institution. Expedited processing time standards for an applicant who has applied for SNAP and SSI prior to release is to begin on the date of the applicant's release from the institution. In addition, if, for any reason, the county agency is not notified on a timely basis of an applicant's release date from a public institution, the county agency is to restore benefits.

(D) What is the social security administration's responsibility?

In accordance with 7 C.F.R. 273.2 (3/2023), the social security administration is required to:

(1) Inform an applicant for or recipient of social security benefits under Title II of the Social Security Act of 1935 or SSI of the availability of benefits under the SNAP program and the availability of a SNAP application at the social security administration office.

(2) Accept all SNAP applications received at the social security administration office from SSI assistance groups and forward them within one working day after receipt of a signed application to the county agency. The social security administration is to also forward to the county agency a transmittal form. The prerelease applications will be forwarded to the county agency consistent with the above timeframe. The social security administration will later notify the county agency of the applicant's impending release date. Note: counties are required to keep local social security administration offices supplied with the JFS 07200, and the JFS 01846.

(3) Prescreen all applications for entitlement to expedited services on the day the application is received at the social security administration and shall mark "Expedited Processing" on the first page of all applications that appear to be entitled to such processing. The social security administration will inform assistance groups that appear to meet the criteria for expedited service that benefits may be issued a few days sooner if the assistance group applies directly at the county agency. The assistance group may take the application to the county agency for screening, an interview, and processing of the application.

(4) Send information to SSI assistance groups redetermined for SSI by mail of their right to file a SNAP application at the social security administration or at their local SNAP office.

(E) What are the interview requirements for SSI assistance groups when the interview is completed at the social security administration?

(1) In accordance with 7 C.F.R. 273.2(k), when the social security administration completes an interactive interview for SNAP on the telephone with a member of an SSI assistance group, the social security administration is required to complete a JFS 01846 during the telephone interview. In these cases, the JFS 07200 is required to be mailed to the claimant for signature and returned to the social security administration or county agency. The social security administration is required to forward any SNAP applications it receives to the county agency within one working day.

(2) The social security administration will provide the county with documentation (i.e., photocopies) of items that must be verified (e.g., income) if the applicant is in possession of such documents at the time of the interview.

(3) The county agency shall not require the assistance group to be interviewed again and it shall not contact the assistance group further in order to obtain additional information unless:

(a) The application is improperly completed;

(b) Mandatory verification is missing; or

(4) In accordance with rule 5101:4-2-09 of the Administrative Code, the county agency shall obtain the needed documentation for verification purposes. County agencies have the option of verifying SSI benefit payments through the state data exchange (SDX) and the beneficiary data exchange (BENDEX). For prerelease applications the county agency should obtain whatever additional information is available from the social security administration at the time of release or if necessary contact the applicant/institution to obtain needed information.

(F) What is the county agency's responsibility?

The county agency shall:

(1) In accordance with rule 5101:4-2-07 of the Administrative Code, the county agency shall conduct an interactive interview with the applicant upon receipt of a JFS 07200, unless one was already completed by the social security administration as described in paragraph (E)(3) of this rule. The county agency shall make an eligibility determination and issue SNAP benefits to eligible SSI assistance groups within thirty days following the date the application was received by the social security administration. Applications shall be considered filed for normal processing purposes when the signed application is received by the social security administration.

(2) Prescreen all applications received from the social security administration for entitlement to expedited service on the day the application is received. All SSI assistance groups entitled to expedited service shall be certified in accordance with applicable regulations except that the expedited processing time standard shall begin on the date the application is received at the correct county agency office.

(3) Restore benefits to an assistance group that were lost because of an error by the county agency or by the social security administration through joint processing. Such an error shall include, but not be limited to, the loss of an applicant's application after it has been filed with social security administration.

Last updated October 2, 2023 at 8:31 AM

History

Effective: October 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-26 Food assistance: group living arrangements.

(A) What is a group living arrangement?

A group living arrangement is a public or private non-profit residential setting that:

(1) Provides its residents with a majority of their meals (over fifty per cent of their meals daily);

(2) Has no more than sixteen residents; and

(3) Is certified by a public agency of the state of Ohio under section 1616(e) of the Social Security Act of 1935 (42 U.S.C. 1382e) (12/1999), or under comparable standards determined by the secretary of the United States department of agriculture (USDA).

(B) What are the requirements a group living arrangement is to meet for its residents to be eligible to receive supplemental nutrition assistance program (SNAP) benefits?

(1) Non-profit: the group living arrangement may be operated by a public agency or private organization but is to be considered non-profit as defined in section 501 of the Internal Revenue Code (26 U.S.C. 501) (12/2019).

(a) The group living arrangement may verify its non-profit status by verifying that it is authorized by the USDA food and nutrition service (FNS) to accept SNAP benefits or by providing other documents.

(b) The verification of non-profit status may be contained in the license or certificate issued by the appropriate state agency. Not all group living arrangements certified or licensed by the state of Ohio are non-profit organizations.

(2) Sixteen or fewer residents: in order to participate in SNAP under this rule, the maximum number of residents in the group living arrangement is sixteen. Not all residents have to be eligible for SNAP benefits for others to be eligible. For example: when there are sixteen residents in a group home and ten apply and only nine are found eligible, the ineligibility of the one person does not affect the eligibility of the others.

(3) Certification and licensure: the group living arrangement is to be certified or licensed by an agency of the state of Ohio that is authorized under section 1616(e) of the Social Security Act of 1935 (42 U.S.C. 1382e), or under standards determined by the USDA secretary. Section 1616(e) of the Social Security Act (42 U.S.C. 1382e) requires Ohio to designate one or more state agencies with the authority to set and enforce standards for various types of group living arrangements. The county agency is to review the license or certificate of the particular group living arrangement.

The designated state agencies, their responsibilities, and the statutory references are:

(1) Ohio department of mental health - licensing of residential facilities (section 5119.34 of the Revised Code; Chapter 5122:3-1 of the Administrative Code).

(2) Ohio department of developmental disabilities - licensing of residential facilities for individuals with a developmental disability (section 5123.19 of the Revised Code; Chapter 5123:2-3 of the Administrative Code).

(3) Ohio department of aging - certifying adult foster homes for older adults and investigating complaints of individuals residing in facilities licensed by the Ohio department of health (Chapter 173. of the Revised Code; agency 173 of the Administrative Code).

(4) Ohio department of job and family services - licensing of group homes for children (section 5103.03 of the Revised Code; Chapter 5101:2-9 of the Administrative Code).

(D) What type of residents are eligible to live in a group living arrangement and still be eligible for benefits?

The resident(s) are to be blind or disabled as defined in the definition of "elderly or disabled member" as described in rule 5101:4-1-03 of the Administrative Code. Aged residents who are not also blind or disabled are not eligible.

(E) How can individuals living in a group living arrangement apply for benefits?

(1) Disabled or blind residents of a group living arrangement may apply for benefits through:

(a) An authorized representative employed and designated by the group living arrangement;

(b) An authorized representative of their choice; or

(2) The group living arrangement is to determine when a resident may apply on their own behalf based on the resident's physical and mental ability.

(3) Some residents of the group living arrangement may apply on their own behalf while other residents of the same group living arrangement may apply through the group living arrangement's representative.

(F) What is the county agency to do before certifying any individuals residing in a group living arrangement?

The county agency is to verify that the group living arrangement meets the requirements described in paragraph (B) of this rule.

(G) How is assistance group composition determined for an individual residing in a group living arrangement?

(1) When the residents apply on their own behalf, the assistance group size is determined in accordance with the definition of assistance group in rule 5101:4-2-03 of the Administrative Code. The county agency is to certify these residents using the same provisions that apply to all other assistance groups.

(2) When the residents apply through the use of the group living arrangement's authorized representative, their eligibility is to be determined as a one-person assistance group.

(H) How can food be purchased in a group living arrangement setting?

(1) When the residents are certified on their own behalf, the benefits may be returned to the group living arrangement to be used to purchase meals served communally or individually to eligible residents or retained and used to purchase and prepare food for their own consumption.

(2) The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis when the residents normally obtain their meals at a central location as part of the group living arrangement's service or when meals are prepared at a central location for delivery to individual residents.

(3) When personalized meals are prepared and paid for with SNAP benefits, the group living arrangement is to ensure that the resident's benefits are used for meals intended for that resident.

(I) What are the responsibilities of the group living arrangement facility?

The group living arrangement is to:

(1) Provide a list of SNAP participants: on a periodic basis as determined by the county agency each group living arrangement is to provide the county agency with a list of currently participating residents and include a statement signed by the group living arrangement official attesting to the validity of the list.

(2) Cooperate with on-site visits: the group living arrangement is to cooperate with the county agency when conducting periodic random on-site visits to the facility to assure the accuracy of the list and that the county agency's records are consistent and up-to-date. The frequency of these visits are determined by the county agency. During the visit, the county agency may also verify other information needed to certify the facility's residents.

(3) Report when an assistance group leaves: the group living arrangement is to notify the county agency when an assistance group has left the group living arrangement and provide the residents with their electronic benefit transfer (EBT) card within five days of the assistance group's departure. When the assistance group has already left the center, the center is to return the EBT card to the county agency within five calendar days. The assistance group, not the group living arrangement, is allowed to sign for and receive any remaining benefits authorized.

(4) Report changes: when the resident has made application on their own behalf, the resident is responsible for reporting changes to the county agency as described in rule 5101:4-7-01 of the Administrative Code. When the group living arrangement is acting as the authorized representative, the group living arrangement is to notify the county agency, as described in rule 5101:4-7-01 of the Administrative Code, of changes in the assistance group's circumstances.

(5) Loss, misuse or overpayment: the group living arrangement is responsible for any misrepresentation or intentional program violation that it knowingly commits in the certification of residents. As an authorized representative described in rule 5101:4-2-05 of the Administrative Code, the group living arrangement is to be knowledgeable about assistance group circumstances and is to carefully review those circumstances with residents prior to applying on their behalf. The group living arrangement is strictly liable for all losses or misuse of benefits held on behalf of resident assistance groups and for all overpayments that occur while acting as an authorized representative. However, the group living arrangement is not responsible for any misrepresentation or intentional program violation when a resident has made application on their own behalf. The resident applying on their own behalf is responsible for overpayments as would any other assistance group.

(J) What is the group living arrangement to do with the remaining benefits when an assistance group leaves?

(1) When no benefits have been spent on behalf of the individual assistance group, the facility is to return the full value of any benefits already debited from the assistance group's current monthly allotment back into the assistance group's EBT account at the time the individual leaves the facility. These procedures are applicable at any time during the month.

(2) When the benefits have already been debited from the EBT account and any portion spent on behalf of the assistance group, the following procedures are to be followed:

(a) When the benefits have already been issued and the assistance group leaves the group living arrangement, prior to the sixteenth day of the month, the facility is to provide the assistance group with one half of its monthly allotment.

(b) When the assistance group leaves on or after the sixteenth day of the month and benefits have already been debited and used, the assistance group does not receive any benefits.

(3) The group living arrangement is to, when possible, provide the assistance group with a change report form to report the change of address and any other change in circumstances after leaving the group living arrangement. The group living arrangement is to also advise the assistance group to return the form to the appropriate county agency within the timeframe outlined in rule 5101:4-7-01 of the Administrative Code.

(4) The group living arrangement is to notify the county agency when the assistance group leaves by sending a completed JFS 04196, "Food Assistance Change Reporting" to the agency informing the agency of the assistance group's change in address, new address when available, and that the group living arrangement is no longer the assistance group's authorized representative.

(5) The group living arrangement is to return any EBT cards not provided to departing residents at the end of each month to the county agency.

(K) Can a group living arrangement redeem SNAP benefits?

Under the USDA FNS regulations, the only way a group living arrangement can redeem benefits is when the group living arrangement is certified as a retail food store. To become an authorized SNAP retailer the group living arrangement is to:

(1) Contact USDA FNS to apply to become a retailer.

(2) The group living arrangement authorized by USDA FNS as a retail food store may be penalized or disqualified when it is determined administratively or judicially that benefits were misappropriated or used for purchases that did not contribute to a certified assistance group's meals.

(L) What should a county agency do when it believes a group living arrangement is inappropriately using benefits?

The county agency is to:

(1) Promptly notify USDA FNS that an organization or institution is misusing benefits in its possession. However, the county agency is to take no action prior to USDA FNS action against the organization or institution.

(2) When the USDA FNS disqualifies the group living arrangement as an authorized retail food store, the county agency is to suspend the authorized representative status for the same time; but residents applying on their own behalf will still be able to participate when otherwise eligible.

(3) Establish a claim for overpayment when an overpayment is discovered during an investigation or hearing procedure for redemption violations in accordance with paragraph (I)(5) of this rule.

Last updated December 2, 2024 at 8:38 AM

History

Effective: December 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-27 Food assistance: shelters for battered persons and their children.

(A) What requirements must a shelter for battered persons and their children meet for residents to be eligible for supplemental nutrition assistance program (SNAP)?

The shelter must:

(1) Be a public or private non-profit residential facility;

(2) Serve battered persons and their children; and

(3) When the facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons and their children.

(B) What are the county agency's responsibilities prior to determining eligibility of an individual in a shelter?

(1) The county agency shall confirm and document that the shelter meets the requirements described in paragraph (A) of this rule.

(2) Shelters already authorized by the United States department of agriculture (USDA) food and nutrition service (FNS) as retailers shall be considered as meeting the definition and the county agency is not required to make any further determination.

(3) The county agency shall maintain a list of shelters meeting the definition.

Residents shall be certified as individual assistance groups (AGs) rather than considered as part of a single AG consisting of all shelter residents.

(D) Can an individual that is currently on an open SNAP case be certified as a separate AG when he or she becomes a resident of a shelter?

When an individual becomes a resident of a shelter and applies for SNAP, the county agency shall:

(1) When determining eligibility, verify whether the individual's open SNAP case was certified with or without the abuser.

(a) Certified with the abuser: shelter residents who are included in an already certified AG may still apply and, when otherwise eligible, participate in the program and be certified as a separate AG when they were previously certified with the individual who subjected them to abuse.

(b) Certified without the abuser: individuals leaving a certified AG not containing the person who subjected them to abuse are not allowed to be certified in two AGs at one time. They should get their share of the benefits from the current AG. Duplicate participation is limited to those shelter residents who were forced to leave their prior place of residence because of the person who abused them.

(2) Take prompt action to ensure that the former AG's eligibility or allotment reflects the change in the AG's composition in accordance with rule 5101:4-7-01 of the Administrative Code.

(3) Issue a notice of adverse action in accordance with rule 5101:6-2-04 of the Administrative Code.

(4) In situations where two or more counties share one shelter, the county agency accepting the application from the individual shall take action in accordance with rule 5101:4-7-01.1 of the Administrative Code, when necessary.

(E) How are income, resources, and expenses of shelter residents treated?

Shelter residents who apply as separate AGs shall be certified solely on the basis of their income, resources and expenses for which they are responsible. They shall be certified without regard to the income, resources, and expenses of their former AG. Jointly held resources shall be considered inaccessible in accordance with rule 5101:4-4-07 of the Administrative Code. Room payments to the shelter shall be considered as shelter expenses.

(F) Can shelter residents receive expedited service?

Shelter residents are entitled to expedited service when they meet the criteria described in rule 5101:4-6-09 of the Administrative Code.

(G) Can a shelter redeem SNAP benefits?

Under the USDA FNS regulations, the only way a shelter can redeem benefits is when the shelter is classified as a SNAP retail food store. To become an authorized SNAP retailer the shelter must:

(1) Be tax exempt as determined by the internal revenue service;

(2) Have a portion of the facility set aside on a long-term basis to shelter battered persons and their children when they serve other groups of individuals;

(3) Be a residence that serves meals or provides food to its residents; and

(4) Contact USDA FNS to apply to become a retailer. The shelter authorized by USDA FNS as a retail food store may be penalized or disqualified when it is determined administratively or judicially that benefits were misappropriated or used for purchases that did not contribute to a certified AG's meals.

Last updated August 3, 2026 at 8:14 AM

History

Effective: August 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-29 Food assistance: elderly and disabled individuals living with others.

(A) Can individuals who are elderly and disabled be certified for supplemental nutrition assistance program (SNAP) benefits separately from individuals they purchase food and prepare meals with?

(1) Elderly individuals, age sixty and older, who are disabled as described in paragraph (B) of this rule may be permitted separate assistance group status when they meet the following criteria:

(a) The income of the individuals with whom the elderly and disabled individual resides does not exceed one hundred sixty-five per cent of the poverty level; and

(b) The disabled individual is unable to purchase food and prepare his or her own meals.

(2) When an individual meets these criteria, both the individual with their spouse may be granted separate assistance group status, even when the spouse does not meet the criteria.

(B) What is the disability criteria to be certified for SNAP separately?

The disability shall be considered permanent under the Social Security Act of 1935 or be a nondisease-related, severe, permanent disability. "Disability" as described in this rule is not the same as "disabled member" as described in rule 5101:4-1-03 of the Administrative Code. The key factor in determining whether or not the disability would qualify an individual for separate assistance group status under this provision is an inability to purchase and prepare meals because of the disability.

Disability shall be verified by one of the following procedures:

(1) A county agency shall use the social security administration's most current list of disabilities as the initial step for verifying if a person has a permanent disability under the Social Security Act of 1935.

(2) When it is obvious to the county agency that the person is unable to purchase and prepare meals because he or she suffers from a severe physical or mental disability, even when the disability is not specifically mentioned on the Social Security Act list, additional verification is not needed and the nature of the disability shall be documented in the case file.

(3) When the disability is not obvious to the county agency, the person shall be required to provide a statement from a physician or licensed or certified psychologist certifying that the person is unable to purchase and prepare meals because he or she suffers from one of the non obvious disabilities mentioned in the Social Security Act list or from some other severe, permanent physical or mental disease or nondisease-related disability.

(D) How is the income of the other individuals in the home determined?

(1) After an elderly individual has been determined disabled in accordance with this rule, the following must occur:

(a) The gross income of the others with whom the individual resides must be considered, as if the others were applying for SNAP;

(b) The gross monthly income of the others are to be compared to the one hundred sixty-five per cent of the federal poverty level for that assistance group size; and

(c) The income of the individual who is elderly and disabled and their spouse shall not be included in the calculation, nor are the elderly and disabled individual and their spouse to be considered assistance group members for this purpose.

(2) The elderly and disabled individuals who wish to be a separate assistance group shall be responsible for obtaining the cooperation of the individuals with whom they reside in providing necessary income information to the county agency.

(3) Income of the others with whom the elderly and disabled individuals live shall be verified as if the others were also applying for program participation, as discussed in rule 5101:4-2-09 of the Administrative Code.

(E) Are shared expenses prorated?

Once separate assistance group status has been established, county agencies shall prorate any expenses shared by the elderly and disabled individual's assistance group and the others with whom the elderly and disabled assistance group resides. When the assistance group is eligible for one of the utility allowances, the utility allowance shall not be prorated.

Last updated October 2, 2023 at 8:32 AM

History

Effective: October 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-31 Food assistance: sponsored aliens.

This rule sets forth who is a sponsored alien, when a sponsor's income and resources are counted to determine eligibility and the county agency's responsibilities.

(A) Who is a sponsored alien?

A sponsored alien is an alien for whom a person (the sponsor) has executed an affidavit of support (INS form I-864 or I-864A) (10/2019) with the United States citizenship and immigration services (USCIS) on behalf of the alien pursuant to section 213A of the Immigration and Nationality Act of 1952.

(B) When are the income and resources of the alien's sponsor and sponsor's spouse counted?

The county agency must attribute a portion of the sponsor and sponsor's spouse's income and resources until the alien gains U.S. citizenship, has worked or can receive credit for forty qualifying quarters of work as described in rule 5101:4-3-07 of the Administrative Code, or the sponsor dies.

(1) A portion of the sponsor and sponsor's spouse's monthly income shall be counted as unearned income to the sponsored alien's assistance group (AG). The monthly income of the sponsor and the sponsor's spouse shall be determined in accordance with rules 5101:4-4-19 and 5101:4-4-13 of the Administrative Code at the time the AG containing the sponsored alien applies or is recertified minus the deductions listed as follows:

The county agency shall:

(a) Apply the twenty per cent earned income deduction to the earned income of the sponsor and the sponsor's spouse; and

(b) Subtract an amount equal to the monthly gross income standard for an AG equal in size to the sponsor, the sponsor's spouse, and any other person who is claimed or who could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

(2) The county agency shall consider as income to the alien any money the sponsor or the sponsor's spouse pays to the eligible sponsored alien, but only to the extent the money exceeds the amount attributed to the sponsored alien in accordance with paragraph (C)(1) of this rule.

(3) When the alien has already reported gross income information for his or her sponsor in compliance with Ohio works first (OWF) sponsored alien rule 5101:1-2-35 of the Administrative Code, the county agency may use that income amount for the supplemental nutrition assistance program (SNAP).

(D) What portion of the sponsor and sponsor's spouse's resources are attributed to the sponsored alien?

The county agency must attribute the total amount of the resources of the sponsor and the sponsor's spouse as determined in rule 5101:4-4-01 of the Administrative Code reduced by fifteen hundred dollars.

(E) How are the income and resources of the sponsor and sponsor's spouse attributed when he or she sponsors multiple aliens?

When a sponsored alien can demonstrate to the county agency's satisfaction that his or her sponsor is the sponsor of other aliens, the county agency shall divide the income and resources attributed under paragraphs (C) and (D) of this rule by the number of such sponsored aliens.

(F) When are the sponsor and sponsor's spouse's income and resources not attributed to the sponsored alien?

The county agency shall not attribute a portion of a sponsor and sponsor's spouse's income or resources when the sponsored alien is:

(1) An alien who is a member of his or her sponsor's AG.

(2) An alien who is sponsored by an organization or group as opposed to an individual.

(3) An alien who is not required to have a sponsor under the Immigration and Nationality Act, such as a refugee, a parolee, an asylee, or a Cuban or Haitian entrant.

(4) An ineligible alien as described in rule 5101:4-3-07 of the Administrative Code.

(5) An indigent alien that the county agency has determined is 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(s).

(a) For purposes of this paragraph, the phrase "is unable to obtain food and shelter" means that the sum of the eligible sponsored alien's AG's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed one hundred thirty per cent of the federal poverty income guideline for the AG's size. In accordance with rule 5101:4-4-11 of the Administrative Code, the one hundred thirty per cent of the federal poverty income guideline amounts are issued through a food assistance change transmittal and adjusted annually.

(b) The county agency must determine the amount of income and other assistance provided in the month of application. When the alien is indigent, the only amount that the county agency shall attribute to an indigent alien will be the amount actually provided for a period beginning on the date of the determination and ending after twelve months. Each indigence determination is renewable for additional twelve-month periods.

(6) A battered alien spouse, alien parent of a battered child, or child of a battered alien, for twelve months after the county agency determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After twelve months, the county agency shall not attribute the batterer's income and resources when the battery is recognized by a court or the USCIS and has a substantial connection to the need for benefits (for guidance, see the department of justice interim guidance published on November 17, 1997 (62 C.F.R. 61344)), and the alien does not live with the batterer.

(7) A child who is under eighteen years of age.

(G) What are the responsibilities of the sponsored alien?

(1) Obtaining the cooperation of the sponsor and sponsor's spouse and for providing the county agency at the time of application and reapplication with the information and documentation necessary to calculate deemed income and resources.

(2) Providing the names and other identifying factors of other aliens for whom the alien's sponsor has signed an affidavit of support. The county agency shall attribute the entire amount of income and resources to the sponsored alien until he/she provides the information in this paragraph.

