Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-2 - Application Process; Verificatio
Section 5101:1-2-01 - The application process for Ohio works first and refugee cash assistance
Universal Citation: OH Admin Code 5101:1-2-01
Current through all regulations passed and filed through September