(3) Reporting the required information about the sponsor and sponsor's spouse should the alien obtain a different sponsor during the certification period and for reporting a change in income should the sponsor or the sponsor's spouse change, lose employment or die during the certification period. Such changes shall be handled in accordance with timeliness standards and procedures described in rule 5101:4-7-01 of the Administrative Code.

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

(1) The county agency shall notify the state agency when it determines a sponsored alien is indigent, including the names of the sponsor and sponsored alien involved, so the information can be forwarded to the attorney general.

(2) The county agency shall exclude any sponsor who is participating in SNAP from any demand for restitution as set forth in 8 C.F.R. 213a.4(a) (4/2026) for the value of SNAP benefits issued to an eligible sponsored alien he or she sponsors.

(I) What happens when the sponsored alien does not cooperate with providing necessary information and verifications?

(1) Until the sponsored alien provides information or verification necessary to carry out the provisions of this rule and meets the provisions described in rule 5101:4-2-01 of the Administrative Code, the sponsored alien is ineligible. The county agency shall determine the eligibility of any remaining AG members. The county agency shall consider the income and resources of the ineligible alien (excluding the income and resources of the alien's sponsor and the sponsor's spouse) in determining the eligibility and benefit level of the remaining AG members.

(2) When the county agency subsequently receives the information or verification, it shall act on the information as a reported change to the AG members in accordance with the provisions of rule 5101:4-7-01 of the Administrative Code.

(3) When the same sponsor is responsible for the entire AG, the entire AG is ineligible until such time as the AG provides the needed sponsor information or verification. The county agency shall assist aliens in obtaining verification in accordance with the provisions of rule 5101:4-2-09 of the Administrative Code.

Last updated October 1, 2026 at 9:28 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-6-32 Food Assistance: substantial lottery and gambling winnings.

Supplemental nutrition assistance program (SNAP) assistance groups (AGs) that include any member that receives substantial lottery or gambling winnings, as defined in rule 5101:4-1-03 of the Administrative Code, during their certification period are ineligible for SNAP.

(A) What are the responsibilities of an AG when any member receives substantial lottery or gambling winnings?

The AG is to report to the county agency the receipt of substantial lottery or gambling winnings in accordance with the reporting requirements and time frames outlined in rule 5101:4-7-01 of the Administrative Code.

(B) What are the responsibilities of the county agency when any AG member receives substantial lottery or gambling winnings?

The county agency is to:

(1) Consider only the portion of the winnings allocated to the member of the AG when multiple individuals share in the purchase of a ticket, hand, or a similar bet;

(2) Follow the procedures described in rule 5101:4-7-01 of the Administrative Code to clarify information that is obtained from a match or a source other than the AG, or when the information obtained is incomplete or otherwise unclear;

(3) Disqualify the entire AG and discontinue benefits; and

(4) Send a notice of adverse action in accordance with rule 5101:6-2-04 of the Administrative Code.

(1) When there have not been changes to the AG composition after a disqualification for substantial lottery or gambling winnings,to end the disqualification and regain eligibility the AG is to:

(a) Complete the application process as defined in rule 5101:4-2-01 of the Administrative Code;

(b) Have eligibility determined without waiving the income and resource eligibility factors in accordance with rule 5101:4-2-02 of the Administrative Code; and

(c) Have not improperly transferred resources for the purpose of qualifying or attempting to qualify for SNAP as described in rule 5101:4-4-09 of the Administrative Code; or

(2) When there have been changes to the AG composition after a disqualification for substantial lottery or gambling winnings, all AG members may regain eligibility when the AG requests benefits and all eligibility factors have been met; or

(3) When at least one of the originally discontinued AG members has regained eligibility and then the original AG requests benefits together, the disqualification is to be ended and the AG may regain eligibility when the AG requests benefits and all eligibility factors have been met.

Last updated April 1, 2026 at 8:42 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Chapter 5101:4-7 Changes During the Certification Period; Income Eligibility Verification System (IEVS); Systematic Alien Verification for Entitlements (SAVE)

Ohio Adm.Code 5101:4-7-01 Food assistance: reporting requirements during the certification period.

Every assistance group (AG) receiving supplemental nutrition assistance program (SNAP) benefits is to report certain changes that affect eligibility. Reporting requirements ensure AGs receive an accurate SNAP benefit amount and that only AGs who remain eligible continue to receive SNAP benefits.

(A) What are the requirements for reporting changes?

AGs are advised of their reporting requirements during their initial interview, on the notice of approval and/or notice of change at application, recertification, and any time a change in SNAP benefits occur.

(1) During the certification period, an AG is to report the following changes within ten days following the end of the month in which the change first occurred:

(a) When their gross monthly income exceeds the monthly poverty income guideline:

(i) AGs determined eligible with their gross monthly income at or below one hundred thirty per cent of the monthly poverty income guideline for their AG size are to report when their gross income exceeds one hundred thirty per cent of the monthly poverty income guideline for their AG size.

(ii) AGs determined eligible with their gross monthly income above one hundred thirty per cent of the monthly poverty income guideline for their AG size, who are eligible because of notification of the Ohio careline services as outlined in rule 5101:4-2-02 of the Administrative Code, are to report when their gross income exceeds two hundred per cent of the monthly poverty income guidelines for their AG size.

(iii) The AG is to use the monthly gross income limit for the AG size that existed at the time of its most recent certification or recertification, regardless of any changes in the AG size. This includes income from any new AG members that are to be included in the AG as outlined in rule 5101:4-2-03 of the Administrative Code.

(b) When an able-bodied adult (ABA) subject to the work requirements and time limit changes work hours that bring the individual below twenty hours per week or eighty hours per month, as defined in rule 5101:4-3-13 of the Administrative Code; and

(c) When any member of the AG wins substantial lottery or gambling winnings as defined in rule 5101:4-1-03 of the Administrative Code.

(2) The following AGs are subject to the interim reporting requirements as described in paragraph (F) of this rule:

(a) AGs certified for twelve months are to submit an interim report prior to the end of the sixth month of the certification period.

(b) Elderly or disabled AGs (ED AG) certified for thirty-six months as described in rule 5101:4-5-03 of the Administrative Code do not have to submit an interim report. However, when there is a case change processed and they are no longer an ED AG, the AG is to submit an interim report every six months for the duration of their certification period.

(B) How does an AG report changes that occur before or after the interim report is due?

The AG may report changes as follows:

(1) In person, electronically, over the telephone, or via mail.

(2) By returning a JFS 04196, "Food Assistance Change Reporting," or its electronic equivalent.

The county agency is to provide a JFS 04196 or its electronic equivalent to AGs at application, recertification, upon request, and whenever the AG returns a change report form. The county agency is to pay the postage for return of the form.

(1) When changes are reported by the AG, the county agency is to:

(a) Document the date a change is reported, whether in person, electronically, over the telephone, via mail, or a JFS 04196 or its electronic equivalent.

When the AG submits a JFS 04196 or its electronic equivalent to report a change, the county agency is to provide the AG with another form.

(b) Process all reported changes within ten days to determine whether the change is to be acted on or held until the AG's next interim report or recertification, whichever occurs first.

(c) When the reported change affects the AG's eligibility or SNAP benefit amount, the AG is to receive notification of the adjustment.

(2) When the AG reports a change in accordance with paragraph (A)(1) of this rule or a change that is not a change in deductions, the county agency is to:

(a) Update the case as necessary and act on the change in accordance with paragraph (J) of this rule, when the reported change is considered verified upon receipt and no additional information is needed.

(b) When the reported change is not considered verified upon receipt or additional information is necessary, issue a JFS 07105, "Verification Request Checklist" identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the change in accordance with paragraph (J) of this rule.

(ii) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, propose termination of SNAP benefits and issue a notice of adverse action in accordance with rule 5101:6-2-04 of the Administrative Code.

(3) When the AG reports a change in a deduction other than shelter costs, the county agency is to issue a JFS 07202, "Notice About Your SNAP Benefits," identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(a) When the AG responds and provides sufficient information, update the case as necessary and act on the change in accordance with paragraph (J) of this rule.

(b) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, remove the expense and adjust SNAP benefits in accordance with paragraph (J) of this rule.

(4) When the AG reports a change in shelter costs without a change of address, the county agency is to:

Issue a JFS 07201, "Courtesy Letter," identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(a) When the AG responds and provides sufficient information, update the case as necessary and act on the change in accordance with paragraph (J) of this rule.

(b) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, take no action on the change until the AG's next interim report or recertification, whichever occurs first.

When the AG provides verification at a later date, the change is based on the date verification is provided rather than from the date the change is reported.

(5) When the AG reports a change of address that is not questionable, the county agency is to update the AG's address in the Ohio benefits integrated eligibility system, and:

(a) When the address provided by the AG is an address within the state:

(i) Issue a JFS 07201, identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(ii) When the AG responds and provides sufficient information, update the case as necessary and act on the change in accordance with paragraph (J) of this rule.

(a) Provide the AG with the JFS 07217, "Voter Registration Notice of Rights and Declination" and JFS 07200-VR, "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); and

(b) Follow the procedures described in rule 5101:4-7-01.1 of the Administrative Code when the AG moved outside the county or county collaboration where it is currently participating.

(b) When the address provided by the AG is an address outside of the state, propose termination of SNAP benefits. A notice of adverse action is not necessary in accordance with of rule 5101:6-2-05 of the Administrative Code and the change is to be made effective no later than the month following the change.

(6) When the AG reports that an AG member is meeting a general work requirement or an ABA work requirement exemption as described in rule 5101:4-3-11 of the Administrative Code, the county agency is to:

(a) Apply the new exemption and stop assigning countable months, unless the county agency determines the information is questionable.

(b) When the county agency determines the information is questionable, attempt to verify the exemption using information available to the county agency.

(c) When the county agency is unable to verify the exemption using available information issue a JFS 07201, identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code and the date in which it is to be returned, and allow the AG ten days to respond.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(ii) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, take no action on the case. The individual remains subject to the work requirement until the exemption is verified.

When the AG provides verification at a later date, the change is based on the date verification is provided rather than from the date the change is reported.

(D) How is unclear information received before or after the interim report is due processed?

During the certification period, the county agency may obtain unclear information from a third party about an AG's circumstances from which the county agency cannot readily determine the effect on the AGs continued eligibility for SNAP, or in certain cases, SNAP benefit amount. Unclear information is information that is not verified, or information that is verified but the county agency needs additional information to act on the change. When unclear information is received, the county agency is to maintain documentation within the Ohio benefits integrated eligibility system capable of withstanding a third-party review of the information received and the actions taken to resolve the information.

(1) The county agency is not to act on changes in medical expenses it learns of from a source other than the AG and that, in order to take action, warrants the county agency to contact the AG for verification. The county agency is to only act on changes in medical expenses reported from a source other than the AG when those sources are verified upon receipt and do not necessitate contact with the AG.

(2) When the unclear information received is from a prisoner verification system or a deceased matching system, the county agency is to:

Review the information and compare it to the information on the case, and when the information in the match is unknown:

(a) Resolve the information with the AG; or

(b) When the information cannot be resolved with the AG, issue a JFS 07105, identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(ii) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, remove the individual subject to the match and their income from the AG, adjust SNAP benefits accordingly, and issue a notice of adverse action in accordance with rule 5101:6-2-04 of the Administrative Code.

(3) When the unclear information indicates the AG failed to report the information at initial SNAP certification or recertification, including but not limited to, information that the AG had knowledge of at the time of SNAP certification or recertification but failed to report, falsified information, or when the unclear information is less than sixty days old relative to the currently month of participation, and if true, were to be reported in accordance with paragraph (A)(1) of this rule, the county agency is to:

Review the information and compare it to the information on the case, and when the information in the match is unknown:

(a) Resolve the information with the AG; or

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(4) When the unclear information received is from the national accuracy clearinghouse (NAC) data match system indicating an AG member has applied for or is in receipt of SNAP benefits in another state, the county agency is to process these matches in accordance with rule 5101:4-7-10 of the Administrative Code.

(5) When the county agency receives returned mail, the county agency is to:

(a) Review the case file to verify whether the AG reported a new address or a correction to the existing address is necessary.

(b) When the county agency determines a new address was previously reported, follow the process outlined in paragraph (C)(5) of this rule.

(c) When nothing indicates a new or corrected address is needed in accordance with paragraph (D)(5)(a) of this rule, or the mail sent to the new or corrected address is returned, attempt to contact the AG by telephone to confirm the address.

(i) When the county agency confirms the current address is correct and the AG has not moved, clearly document the information in the Ohio benefits integrated eligibility system and resend the returned mail.

(ii) When the county agency confirms a new address with the AG, follow the process outlined in paragraph (C)(5) of this rule.

(d) When the county agency is unable to reach the AG by telephone and the returned mail contains a United States postal service (USPS) in state forwarding address, the county is to follow the process described in paragraph (C)(5) of this rule.

(e) When the county agency is unable to reach the AG by telephone and the returned mail contains a USPS out of state forwarding address, or no forwarding address, the county agency is to issue a JFS 07105, identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

The JFS 07105 is to be sent to the address in the Ohio benefits integrated eligibility system, and when available, to the forwarding address provided by the USPS.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the change in accordance with paragraph (J) of this rule, when applicable.

(6) When the unclear information does not indicate that follow up is necessary, the county agency is to take no action on the information until the AG's next interim report or recertification, whichever occurs first.

(E) How is information that was held during the certification period by the county agency processed at the AG's interim report or recertification?

(1) Once the AG has completed the interim report process, the county agency is to resolve any information that was held.

(a) Resolve the information with the AG; or

(b) When the information cannot be resolved with the AG and the information was held in accordance with paragraphs (C)(4) to (C)(5) of this rule, issue a JFS 07202 identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(ii) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, remove the expense and adjust SNAP benefits in accordance with paragraph (J) of this rule.

When the AG provides verification at a later date, the change is based on the date verification is provided rather than from the date the change is reported.

(c) When the information cannot be resolved with the AG and the information was held in accordance with paragraph (D)(6) of this rule, issue a JFS 07105, identifying the documentation that is to be provided to clarify the AG's circumstances as described in rule 5101:4-2-09 of the Administrative Code, the date in which it is to be returned, and allow the AG ten days to respond.

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(2) As part of the recertification process, the county agency is to resolve any information that was held in accordance with paragraph (D)(6) of this rule.

(a) Resolve the information with the AG; or

(i) When the AG responds and provides sufficient information, update the case as necessary and act on the information in accordance with paragraph (J) of this rule, when applicable.

(ii) When the AG does not respond or responds but fails to provide sufficient information to clarify its circumstances, remove any unverified expense(s) and adjust SNAP benefits in accordance with paragraph (J) of this rule or deny SNAP benefits.

(F) What is the interim report and when is it considered complete?

(1) The interim report provides the county agency with updated information on the AG's circumstances. AGs subject to the interim reporting requirements as described in paragraph (A)(2) of this rule are to sign and submit a complete JFS 07221, "SNAP Assistance Interim Report" or JFS 07223, "SNAP Interim Report Reminder."

(2) A JFS 07221 will be sent to the AG during:

(a) The fifth month of a twelve month certification period; or

(b) Month five, eleven, seventeen, twenty-three, and twenty-nine for AGs that are no longer an ED AG unless there is less than six months in the certification period.

(3) When the county agency does not receive a completed interim report by the fifteenth day of the month that the interim report was issued, a JFS 07223 is to be sent to the AG.

(4) For a JFS 07221 or JFS 07223 to be considered complete, the AG is to:

(a) Document any changes on the JFS 07221 or JFS 07223 as described in paragraph (G) of this rule;

(b) Provide verification of changes reported in accordance with rule 5101:4-2-09 of the Administrative Code; and

(c) Sign the JFS 07221 or JFS 07223. The signature may be handwritten or electronic as described in rule 5101:4-2-01 of the Administrative Code.

(5) When the AG fails to return a completed JFS 07221 or JFS 07223 by the end of the month following the month that the interim report was issued, the county agency is to propose termination of SNAP benefits.

(G) What changes are to be reported on the interim report?

AGs subject to the interim reporting requirements are to report the following changes on the JFS 07221 or JFS 07223:

(1) Changes in the AG's composition, including the addition or removal of an AG member;

(2) Changes in an AG member's rate of pay, employment status, or place of employment;

(3) When an ABA subject to the work requirement and time limit changes work hours that bring the individual below twenty hours per week or eighty hours per month, as described in rule 5101:4-3-13 of the Administrative Code;

(4) A change of more than one hundred twenty-five dollars in the AG's total unearned income;

(5) When any member of an AG wins substantial lottery or gambling winnings as defined in rule 5101:4-1-03 of the Administrative Code.

(6) When the AG moves and the resulting shelter and utility cost changes due to the change of address; and

(7) Changes in an AG member's child support obligation.

(H) What are the methods for filing an interim report?

An AG may submit an interim report to the county agency:

(1) In person;

(2) Through an authorized representative;

(3) By fax;

(4) By electronic transmission; or

(5) By mail.

(I) How is the interim report processed?

(1) When the AG returns a complete JFS 07221 or JFS 07223 as described in paragraph (F)(4) of this rule, the county agency is to:

(a) Mark the interim report as received in the Ohio benefits integrated eligibility system;

(b) Process any changes reported in accordance with paragraph (J) of this rule; and

(2) When the AG returns an incomplete JFS 07221 or JFS 07223, the county agency is to determine whether the AG failed to sign the interim report, provide verification of a mandatory change, or provide verification of a non-mandatory change.

(a) When the AG failed to sign the interim report or provide verification of a mandatory change as described in paragraphs (G)(1) to (G)(5) of this rule, the county agency is to document receipt of the incomplete interim report in the case file and allow the Ohio benefits integrated eligibility system to issue the JFS 07223 or auto-discontinue SNAP benefits, when applicable.

(b) When the AG failed to provide verification of a non-mandatory change as described in paragraphs (G)(6) to (G)(7) of this rule, the county agency is to:

(i) Mark the interim report as received in the Ohio benefits integrated eligibility system;

(ii) Process any changes reported and verified in accordance with paragraph (J) of this rule;

(iii) Remove the unverified expense and adjust SNAP benefits in accordance with paragraph (J) of this rule; and

(iv) Document the case file.

(J) What are the timeframes in which the county agency is to act on a change that is considered verified upon receipt and no additional information in needed?

(1) Changes that increase SNAP benefits:

For changes that result in an increase in SNAP benefits, the county agency is to make the increase effective no later than the first allotment issued ten days after the date the change was reported to the county agency, unless reported after the twentieth of the month. However, in no event are these increases to take effect any later than the month following the month in which the change is reported. Therefore, when the change is reported after the twentieth of a month and it is too late to adjust the following month's benefit amount, the county agency is to authorize supplemental benefits by the tenth calendar day of the following month, or the AG's normal issuance cycle in that month, whichever is later. Restoration of lost SNAP benefits is to be provided to any AG when the county agency fails to take action on a change that increases benefits within the time limits specified in this paragraph.

(a) For example, an AG reporting a one hundred dollar decrease in income any time during May would have its June allotment increased. When the AG reports the change after the twentieth of May and it is too late for the county agency to adjust the allotment normally issued on June first, the county agency would authorize a supplement for the amount of the increase by June tenth.

(b) Exception: An AG reporting the theft of income normally received during the month is not entitled to additional SNAP benefits. It is the responsibility of the provider of the income to make whatever restitution that may be appropriate. The loss is not deducted from income to the AG nor is it counted as income when and/or when it is replaced.

(2) Changes that decrease SNAP benefits:

For changes that result in a decrease in SNAP benefits, or the AG becomes ineligible as a result of the change, the county agency is to issue a notice of adverse action within ten days of the date the change was reported. When a notice of adverse action is used, the decrease in SNAP benefits is to be made effective for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested. When a notice of adverse action is not used due to one of the exceptions of rule 5101:6-2-05 of the Administrative Code, the decrease is to be made effective no later than the month following the change.

(K) When should a county agency reinstate benefits without a new application?

The county agency is to reinstate an AG's benefits without a new application when:

(1) The AG returns requested mandatory verifications or takes a necessary action within thirty days of the effective termination date. SNAP benefits are to be prorated from the date the verifications are returned or the action was taken, following the procedure set forth in rule 5101:4-4-27 of the Administrative Code.

However, when the eligibility factor is met or the action is taken in the last month of the certification period or outside of a certification period, SNAP benefits are to not be reinstated. The AG is to complete a recertification as described in rule 5101:4-7-07 of the Administrative Code.

(2) Any AG whose SNAP benefits have been terminated in accordance with paragraph (F)(5) of this rule submits a completed JFS 07221 or JFS 07223 as described in paragraph (F)(4) of this rule within thirty days of the effective termination date. The county agency is to prorate the AG's SNAP benefits beginning the day the completed JFS 07221 or JFS 07223 is returned.

(L) What happens when a county agency discovers an AG failed to report a change?

When the county agency discovers that the AG failed to report a required change and, as a result, received benefits to which it was not entitled, the county agency is to file a claim against the AG as described in rule 5101:4-8-15 of the Administrative Code. When the discovery is made within the certification period, the AG is entitled to a notice of adverse action when its benefits are reduced or terminated. An AG is to not be held liable for a claim because of a change in AG circumstances that it is not required to report.

Last updated April 1, 2026 at 8:46 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-01.1 Food assistance: Inter-county transfer.

This rule describes the procedures that a county agency is to follow when it discovers that the county of residence for a supplemental nutrition assistance program (SNAP) assistance group (AG) has changed during the certification period.

(A) What is the transfer procedure when an AG reports a change in their county of residence?

(1) When the information is reported to the county agency that serves the county where the AG 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 AG's change in residence and any additional information reported by the AG; 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 (C)(2) of this rule.

(2) When the information is reported to a county agency other than the one where the AG 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 AG is currently participating of the change in residence. Upon receiving the notification, the county agency where the AG is currently participating is to act in accordance with paragraph (A)(1) of this rule.

(B) What is the transfer procedure when a county agency obtains information that a SNAP AG has changed its county of residence, but the change cannot be readily verified?

(1) When the county agency that obtained the information is also where the AG is currently participating, the county agency is to verify the potential change in circumstance in accordance with rule 5101:4-7-01 of the Administrative Code.

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

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

(b) Notify the county agency where the AG is currently participating of the potential change in residence. Upon receiving the notification, the county agency where the AG is currently participating is to verify the potential change in circumstance in accordance with rule 5101:4-7-01 of the Administrative Code.

(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) Within twenty-four hours of a case being transferred, the county agency where the AG is currently participating is to:

(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 AG 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) The county agency where the AG moved to is to process changes in accordance with rule 5101:4-7-01 of the Administrative Code.

Last updated April 1, 2026 at 8:43 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-03 Food assistance: Mass change during the certification period.

What is a mass change?

A mass change is initiated by the state or federal government that may affect the entire caseload or significant portions of the caseload. These changes include, but are not limited to, adjustments to the income eligibility standards, the shelter and dependent care deduction, the maximum supplemental nutrition assistance program (SNAP) allotment, and the standard deduction; annual and seasonal adjustments to the state's utility standards; periodic cost-of-living adjustments to retirement, survivors, and disability insurance (RSDI), supplemental security income (SSI), and other federal benefits; periodic adjustments to Ohio works first (OWF) ; and other changes in the eligibility and benefit criteria based on legislative or regulatory changes. Federal adjustments to the eligibility standards, allotments and deductions, and state adjustments to utility standard shall go into effect for all assistance groups at a specific point in time. State annual adjustments of the utility standards shall go into effect for all affected assistance groups at the same time.

(A) What are the notice requirements for a mass change?

County agencies shall publicize these mass changes through the news media, through posters in certification offices, issuance locations, or other sites frequented by certified assistance groups, or through general notices mailed to assistance groups. The county agency shall notify adversely affected assistance groups of these mass changes in accordance with rule 5101:6-2-06 of the Administrative Code. In addition, any assistance group whose certification period overlaps an annual adjustment in the utility standard shall be advised at the time of initial certification of when the adjustment will occur and what the variation in the benefit level will be, if known.

(B) What are the requirements for mass changes on public assistance cases?

When the state agency makes an overall adjustment to public assistance payments, corresponding adjustments in the assistance group's SNAP benefits shall be handled as a mass change.

(1) More than thirty days advance knowledge

When the county agency has at least thirty days advance knowledge of the amount of the public assistance adjustment, the county agency shall recompute SNAP benefits to be effective in the same month as the public assistance change.

(2) Less than thirty days advance knowledge

When the county agency does not have sufficient notice, the change in SNAP benefits shall be effective no later than the month following the month in which the public assistance change was made.

The county agency shall establish procedures for making mass changes to reflect cost-of-living adjustments in benefits and any other mass changes under RSDI, SSI, and other programs such as veterans' assistance under Title 38 of the United States Code, (2020) and the black lung program, where information on cost-of-living adjustments is readily available and is applicable to all or a majority of those programs' beneficiaries.

(D) What is an assistance group's responsibility for reporting a change made in accordance with this rule?

Assistance groups shall not be responsible for reporting these changes. The county agency shall be responsible for automatically adjusting an assistance group's SNAP benefit level. These changes shall be reflected no later than the second allotment issued after the month in which the change becomes effective.

Last updated April 1, 2026 at 8:44 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-07 Food assistance: recertification.

(A) What is the recertification process?

(1) In accordance with rule 5101:4-5-03 of the Administrative Code, all supplemental nutrition assistance program (SNAP) assistance groups (AGs) are assigned a certification period for which they are eligible. An AG may not participate beyond the expiration of its assigned certification period without a determination of eligibility for a new period. AGs must apply for recertification and comply with interview and verification requirements.

(2) The county agency shall collect sufficient information and necessary verifications to ensure an accurate determination of eligibility and benefits as described in rule 5101:4-2-09 of the Administrative Code.

(3) When a national accuracy clearinghouse (NAC) match as described in rule 5101:4-7-10 of the Administrative Code is received, the county agency is to initiate action to resolve the match within ten days from the date of the match and notify the individual of the match of duplicate SNAP participation.

(4) AGs are to receive the Ohio benefits integrated eligibility system generated approval that contains websites that provide employment and training services when the AG:

(a) Contains a member that is subject to the work requirements;

(b) Contains at least one adult member;

(d) Has no earned income.

(5) AGs are to receive a written notice and an oral explanation of the specific work requirements each AG member is subject to in accordance with rule 5101:4-2-07 of the Administrative Code.

(6) The recertification process shall only be utilized for an AG that applies for recertification prior to the end of its current certification period, except for delayed applications as specified in paragraphs (H)(5) and (H)(6) of this rule.

(7) The county agency shall not recertify an AG without a signed application for recertification.

(B) How is an AG notified it is time for a recertification?

(1) The county agency shall provide an AG certified for expedited benefits a notice of expiration at the time of certification.

(2) All other certified AGs shall receive the Ohio benefits integrated eligibility system generated notice of expiration between the first and last day of the month prior to the month the certification period ends.

(1) When the AG indicates that it wishes to establish a filing date for its recertification prior to its interview, the AG shall be provided a JFS 07200, "Supplemental Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance and/or Child Care Assistance Application" or JFS 07204, "Request to Recertify for Supplemental Nutrition Assistance Program (SNAP), Cash and/or Child Care Assistance " and instructions to complete and submit the form. The AG shall be advised that the date of application for recertification will be established when the form is submitted with a name, address, and signature.

(2) The AG shall file an application for recertification using the JFS 07200, the JFS 07204, the electronic equivalent of the JFS 07200 or JFS 07204, or the telephonic equivalent of the JFS 07200 or JFS 07204.

(3) The AG shall be advised that the date of application for recertification will be established when the application is submitted with the minimum requirements of name, address, and signature as described in rule 5101:4-2-01 of the Administrative Code. When the completed application is received after business hours, the date of application shall be the next business day.

(4) When the Ohio benefits integrated eligibility system is unavailable or a home visit is necessary, the county agency shall complete the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview."

(5) When an interactive interview is conducted or a JFS 01846 was completed, the application date is established when the JFS 07200 or the JFS 07204 contains a name, address, and signature from an AG member or its authorized representative, and is received by the county agency.

(D) Is an interview required at the time of recertification?

(1) As part of the recertification process, the county agency shall conduct an interview with a member of the AG or its authorized representative. The standard interview practices in rule 5101:4-2-07 of the Administrative Code also apply to interviews for recertification.

(2) The county agency shall conduct a face-to-face interview or the telephonic equivalent. Telephone interviews may be conducted in lieu of a face-to-face interview unless the agency has determined the AG's situation requires a face-to-face interview or the AG requests a face-to-face interview. The county agency shall grant a telephone interview to any AG that requests one.

(3) When an interview is conducted but the AG does not submit an application for recertification, the county agency is to deny the recertification at that time or at the end of the certification period.

(4) Upon request, the county agency shall provide the AG with the JFS 04196, "Food Assistance Change Reporting."

(5) The county agency is to notify the AG of the date the verification is to be returned. The AG is to be allowed a minimum of ten days to provide required verification information.

(6) The county agency shall schedule interviews so that the AG has at least ten days after the interview in which to provide verification before the certification period expires. When an AG misses its scheduled interview, the county agency shall send the AG a JFS 04218, "Notice Of Missed Interview."

(a) When an AG misses its scheduled interview and requests another interview, the county agency is to schedule a second interview as described in rule 5101:4-2-07 of the Administrative Code.

(b) When an AG does not request to reschedule the interview but has submitted an application for recertification, the county agency is to deny the recertification thirty days following the date the application is received.

(E) What verification is needed at recertification?

(1) At recertification the county agency does not have to verify unchanged information unless the information is questionable or is more than sixty days old. The county agency is to verify information provided by the AG in accordance with rule 5101:4-2-09 of the Administrative Code.

(2) As part of the recertification process, the county agency is to resolve any information that was held in accordance with rule 5101:4-7-01 of the Administrative Code.

(F) When is an application for recertification considered timely?

(1) An AG certified for expedited benefits shall have fifteen days from the date the notice of expiration is received to file for recertification timely.

(2) AGs, except those certified for expedited benefits, that submit an application for recertification by the fifteenth day of the last month of the certification period shall be considered to have made a timely application for recertification.

(3) Any AG whose eligibility is not determined by the end of its current certification period due to the time period allowed for submitting any missing verification is to receive an opportunity to participate, when eligible, within five working days after the AG submits the missing verification. Benefits are not to be prorated.

(4) For AGs consisting of applicants or recipients of supplemental security income (SSI) that apply for SNAP recertification at the social security administration (SSA) office, the application shall be considered filed for normal processing purposes when the signed application is received by the SSA by the fifteenth day of the last month of the certification period.

(G) What are the processing timeframes for timely recertifications?

AGs certified under normal processing standards are to be provided an opportunity to participate by the AG's normal issuance cycle in the month following the end of its current certification period. AGs are to be notified of their eligibility or ineligibility by the end of their current certification period.

(H) What is delayed processing?

(1) When an eligible AG files an application before the end of the certification period, but the recertification process cannot be completed within thirty days after the date of the application because of the county agency, the county agency must continue to process the case and provide a full month's allotment for the first month of the new certification period.

(2) When an AG files an application before the end of the certification period, but fails to take a required action, the county agency may deny the case at that time, at the end of the certification period, or at the end of thirty days. Although the county agency may have the right to issue a denial prior to the end of the certification period, the AG has thirty days after the end of the certification period to complete the process and have its application treated as an application for recertification.

(3) When the AG takes the required action before the end of the certification period, the county agency shall reopen the case and provide a full month's benefit for the initial month of the new certification period.

(4) When the AG takes the required action after the end of the certification period, but within thirty days after the end of the certification period, the county agency shall reopen the case and provide retroactive benefits to the date the AG took the required action.

(5) When an AG files an application within thirty days after the end of the certification period, the application shall be considered an application for recertification; however, benefits shall be prorated in accordance with rule 5101:4-4-27 of the Administrative Code and the application shall be processed within timeframes for processing initial applications as described in rule 5101:4-2-01 of the Administrative Code.

(6) When an AG's application for recertification is delayed beyond the first of the month of what would have been its new certification period through the fault of the county agency, the county agency shall provide restored benefits back to the date the AG's certification period should have begun.

(7) The county agency shall determine cause for any delay in processing an application for recertification in accordance with the provisions of rule 5101:4-5-07 of the Administrative Code.

(I) Do the expedited service provisions apply at recertification?

(1) The expedited service provisions of rule 5101:4-6-09 of the Administrative Code are not applicable when the AG applies for recertification before the end of its current certification period.

(2) When the date of application for recertification is after the certification period has expired, the AG may be entitled to expedited services when the AG's circumstances fall within the expedited criteria in accordance with rule 5101:4-6-09 of the Administrative Code.

(3) AGs that are certified for expedited benefits are to be notified of their eligibility within twenty-four hours or seven days depending on the expedited services for which they qualify.

Last updated April 1, 2026 at 8:43 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-08 Food 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 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 day according to the requirements of 42 U.S.C. 653a (1/2021).

(B) How is the new hire information used?

(1) In accordance with section 3121.898 of the Revised Code, the county agency is to use the state directory of new hires information to ensure all employment information has been reported, verified, and used appropriately when determining supplemental nutrition assistance program (SNAP) benefits. Alerts are generated in the Ohio benefits integrated eligibility system when there is a match with new hire information.

(2) In accordance with 7 U.S.C. 2020(e)(24) (12/2022), the county agency is to use the national directory of new hires information to ensure all employment information has been reported, verified, and used appropriately when determining eligibility for SNAP benefits at certification and recertification. Alerts are generated in the Ohio benefits integrated eligibility system when there is a match with national new hire information.

Upon receipt of a new hire match, the county agency is to follow the procedures described in rule 5101:4-7-01 of the Administrative Code to determine how to act on the information.

Last updated April 1, 2026 at 8:43 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-7-09 Food assistance: state income and eligibility verification system.

(A) What is the state income and eligibility verification system (IEVS) match?

An IEVS match is income, resource, and benefit information that has been requested by the Ohio department of job and family services (ODJFS) or the county agency. Through IEVS, ODJFS and the county agency can request information from the agencies identified in paragraph (B) of this rule and use it to verify eligibility and determine the amount of benefits. IEVS information shall be requested and used with respect to all assistance group (AG) members. This includes ineligible AG members as described in rule 5101:4-6-13 of the Administrative Code, whenever the social security numbers (SSNs) of such ineligible AG members are available to the county agency.

(B) What benefit information is collected through IEVS, what agency is it from, and is it verified upon receipt?

Benefit information collected through IEVS is to be acted on in accordance with paragraph (E) of this rule before benefits are to be affected.

(1) State wage information collection agency (SWICA). Ohio employers report earnings information to SWICA quarterly and it is generally more current than federal wage information. However, none of the information is considered verified upon receipt.

(2) The social security administration (SSA). Income from self-employment, wages, federal retirement, and survivors, disability, supplement security income (SSI), and related benefit information maintained by the SSA. Employers provide wage and retirement information to the SSA on an annual basis. The SSA makes this information available pursuant to Section 6103 (l)(7)(A) of the Internal Revenue Service (IRS) Code of 1954.

(a) State verification and exchange system (SVES) allows SSN verification and the transfer of social security and SSI benefit information from the SSA. The information is considered verified upon receipt.

(b) Beneficiary and earnings data exchange (BENDEX). BENDEX matches provide earnings and benefit information from the SSA. This information is expected to duplicate most of the information provided by SWICA. However, the federal wage records match includes out-of-state employers and employers who do not report to SWICA. BENDEX matches may be eighteen months old or older due to the reporting requirements for employers and the time needed for the SSA to process the information. There is a lag time between from the source, reporting agency and ODJFS. Only the year of employment can be determined from the match. None of the information is considered verified upon receipt. Only by supplementing correct matches with employer verification can a determination be made of earnings received during an active certification period. This information may be a lead to current employment and should be used to check past eligibility.

(3) IRS. Unearned income information is obtained from the IRS and is available pursuant to Section 6103 (l)(7)(B) of the IRS Code of 1954. The IRS also provides income information based on 1099 data sent to the IRS. None of this information is considered verified upon receipt.

(4) The office of unemployment compensation within ODJFS. Subject to the provisions and limitations of Section 303 (d) of the Social Security Act of 1935, unemployment matches provide claim information regarding unemployment benefits as well as any additional useful information for verifying eligibility and benefits. This information is reported weekly as the payments are rendered to recipients and the information is considered verified upon receipt.

Data exchange agreements shall specify the information to be exchanged and the procedures that will be used to exchange the information. Policy regarding data exchange agreements is the responsibility of the office of fiscal and monitoring services within ODJFS. ODJFS maintains data exchange agreements with the agencies listed in paragraph (B) of this rule in order to exchange information with other agencies.

(D) Under what programs can ODJFS and the county agency exchange IEVS information?

ODJFS and the county agency may exchange IEVS information with other state agencies when it is determined that the information is being used for the same program determinations that include:

(1) Temporary assistance for needy families;

(2) Medicaid;

(3) Unemployment compensation;

(4) Supplemental nutrition assistance program (SNAP);

(5) Any state program administered under a plan approved under title I, X, or XIV adult categories, or title XVI of the Social Security Act of 1935; and

(6) Agencies administering the child support program (title IV-D of the Social Security Act) and titles II (federal old age, survivors, and disability insurance benefits) and title XVI (SSI for the aged, blind and disabled of the Social Security Act of 1935.)

(E) What should the county agency do when data exchange, including IEVS, information is received?

(1) Review the information and compare it to the information on the case;

(2) When the information received is considered verified upon receipt and no additional information is needed, the county agency is to act on the information within the timeframes as described in rule 5101:4-7-01 of the Administrative Code. Information considered verified upon receipt includes:

(a) Social security and SSI benefit information obtained from SSA SVES; and

(b) Unemployment compensation benefit information.

(3) When the information received is not verified or additional information is necessary, the county agency is to follow the procedures described in rule 5101:4-7-01 of the Administrative Code to determine how to act on the information.

(a) Verification is to include the amount of the asset or income involved, whether the AG actually has or had access to such asset or income and the period during which access occurred. The county agency is to obtain verification by contacting the AG or the appropriate source of the income, resource or benefit.

(b) Information that is not considered verified upon receipt includes:

(i) IRS information; and

(ii) Wage information from SSA BENDEX or SWICA.

(4) The county agency is to complete the actions specified in this paragraph within forty-five days from receipt of the information. Actions may be completed later than forty-five days from the match when the only reason the actions cannot be completed is the non-receipt of verification requests from collateral contacts and the actions are completed as specified in rule 5101:4-7-01 of the Administrative Code. The results of these actions should be documented on the compliance tracking screens in the Ohio benefits integrated eligibility system.

(5) When an overpayment is determined, the county agency is to establish and take action on claims as described in Chapter 5101:4-8 of the Administrative Code.

(F) What are the appropriate uses for data received through IEVS?

(1) The county agency shall use information obtained through IEVS to:

(a) Verify an AG's eligibility;

(b) Verify the proper amount of benefits;

(d) Obtain information that can be used in conducting criminal or civil prosecutions based on receipt of SNAP benefits to which participating AGs were not entitled.

(2) ODJFS may continue to use income information from an alternate source or sources to meet the requirements specified in this rule.

(G) What are the timeframes for the county agency to request and process the IEVS data?

(1) Information shall be requested at the next available opportunity after the date of application even when the applicant AG has been determined eligible by that time.

(2) Information about members of applicant AGs who cannot provide SSNs at application shall be requested at the next available opportunity after the county agency is notified of their SSNs.

(3) The county agency shall make eligibility and benefit determinations without waiting for receipt of IEVS data to comply with the promptness standard of rule 5101:4-2-11 of the Administrative Code.

(4) Information received from a source after an eligibility determination has been made shall be used as specified in paragraph (E) of this rule.

(H) Is there a requirement to safeguard matches with federal tax information?

(1) Matches containing federal tax information are confidential. The county agency shall ensure that the information is safeguarded as required in rule 5101:4-1-13 of the Administrative Code. The data shall be stored in an area that is physically safe from access by unauthorized individuals and the information cannot be commingled with the rest of the case record.

(2) Records destruction is addressed in rule 5101:9-9-21 of the Administrative Code. Division 5101:9 of the Administrative Code addresses access and safeguarding provisions for systems data.

(3) IRS, SSA and the United States department of agriculture (USDA) food and nutrition service (FNS) shall be permitted to make on site inspections to ensure that adequate safeguards are being maintained and that proper procedures are followed.

(I) What is considered proper disclosure of the IEVS data?

The IEVS match information shall only be disclosed in accordance with rule 5101:4-1-13 of the Administrative Code and used as discussed in paragraph (F) of this rule.

(J) Is a record of disclosure required when IEVS information is released?

IRS and SSA require ODJFS and the county agency to keep a record of any disclosure of federal tax information, including SSA match information, to any person or agency who is not an employee of ODJFS or the county agency. In accordance with rule 5101:9-9-21.1 of the Administrative Code, the record of the disclosure shall be retained in the case file for three years or the active life of the application, whichever is longer. In addition, the county agency shall record all disclosures in its central file of BENDEX. The record of disclosure shall contain:

(1) A description of the information disclosed;

(2) The date of the disclosure;

(3) The identity of the persons or agencies to whom the information was disclosed; and

(4) The purpose of the disclosure.

(K) Is there a penalty for improper disclosure of information?

Rule 5101:9-9-25 of the Administrative Code describes employee awareness requirements for unauthorized disclosure of IEVS and federal tax return information.

(L) Is it possible to receive a match error?

The validity of the IEVS match information is dependent upon the accuracy of the SSN supplied, the SSN contained in SSA's earnings file, and IRS's file. The accuracy of the SSN supplied by ODJFS is dependent upon the accuracy of the number provided by the county agency. SSA accuracy is dependent upon the accuracy of the reporting employer and the employee who supplies the SSN. Accuracy of the IRS information is dependent on the institution providing the information. An error from any one of these financial sources may cause the IEVS match to attribute earnings, benefits, or resources to an AG member that belongs to another person. Therefore, the county agency shall determine the match is valid prior to taking any action on benefits.

(M) How is an error in the data match detected?

When the name of the applicant or recipient is different than the name on the match, the match may be an error or it may be an indication of an intentional program violation. The agency worker shall make this decision based upon all of the information from the appropriate match source and the case file. The following are examples of possible reasons for conflicting information:

(1) At times the surnames do not match, but the given names match or are similar. Sometimes a maiden name is used for one activity and a married name for the other.

(2) The name and address of the employer may also give an indication about whether a discrepancy is a match error. For example, when the address of the employer is out of state it may indicate that the match is in error. However, because this could indicate the corporate office of a local business, this information should not be considered conclusive.

(N) How is an SSN validated?

Since an incorrect SSN that is undetected could cause incorrect overpayment charges, the county agency shall review the case file to determine how the number was verified at the time it was obtained. When there is no copy of the social security card in the case file, the county agency shall request the AG to provide it at that time. When the AG member no longer has the card, the county agency shall complete an JFS 07355 "Notice of Application for a Social Security Number" in order to verify the SSN with SSA files. The requirement to verify the SSN is the responsibility of the county agency, not the AG. All SSNs within IEVS are verified through SSA. The county agency may also complete the title II and title XVI SSA benefit information and SSN verification screen in the Ohio benefits integrated eligibility system to verify the SSN as long as all of the required information is returned on the screen.

(O) Is a match verification of earnings, dividends, or benefits?

An IEVS match is not verification of earnings, dividends, or benefits. It is only an indication that an AG member may have had income while receiving SNAP or that an AG member may have withheld income information. The match is an opportunity for the county agency to confirm an AG's previous statement. When there appears to have been unreported income, the county agency shall obtain actual verification from a third party to check previous eligibility.

Last updated April 1, 2026 at 8:44 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-10 Food assistance: national accuracy clearinghouse (NAC) data matches.

The NAC is an interstate matching system established by United States department of agriculture (USDA) food and nutrition service (FNS) to prevent the issuance of duplicate supplemental nutrition assistance program (SNAP) benefits to an individual in more than one state for the same month. Information obtained from NAC is to be used only for this purpose. When an individual is participating in SNAP in another state that is currently participating in NAC, a NAC match will be generated. The county agency is to document the match received in the case file and take the appropriate case action.

(A) What are the county agency's responsibilities when conducting a NAC inquiry?

When the county agency verifies the identity, social security number and residency of an individual in accordance with rule 5101:4-2-09 of the Administrative Code, the Ohio benefits integrated eligibility system will initiate a NAC inquiry at initial application, recertification, and when adding a new assistance group member.

(1) Within ten days from the date of receiving a NAC match result, the county agency is to initiate action to resolve the match in the Ohio benefits integrated eligibility system. When information known to the agency is used to resolve the match the assistance group is to be informed, and the case file documented.

When additional information is needed to resolve the match, notify the individual of the NAC match and request verification by sending the JFS 07000 "Notice of SNAP Participation Match in Another State," allowing the individual ten days to respond.

(2) When the individual does not respond to the JFS 07000, does respond but does not provide sufficient information or the county agency is unable to obtain necessary information to resolve the NAC match, benefits are to be denied or terminated, as the assistance group's eligibility cannot be determined.

(B) What are the county agency's responsibilities when a NAC match is received for an assistance group member during the certification period?

(1) Within ten days of receiving the NAC match result, the county agency is to remove the individual subject to the match and the individual's income from the assistance group and adjust the benefits accordingly.

The county agency is to issue a combined notice of match results and adverse action to notify the individual of the match and the consequences of failing to respond within ten days from the date of the notice to resolve the match. No additional noticing requirements are necessary.

(2) When the individual responds to the request and provides sufficient information to resolve the match, the county agency will adjust the benefits accordingly.

Last updated November 3, 2025 at 8:01 AM

History

Effective: November 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-11 Food assistance: providing replacement issuance to assistance groups and benefit card replacement.

County agencies are to provide replacement benefit issuances to an assistance group (AG) in accordance with paragraphs (A) to (G) of this rule when the AG reports that food purchased with supplemental nutrition assistance program (SNAP) benefits was destroyed in an AG misfortune. Lost or stolen benefits cannot be replaced.

When the AG reports that their SNAP electronic benefit transfer (EBT) card was lost, stolen or damaged, the county agency is to provide a replacement card to the AG in accordance with paragraphs (H) to (K) of this rule.

(A) How is a replacement benefit requested?

(1) Prior to issuing a replacement, the county agency is to obtain a signed JFS 07222, "Statement Requesting Replacement of Supplemental Nutrition Assistance Program (SNAP) Benefits," or its telephonic or electronic equivalent from a member of the AG or designated authorized representative attesting to the AG's loss.

(2) The JFS 07222 may be mailed to the county agency if the AG member is unable to come into the office because of age, handicap or distance from the office and is unable to appoint an authorized representative.

(3) A completed telephonic request includes:

(a) Documentation in the case file that the AG member or authorized representative has signed the request by providing verbal assent along with a summary of the information that was used to complete the statement of loss. The case file is to include their name, date and time of the request and their response indicating agreement or disagreement; and

(b) The agency is to send a written copy of the JFS 07004 "Request for Replacement of Supplemental Nutrition Assistance Program (SNAP) Benefits Summary" which includes instructions for correcting errors or omission of information from the statement of loss provided to the county agency.

(B) What are the time limit requirements for requesting and issuing replacement benefits?

(1) Replacement issuances are to be provided only when an AG timely reports a loss orally or in writing. The report will be considered timely if it is made to the county agency within ten days of the date food purchased with SNAP benefits was destroyed in an AG misfortune.

(2) Prior to issuing a replacement a JFS 07222 is to be received. The JFS 07222 is to be received within ten days of the date the misfortune was reported.

(3) Replacement issuances are to be provided to an AG within ten days after a loss is reported or within two working days of receiving the signed JFS 07222, whichever date is later.

(4) When the signed JFS 07222 is not received by the county agency within ten days of the date of reporting the misfortune, no replacement is to be made. When the tenth day falls on a weekend or holiday, and the JFS 07222 is received the day after the weekend or holiday, the county agency is to consider the JFS 07222 received timely. When the JFS 07222 is received more than ten days after the date of the report, a JFS 07235, "Action Taken on Your Request for Replacement of Food Assistance Benefits," or its computer-generated equivalent in accordance with Chapter 5101:6-2 of the Administrative Code denying the replacement is to be issued within two working days.

(5) The county agency is to deny or delay replacement issuances in cases in which available documentation indicates that the AG's request for replacement appears to be fraudulent.

(1) There is no limit on the number of replacements of food purchased with SNAP benefits that was destroyed in an AG misfortune.

(2) When a federal disaster declaration has been issued and the AG is eligible for disaster SNAP benefits under the provisions of 7 C.F.R. 280.1 (12/2005), the AG is not to receive both the disaster allotment and a replacement allotment for the misfortune.

(3) Replacement issuances are to be provided in the amount of the loss to the AG, up to a maximum of one month's allotment.

(D) How is AG misfortune verified?

Upon receiving a request for replacement the county agency is to determine:

(1) If the issuance was validly issued; and

(2) That the destruction occurred in an AG misfortune or disaster, such as, but not limited to, a power outage of four hours or more, a fire or flood. This is to be verified through a collateral contact that may include but is not limited to: documentation from the fire department, red cross, a utility company or a home visit.

(E) Is there a requirement to track benefit replacements?

(1) The county agency is to document in the case file of the AG each request for replacement, the date, the reason, and whether or not the replacement was provided. This information may be recorded exclusively on the JFS 07222 as mandated in paragraph (A) of this rule.

(2) The county agency is to maintain, in readily-identifiable form, a record of the replacements granted to the AG, the reason, and the month. The record may be a case action sheet maintained in the case file, notations on the master issuance file, when readily accessible, or a document maintained solely for this purpose.

(F) Are there hearing rights on benefit replacements?

The AG is to be informed of its right to a fair hearing to contest a denial or delay of a replacement issuance in accordance with Chapter 5101:6-2 of the Administrative Code. Replacements are not to be made while the denial or delay is being appealed.

(G) What is the process for intercounty benefit replacements?

When an AG that has recently moved from one county to another requests a replacement of benefits of food destroyed in a misfortune, both county agencies are to cooperate in determining whether replacement is appropriate. When it is determined a replacement issuance is appropriate, the county of current residence is to issue the replacement.

(H) What happens when an AG requests a fourth EBT replacement card within a rolling twelve-month period due to the EBT card being lost, stolen, damaged or for any other reason?

(1) When an AG requests a fourth EBT replacement card within a rolling twelve-month period, the AG is to be notified in writing by an automated system generated notice indicating that at the next request for a card replacement, the AG is to contact the county agency to provide an explanation for the requests before the next replacement card will be issued.

(2) When a trafficking violation is suspected prior to the fourth card request, the county agency is to refer the individual to the fraud unit for investigation.

(I) What happens when an AG requests a fifth or more EBT replacement card within a rolling twelve-month period?

When an AG requests a fifth or more EBT replacement card within a rolling twelve-month period, a replacement card is not to be issued until the AG contacts the county agency to provide an explanation for the request. The written automated system generated notice is to include the following:

(1) Specify the number of card request and over what period of time it covers;

(2) Explain that the request exceeds the threshold and contact is to be made with the county agency before another card is issued;

(3) Provide all applicable information on how the individual is to comply by providing contact information such as whom to contact, a telephone number and address; and

(4) Include a statement that explains what is considered a misuse or fraudulent use of benefits and the possibility of referral to the fraud investigation unit for suspicious activity.

(J) What is the process when an AG makes contact with the county agency after receiving the written notice, when five or more EBT cards have been requested?

(1) When an AG makes contact with the county agency to provide an explanation for the card request, the county agency is to make the replacement EBT card available within two business days following the contact from the AG, regardless of whether or not an explanation was provided.

(2) When the AG contacts the county agency but refuses to provide an explanation for the card request or the explanation provided appears to be a trafficking violation as described in rule 5101:4-8-17 of the Administrative Code, the AG is to be referred to the fraud unit for investigation. The replacement EBT card is to be issued so that the AG has access to benefits while the investigation is being conducted.

(3) When the explanation is deemed appropriate, the county agency is to educate the AG on proper use of the card and the AG does not need to contact the county agency for additional EBT card requests, unless the pattern of card activity has changed since the initial contact and indicates possible trafficking activity. An appropriate explanation would be when the AG states they are homeless, disabled, a victim of crime, are in a domestic violence situation, or other vulnerable persons in situations who may lose their EBT card but are not committing fraud.

(K) What happens when an AG does not contact the county agency to provide an explanation?

When five or more EBT cards have been requested and an individual does not contact the county agency in response to the written notice, the replacement card is not to be issued and the case is to be referred to the county agency's fraud unit for investigation.

(L) What is the process when there is presidential disaster declaration?

When there is a presidential disaster declaration, the Ohio disaster SNAP plan developed in accordance with 7 C.F.R. 280.1 (12/2005) is utilized.

Last updated September 2, 2025 at 7:57 AM

History

Effective: September 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-13 Food assistance: reducing, suspending, or cancelling food assistance benefits.

This rule sets forth the procedures to be followed when the secretary of the United States department of agriculture (USDA) mandates a reduction, suspension or a cancellation of monthly supplemental nutritional assistance program (SNAP) allotments in order to stay within federal appropriations pursuant to section 18 of the Food and Nutrition Act of 2008, as amended.

(A) What actions may be needed to comply with section 18 of the Food and Nutrition Act of 2008?

(1) A suspension of allotments for one or more months;

(2) A cancellation of allotments for one or more months;

(3) A reduction in allotment levels for one or more months; or

(4) A combination of these three actions.

(B) What are the requirements applicable to reductions, suspensions or cancellations?

The provisions in this rule are applicable to all three of the above cost-saving measures. Also, once these provisions are put into effect, they supersede and override other comparable rules used during the program's normal operation.

(1) Notification

Reductions, suspensions, and cancellations of allotments shall be considered to be federal adjustments to allotments. As such, state and county agencies shall notify assistance groups (AGs) of reductions, suspensions, and cancellations of allotments in accordance with the notice provisions of rule 5101:4-7-03 of the Administrative Code, except that county agencies shall not provide individual notices of adverse action to AGs affected by reductions, suspensions, or cancellations of allotments.

(2) Fair hearings

Any AG that has its allotment reduced, suspended, or cancelled as a result of an order issued by food and nutrition service (FNS) may request a fair hearing when it disagrees with the action, subject to the following conditions:

(a) Benefit level computed incorrectly

The Ohio department of job and family services (ODJFS) shall not be required to hold fair hearings unless the request for a fair hearing is based on an AGs belief that the SNAP benefit allotment was computed incorrectly under these rules or that the rules were misapplied or misinterpreted. ODJFS shall be allowed to deny fair hearings to those AGs who are merely disputing the fact a reduction, suspension, or cancellation was ordered.

(b) No continuation of benefits

Since the reduction, suspension, or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by congress, AGs do not have a right to a continuation of benefits pending the fair hearing.

An AG may receive restored benefits in an appropriate amount if it is determined its benefits were reduced by more than the amount that the county agency was directed to reduce benefits.

(3) Points and hours of certification and issuance services

During the months the issuance of SNAP benefits has been suspended or cancelled, county agencies shall determine what types of issuance services to make available, where they should be located, and when they should be available. County agencies' determinations should be based on the schedule and volume of issuance in the affected month and on the variables affecting the provision of issuance services.

(4) Application processing

Determinations of the eligibility of applicant AGs shall not be affected by reductions, suspensions, or cancellations of allotments. County agencies shall accept and process applications during a month(s) that a reduction, suspension, or cancellation is in effect.

(a) Eligibility determinations during reductions

When an applicant is found to be eligible for benefits and a reduction is in effect, the amount of benefits shall be calculated by reducing the normal maximum SNAP allotment amount for the AG size by the reduction percentage that was ordered, and then deducting thirty per cent of the assistance group's net SNAP income from the reduced maximum SNAP allotment amount.

(b) Eligibility determinations during suspensions or cancellations

When an applicant is found to be eligible for benefits while a suspension or cancellation is in effect, no benefits shall be issued to the applicant until issuance is again authorized by FNS.

(5) Expedited service

AGs eligible to receive expedited service shall have their cases processed as follows:

(a) Reductions

AGs eligible for expedited service will be issued reduced benefit amounts and will have their cases processed in accordance with rule 5101:4-6-09 of the Administrative Code.

(b) Suspensions

Those AGs eligible to receive expedited service in months that suspensions are in effect and determined to be eligible shall have benefits issued to them in accordance with rule 5101:4-6-09 of the Administrative Code. However, if the suspension is still in effect at the time issuance is to be made, the issuance shall be suspended until the suspension has ended.

AGs eligible to receive expedited service who apply for program benefits during months that cancellations are in effect shall receive expedited service. AGs with zero net income shall have their benefits determined within twenty-four hours, or when mitigating circumstances occur, within seventy-two hours. However, the deadline for completing the processing of other expedited AGs shall be five calendar days or the end of the month of application, whichever is later. All other rules pertaining to expedited service shall be applicable to these cases.

(6) Recertifications

The reduction, suspension, or cancellation of allotments in a given month shall have no effect on the certification periods assigned to AGs. Those participating AGs whose certification periods expire during a month that allotments have been reduced, suspended, or cancelled shall be recertified. AGs found eligible to participate during a month that allotments have been reduced, suspended, or cancelled shall have certification periods assigned.

(7) Restoration of benefits

AGs whose allotments are reduced or cancelled as a result of the enactment of these procedures are not entitled to the restoration of lost benefits at a future date. However, when there is a surplus of funds as a result of the reduction or cancellation, FNS shall direct state agencies to provide affected AGs with restored benefits unless the USDA determines that the amount of surplus funds is too small to make this practicable. County agencies must still keep a record of all benefits to be restored during these periods so that in the event FNS directs the restoration of benefits, such benefits are issued promptly.

(8) Ninety per cent rule

In the event of a suspension, cancellation, or a reduction of ninety per cent or more of the affected month's projected issuance, all AGs, including one- and two-person AGs, shall have their benefits suspended, cancelled, or reduced by the percentage specified by FNS.

(9) Penalties

Notwithstanding any other provision of this rule, FNS may take one or more of the following actions against a county agency failing to comply with a directive to reduce, suspend, or cancel allotments in a particular month.

(a) When FNS and ODJFS ascertain that a county agency does not plan to comply with a directive to reduce, suspend, or cancel allotments for a particular month, a warning will be issued advising the county agency that if it does not comply, ODJFS may cancel a share of the county agency's administrative costs for the affected month(s). If, after receiving such a warning, a county agency does not comply with a directive to reduce, suspend, or cancel allotments, ODJFS may cancel a share of the county agency's administrative costs for the affected month(s).

(b) After warning a county agency, if ODJFS ascertains that the county agency does not plan to comply with a directive to reduce, suspend, or cancel allotments, a court injunction may be sought to compel compliance.

(c) When a county agency fails to reduce, suspend, or cancel allotments as directed, FNS will bill the state agency for all resulting overpayments. When a state agency fails to remit the billed amount to FNS within a prescribed period of time, the funds will be recovered through offsets against the federal share of the state agency's administrative costs, or any other means available under law. The state, in turn, will demand repayment of these funds from the affected county(s).

When a decision is made to reduce monthly SNAP allotments, ODJFS shall notify county agencies of the date the reduction is to take effect and by what percentage maximum SNAP allotment amounts are to be reduced.

(1) Reduction method

Revised allotment tables showing the reduced amounts will be distributed to county agencies if such tables are available in a timely manner from FNS. However, if the reduction must be done manually, the procedure illustrated in paragraph (C)(2) of this rule must be followed.

(2) Manual reduction procedure

When a benefit reduction is ordered, county agencies shall reduce the maximum SNAP allotment amounts for each assistance group size by the percentage ordered in the FNS notice on benefit reductions. County agencies shall multiply the maximum SNAP allotment amounts by the percentage specified in the FNS notice and shall round the result up to the nearest higher dollar amount when it ends in one through ninety-nine cents, and subtract the result from the normal maximum SNAP allotment amount. County agencies shall then deduct thirty per cent of each assistance group's net SNAP income from the reduced maximum SNAP allotment amount.

(3) Minimum allotment

Except as provided in paragraph (C)(4) of this rule, when the amount of benefits obtained by the calculation in paragraph (C)(2) of this rule is less than the minimum benefit for one- and two-person AGs only, the AG shall be provided the minimum benefit.

(4) Ninety per cent reductions

In the event the national reduction in benefits is ninety per cent of the projected issuance for the affected month, the provision for a minimum benefit may be disregarded and all AGs may have their benefits lowered by reducing maximum SNAP allotment amounts by the percentage specified by FNS. The benefit reduction notice issued by FNS to effectuate a benefit reduction will specify whether minimum benefits are to be provided to AGs.

(5) Timeliness standard

Whenever a reduction of allotments is ordered for a particular month, reduced benefits shall be calculated for all AGs for the designated month.

(6) Restored or retroactive benefits

Allotments or portions of allotments representing restored or retroactive benefits for a prior unaffected month shall not be reduced, suspended, or cancelled, even when they are issued during an affected month.

(D) How are suspensions and cancellations processed?

When a decision is made to suspend or cancel the distribution of SNAP benefits in a given month, ODJFS shall notify county agencies of the date the suspension or cancellation is to take effect.

(1) Minimum allotment provision deleted

In the event of a suspension or cancellation of benefits, the provision for the minimum benefit for AGs with one or two members shall be disregarded and all AGs shall have their benefits suspended or cancelled.

(2) Timeliness standard

Upon receiving notification that an upcoming month's issuance is to be suspended or cancelled, county agencies shall take immediate action to effect the suspension or cancellation in the month indicated. No delays will be permitted.

(3) Resumption benefits

Upon being notified by ODJFS that a suspension of benefits is over, county agencies shall act immediately to resume issuing benefits to certified AGs and shall resume benefit issuance as soon as practicable.

(4) Cases still must be processed

When the action in effect is a suspension or cancellation, eligible AGs shall have their allotment levels calculated according to normal procedures. However, the allotments shall not be issued for the month the suspension or cancellation is in effect.

Last updated May 1, 2026 at 8:22 AM

History

Effective: May 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-7-14 Food assistance: systematic alien verification for entitlements program.

A county agency shall use the systematic alien verification for entitlements (SAVE) program established by the department of homeland security (DHS) United States citizenship and immigration service (USCIS). The county agency can access this system through the web-enabled SAVE system to verify the validity of documents provided by aliens applying for supplemental nutrition assistance program (SNAP) benefits. When accessing the SAVE system, the county agency shall ensure that the individual's privacy is protected to the maximum degree possible.

(A) What is the SAVE system?

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 the SAVE system.

(B) What are the methods of verifying the authenticity of documents using the SAVE system?

There are three methods for verifying documents provided:

(1) Initial or primary verification uses the alien's alien registration number, "A-number", or USCIS number to provide alien status verification. This verification is used for most applicants. The county agency is to compare the information provided through the SAVE system with the documents provided by the individual. When the documentation matches in the SAVE system, the process is complete and the county agency is to include a copy of the "Initial Verification Result" in the case record.

(2) Additional or secondary verification provides a more extensive validation when problems appear in the verification of alien status. When an additional verification request is submitted to the SAVE system, the county agency is to include a copy of the "Additional Verification Result" for the case record. Secondary verification is required in any of the following situations:

(a) The document appears to be counterfeit or altered.

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

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

(e) An alien has no immigration documentation and is hospitalized, medically disabled, or can otherwise show good cause for the alien's inability to present documentation, and for whom securing such documentation would constitute an undue hardship.

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

(g) 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.

(h) A "Certificate of Naturalization" or a "Certificate of Citizenship" is presented, and verification of U.S. citizenship status is required.

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

(3) A third-level review is to be completed when SAVE needs to review a copy of the applicants immigration documents 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.

SAVE verification only provides information regarding alien status and eligible alien status is to be determined in accordance with rule 5101:4-3-07 of the Administrative Code.

(1) No eligibility determination is 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 the county determines an alien is ineligible after using the SAVE system, the county agency shall send prior notice of adverse action to the assistance group in accordance with the provisions described in rule 5101:6-2-04 of the Administrative Code.

(4) The provisions described in accordance with rule 5101:4-8-15 of the Administrative Code are applicable when payments have been erroneously issued.

(D) What are allowable uses of information received through the SAVE program?

The county agency shall use information obtained through the SAVE program only for:

(1) Verifying the validity of documentation of alien status presented by an applicant;

(2) Verifying an individual's eligibility for benefits;

(3) Investigating whether participating assistance groups received benefits to which they were not entitled, when an individual was previously certified to receive benefits on the basis of eligible alien status; and

(4) Assisting with or conducting administrative disqualification hearings, or criminal or civil prosecutions based on receipt of SNAP benefits to which participating assistance groups were not entitled.

Last updated October 1, 2026 at 9:28 AM

History

Effective: October 1, 2026
Promulgated Under: 111.15

Chapter 5101:4-8 Restoration of Lost Benefits; Claims Against Households

Ohio Adm.Code 5101:4-8-03 Food assistance: restoration and entitlement of lost benefits.

(A) What is restoration of supplemental nutrition assistance program (SNAP) benefits?

Restoration of benefits is when an assistance group is issued benefits because they have been determined eligible, and additional benefits are due to them because an incorrect amount was issued.

(B) Who is eligible for a restoration of benefits?

Assistance groups who:

(1) Have lost benefits due to an agency error.

(2) Were determined to have committed an intentional program violation that has been reversed.

(a) An individual would not be entitled to restoration of lost benefits for the period of disqualification based solely on the fact that a criminal conviction could not be obtained, unless the individual successfully challenged the disqualification period imposed by an administrative disqualification in a separate court action. Participation in an administrative disqualification hearing in which the assistance group contests the county agency assertion of intentional program violation shall be considered notification that the assistance group is requesting restored benefits.

(b) For each month the individual was disqualified, not to exceed twelve months prior to county agency notification, the amount to be restored, if any, shall be determined by comparing the allotment the assistance group received with the allotment the assistance group would have received had the disqualified member been allowed to participate. When the assistance group received a smaller allotment than it should have received, the difference equals the amount to be restored.

(3) Receive a judicial action determining benefits were wrongfully withheld. When the assistance group's situation has been reviewed and determined through the judicial process that the benefits have been wrongfully withheld, the county agency shall restore the assistance group's benefits. When the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, the benefits shall be restored for a period of no more than twelve months from the date the court action was initiated. When the judicial action is a review of a county agency action, the benefits shall be restored for a period of no more than twelve months from the first of the following dates:

(a) The date the county agency receives a request for restoration; or

(b) When no request for restoration is received, the date the fair hearing action was initiated; but never more than twelve months from when the county agency is notified of, or discovers, the loss.

(4) Have gained categorical eligibility. Assistance groups who gain categorical eligibility are entitled to restored benefits back to the date of the original SNAP application, the date it gained categorical eligibility, or the date categorical eligibility for the specific type of assistance group was created, whichever is later. To determine the prior months of eligibility and the date when restored benefits should begin, consult rule 5101:4-4-27 of the Administrative Code.

(5) Have been found to be eligible for a restoration of benefits that were discovered by the agency. The county agency shall automatically take the necessary action to restore the benefits. No action by the assistance group is necessary. Benefits shall not be restored when the benefits were lost more than twelve months prior to the month the loss was discovered by the county agency in the normal course of business, or were lost more than twelve months prior to the month the county agency was notified in writing or orally of a possible loss to a specific assistance group.

The county agency shall notify the assistance group of its:

(a) Entitlement to restored benefits;

(b) Amount of benefits to be restored;

(d) The method of restoration; and

(e) The right to appeal through the fair hearing process.

(1) County agencies shall issue restored benefits within thirty days from the date the lost benefits were discovered.

(2) Restored benefits due under rule 5101:4-2-02 of the Administrative Code shall be restored to assistance groups that are categorically eligible within ten days after the discovery date.

(3) When a restoration is ordered through a compliance as a result of a fair hearing decision, it shall be completed in accordance with division 5101:6 of the Administrative Code.

(D) When can a restoration be made?

Benefits can only be restored up to twelve months prior to whichever occurs first:

(1) The date the county agency receives the request for a restoration from the assistance group; or

(2) The date the county agency is notified or otherwise discovers that a loss to an assistance group has occurred.

(E) How are restorations tracked?

(1) Each county shall maintain an accounting system for documenting an assistance group's eligibility for restored benefits and calculating the balance. At a minimum, the county agency shall use the JFS 07424, "Report of Claim Determination/Lost Benefits" form and stored in the case record.

(2) The calculation of the restored benefit shall be documented and stored in the case record.

(3) The county agency shall have a system in place that readily identifies outstanding claims against assistance groups so they can be offset against the restored benefit amount prior to issuing the restoration.

(F) How is eligibility determined for lost benefits?

The county agency shall determine when the assistance group was actually eligible for the month the loss occurred. In instances where there is insufficient information in the case record, the county agency shall advise the assistance group of what shall be provided to demonstrate eligibility for these months. For each month the assistance cannot provide the necessary information to demonstrate its eligibility, the assistance group shall be considered ineligible.

(G) How is the amount of the restoration determined?

After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the twelve-month time limit, the county agency shall calculate the amount to be restored as follows:

(1) Incorrect allotment

when the assistance group was eligible but received an incorrect allotment, the loss of benefits shall be calculated only for those months the assistance group participated.

(a) Under issuance - when the assistance group received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotments equals the amount to be restored.

(b) Offsetting claims - when a claim against an assistance group is unpaid or terminated as provided in rule 5101:4-8-19 of the Administrative Code, the amount to be restored shall be offset against the amount due on the claim before the balance, if any, is restored to the assistance group. At the point in time the assistance group is certified and receives an initial allotment, the initial allotment shall not be reduced to offset claims, even when the initial allotment is paid retroactively.

(2) Delay, denial, or termination - when the loss was caused by an incorrect delay, denial, or termination of benefits, the months affected by the loss shall be calculated as follows:

(a) Incorrect denial: when an eligible assistance group's application was incorrectly denied, the month the loss initially occurred shall be the month of application, or for an eligible assistance group filing a timely recertification, the month following the expiration of the certification period.

(b) Incorrect delay: when an eligible assistance group's application was delayed, the months for which benefits may be lost shall be calculated in accordance with procedures in rules 5101:4-2-01 and 5101:4-5-07 of the Administrative Code.

(c) Incorrect termination: when an assistance group's benefits were incorrectly terminated, the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous action.

(H) What are the payment methods of restoration?

There are two ways to issue a restoration of benefits:

(1) Lump sum - the county agency shall restore lost benefits to an assistance group by issuing an allotment equal to the amount of benefits that were lost. The amount restored shall be issued in addition to the allotment the assistance group is currently eligible to receive.

(2) Monthly installment

the county agency shall honor reasonable requests by assistance groups to restore lost benefits in monthly installments when, for example, the assistance groups fears the excess benefits may be stolen or that the amount to be restored is more than it can use in a reasonable period of time.

(I) What if the assistance group composition has changed since the benefit loss occurred?

When lost benefits are owed to an assistance group and the assistance group's membership has changed, the county agency shall restore the lost benefits to the assistance group containing a majority of the individuals who were assistance group members at the time the loss occurred. When the county agency cannot locate or determine the assistance group that contains a majority of assistance group members, the county agency shall restore the lost benefits to the assistance group containing the individual who was head of the assistance group at the time the error occurred.

(J) What happens when the assistance group disagrees with the determination of the restoration request or benefit amount?

When the assistance group does not agree with the county agency's decision regarding the lost benefits or with the amount of lost benefits computed by the county agency the following procedures apply:

(1) When the assistance group does not agree with the amount to be restored as calculated by the county agency or any other action taken by the county agency to restore lost benefits, the assistance group may request a fair hearing within ninety days from the date the assistance group is notified of the entitlement to restoration of lost benefits. When a fair hearing is requested prior to or during the time lost benefits are being restored, the assistance group shall receive the lost benefits as determined by the county agency pending the results of the fair hearing. When the fair hearing decision is favorable to the assistance group, the county agency shall restore the lost benefits in accordance with that decision.

(2) When an assistance group believes it is entitled to restoration of lost benefits, but the county agency does not agree, the assistance group has ninety days from the date of the county agency determination to request a fair hearing. The county agency shall restore lost benefits to the assistance group only when the fair hearing decision is favorable to the assistance group. Benefits lost more than twelve months prior to the date the county agency was initially informed of the assistance group's possible entitlement to lost benefits shall not be restored.

Last updated November 1, 2022 at 8:52 AM

History

Effective: November 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-15 Food assistance: claims against assistance groups.

(A) The county agency shall establish and collect a claim against any assistance group that trafficked benefits or received more supplemental nutrition assistance program (SNAP) benefits than it was entitled to receive. A recipient claim is an amount owed because of overpaid benefits or benefits that are trafficked. Trafficking is defined in rule 5101:4-8-17 of the Administrative Code. Prompt corrective action to prevent further overpayment is required. A SNAP claim is a federal debt subject to this rule and other regulations governing federal debts. This rule describes the three types of claims and the procedures the county agency shall follow when handling these claims.

(B) Who is responsible for paying a claim?

(1) Each person who was an adult member of the assistance group when the overpayment or trafficking occurred. For collection purposes, an adult is an individual age eighteen or older at the time of the overpayment, except for individuals under the age of twenty-two living in the home of their parent(s). Additionally, collection is required from individuals under the age of eighteen when the individual is the head of the assistance group or the only person in the assistance group.

(2) Any person connected to the assistance group, such as an authorized representative, who actually trafficks or otherwise causes an overpayment or trafficking.

(3) A sponsor of an alien household member when the sponsor is at fault or contributed to the claim.

(4) When a change in assistance group composition occurs, county agencies may pursue collection action against any assistance group that includes a member who was an adult member of the assistance group that received the overpayment. The county agency may also offset the amount of the claim against restored benefits owed to any assistance group containing a member who was an adult member of the original assistance group at the time the overpayment occurred.

(1) Intentional program violation claim: any claim for an overpayment or trafficking resulting from an individual committing an intentional program violation. An intentional program violation is defined in rule 5101:6-20-02 of the Administrative Code.

(2) Inadvertent household error claim: any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the assistance group.

(3) Agency error claim: any claim for an overpayment caused by an action or failure to take action by the county agency.

(D) When is a claim considered an intentional program violation?

A claim shall be handled as an intentional program violation claim when the overpayment or trafficking consisted of the individual intentionally:

(1) Making a false or misleading statement, or misrepresenting, concealing or withholding facts; or

(2) Committing any act constituting a violation of the Food and Nutrition Act of 2008, the SNAP program regulations, or any state statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of SNAP benefits, or the electronic benefit transfer (EBT) card.

(E) What instances require an intentional program violation determination?

A claim shall be handled as an intentional program violation claim only when an individual is disqualified as a result of:

(1) An administrative disqualification hearing;

(2) A determination by a federal, state, or local court;

(3) Signing the JFS 04026 "Waiver of Administrative Disqualification Hearing; or

(4) Signing the JFS 04027 "Disqualification Consent Agreement" in cases referred for prosecution.

(F) When is a claim considered an inadvertent household error?

A claim shall be handled as an inadvertent household error claim when the overpayment was caused by:

(1) A misunderstanding or unintended error on the part of the assistance group;

(2) A misunderstanding or unintended error on the part of a categorically eligible assistance group provided a claim can be calculated based on a change in net income and/or assistance group size; or

(3) Social security administration action or failure to take action resulting in the assistance group's categorical eligibility, provided a claim can be calculated based on a change in net income and/or assistance group size.

(G) What instances require an inadvertent household error claim determination?

Instances of an inadvertent household error that may result in a claim include, but are not limited to, the following;

(1) The assistance group unintentionally failed to provide the county agency with correct or complete information;

(2) The assistance group unintentionally failed to report to the county agency changes in its circumstances that it was required to report; or

(3) The assistance group unintentionally received benefits or more benefits than it was entitled to receive pending a fair hearing decision because the assistance group requested a continuation of benefits based on the mistaken belief it was entitled to such benefits.

(H) When is a claim considered an agency error?

A claim shall be handled as an agency error claim when the overpayment was caused by county agency action or failure to take action, or, in the case of categorical eligibility, an action by a county agency or the state or local government resulting in the assistance group's improper eligibility for public assistance provided a claim can be calculated based on a change in net income and/or assistance group size.

(I) What instances require an agency error claim determination?

Instances of an agency error that may result in a claim include, but are not limited to, the following:

The county agency:

(1) Failed to take prompt action on a change reported by the assistance group;

(2) Incorrectly computed the assistance group's income or deductions, or otherwise assigned an incorrect allotment;

(3) Incorrectly issued a duplicate EBT card to an assistance group and the card was subsequently transacted;

(4) Continued to provide the assistance group with SNAP benefits after its certification period expired and no reapplication interview was conducted; or

(5) Failed to provide an assistance group a reduced level of SNAP benefits because its public assistance grant changed.

(J) When is a claim determination not required?

A claim shall not be established when an overpayment occurred due to the agency's failure to ensure the assistance group fulfilled the following:

(1) Submitted a complete application;

(2) Completed current work registration; or

(3) Was certified in the correct county.

(K) How is a claim documented against an assistance group?

(1) The JFS 07424 "Reporting of Claim Determination/Lost Benefits" shall be completed on all SNAP claims including trafficking related claims.

(2) All JFS 07424 forms shall be completed and properly filed at the county agency. The county department of job and family services director or designee is responsible for reviewing and approving all claims regardless of the amount.

(3) Prompt corrective action to prevent a further overpayment is required.

(L) What is the claim management process and what are the time frames for establishing claims?

(1) Within three months of the complaint, the county agency shall screen to determine when a potential claim exists. When a potential claim exists the claim shall be logged into the Ohio benefits integrated eligibility system. The date the complaint is entered into the system is the "discovery or referral date" unless the referral of a potential claim is based on a quality control finding as set forth in paragraph (L)(3) of this rule.

(2) When a potential claim exists, within five months of the "discovery or referral date", the county agency shall investigate, obtain verification, calculate the claim and mail the initial demand notice which is the "established date" unless a potential intentional program violation exists. When a potential intentional program violation exists the claim shall be referred to the county prosecutor or the Ohio department of job and family services (ODJFS) bureau of state hearings for an administrative disqualification hearing within three months of the date the claim is calculated. Once the decision is rendered, the initial demand notice is issued.

(3) For potential claims based on quality control findings, within ten business days after receiving the quality control finding, the county agency shall enter the potential claim into the Ohio benefits integrated eligibility system. This is the "discovery or referral date". The county agency shall investigate, obtain verification, calculate the claim, and mail the initial demand notice within five months of the referral date.

(4) The county agency shall ensure that no less than ninety per cent of all claim referrals are either established or disposed of according to the above time frames.

(M) What is the process when it is determined that internal fraud or gross negligence has occurred during the county certification process?

When it is determined by the United States department of agriculture (USDA), or ODJFS in conjunction with USDA, that there has been gross negligence or fraud on the part of the county agency in the certification of assistance groups, or the issuance of SNAP benefits, the county agency will be liable for the dollar amount of benefits issued as the result of such negligence or fraud.

Last updated April 1, 2026 at 7:47 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-17 Food assistance: calculating the overpayment claim amount and processing intentional program violations.

The county agency is to calculate claims, make collections, and disqualify assistance group (AG) members based on the date of overpayment, date of discovery, and the supplemental nutrition assistance program (SNAP) regulations in effect at the time of the overpayment.

(A) How is the claim amount calculated for non-trafficking claims?

(1) A county agency is to calculate a claim according to the following timeframes:

(a) Except as provided in paragraph (E) of this rule, inadvertent household error claims are to be calculated back to at least twelve months prior to when it became aware of the overpayment; the county agency is not to include any amounts occurring more than six years before it became aware of the overpayment.

(b) Except as provided in paragraph (F) of this rule, agency error claims are to be calculated back twelve months prior to when it became aware of the overpayment.

(c) Except as provided in paragraph (D) of this rule, intentional program violation claims are to be calculated back to the month the act of the intentional program violation first occurred; the county agency is not to include any amount occurring more than six years before it became aware of the overpayment.

(2) To calculate a claim, the county agency is to:

(a) Determine the correct amount of benefits the applicant should have received for each month. Do not apply the earned income deduction to any earned income the AG failed to report in a timely manner. When the agency failed to act on reported earned income, apply the earned income deduction.

(b) Subtract the amount of the benefit the applicant should have received from the benefit amount actually received. This is the amount of the overpayment. When the overpayment equals zero or is negative, dispose of the claim referral.

(c) Reduce the overpayment amount when there are any expunged benefits from the AG's electronic benefit transfer account. The county agency is to document any reduction of an overpayment claim by use of expunged benefits via the Ohio benefits integrated eligibility system. The difference from the amount of the expunged benefits and the overpayment amount is the amount of the claim.

(B) How is the claim amount calculated for trafficking claims?

Claims arising from trafficking-related offenses are to be the value of the trafficked benefits as determined by:

(1) The individual's admission;

(2) Adjudication; or

(3) The documentation that forms the basis for the trafficking determination.

When an AG member is found to have committed an intentional program violation, the county agency is to disqualify that individual and initiate collection action against the remaining adult AG members.

For intentional program violation claims, the amount of SNAP benefits collected is to be the greater of twenty per cent or twenty dollars per month of the AG's monthly entitlement, before disqualification of the AG member found to have committed the intentional program violation.

(D) When should a claim resulting from an intentional program violation by intentionally failing to report a change begin?

When the AG member is determined to have committed the intentional program violation by intentionally failing to report a change in the AG's circumstances, the first month affected by the AG's failure to report is to be the first month in which the change would have been made effective had it been reported timely. When calculating the claim amount, the county agency is to:

(1) Allow the maximum reporting allowance of ten days following the end of the month in which the change first occurred plus the maximum allowance for notice of adverse action of fifteen days. Therefore, for purposes of claim calculation, a change cannot be effective sooner than twenty-five days from the date the change occurred.

(2) Calculate claims back to at least twelve months prior to when the county agency became aware of the overpayment in accordance with paragraph (A)(1)(c) of this rule, and not include any amounts occurring more than six years before the date of discovery.

(3) Prior to the determination of an intentional program violation or the signing of either a waiver of right to a disqualification hearing or a disqualification consent agreement in cases of deferred adjudication, the claim against the AG is to be handled as an inadvertent household error claim.

(E) When should a claim resulting from an inadvertent household error for failing to report a change timely begin?

When due to a misunderstanding or inadvertent error on the part of the AG, the AG failed to report a change in its circumstances within ten days following the end of the month in which the change first occurred, the first month affected by the AG's failure to report is to be the first month in which the change would have been effective had it been reported timely. When calculating the claim amount, the county agency is to:

(1) Allow the maximum reporting allowance of ten days following the end of the month in which the change first occurred plus the maximum allowance for notice of adverse action of fifteen days. Therefore, for the purposes of claim calculation, a change cannot be effective sooner than twenty-five days from the date the change occurred.

(2) Calculate claims back to at least twelve months prior to when the county agency became aware of the overpayment in accordance with paragraph (A)(1)(a) of this rule, and not include any amounts occurring more than six years before the date of discovery.

(F) When should a claim resulting from an agency error for failing to act timely on a reported change begin?

When the AG timely reported a change, but the county agency did not timely act on the change, the first month affected by the county's failure to act is to be the first month the county agency should have made the change effective. Therefore, when a notice of adverse action was required but was not provided, the county agency is to assume that the maximum advance notice period of fifteen days would have expired without the AG requesting a fair hearing. In accordance with paragraph (A)(1)(b) of this rule, claims are to be calculated back twelve months prior to when the county agency became aware of the overpayment.

(G) When are claims to be offset?

After calculating the amount of the claim, the county agency is to offset the amount of the claim (even when the claim is one hundred twenty-five dollars or less) against any amount of lost benefits that have not yet been restored to the AG. The county agency is not to offset against retroactive or initial benefits in accordance with rule 5101:4-8-03 of the Administrative Code. The county agency is to then initiate collection action for the remaining balance. When the county agency did not complete a JFS 07424, "Report of Claim Determination/Lost Benefits" because the claim was one hundred twenty- five dollars or less, at the time the offset action is taken, the county agency is to complete the JFS 07424 so documentation exists as to why the lost benefit amount was reduced.

(H) What is the disqualification period for intentional program violations?

Individuals found to have committed an intentional program violation either through an administrative disqualification hearing, a federal, state, or local court, or who have signed either a waiver of right to an administrative disqualification hearing, or a disqualification consent agreement in cases referred for prosecution, are to be ineligible to participate in the program as follows:

(1) For a period of twelve months upon the first offense of any intentional program violation, except as provided in paragraphs (I) to (L) of this rule.

(2) For a period of twenty-four months upon the second offense of any intentional program violation, except as provided in paragraphs (I) to (L) of this rule.

(3) Permanently upon the third offense of any intentional program violation.

(4) The disqualification period for non-participants at the time of the administrative disqualification or court decision is to take precedence in accordance with division 5101:6 of the Administrative Code.

(I) What is the disqualification period for controlled substance violations?

Individuals found by a federal, state, or local court to have used or received SNAP benefits in a transaction involving the sale of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), (12/2014) are to be ineligible to participate in the program as follows:

(1) For a period of twenty-four months upon the first offense of such a violation.

(2) Permanently upon the second offense of such a violation.

(J) What is the disqualification period for violations involving firearms, ammunition, or explosives?

Individuals found by a federal, state, or local court to have used or received SNAP benefits in a transaction involving the sale of firearms, ammunition, or explosives are to be permanently ineligible to participate in the program upon the first offense of such violation.

(K) What is the disqualification period for violations involving trafficking SNAP benefits of five hundred dollars or more?

(1) An individual is to be permanently disqualified when convicted by a federal, state, or local court of trafficking SNAP benefits for an aggregate amount of five hundred dollars or more.

(2) For purposes of this rule "trafficking" is defined as fraudulently using, transferring, altering, acquiring or possessing SNAP benefits or presenting SNAP benefits for payment or redemption knowing the same to have been fraudulently obtained or transferred for cash or consideration other than eligible food. "Acquiring SNAP benefits" does not include providing false information as part of the certification, recertification, or reporting changes processes.

(L) What is the disqualification period for violations involving the receipt of multiple benefits?

An individual is to be ineligible to participate in the SNAP program for a ten-year period when the individual is found, through an administrative disqualification hearing, a federal, state, or local court, or who has signed either a waiver of right to administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, of having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the SNAP program.

Last updated September 1, 2026 at 8:05 AM

History

Effective: September 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-19 Food assistance: initiating collection action and managing claims.

(A) When shall a county agency initiate collection on a claim?

(1) When a claim is over one hundred twenty-five dollars.

(2) When a claim is one hundred twenty-five dollars or less if:

(a) The assistance group is participating in the program;

(b) The claim has already been established;

(d) The county agency has adopted the policy to pursue all claims regardless of the amount. When the county agency chooses this option, assistance groups shall be informed of this policy.

(B) When can a county agency opt not to collect on a claim?

(1) For claims of one hundred twenty-five dollars or less that cannot be recovered by reducing the assistance group's allotment because they are not participating in the program, the county agency shall record the amount of the claim in the case file so that this amount may be used to offset any lost benefits that may be owed the assistance group at a later date. The county agency does not have to complete the JFS 07424, "Report of Claim Determination/Lost Benefits".

(2) The county agency shall have the option to initiate collection action for claims of one hundred twenty-five dollars or less at such time multiple overpayments for an assistance group total in excess of one hundred twenty-five dollars. When the county agency chooses this option, assistance groups shall be informed of this policy.

(1) The county agency shall send a demand letter or written notification to the assistance group of the intent to begin the collection action on a claim, in accordance with Chapter 5101:6-2 of the Administrative Code.

(2) The claim is considered established for tracking purposes as of the date of the initial demand letter or written notification.

(3) When the claim or the amount of the claim was not established at a hearing, the county agency shall provide the assistance group with a one-time notice of adverse action.

(4) The due date or time frame for repayment shall be no later than thirty days after the date of the initial written notification or demand letter.

(5) When any nonparticipating assistance group, against which collection action has been initiated, does not respond to the first demand letter, additional demand letters may be sent at reasonable intervals, such as thirty days, until the assistance group has responded by paying, or agreeing to pay the claim, the criteria for terminating collection action has been met, or the county agency initiates other collection actions. When an assistance group falls behind in making payments, or is unable to pay the claim, the assistance group's eligibility shall not be affected.

(D) What shall repayment agreements contain?

Any repayment agreement for any claim shall contain:

(1) Due dates or time frames for the submission of payments; and

(2) Language specifying that the assistance group is subject to involuntary collection action when payment is not received by the due date and the claim becomes delinquent.

(E) What determines when a claim is delinquent?

Notwithstanding paragraph (F) of this rule, a claim is considered delinquent when:

(1) It has not been paid by the due date and a satisfactory payment arrangement has not been made. The date of delinquency is the due date on the initial written notification/demand letter issued in accordance with paragraph (C) of this rule. The claim will remain delinquent until payment is received in full, a satisfactory payment agreement is negotiated, or allotment reduction is invoked; or

(2) A payment arrangement was established and a scheduled payment has not been made by the due date. The date of delinquency is the due date of the missed installment payment. The claim will remain delinquent until payment is received in full, allotment reduction is invoked, or when the county agency determines to either resume or renegotiate the repayment schedule.

(F) When is a claim not considered delinquent, even though payments on the claim have not been received?

The claim is not considered delinquent when:

(1) Another claim for the same assistance group is currently being paid either through an installment agreement or allotment reduction and the county agency expects to begin collection on the claim once the prior claim is settled;

(2) The county agency is unable to determine delinquency status because collection is coordinated through the court system; or

(3) The claim is awaiting a fair hearing decision.

(G) How are claims handled when a claim is subject to a fair hearing?

(1) When the hearing officer determines a claim exists against the assistance group, the assistance group shall be re-notified of the claim. Delinquency shall be based on the due date of this subsequent notice and not on the initial pre-hearing demand letter sent to the assistance group.

(2) When the hearing officer determines a claim does not exist then the claim is terminated or written off in accordance with paragraph (J) of this rule.

(H) What amount should be collected when the claim is reduced by a court or local prosecutor?

Reduction by a court or local prosecutor of the amount an assistance group owes on a claim does not automatically relieve the county agency from administratively pursuing collection of the total claim amount. For example, when the amount of the original claim was two hundred dollars but this amount was arbitrarily reduced by a local county prosecutor to one hundred dollars, the county agency has the obligation to administratively pursue the total of two hundred dollars. The county agency may attempt to collect any overpayment it has determined to have been received by an assistance group in excess of the amount ordered to be repaid by a court. The assistance group cannot be forced to pay the excess amounts. The county agency shall not invoke allotment reduction without the assistance group's permission to collect amounts in excess of the court-ordered restitution. Should new evidence be produced that, according to current regulations, alters the county's determination on the original claim, the original claim amount shall be revoked and a new amount initiated.

(I) When can a county agency compromise on a claim amount?

A county agency may compromise a claim or any portion of a claim when it can be reasonably determined an assistance group's economic circumstances dictate that the claim will not be paid in three years. Compromising a claim is an agreement to adjust the total owed at the end of three years when the assistance group has made payments corresponding with its financial circumstances throughout that period of time.

(1) The county agency may use the full amount of the claim (including any amount compromised) when determining the amount of benefits that shall be offset in accordance with rule 5101:4-8-03 of the Administrative Code.

(2) The county agency may reinstate any compromised portion of a claim when the claim becomes delinquent.

(J) When can a county agency terminate and write off a claim?

A terminated claim is a claim in which all collection action has ceased. A claim written off is no longer considered an account receivable subject to continued federal, state and county agency collection and reporting requirements.

The following describes the claim termination policy:

(1) Invalid claim: when the county agency finds the claim is invalid, the county agency is to dispose of the claim and reflect the event as a balance adjustment rather than a termination, unless it is appropriate to pursue the overpayment as a different type of claim (i.e., as an inadvertent household error rather than an intentional program violation claim).

(2) Death of all adult assistance group members: when all adult assistance group members die, the county agency shall terminate and write off the claim, unless the county agency plans to pursue the claim against the estate.

(3) Claim balance less than twenty-five dollars: when the claim balance is less than twenty-five dollars and the claim has been delinquent for ninety days or more, the county agency shall terminate and write off the claim, unless other claims exist against the assistance group resulting in an aggregate claim total of twenty-five dollars or more.

(4) Not cost effective: when the county agency determines it is not cost effective to pursue the claim any further (i.e., the cost of further collection action exceeds the amount that can be recovered) the county agency shall terminate and write off the claim.

(5) Delinquent claim: when the claim is delinquent for three years or more the county agency shall terminate and write off the claim unless it plans to continue to pursue the claim through the treasury offset program.

(6) Cannot locate the assistance group: when the assistance group cannot be found the county agency may terminate and write off the claim.

(K) When can a terminated or written off claim be reinstated?

(1) Previously terminated or compromised claims may be reactivated when the assistance group provides a voluntary payment. County agencies shall only reactivate an amount equal to the offset or voluntary payment amount, rather than reactivating the full value of the outstanding claim amount. Reactivating only the amount equal to the offset or the voluntary payment does not change the status of the original claim. The balance remains in terminated or compromised status. To reactivate a previously compromised claim, the balance of the claim shall be reinstated by renegotiating with the assistance group.

(2) When a specific event (e.g. winning the lottery) occurs that increases the likelihood of further collections, the county agency may reinstate the claim.

(L) What are acceptable forms of payment?

(1) Reducing benefits before issuance: this includes allotment reductions and offsets to restored benefits; however, the county agency shall follow the instructions and limits found in paragraphs (M)(1) and (M)(3) of this rule.

(2) Reducing benefits after issuance: benefits may be recouped from an assistance group's electronic benefit transfer (EBT) account; however, the county agency shall follow the instruction and limits found in paragraph (M)(2) of this rule.

(3) Cash: 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.

(4) Public service: an assistance group member may be required to perform public service to repay a claim; however, this form of payment shall be ordered by a court specifically for the repayment of a claim. When the court does not order a rate of pay, the federal minimum wage shall be used.

(5) Treasury offset program: to offset the claim with federal payments the county agency shall follow the procedures described in rule 5101:4-8-30 of the Administrative Code.

(M) What collection methods are available to the county agency?

(1) Allotment reduction: a county agency shall automatically collect payments for any claim by reducing the amount of monthly benefits an assistance group receives in accordance with rule 5101:4-8-17 of the Administrative Code, unless the assistance group agrees to make higher regular payments to repay the claim.

(a) For an intentional program violation claim, limit the amount reduced for each category of the claim to the greater of twenty dollars per month, or twenty per cent of the assistance group's monthly entitlement, before disqualification of the assistance group member found to have committed the intentional program violation, in accordance with rule 5101:4-8-17 of the Administrative Code, unless the assistance group agrees to a higher amount.

(b) For an inadvertent household error or agency error claim, limit the amount reduced for each category of the claim to the greater of ten dollars per month or ten per cent of the assistance groups monthly allotment, unless the assistance group agrees to a higher amount.

(c) The county agency shall not reduce the initial allotment when the assistance group is first certified unless the assistance group agrees to this reduction.

(d) When an assistance group has multiple claims against it, the county agency shall invoke allotment reduction on one claim at a time. The county agency shall recoup claims in sequence, obtaining full payment on the oldest claim before proceeding to the next claim.

(2) EBT reduction: the county agency shall allow an assistance group to pay its claim using benefits from its EBT account.

The county agency shall comply with the following EBT claims collection and adjustment requirements:

(a) Collecting from active (or reactivated) EBT benefits:

(i) The county agency shall obtain written permission from the assistance group pursuant to paragraph (M)(2)(d) of this rule. This permission may be obtained in advance.

(ii) Oral permission is allowed for one time reductions as long as the county agency sends the assistance group a receipt of the transaction within ten days after the reduction.

(iii) The county agency may retain a percentage of the collection as an incentive pursuant to rule 5101:4-8-23 of the Administrative Code.

(b) For making an adjustment with expunged EBT benefits:

(i) The county agency shall adjust the amount of any claim by subtracting any expunged amount from the EBT benefit account for which the county agency becomes aware. The county agency shall document the use of the expunged benefits as a claim offset in the Ohio benefits integrated eligibility system to ensure no duplicate use.

(ii) The county agency shall not retain a percentage of the collection as an incentive pursuant to rule 5101:4-8-23 of the Administrative Code when using expunged benefits to collect on an overpayment claim.

(d) At a minimum, any agreement with the assistance group to collect a claim using active EBT benefits shall include:

(i) A statement that this collection activity is strictly voluntary;

(ii) The amount of the payment;

(iii) The frequency of the payment (i.e., whether monthly or one time only);

(iv) The length (if any) of the agreement; and

(v) A statement that the assistance group may revoke this agreement at any time.

(3) Offsets to restored benefits: the county agency shall reduce any restored benefits owed to an assistance group by the amount of any outstanding claim, except for an "initial" benefit month in accordance with paragraph (G) of rule 5101:4-8-03 of the Administrative Code. Offsetting may be done at any time during the claim establishment and collection process.

(4) Lump sum payments: the county agency shall accept any payment for a claim whether it represents full or partial payment. The payment may be in any of the acceptable formats.

(5) Installment payments: the county agency may accept installment payments made for a claim as part of a negotiated repayment agreement.

When the assistance group fails to submit a payment in accordance with the terms of its negotiated repayment schedule, the assistance group's claim becomes delinquent and will be subject to additional collection actions.

(6) Public service: when authorized by a court, the value of a claim may be paid by the assistance group performing public service. When the court does not order a rate of pay, the federal minimum wage shall be used.

(7) Other collection actions: the county agency may employ any other collection actions to collect claims. These actions include, but are not limited to, referrals to collection and/or other similar private and public sector agencies, and small claims court.

(8) Unspecified joint collections: when an unspecified joint collection is received for a combined public assistance and supplemental nutrition assistance program (SNAP) recipient claim, each program shall receive its pro rata share of the amount collected. An unspecified joint collection is when funds are received in response to correspondence or a referral containing both the SNAP and other program claim and the debtor does not specify which claim to apply the collection.

The county agency shall not use additional collection methods against individuals in an assistance group that is already having its benefit reduced unless the additional payment is voluntary.

The county agency may continue to use any other collection method against any individual who is not a current member of the assistance group even when the assistance group is undergoing allotment reduction.

For agency error claims established prior to September 22, 1996 the county agency may not use involuntary allotment reduction for the collection. When an individual volunteers for allotment reduction the county agency shall accept the allotment reduction for collection.

(N) What happens when an assistance group overpays on a claim?

When an assistance group has overpaid a claim, the county agency shall determine if there are other SNAP claims the overage can be applied to. When there are no other claims the overage shall be refunded. The assistance group shall be paid by whatever method the county agency deems appropriate considering the circumstances. The county agency shall issue the amount to the assistance group that includes the incentive retained by the county agency.

(O) How is the claim handled when a SNAP recipient moves to or from another state?

(1) Unless a transfer occurs as outlined in paragraph (O)(2) of this rule, the county agency is responsible for initiating and continuing collection action on any SNAP recipient claim regardless of whether the assistance group remains in the state.

(2) The county agency may accept a claim from another state agency when the assistance group with the claim moves into the county. The state agency that overpaid benefits to the assistance group shall have the first opportunity to collect any overpayment. However, when the state agency that overpaid benefits to the assistance group does not take prompt action to collect, then the county agency administering the area into which the assistance group moves should initiate action to collect the overpayment. Prior to initiating action to collect such overpayments the county agency shall contact the state agency that overpaid benefits to ascertain that it does not intend to pursue prompt collection. The incentive for any collected claims shall be retained by the county agency collecting the overpayment. Once a county agency accepts the responsibility for an overpayment claim, the claim is the county agency's responsibility for future collection and reporting.

(P) How is a claim handled when a SNAP recipient moves to a different county?

(1) When an assistance group moves and applies for or receives SNAP benefits from a new county of residence, the assistance group case file material shall be transferred to the new county of residence.

(2) Any associated claim case shall not transfer from the original county of residence to the new county of residence. However, the transferred assistance group case file shall contain copies of documentation that a claim exists. When there is an associated claim case, the county shall follow the procedures outlined in the case file transfer procedures for SNAP.

(3) The county establishing the claim remains responsible for any applicable court action or collection action concerning an outstanding claim balance.

(4) The new county of residence shall implement allotment reduction for claim collection upon the request of the original county.

(5) When the new county of residence makes a collection on a claim, it shall be entered into the Ohio benefits integrated eligibility system.

(6) The county agency that initially completes the claim and, in the case of an intentional program violation the prosecution or administrative disqualification hearing, is entitled to the applicable incentive. These incentives will be restored on a quarterly basis.

(Q) What happens when a claim is included in a bankruptcy proceeding?

A county or state agency shall act on behalf of the United States department of agriculture (USDA) food and nutrition service (FNS) in any bankruptcy proceeding against bankrupt assistance groups with outstanding recipient claims. Bankruptcy information shall be documented in the Ohio benefits integrated eligibility system. Bankruptcy of one assistance group member does not terminate a claim when there are other adult assistance group members liable for the claim.

Last updated April 1, 2026 at 7:48 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-23 Food assistance: claims retention rates and accounting procedures.

(A) What are the county agency retention rates?

A retention rate is the amount of incentive the county agency can keep from the overpayment collection. The rates are as follows:

(1) Intentional program violation claim: thirty-five per cent.

(2) Inadvertent household error claim: twenty per cent.

(3) Agency error claim: no retention.

The county agency shall not retain any of the amount by which the original allotment was reduced because of removing the intentional program violation individual from the assistance group. The county agency may retain the corresponding portion of the collected overpayment amount.

When an inadvertent household error and agency error occurred but it cannot be determined which months are from the agency error and which months are an inadvertent household error, the claim shall be classified as an agency error and the county agency shall not retain any portion of the collection. When the county agency discovers overpayments spanning several months, some months attributable solely to assistance group error and some months to agency error, two claims shall be established in order to retain twenty per cent of the collections on the inadvertent household error claim. Overpayments occurring in months attributable to assistance group error shall be calculated independently of the months attributable to agency error. The county agency must complete a separate JFS 07424 "Report of Claim Determination/Lost Benefits".

When an overpayment is a result of an inadvertent household error and agency error within the same month, the claim is considered an agency error and the county agency may not retain any amount from the overpayment.

(B) What is the county agency retention rate when a claim established as an inadvertent household error claim becomes an intentional program violation claim?

The county agency shall retain twenty per cent of the collection (except expungements) on an inadvertent household error claim. The county agency shall retain twenty per cent of the amounts recovered on a claim being handled as an inadvertent household error claim pending a determination by an administrative disqualification hearing officer, or a court of appropriate jurisdiction that an intentional program violation was committed, or receipt of either a signed waiver or consent agreement. Once the determination or signed document is obtained, the county agency may recover from the state an additional fifteen per cent incentive on collections made before the change in claim status. The county agency shall update the Ohio benefits integrated eligibility system when there is a change in claim status. The county agency shall revise the JFS 07424 when the status of a claim is changed from inadvertent household error to intentional program violation.

(1) The county agency shall maintain an accounting system for monitoring recipient claims against assistance groups. This accounting system shall consist of both the system of records maintained for individual debtors and the accounts receivable summary data maintained for these debts.

At a minimum, the accounting system shall document the following for each claim:

(a) The date of discovery;

(b) The reason for the claim;

(d) The date the claim was established;

(e) The methods used to collect the claim;

(f) The amount and incidence of any claim processing charges;

(g) The reason for the final disposition of the claim;

(h) Any collections made on the claim;

(i) Any correspondence, including follow-up letters, sent to the assistance group;

(j) An intentional program violation claim shall also include the administrative disqualification hearing decision, a disqualification consent agreement, waiver of administrative disqualification hearing, or court order indicating the assistance group was convicted of intentional program violation; and

(k) Terminated claims shall also include the basis for termination of collection action.

(2) At a minimum the accounting system shall also identify the following for each claim:

(a) Those assistance groups whose claims have become delinquent (the Ohio benefits integrated eligibility system automatically issues a notice to recipients whose installment agreement repayments are delinquent);

(b) Those situations in which an amount not yet restored to an assistance group can be used to offset a claim owed by the assistance group; and

(D) What happens to the retained incentive funds?

The county agency shall deposit all cash collections reported into its public assistance fund. The county agency public assistance fund then will be adjusted as part of the quarterly reconciliation process to reflect the amount of total collections the county agency is entitled to retain.

Last updated April 1, 2026 at 7:48 AM

History

Effective: April 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-30 Food assistance: treasury offset program.

(A) What is the treasury offset program (TOP)?

The TOP allows the United States department of the treasury to offset eligible federal payments as a means of collecting past due supplemental nutrition assistance program (SNAP) claims established in accordance with this chapter of the Administrative Code.

(B) What is an eligible federal payment?

Eligible federal payments include:

(1) Federal income tax refunds;

(2) Federal salary income, including military pay;

(3) Federal retirement income, including military retirement income;

(4) Contractor/vendor payments;

(5) Certain federal benefit payments, such as social security, railroad retirement (other than tier 2), and black lung (part B) benefits; and

(6) Other federal payments, including certain loans that are not exempt from offset.

The Ohio department of job and family services (ODJFS) refers claims that are legally enforceable and past due.

(1) A claim is legally enforceable when:

(a) The case record contains verification that the debtor has been notified of hearing rights concerning the claim;

(b) The case record contains documentation showing the claim was properly established in accordance with this chapter;

(d) The claim has not been discharged in bankruptcy and there is not a bankruptcy stay in effect.

(2) When is a claim past due?

A claim is past due when it has been delinquent (as defined in rule 5101:4-8-19 of the Administrative Code) for one hundred twenty days and the debtor has not responded to a notice of default.

A claim is not past due when:

(a) A state hearing on the issue of the establishment of the claim is pending;

(b) In accordance with paragraph (C) of rule 5101:4-8-19 of the Administrative Code, the thirty days allowed for the debtor's response to a SNAP repayment agreement have not expired;

(d) The claim has already been paid off; or

(e) There is another documented reason why the claim is not legally enforceable or past due.

(D) Is the debtor notified prior to the referral to the TOP?

No later than sixty days before the referral to the TOP, at least one debtor on a claim is notified of the pending referral.

(E) Will a payment made on the claim cancel the referral to the TOP?

(1) When a debtor makes an acceptable repayment arrangement the claim shall not be referred for offset. An acceptable repayment arrangement means:

(a) When the claim balance is five hundred dollars or less, the balance shall be paid in full within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of this rule.

(b) When the claim balance is more than five hundred dollars:

(i) Payment(s) totaling five hundred dollars are to be received within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of this rule; and

(ii) The debtor is to agree in writing to repay the balance of the claim.

(2) Any payment that the county agency receives in response to the notice issued in accordance with paragraph (D) of this rule shall be credited to the claim proposed to be referred for offset. The county agency shall enter the repayment information into the Ohio benefits integrated eligibility system on the day that the repayment is received. When the claim balance is more than five hundred dollars, a payment of less than five hundred dollars will not prevent or cancel the offset action.

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

The county agency shall:

(1) Have a nationwide toll-free telephone service available to the debtor during the agency's regular business hours. The county agency's toll-free telephone number and mailing address shall be printed on all notices issued to debtor.

(2) Verify the debtor's identifying information before discussing the claim with the individual.

(3) Comply with the federal taxpayer information safeguarding requirements described in rule 5101:9-9-25 of the Administrative Code.

(4) Forward written requests to ODJFS, office of family assistance, bureau of program integrity (BPI) for a review on a claim that has not yet been referred to the TOP in accordance with rule 5101:4-8-30.1 of the Administrative Code.

(5) Submit the JFS 07430 "Offset Programs Referral Cancellation/Refund Request" to ODJFS within one business day of the determination that a referral is to be canceled.

(G) What happens when the amount of the offset exceeds the amount of the claim?

When the amount of the offset exceeds the amount of the claim, the debtor shall be refunded the difference between the unpaid amount of the claim and the amount offset.

Last updated December 1, 2025 at 7:46 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5101:4-8-30.1 Food assistance: review of a claim pending a treasury offset program referral.

In accordance with rule 5101:4-8-30 of the Administrative Code, an individual financially responsible (debtor) for a supplemental nutrition assistance program (SNAP) claim that disagrees with a referral to the treasury offset program (TOP) may request a review by the Ohio department of job and family services (ODJFS), office of family assistance, bureau of program integrity (BPI), and then by the United States department of agriculture (USDA) food and nutrition service (FNS).

(A) What are the responsibilities of BPI when a written review request concerning the referral of the debt to the TOP is received?

BPI shall:

(1) Conduct a review on all requests received within sixty days of the mailing date of the notice issued in accordance with paragraph (D) of rule 5101:4-8-30 of the Administrative Code. BPI will not conduct a review on requests received later than sixty days after the mailing date of the notice.

(2) Not refer a claim for offset while the claim is under review.

(3) Verify the debtor's social security number.

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

(5) For written review requests issue a written notice to the debtor within thirty days of receipt of the written request for review, when it is determined that the claim is legally enforceable and past due. The notice includes:

(a) A statement that the claim will be referred to the TOP unless the debtor makes an acceptable repayment arrangement on the claim in accordance with paragraph (E) of rule 5101:4-8-30 of the Administrative Code; and

(b) Instructions and time limits to request a review by FNS of the BPI determination. The request for an FNS review is to be received by the USDA FNS midwest regional office within thirty days from the mailing date of the notice.

(6) For written review requests issue a written notice to the debtor within thirty days of the receipt of the written request for review, when it is determined that the claim is not legally enforceable and/or past due. This notice includes:

(a) A statement that the claim will not be referred to offset; and

(b) A statement that the county agency or BPI may take action necessary to establish and/or recover the claim.

(7) Cancel the referral in accordance with rule 5101:4-8-30 of the Administrative Code, when a determination is made that a claim is not legally enforceable and past due.

(8) Issue a copy of the written notice(s) sent to the debtor to the county agency.

(B) When an FNS review of the BPI determination has been requested, who does FNS notify of their determination?

FNS notifies BPI and the debtor of its determination. BPI will then notify the applicable county agency of the FNS determination.

(1) When FNS determines that BPI correctly determined the claim to be past due and legally enforceable, FNS notifies the debtor that any further appeal is to be made through the courts and the referral to the TOP will proceed.

(2) When FNS determines that BPI incorrectly determined the claim to be past due and legally enforceable, FNS notifies BPI about any corrective action that is to be taken with respect to the claim.

Last updated December 1, 2025 at 7:46 AM

History

Effective: December 1, 2025
Promulgated Under: 111.15

Chapter 5101:4-9 SNAP E&T Program

Ohio Adm.Code 5101:4-9-01 SNAP employment and training program.

The supplemental nutrition assistance program (SNAP) employment and training (E&T) program is designed to meet employer needs and move SNAP recipients into the workforce. This rule describes the overall SNAP E&T program design and the operating principles for ensuring that SNAP E&T promotes basic job skills in participants and that programming aligns with preparing participants to enter in-demand jobs or meet local employer needs.

(A) What are the key features of the SNAP E&T program?

(1) Meeting employer needs: SNAP E&T is part of the statewide workforce system and relies on labor market data and employer needs to inform programming. County agencies are able to design their program to be consistent with paragraph (B) of this rule and to meet local workforce needs.

(2) Promoting sustained self-sufficiency: SNAP E&T includes case management and encourages a continuum of services to reduce barriers to employment and move recipients into the workforce and off of public assistance. Rule 5101:4-9-04 of the Administrative Code provides the framework for county agencies to provide case management services and rule 5101:4-9-05 of the Administrative Code describes how the SNAP E&T program is designed to ensure progress by SNAP E&T enrolled participants, as defined in paragraph (D) of this rule.

(3) Increasing basic job skills: SNAP E&T focuses on increasing basic job skills and focuses on finding jobs for unemployed able-bodied adults without dependents (ABAWDs). The education and training components of SNAP E&T are described in rule 5101:4-9-07 of the Administrative Code and its supplemental rules.

(4) Improving financial literacy: Every individual enrolled in SNAP E&T is to receive financial literacy training, that includes enhancing the individual's knowledge and skills to manage their financial resources effectively and make responsible financial decisions that suit their financial situation and support their life goals.

(B) What are the essential elements of the SNAP E&T program?

(1) Each county agency is to:

(a) Submit a SNAP E&T plan to the Ohio department of job and family services (ODJFS). Plans that do not conform to the template provided by the department will not be approved.

(b) Design and operate its SNAP E&T program in consultation with their local workforce development board and consistent with the rules in Chapter 5101:4-9 of the Administrative Code, including providing SNAP E&T components in accordance with rule 5101:4-9-07 of the Administrative Code, case management services and monitoring the progress of SNAP E&T participants .

(d) Ensure activities are performed by a SNAP E&T case manager who is familiar with the rules in Chapter 5101:4-9 of the Administrative Code. A SNAP E&T case manager may be an employee of the county agency or a third-party under contract by the county agency.

(e) Ensure that when it (or its contracted provider) becomes aware that an able-bodied adult without dependents (ABAWD) who has enrolled in SNAP E&T has failed to participate in an assigned SNAP E&T component, that the failure is documented in the Ohio benefits integrated eligibility system within ten days of the failure.

(f) Be fiscally responsible for SNAP E&T activities funded under the plan and is liable for repayment of unallowable costs.

(g) Ensure that SNAP E&T funds are not used to serve Ohio works first (OWF) recipients.

(2) Each SNAP E&T enrolled participant is expected to:

(a) Fully participate in the SNAP E&T program in order to obtain skills, training and work experience needed to move into gainful employment, including complying with work site and provider rules.

(b) Commit to developing and fulfilling goals necessary to overcome barriers to employment.

Any applicant or recipient of SNAP benefits may request to participate in SNAP E&T. Prior to referring the individual for scheduling of a comprehensive assessment conducted in accordance with rule 5101:4-9-02 of the Administrative Code, the county agency is to ensure that:

(1) The individual has knowingly requested to participate in SNAP E&T and the date of request is documented in the Ohio benefits integrated eligibility system;

(2) The individual is appropriate for referral:

(a) Automatically if they are an unemployed ABAWD. For purposes of this chapter, "unemployed ABAWD" means an ABAWD with no earned income.

(i) Every unemployed ABAWD who requests to participate in SNAP E&T is appropriate for referral.

(ii) The county agency will give priority of service to serving unemployed ABAWDs.Priority of service includes, but is not limited to, giving the individual precedence in scheduling of assessments; and if enrolled, priority to assignment of a SNAP E&T component and providing necessary supportive services. Priority of service does not guarantee that the unemployed ABAWD will be enrolled in SNAP E&T.

(b) At county option, when they are an unemployed or underemployed individual who is seeking employment or to improve employment opportunities and who has a barrier to employment, as defined by the county agency.

When a county agency elects to serve individuals outside of the unemployed ABAWD population, it is to ensure that eligibility workers are aware of the criteria for referral and that the criteria be applied fairly to all individuals who request to participate;

(3) When determined appropriate, the individual has been approved for SNAP benefits by the time the comprehensive assessment is conducted.

When determined not appropriate, the county agency is to inform the individual within fifteen days of the individual requesting to participate in SNAP E&T, that they are not appropriate for referral, by any reasonable means (letter, phone call, email, etc.)

(D) When is an individual considered enrolled in SNAP E&T?

(1) An individual is considered a "SNAP E&T program participant" when they complete a comprehensive assessment administered in accordance with rule 5101:4-9-02 of the Administrative Code.

(2) A SNAP E&T program participant is considered enrolled in SNAP E&T once they are assigned to one or more SNAP E&T components. Once a program participant is determined appropriate for SNAP E&T and enrolled, the individual may only be disenrolled from SNAP E&T consistent with rule 5101:4-9-06 of the Administrative Code.

(E) What are the limitations on participation in SNAP E&T?

(1) The total monthly hours of participation in the SNAP E&T program for any SNAP E&T enrolled participant, together with any hours worked for compensation (in cash or in-kind), are not to exceed one hundred twenty.

(2) No SNAP E&T enrolled participant is to work more than eight hours on any given day without their consent.

(3) An assignment to an activity is not to interfere with a SNAP E&T enrolled participant's hours of regular paid employment so long as this employment is countable income in accordance with rule 5101:4-4-19 of the Administrative Code.

(4) SNAP E&T program participants and enrolled participants are not to be assigned to program activities that result in the displacement of other persons. Displacement occurs when a SNAP E&T enrolled participant's assignment results in removing or discharging employees or otherwise denying such employment to persons who:

(a) Are already employed as regular full-time or part-time employees;

(b) Are or have been employed full time or part time as participants in a subsidized employment program/on-the-job training or in other publicly subsidized employment and training programs;

(d) Have been laid off and are either:

(i) Receiving unemployment compensation; or

(ii) Subject to recall under the established policies of the employer or sponsor.

Last updated October 1, 2024 at 9:58 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-02 SNAP E&T comprehensive assessment.

This rule describes the comprehensive assessment process used by employment and training (E&T) case managers to determine the employment and educational goals, needs, barriers and strengths of an individual who has requested to participate and been determined appropriate for referral to the supplemental nutrition assistance program (SNAP) E&T program.

(A) What is included in the comprehensive assessment?

(1) A county agency is to conduct a comprehensive assessment of each individual referred to SNAP E&T. The comprehensive assessment includes:

(a) A SNAP E&T assessment administered by an E&T case manager using the Ohio benefits integrated eligibility system. The SNAP E&T assessment includes but is not limited to a review of the referred individual's occupational skills, prior work experience, employability, interests, aptitudes, supportive service and developmental needs.

The SNAP E&T assessment will assist the E&T case manager in scoring the individual's status across five areas of well-being and the scores of SNAP E&T enrolled participants will be regularly updated to reflect progress made in the SNAP E&T program. The areas include:

(i) Family stability;

(ii) Well-being;

(iii) Financial literacy and management;

(iv) Education and training; and

(v) Employment and career.

(b) For individuals who do not have at least an associate degree awarded by an accredited institution of higher education, a basic skills assessment selected by the county agency to determine if the referred individual 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. The county agency is to select assessment instruments that are valid and appropriate for the population and identify them in its SNAP E&T plan.

(2) The time spent in a SNAP E&T assessment and/or basic skills assessment is to be documented as an assignment in the Ohio benefits integrated eligibility system. For able-bodied adults without dependents (ABAWDs), the time spent in an assessment is not to be used to fulfill their work requirement unless the ABAWD is also assigned to one or more SNAP E&T components.

(3) When a county agency has a contract or agreement with a third-party to conduct all or part of the comprehensive assessment, the county agency is to ensure all of the following:

(a) The assessment administered by the third-party will include at a minimum, the same information that would otherwise be collected during a comprehensive assessment using the Ohio benefits integrated eligibility system;

(b) The information gathered by the third-party will be promptly entered into the Ohio benefits integrated eligibility system, including the information needed to generate a well-being score; and

(c) Suitability determinations made as a result of the comprehensive assessment are consistent with Chapter 5101:4-9 of the Administrative Code.

(B) When is a comprehensive assessment to be conducted?

(1) For unemployed ABAWDs, a county agency is to conduct a comprehensive assessment utilizing the Ohio benefits integrated eligibility system within fifteen days of the individual requesting to participate in SNAP E&T or approval of SNAP benefits, whichever is later. For all others, the assessment is to be conducted within thirty days of the date the individual requested to participate in SNAP E&T or approval of SNAP benefits, whichever is later. A county agency is to provide necessary supportive services to ensure an individual can participate in their assessment.

The failure of a county agency to timely schedule an assessment is not good cause for an ABAWD failing to fulfill their work requirement.

(2) The SNAP E&T assessment is to be updated by a case manager in the Ohio benefits integrated eligibility system and in consultation with the SNAP E&T enrolled participant:

(a) Each time an activity to an assignment to a SNAP E&T component has ended;

(b) When the SNAP E&T case manager determines the SNAP E&T enrolled participant's circumstances warrant an update to the assessment; and

(1) Prior to assigning an individual to an E&T component and enrolling them in SNAP E&T, the E&T case manager is to consider if the individual is suitable for participation in the component. Rules 5101:4-9-07.01 to 5101:4-9-07.06 of the Administrative Code include a description of who is best suited for participation in each SNAP E&T component.

The determination of suitability is to be based on the totality of the individual's circumstances, including the outcome of the comprehensive assessment and whether or not the individual is likely to achieve the desired outcome of the assigned SNAP E&T component(s). When making the determination, the SNAP E&T case manager is to consider if there is an activity within a component that if assigned, will meet the individual's needs and that the individual:

(a) Is likely or able to obtain or retain employment as a result of participation in the SNAP E&T component;

(b) Is in need of education or training services to obtain or retain employment;

(d) Has selected a component that will lead to employment in an in-demand job or meet local employer needs.

(2) A SNAP E&T case manager is not to assign an individual to a SNAP E&T component that is not suitable and the decision is not an adverse action subject to rule 5101:6-2-04 of the Administrative Code. However, the E&T case manager is to inform the individual that they are not suitable by any reasonable means (letter, phone call, email, etc.).

(3) The considerations described in this paragraph apply to all individuals referred to SNAP E&T and an assignment is not to be made if there is not a suitable assignment for the individual. This includes:

(a) Individuals who are to receive priority of service in accordance with rule 5101:4-9-01 of the Administrative Code; and

(b) Individuals who are to meet the ABAWD work requirement in accordance with rule 5101:4-3-11 of the Administrative Code.

(D) How does an E&T case manager assign an individual to an E&T component?

Upon determining that an individual is suitable for assignment to one or more SNAP E&T components, the E&T case manager is to use the Ohio benefits integrated eligibility system and work with the individual to develop an employability plan. A copy of the employability plan is to be provided to the SNAP E&T enrolled participant. The employability plan includes:

(1) An assignment to activities in one or more SNAP E&T component, including tentative dates, times and locations for each activity and hours of participation;

(2) Goals and milestones for achievement;

(3) Supportive services to be provided;

(4) The case management services and plan for progress monitoring; and

(5) The expectations of SNAP E&T enrolled participants.

(E) What happens when a SNAP E&T enrolled participant is no longer suitable for an assigned SNAP E&T component?

(1) When a SNAP E&T provider determines an enrolled participant is no longer suitable for an assigned SNAP E&T component, the county agency is to take the following actions. For purposes of this rule, "SNAP E&T provider" means an entity other than a county agency, that is providing E&T services in one or more SNAP E&T component(s) to an enrolled participant.

(a) A SNAP E&T provider is to notify the county agency within ten days of determining that an enrolled participant is not suited for participation in an assigned SNAP E&T component. The SNAP E&T provider may make the determination at any time between when the individual is referred to an activity until the activity is completed.

(b) Within ten days of receiving notice from the provider, the E&T case manager is to notify the enrolled participant of the determination. The notification may be verbal or in writing and is to include the following:

(i) A description of the provider determination (when available);

(ii) The next steps the county agency will take as a result of the provider determination;

(iii) The E&T case manager's contact information;

(iv) Information that the individual is not being sanctioned as a result of the provider determination; and

(v) For an ABAWD who is the subject of the provider determination, information that unless they are otherwise meeting the ABAWD work requirement described in rule 5101:4-3-13 of the Administrative Code, has good cause or is otherwise exempt they will accrue countable months beginning the next full benefit month after they are notified of the provider determination.

(c) Within ten days of notifying the enrolled individual of the provider determination, but no later than the next recertification date, the E&T case manager is to:

Ensure that the enrolled individual is suitable for assignment to one or more SNAP E&T component(s) pursuant to this rule. If suitable for assignment, the E&T case manager is to update the participant's case file in the Ohio benefits integrated eligibility system and make the assignment; if not suitable for assignment, the E&T case manager is to follow the disenrollment process described in rule 5101:4-9-06 of the Administrative Code.

(2) When a county agency is the provider of a SNAP E&T component and determines a SNAP E&T enrolled participant is no longer suitable for the assigned SNAP E&T component, the county agency is to take the following actions:

(a) Within ten days of making the determination, the E&T case manager is to notify the enrolled participant of the determination. The notification may be verbal or in writing and is to conform with paragraph (E)(1)(b) of this rule. The county agency or E&T case manager may make the determination at any time between when the individual is referred to an activity until the activity is completed.

(b) Within ten days of notifying the enrolled individual of the provider determination, but no later than the next recertification date, the E&T case manager is to take the actions described in paragraph (E)(1)(c) of this rule.

(F) What is the consequence for not meeting expectations contained in the employability plan?

There is no loss of SNAP eligibility or change in benefit amount due to a failure to meet an expectation contained in an individual's employability plan. However, meeting SNAP E&T program expectations are indicators of progress within the SNAP E&T program and when monitoring progress in accordance with rule 5101:4-9-05 of the Administrative Code, the county agency is to consider if the individual met SNAP E&T expectations included in the employability plan.

Last updated October 1, 2024 at 9:34 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-03 SNAP E&T supportive services.

Beginning with the costs associated with participating in the comprehensive assessment and continuing until disenrollment from the supplemental nutrition assistance program (SNAP) employment and training (E&T) program, individuals may need assistance in overcoming barriers, including being reimbursed for expenses directly related to their participation in the SNAP E&T program. This rule describes the responsibilities of a case manager to ensure supportive services are provided as needed.

(A) What are supportive services?

Services determined by a SNAP E&T case manager to be necessary and reasonable to enable an individual to participate in SNAP E&T, achieve self-sufficiency and/or obtain or retain employment. This includes providing reimbursement for expenses or costs associated with attending an E&T assessment. There are two categories of supportive services:

(1) Allowable expenses directly related to participation include, but are not limited to the cost of transportation, other work, training or education related expenses and child care.

(2) Connections to other programs: When an E&T case manager identifies that a SNAP E&T enrolled individual has a barrier to employment not directly related to participation in SNAP E&T, the E&T case manager is to work with the individual to explore ways to overcome the barrier(s), including but not limited to:

(a) Linkages to community services;

(b) Assistance with housing;

(d) Connections to publicly funded child care;

(e) Legal services; and

(f) Referrals to health care.

(B) What are the county agency's responsibilities for providing supportive services?

A county agency and the assigned E&T case manager are to:

(1) Arrange and provide payment for reimbursement or expenses that directly relate to participation in the SNAP E&T program (including the comprehensive assessment);

(2) Make reasonable and diligent efforts to connect a SNAP E&T enrolled participant to programs or services needed to overcome barriers to employment;

(3) Explore needed supportive services with the SNAP E&T enrolled participant during the comprehensive assessment, through case management and as a way to address barriers to progress in the SNAP E&T program;

(4) Document supportive services in the Ohio benefits integrated eligibility system, including, if known, the cost of providing the service to the participant, even when the service was provided through another program (for example, the value of a rent payment made through a county agency's prevention, retention or contingency program); and

(5) Be solely responsible for determining the appropriateness and the availability of funds for payment or reimbursement, including determining if the expense or reimbursement is allowable.

(6) Provide reimbursement for child care expenses for a child under the age of twelve, that directly relate to participation in SNAP E&T only when:

(a) The individual has applied for publicly funded child care and been determined not to be eligible; or

(b) The individual is eligible for publicly funded child care and has copay expenses.

Last updated October 1, 2024 at 9:34 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-04 SNAP E&T case management.

Every individual enrolled in the supplemental nutrition assistance program (SNAP) employment and training program (E&T) is able to receive case management services from an E&T case manager. This rule describes elements of case management, including the role it plays in monitoring progress in the SNAP E&T program.

(A) What is case management?

(1) A county agency is to design its SNAP E&T case management services to support a partnership between a SNAP E&T enrolled participant and an E&T case manager to help the participant develop the resources, skills, and sustained behavior changes necessary to attain and preserve their economic independence and progress through the SNAP E&T program.

(2) The timing and frequency of case management services is to be individualized, but is to include contact between the E&T case manager and SNAP E&T enrolled participant no less than every thirty days.

(B) What are the responsibilities of SNAP E&T case managers?

(1) At least once a month, every SNAP E&T enrolled participant is to be provided with case management services by an E&T case manager. Case management may be provided in person, via email or over the phone, but is to include the option for direct discussion between the SNAP E&T enrolled participant and the E&T case manager.

When a SNAP E&T enrolled participant does not utilize case management services for two consecutive months, the SNAP E&T case manager may stop attempting to provide case management services. However, an enrolled SNAP E&T participant who is otherwise making satisfactory progress in SNAP E&T is not to be disenrolled from SNAP E&T based only on not participating in case management.

(2) E&T case managers are to ensure that case management supports the progress of a SNAP E&T enrolled participant without allowing case management to become an impediment to participation.

(3) When an E&T case manager becomes aware of a circumstance that may qualify a SNAP E&T enrolled participant for an exemption from a work requirement or good cause for noncompliance with a work requirement, the E&T case manager is to provide that information to the appropriate staff in the county agency who can then make the determination.

(4) When a SNAP E&T enrolled participant has been assigned to case management, the E&T case manager is to record the number of hours a SNAP E&T enrolled participant will spend in case management (if any) in the Ohio benefits integrated eligibility system.

(a) An able-bodied adult without dependents (ABAWD) is only to be assigned hours in case management if they are also assigned to one or more SNAP E&T components and the number of hours in case management is not to exceed more than half of all SNAP E&T assigned hours.

(b) When recording the number of hours spent in case management, only allowable SNAP E&T activities should be recorded. For example, the hours a SNAP E&T enrolled participant spends with an E&T case manager identifying a temporary housing solution are to be recorded, but the hours spent actually moving into temporary housing are not part of an allowable SNAP E&T component or activity and therefore are not to be recorded.

Last updated October 1, 2024 at 9:35 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-05 SNAP E&T progress monitoring.

The supplemental nutrition assistance program (SNAP) employment and training (E&T) program has limited funding and therefore, it is critical that SNAP E&T enrolled participants have clear and achievable goals designed to ensure they are advancing through the SNAP E&T program and into sustained self-sufficiency. This rule describes the ongoing process E&T case managers are to use when determining if a SNAP E&T enrolled participant is making satisfactory progress in the SNAP E&T program and the actions to be taken when satisfactory progress has not been made.

(A) What is ongoing progress monitoring?

Progress monitoring is the responsibility of the E&T case manager and includes an ongoing evaluation of:

(1) The SNAP E&T enrolled participant's employment goals, needs, barriers and strengths;

(2) Whether the individual is achieving the goals and milestones contained in the SNAP E&T employability plan;

(3) Information gained (if any) from conversations with the SNAP E&T enrolled participant through case management services offered in accordance with rule 5101:4-9-04 of the Administrative Code; and

(4) Reports from SNAP E&T providers to accurately gauge a participant's level of engagement and progress in the SNAP E&T program.

(B) What is satisfactory progress?

Satisfactory progress in the SNAP E&T program means a SNAP E&T enrolled participant is:

(1) Actively achieving goals and milestones detailed in their employability plan;

(2) Engaged in the SNAP E&T program; and

(3) In good standing and making expected progress as determined by the provider of the SNAP E&T services. For purposes of this rule, "provider" includes a county agency who is providing a SNAP E&T component.

(C) What are a SNAP E&T case manager's responsibilities for assisting a SNAP E&T enrolled participant in making satisfactory progress in the SNAP E&T program?

The E&T case manager is to:

(1) Conduct ongoing progress monitoring; and

(2) Make adjustments as necessary to the SNAP E&T enrolled participant's employability plan regarding:

(a) Employment goals, needs, barriers and strengths;

(b) Supportive services; and

(D) What are the consequences of not making satisfactory progress in the SNAP E&T program?

Only after an E&T case manager has exercised due diligence in carrying out the responsibilities described in paragraph (C) of this rule:

(1) Within ten days of an E&T case manager determining that a SNAP E&T enrolled participant is not making satisfactory progress in the SNAP E&T program, the E&T case manager is to follow the disenrollment process described in rule 5101:4-9-06 of the Administrative Code.

(2) There is no loss of SNAP eligibility or change in benefit amount as a consequence of failing to make satisfactory progress and the determination is not an adverse action subject to rule 5101:6-2-04 of the Administrative Code. However, the E&T case manager is to inform the SNAP E&T enrolled participant that they are not making satisfactory progress by any reasonable means (letter, phone call, email, etc.).

Last updated October 1, 2024 at 9:35 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-06 SNAP E&T disenrollment.

Once an individual has been enrolled in the supplemental nutrition assistance program (SNAP) employment and training (E&T) program, they may only be disenrolled in accordance with the provisions of this rule. This rule describes when a SNAP E&T enrolled participant may be disenrolled from the SNAP E&T program and the process a SNAP E&T case manager is to follow when disenrolling a SNAP E&T enrolled participant from the SNAP E&T program.

(A) Under what circumstances may an E&T case manager disenroll a SNAP E&T enrolled participant from SNAP E&T?

A case manager may disenroll an individual when:

(1) The SNAP E&T enrolled participant informs the E&T case manager that SNAP E&T services are no longer needed. This includes when the enrolled participant has:

(a) Obtained unsubsidized employment;

(b) Achieved all employment, educational and/or training goals;

(c) Become ineligible for SNAP due to an increase in earned income and not receiving job retention services in accordance with rule 5101:4-9-07.5 of the Administrative Code;

(d) Exhausted job retention services provided in accordance with rule 5101:4-9-07.5 of the Administrative Code; or

(e) Enrolled in a program under Title 1 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, (07/2014); a program under section 236 of the Trade Act of 1974, 19 U.S.C. 2296, (06/2015); or a program of employment and training for veterans operated by the department of labor or the department of veterans affairs.

(2) The E&T enrolled participant can no longer be served with E&T services. This includes when the enrolled participant cannot be assigned due to:

(a) The lack of a provider of a suitable E&T component or activity (this includes reaching provider capacity);

(b) Funding limitations by the county agency;

(d) The enrolled participant is not suitable for assignment to a SNAP E&T component;

(e) The E&T enrolled participant is deceased;

(f) The E&T enrolled participant has moved out of the county;

(g) Military enlistment or deployment of the E&T enrolled participant; or

(h) Loss of SNAP eligibility due to an increase in unearned income or for any reason other than fraud or non-compliance and not receiving job retention services in accordance with rule 5101:4-9-07.5 of the Administrative Code.

(3) The E&T enrolled participant is not making progress in the SNAP E&T program. This includes when the enrolled participant has:

(a) Voluntarily withdrawn from SNAP E&T;

(b) Not engaged in SNAP E&T for at least two consecutive months;

(c) Been determined to not be making satisfactory progress in the E&T program in accordance with rule 5101:4-9-05 of the Administrative Code; or

(d) Loss of SNAP eligibility due to fraud or non-compliance.

(B) What are the SNAP E&T case manager's responsibilities when disenrolling a SNAP E&T enrolled participant?

(1) The SNAP E&T case manager is to document the disenrollment in the Ohio benefits integrated eligibility system, including ensuring that all supportive services and assignments have been end-dated.

(2) There is no loss of SNAP eligibility or change in benefit amount due to disenrollment from SNAP E&T and the decision is not an adverse action subject to rule 5101:6-2-04 of the Administrative Code. However, within ten days of determining that the SNAP E&T enrolled participant is to be disenrolled, the SNAP E&T case manager is to inform the SNAP E&T enrolled participant of the reason for the disenrollment and the date it takes effect by any reasonable means (letter, phone call, email, etc.).

Last updated October 1, 2024 at 9:36 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07 SNAP E&T components.

Every individual enrolled in the supplemental nutrition assistance program (SNAP) employment and training (E&T) program is to be assigned to one or more SNAP E&T components. This rule describes the components and conditions for operating them.

(A) What are the SNAP E&T components?

A SNAP E&T component is a broad category of employment or training activities. Each component has one or more activities that SNAP E&T enrolled participants may participate in and each component is intended to lead to a specific educational or employment outcome.

(1) Every county agency is to offer the following SNAP E&T components:

(a) Supervised job search consistent with rule 5101:4-9-07.1 of the Administrative Code;

(b) Job search training consistent with rule 5101:4-9-07.2 of the Administrative Code;

(d) Education consistent with rule 5101:4-9-07.4 of the Administrative Code; and

(e) Job retention consistent with rule 5101:4-9-07.5 of the Administrative Code.

(2) Any county agency may offer the SNAP E&T component of work experience consistent with rule 5101:4-9-07.6 of the Administrative Code.

(B) What are the responsibilities of a county agency for operating SNAP E&T components?

The county agency is to ensure that case managers:

(1) Assign every SNAP E&T enrolled participant to complete a financial literacy course as an educational component activity. 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

(2) Offer job retention services consistent with the provisions of rule 5101:4-9-07.5 of the Administrative Code, to any SNAP E&T enrolled participant who begins unsubsidized, paid employment while enrolled in SNAP E&T.

(3) Coordinate with SNAP eligibility workers to ensure enrolled participants are eligible to receive SNAP E&T services, including providing information about changes in participation by able-bodied adults without dependents (ABAWDs).

(4) Make reasonable modifications for individuals with a disability and otherwise comply with rule 5101:9-2-02 of the Administrative Code.

(5) Ensure every SNAP E&T component involves a level of effort on behalf of the SNAP E&T enrolled participant comparable to spending approximately twelve hours a month for two months making job contacts (less in workfare or work experience components if the participant's benefit divided by the minimum wage is less than this amount).

(1) Enrolled participants in the SNAP E&T program are not to be assigned to program activities that result in the displacement of other persons. Displacement occurs when a participant's assignment results in removing or discharging employees or otherwise denying such employment to persons who:

(a) Are already employed as regular full-time or part-time employees.

(b) Are or have been employed full time or part time as participants in a subsidized employment program/on-the-job training or in other publicly subsidized employment and training programs.

(d) Have been laid off and are either:

(i) Receiving unemployment compensation; or

(ii) Subject to recall under the established policies of the employer or sponsor.

(2) Enrolled participants are to be assigned to a sufficient number of hours to effectively and efficiently provide the participant with the necessary training to move into employment. When an ABAWD is not able to fulfill their work requirement based only on hours assigned to SNAP E&T activities, it is the responsibility of the ABAWD to find additional allowable hours to fulfill their requirement.

Last updated October 1, 2024 at 9:36 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.1 SNAP E&T supervised job search.

(A) What is supervised job search?

Supervised job search is a component designed to provide job-ready individuals with access to structured activities that have a direct link to increasing opportunities to find suitable employment. County agencies are to design their supervised job search programs to at least accomplish the following objectives:

(1) Enrolled participants are trained in the strategies and skills to be used in obtaining employment of the highest quality within the shortest period of time;

(2) Enrolled participants are provided with an experience in which the techniques learned could be used at any time; and

(3) Employers in the community are provided with qualified individuals to fill vacant positions.

(B) What activities are included in supervised job search?

Supervised job search activities are to have a direct link to employment and include, but are not limited to:

(1) Actively applying for work;

(2) Instruction in job-seeking skills;

(3) Building connections with prospective employers; and

(4) Attending hiring events and other networking opportunities.

(1) Supervised job search is to occur at county-approved locations where an enrolled participant's activities and time participating are able to be directly supervised and tracked. County approved locations include any location deemed suitable by the county agency and where the participant has access to tools, and materials needed to perform supervised job search.

(2) Supervised job search locations are not limited to a physical building and may include virtual tools. Examples of physical locations may include the OhioMeansJobs centers operated by the local workforce development board or resource rooms at the job and family services office; whereas virtual tools may include the OhioMeansJobs.com website, other websites, portals or web applications. Offering a variety of locations and formats to best meet participant needs is encouraged and to the extent possible, county agencies are to allow participants to choose their preferred location and format.

(3) Supervision, either remotely or in-person, is to be provided by skilled staff who provide meaningful guidance and support with at least monthly check-ins. Supervision and job search activities may occur at different times, and is to be provided in such a way to best support the participant and may include activities such as job search coaching, review of job search activities, and guidance on how to best target participant job search activities.

(4) Time spent in supervised job search activities is to be tracked within the Ohio benefits integrated eligibility system.

(D) Who is best suited for participation in supervised job search?

In addition to the suitability criteria described in rule 5101:4-9-02 of the Administrative Code, a case manager is to consider the following prior to making an assignment:

(1) The participant should have prior work history and the skills necessary to participate in the component, including but not limited to the necessary technological skills and access to websites and other resources to successfully complete activities.

(2) The participant will be likely to find a job through participation in the activity and there are suitable jobs available for that participant.

(E) What are the limitations on participating in supervised job search?

(1) A SNAP E&T case manager may assign supervised job search activities to find suitable employment based on the participant's assessment and local labor market needs. However, the supervised job search period is not to exceed six continuous months.

(2) For an enrolled participant who is an able-bodied adult without dependents (ABAWD), hours spent in an assignment to the supervised job search component do not fulfill the ABAWD work requirement. However, job search activities may be included as an integral part of another component (e.g., workfare or education) and the time spent in job search would count towards the ABAWD work requirement, as long as the hours spent in job search are less than half of the total number hours assigned.

Last updated October 1, 2024 at 9:36 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.2 SNAP E&T job search training.

(A) What is job search training?

Job search training is a component that enhances the job search skills of participants by providing instruction and mentoring in understanding employer needs, job seeking techniques, increasing motivation and self-confidence for work. Job search training differs from the supervised job search component because of the need to conduct training activities. County agencies are to design their job search training programs to at least accomplish both of the following objectives:

(1) Enrolled participants will participate in activities that improve their skills to search for and acquire a job.

(2) Enrolled participants will learn behaviors associated with success in job seeking. This includes, but is not limited to identification of skills/interests, obtaining interviews, updating resumes, interview skills, developing good work habits, etc.

(B) What activities are included in job search training?

Job search training activities are to have a direct link to job-readiness and include, but are not limited to:

(1) Classroom instruction on the strategies and skills in job seeking;

(2) Job lead development;

(3) Completing resumes, work histories, and application forms;

(4) Using resources such as the telephone, telephone directories, newspapers, internet, and friends and/or relatives;

(5) Contacting the individual who does the hiring;

(6) Maintaining good records of job search activities;

(7) Employability assessments;

(8) Training in techniques to increase employability;

(9) Job placement services;

(10) Job application assistance;

(11) Resume writing;

(12) Interviewing skills (including mock interviewing);

(13) Work place etiquette (dress, social skills, etc.); and

(14) Using job search technology.

The supplemental nutrition assistance program (SNAP) employment and training (E&T) case manager is to ensure that there is a direct link between job search training activities and the job-readiness of the participant.

(D) Who is best suited for participation in job search training?

In addition to the suitability criteria described in rule 5101:4-9-02 of the Administrative Code, a SNAP E&T case manager is to consider the following prior to making an assignment:

(1) The participant should need soft skills necessary for searching for a job (e.g., setting goals, solving problems, choosing careers, using the internet, creating resumes, completing applications and improving interviewing skills).

(2) Participation in the assignment is likely to result in the participant becoming job-ready.

(E) What are the limitations on participating in job search training?

(1) A SNAP E&T case manager may assign job search training activities for a reasonable amount of time based on the participant's assessment. However, the assignment to job search training is not to exceed three continuous months.

(2) For an enrolled participant who is an able-bodied adult without dependents (ABAWD), hours spent in an assignment to the job search training component do not fulfill the ABAWD work requirement. However, job search activities may be included as an integral part of another component (e.g., workfare or education) and the time spent in job search would count towards the ABAWD work requirement, as long as the hours spent in job search are less than half of the total number hours assigned.

Last updated October 1, 2024 at 9:36 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.3 SNAP E&T workfare.

(A) What is workfare?

Formerly known as the "work experience program" (WEP), workfare is a component in which an enrolled participant develops basic work habits, practices skills, and demonstrates the ability to learn new skills while working for a private or public nonprofit agency; and in lieu of wages, receives compensation in the form of their household's monthly supplemental nutrition assistance program (SNAP) benefit. County agencies are to design their workfare programs to at least accomplish the following objectives:

(1) SNAP employment and training (E&T) enrolled participants not otherwise able to obtain employment are given the opportunity to work in jobs that serve a useful public purpose and improve their employability through training and actual work experience; and

(2) SNAP E&T enrolled participants will learn new skills or improve existing skills necessary to transition into regular unsubsidized employment.

(B) What activities are included in workfare?

Workfare activities may only be located in public or private nonprofit agencies and at a minimum, are to provide the enrolled participant with opportunities to develop basic work habits.

(1) Prior to making an assignment, the SNAP E&T case manager is to calculate the maximum number of hours that may be assigned each month by dividing the amount of the enrolled participant's SNAP allotment divided by the federal or state minimum wage, whichever is higher. This is referred to as the "FLSA maximum."

(2) SNAP E&T enrolled participants are not to perform political, partisan, or electoral activities.

(3) The worksite is to meet all applicable federal, state and local health and safety standards, equal employment opportunity (EEO) policies, fair labor standards, displacement policies, and provide reasonable work conditions.

(4) The placement has not been developed in response to, or in any way associated with, the existence of a strike, lockout, or bona fide labor dispute, and does not violate any existing labor agreement.

(5) A SNAP E&T enrolled participant's religious freedom is not to be violated nor may the participant be compelled to do work that promotes a religious doctrine or belief.

(6) A SNAP E&T enrolled participant is not to be considered an employee of either the sponsor, the county agency, or the Ohio department of job and family services (ODJFS) and, therefore, is not entitled to the benefits and privileges of an employee. The operation of workfare is not to be considered the operation of an employment agency by the state or county agency.

(7) SNAP E&T enrolled participants assigned to and participating in workfare are to be covered for participation-related injuries or disabilities under work relief compensation administered by the bureau of workers' compensation (BWC). Unless the county agency pays the premiums for the sponsor, a private nonprofit, or government sponsor with whom a SNAP E&T enrolled participant is placed, is to pay the premiums to the BWC on behalf of the SNAP E&T enrolled participant. SNAP E&T enrolled participants assigned to other SNAP E&T activities are not to be included in premium payments made by the county agency to the BWC.

(8) The county agency is to have an agreement (e.g., contract or memorandum of understanding) with each workfare site that includes but is not limited to designation of responsibility for provision of benefits, if any are necessary, to the workfare participant.

(9) SNAP E&T enrolled participants are not to be used to fill existing vacant positions and no participant is to perform work that has the effect of reducing the work or promotional opportunities of employees. They may, however, perform the same type of work as the employee. Reducing the work of employees means reducing the number of hours, wages or employment benefits of regular or part-time employees, or reducing the number of positions that the employer certifies would otherwise be filled by regular employees.

(D) Who is best suited for participation in workfare?

In addition to the suitability criteria described in rule 5101:4-9-02 of the Administrative Code, a SNAP E&T case manager is to consider the following prior to making an assignment:

(1) The SNAP E&T enrolled participant should need to gain or improve skills or work behaviors, or secure a job reference, in order to find paid employment; and

(2) The participant should have little to no work history or no recent work history.

(E) What are the limitations on participating in workfare?

(1) The number of hours a SNAP E&T enrolled participant is assigned to participate in workfare is not to exceed the FLSA maximum.

(a) A SNAP E&T enrolled participant may choose (but is not obligated) to participate for additional hours in one or more additional SNAP E&T components.

(b) A SNAP E&T enrolled participant who is an able-bodied adult without dependents (ABAWD), fulfills their work requirement if they are assigned to and participate in workfare for the FLSA maximum each month.

(2) A SNAP E&T case manager may assign workfare for a reasonable amount of time so the enrolled participant can gain work experience and develop job skills; however, the assignment is not to exceed six continuous months.

(3) Immediately following certification of SNAP benefits, but prior to making an assignment to workfare, an E&T case manager may establish a job search period of up to thirty days. This job search period is to be made as a workfare assignment and enrolled participants are considered to be participating in and complying with the conditions of workfare, including an enrolled E&T participant who is subject to the able-bodied adult without dependents work requirement described in rule 5101:4-3-13 of the Administrative Code.

This job search period may only be established at initial certification, not at recertification.

Last updated October 1, 2024 at 9:38 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.4 SNAP E&T education.

(A) What is education?

Education is a component that provides a wide range of activities that improve the basic skills and employability of enrolled participants. County agencies are to design their education programs to at least accomplish the following objectives:

(1) Supplemental nutrition assistance program (SNAP) employment and training (E&T) enrolled participants will participate in activities that directly enhance their employability; and

(2) SNAP E&T enrolled participants with basic skills deficiencies will participate in activities designed to measurably improve basic skills and literacy.

(B) What activities are included in education?

(1) Basic education, which includes:

(a) High school or equivalent education;

(b) Remedial education;

(d) Basic literacy education; and

(e) Instructional programs in English as a second language (ESL).

(2) Vocational education, which includes:

(a) Occupational training in technical job skills and equivalent knowledge and abilities in a specific occupational area;

(b) Post-secondary education; and

(3) Job readiness training activities which include, but are not limited to:

(a) Identifying and overcoming personal barriers to employment;

(b) Building self-confidence and self-promotion;

(d) Managing time, money, and household budgets;

(e) Obtaining proper dependent care and supervision of dependents while working;

(f) Conducting self-assessments to determine employment options and training needs;

(g) Learning and using good interviewing techniques;

(h) Understanding employer expectations;

(i) Understanding benefits, taxes, deductions, and hospitalization policies;

(j) Being prompt and punctual for work;

(k) Accepting supervision positively;

(l) Relating to other employees; or

(m) Retaining the job as a step toward security and independence.

(4) Educational programs include, but are not limited to, courses or programs of study that are a part of a program of career and technical education. "Career and technical education" means:

(a) A specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study in preparation for entering the labor market;

(b) The department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than three different fields that are available to all students, especially in high-skill, high-wage, or in-demand industry sectors or occupations;

(c) A public or nonprofit technical institution or career and technical education school used exclusively or principally for the provision of career and technical education to individuals who have completed or left secondary school and who are available for study in preparation for entering the labor market, if the institution or school admits, as regular students, individuals who have completed secondary school and individuals who have left secondary school; or

(d) The department or division of an institution of higher education, that operates under the policies of the eligible agency and that provides career and technical education in not fewer than three different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if the department or division admits, as regular students, both individuals who have completed secondary school and individuals who have left secondary school.

(5) Other programs or activities that expand the employability of SNAP E&T enrolled participants.

(1) Each educational activity is to have a direct-link to job readiness.

(2) SNAP E&T funds that are used for educational activities are not to supplant non-federal funds for existing educational services and activities and SNAP E&T is not to be charged more than what the general public would pay for the same service.

(3) Basic education: Participation in this educational activity is to be based on the goal of obtaining employment.

(4) Vocational education: Participation in this educational activity should assist enrolled participants in obtaining useful employment in a recognized occupation. Vocational education may include: occupational training in technical job skills and equivalent knowledge and abilities in a specific occupational area; post-secondary education; and training offered by other entities such as public secondary schools and public and private entities. Ohio has aligned the allowable programs to those administered by providers found on the workforce inventory of education and training (WIET) list.

(5) Job readiness training: Participation in this educational activity should expand the employability of enrolled participants by ensuring they become familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market. Various types of structured programs qualify, such as rehabilitation, counseling, employability assessments, training in techniques for employability, and job placement services.

(6) Educational programs: Participation in this educational activity should assist the enrolled participant in obtaining useful employment in a recognized occupation. These educational programs may be offered concurrently or contextually with basic education or vocational education. An educational program, course or program of study does not have to receive funding from the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) to be considered meeting the definition of a career and technical education program.

(7) Other programs or activities: Other educational and training activities are allowable when the case manager has determined participation will expand the employability of the enrolled participant and there is a direct link between the activity and job readiness.

(D) Who is best suited for participation in education?

In addition to the suitability criteria described in rule 5101:4-9-02 of the Administrative Code, a SNAP E&T case manager is to consider the following prior to making an assignment:

(1) The SNAP E&T enrolled participant should have already attained the necessary credentials (if any) to enter the program.

(2) For basic education activities, the SNAP E&T enrolled participant does not possess basic literacy skills (whether or not they have obtained a high school diploma or equivalent education).

(3) For job readiness training, the SNAP E&T enrolled participant should be ready to work, but could benefit from enhanced techniques related to seeking employment or may benefit from additional "soft skills" training.

(E) What are the limitations on participating in education?

(1) Educational activities may vary in length, depending on the course work. As part of ongoing progress monitoring, the SNAP E&T case manager is to ensure that SNAP E&T enrolled participants are making satisfactory progress and that they are likely to complete the course(s) as scheduled.

(2) Assignments to educational activities are not to be perpetual and the SNAP E&T case manager is to ensure the SNAP E&T enrolled participant explored employment opportunities at the conclusion of each assignment.

Last updated October 1, 2024 at 9:38 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.5 SNAP E&T job retention.

(A) What is job retention?

The job retention component provides services to individuals who have secured employment after having been enrolled in the supplemental nutrition assistance program (SNAP) employment and training (E&T) program. County agencies are to design their job retention programs to at least accomplish the following objective:

Enrolled participants will receive services that increase the likelihood of:

(1) Continued employment;

(2) Satisfactory job performance; and

(3) Increased earnings over time.

(B) What activities are included in job retention?

Job retention services include, but are not limited to:

(1) Employer mediation;

(2) Job coaching;

(3) Workplace literacy;

(4) Training/skills enhancement; and

(5) Supportive services provided in accordance with rule 5101:4-9-03 of the Administrative Code.

The SNAP E&T case manager is to make a good faith effort to provide job retention services for at least thirty days. SNAP E&T case managers can demonstrate a good faith effort, in a number of ways including, but not limited to:

(1) Making a reasonable number of attempts to contact the SNAP E&T enrolled participant;

(2) Discussing the thirty day minimum period with the SNAP E&T enrolled participant; or

(3) Outlining specific steps the provider or the SNAP E&T enrolled participant will take over the next thirty days to maintain a job.

(D) Who is best suited for participation in job retention?

In addition to reviewing the suitability criteria described in rule 5101:4-9-02 of the Administrative Code and prior to making an assignment, a SNAP E&T case manager is to verify the current or formerly SNAP E&T enrolled participant:

(1) Began employment after or while participating in one or more other SNAP E&T components; and

(2) Is receiving SNAP in the month of or month prior to beginning job retention services. Job retention services can be provided when the SNAP E&T enrolled participant is no longer in receipt of SNAP and is not:

(a) Sanctioned for failing to meet a general work requirement; or

(b) Disqualified due to an intentional program violation in accordance with division 5101:6 of the Administrative Code.

(E) What are the limitations on participating in job retention?

(1) Job retention services are to be offered for no more than ninety days.

(2) A SNAP E&T enrolled participant can receive job retention services for more than one job at the same time. The job retention time limits apply to each job separately and may overlap.

(3) There is no limit to the number of times a SNAP E&T enrolled participant can receive job retention services so long as prior to obtaining new employment, the SNAP E&T enrolled participant re-engages with the SNAP E&T program.

(4) For an able-bodied adult without dependents (ABAWD), hours spent in job retention activities may be used to fulfill the ABAWD work requirement. However, supportive services are not to be used to fulfill the ABAWD work requirement and a SNAP E&T case manager is to ensure that an assignment to job retention does not include hours dedicated to providing or receiving supportive services.

Last updated October 1, 2024 at 9:38 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-07.6 SNAP E&T work experience.

(A) What is work experience?

Work experience is a component designed to provide a planned, structured learning experience that takes place in a workplace for a limited period of time and improves the employability of supplemental nutrition assistance program (SNAP) employment and training (E&T) enrolled participants through actual work experience or training, or both. County agencies are to design their work experience programs to at least accomplish the following objectives:

(1) SNAP E&T enrolled participants will move promptly into regular public or private employment as a result of the experience; and

(2) SNAP E&T enrolled participants will acquire the general skills, knowledge, and work habits necessary to obtain employment.

(B) What activities are included in work experience?

Work experiences include either:

(1) A work activity performed in exchange for supplemental nutrition assistance program (SNAP) benefits that provides an enrolled participant with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment. A work activity can be arranged within the private for-profit sector, the non-profit sector, or the public sector (as opposed to the workfare component which is to take place at a public or private non-profit institution). Work activity is a training program and should include:

(a) Clearly articulated outcome goals;

(b) Intentional day-to-day activities that are designed to improve someone's skills and employability; and

(2) A work-based learning program that emphasizes employer engagement and enables enrolled participants to move into regular public or private employment. A work-based learning program in SNAP E&T is a sustained interaction with industry or community professionals in real world settings (or simulated environments at an educational institution) that includes an element of training that fosters in-depth, firsthand engagement with the tasks in a given field that are aligned to curriculum and instruction. A county agency determines which work-based learning activities to offer, if any. Except for on-the-job training, a county agency also determines if the activities will be paid or unpaid, and whether or not to subsidize the wages with E&T funds. Program activities can include, but are not limited to:

(a) Internships: A planned, structured learning experience that takes place in a workplace for a limited period of time with the goal to build technical and job awareness skills. Internships may be paid or unpaid and consistent with other laws, such as the Fair Labor Standards Act (9/2019). An internship may be arranged within the private for profit sector , the non-profit sector, or the public sector.

(b) Pre-apprenticeships/apprenticeships: A program or set of strategies designed to enter and succeed in a registered apprenticeship program. Pre-Apprenticeships may be used to provide work experiences that can help obtain the skills needed to be placed into a registered apprenticeship. Pre-Apprenticeship services and programs are designed to prepare individuals to enter and succeed in registered apprenticeship programs.

(c) Customized training: Training that is designed to meet the unique needs of an employer (including a group of employers); that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; for which the employer pays for a significant cost of the training.

(d) Transitional jobs: A transitional job provides a work experience for a limited period of time, that is wage-paid and subsidized, and is in the public, private, or non-profit sectors for those individuals with barriers to employment who are chronically unemployed or have inconsistent work history. These jobs are designed to enable a person to establish a work history, demonstrate work success in an employee-employer relationship, and develop the skills that lead to unsubsidized employment.

(e) Incumbent worker training: A program designed to meet the unique needs of an employer (including a group of employers) to retain a skilled workforce or avert the need to lay off employees by assisting the workers in obtaining the skills necessary to retain employment; and conducted with a commitment by the employer to retain or avert the layoffs of the incumbent worker(s) trained.

(f) On-the-job workers training (OJT): A work placement made through a contract with an employer or registered apprenticeship program sponsor in the public, private non-profit, or private sector. Through the on-the-job training (OJT) contract, occupational training is provided for the participant in exchange for the reimbursement, typically up to fifty per cent of the wage rate of the participant, for the extraordinary costs of providing the training and supervision related to the training. An OJT contract is to be limited to the period of time necessary for a participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the contract, consideration should be given to the skills that are necessary to the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan. Wages are reimbursed at a set percentage by the organization to the employer for the length of the contract. OJT also carries the expectation that the participant will be hired by the employer in a permanent position when the contract ends.

(2) Regardless of the activity, a work experience:

(a) Is not to provide any work that has the effect of replacing the employment of an individual not participating in the employment or training experience program; and

(b) Is to provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours.

(3) SNAP E&T enrolled participants are not to be used to fill existing vacant positions and no participant is to perform work that has the effect of reducing the work or promotional opportunities of employees. They may, however, perform the same type of work as the employee. Reducing the work of employees means reducing the number of hours, wages or employment benefits of regular or part-time employees, or reducing the number of positions that the employer certifies would otherwise be filled by regular employees.

(D) Who is best suited for participation in work experience?

Individuals who are work-ready and who, in the judgment of the SNAP E&T case manager, can move promptly into regular public or private employment as a result of their participation.

(E) What are the limitations on participating in work experience?

(1) The number of hours an enrolled participant is assigned to participate in a work experience is not to exceed the FLSA maximum.

(a) An enrolled participant may choose (but is not obligated) to participate for additional hours in one or more additional SNAP E&T components.

(b) An enrolled participant who is an able-bodied adult without dependents (ABAWD), does not fulfill their work requirement merely by participating in a work experience for the FLSA maximum each month. If the ABAWD did not complete enough hours through E&T to fulfill their work requirement, they are to identify other opportunities to fulfill their work requirement.

(d) A county agency is not to subsidize the wages of more than three per cent of the workforce at any one time for any employer or SNAP E&T provider in the private for-profit sector.

(2) A SNAP E&T case manager may assign an enrolled participant to a work experience for a reasonable amount of time; however, the assignment is not to exceed six continuous months. However, if an individual is participating in a registered apprenticeship program and the program is to last longer than six months, the individual may complete the full apprenticeship program.

Last updated October 1, 2024 at 9:38 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5101:4-9-08 SNAP E&T federal reporting.

The Ohio department of job and family services (ODJFS) provides regular reports to the food and nutrition service (FNS) within the U.S. department of agriculture, regarding the administration of the supplemental nutrition assistance program (SNAP) employment and training (E&T) program. This rule describes the information that is reported to FNS and a county agency's responsibility for ensuring the data is reliable and accurate.

What information is reported to FNS?

(A) The SNAP E&T program activity report (referred to as the FNS-583 report).

(1) The FNS-583 report is how FNS monitors participation in SNAP E&T and is the basis for how the state receives federal funding for the operation of SNAP E&T. The report includes:

(a) Line 1: the number of individuals in receipt of SNAP on the first of October who are subject to the general work requirements described in rule 5101:4-3-12 of the Administrative Code. This number is reported on the first quarterly report submitted to FNS;

(b) Line 2: the number of individuals determined to be subject to the general work requirements described in rule 5101:4-3-12 of the Administrative Code for each month. This number is reported quarterly to FNS and does not include individuals reported on line 1.

(c) Line 3: the number of individuals subject to the able-bodied adults without dependents (ABAWD) work requirement described in rule 5101:4-3-13 of the Administrative Code who are participating in qualifying activities in order to meet the requirement. This number is reported quarterly to FNS;

(d) Line 4: the number of all other recipients (including ABAWDs involved in activities that do not meet their work requirement) participating in SNAP E&T components. This number is reported quarterly to FNS;

(e) Line 5: the number of ABAWD case months used if any discretionary exemptions were allowed. This number is reported quarterly to FNS;

(f) Line 6: the number of SNAP E&T enrolled participants provided with case management services in accordance with rule 5101:4-9-04 of the Administrative Code. This number is reported on the fourth quarterly report submitted to FNS;

(g) Line 7: the number of SNAP E&T enrolled participants who participated in each SNAP E&T component during the fiscal year. This number is reported on the fourth quarterly report submitted to FNS; and

(h) Line 8: the number of SNAP E&T program participants during the fiscal year. This number is reported on the fourth quarterly report submitted to FNS. This number is reported on the fourth quarterly report submitted to FNS.

(2) In order to ensure that the data submitted to FNS is accurate and reliable, county agencies are to utilize the Ohio benefits integrated eligibility system as instructed, to:

(a) Determine exemptions from work requirements in accordance with rule 5101:4-3-11 of the Administrative Code;

(b) Document comprehensive assessment results in accordance with rule 5101:4-9-02 of the Administrative Code; and

(c) Document SNAP E&T assignments and supportive services, including assignments to case management, in accordance with Chapter 5101:4-9 of the Administrative Code.

(B) Federal outcome measures.

ODJFS submits an annual E&T report by January first each year that contains the following information for the preceding federal fiscal year:

(1) The number and percentage of SNAP E&T enrolled participants and formerly SNAP E&T enrolled participants who are in unsubsidized employment during the second quarter after disenrollment from SNAP E&T;

(2) The number and percentage of SNAP E&T enrolled participants and formerly SNAP E&T enrolled participants who are in unsubsidized employment during the fourth quarter after disenrollment from SNAP E&T;

(3) The median average quarterly earnings of SNAP E&T enrolled participants and formerly SNAP E&T enrolled participants who are in unsubsidized employment during the second quarter after disenrollment from SNAP E&T;

(4) The total number and percentage of SNAP E&T enrolled participants that completed an educational, training work experience or an on-the-job training component; and

(5) A disaggregation of SNAP E&T enrolled participants by the number and percentage of certain demographics and participant characteristics.

(1) The median average quarterly earnings of SNAP E&T enrolled participants and formerly SNAP E&T enrolled participants who are in unsubsidized employment during the first quarter after disenrollment from SNAP E&T;

(2) The median average quarterly earnings of SNAP E&T enrolled participants and formerly SNAP E&T enrolled participants who are in unsubsidized employment during the third quarter after disenrollment from SNAP E&T;

(3) The number and percentage of former SNAP E&T enrolled participants who became ineligible for SNAP within thirty days of disenrolling from SNAP E&T due to a reason other than non-compliance, and began receiving SNAP benefits again within one quarter;

(4) The number and percentage of former SNAP E&T enrolled participants who became ineligible for SNAP within thirty days of disenrolling from SNAP E&T due to a reason other than non-compliance, and began receiving SNAP benefits again within two quarters; and

(5) The number and percentage of formerly SNAP E&T enrolled participants who are employed with the same employer in the first and second quarters after disenrollment from SNAP E&T.

Last updated October 1, 2024 at 9:38 AM

History

Effective: October 1, 2024
Promulgated Under: 119.03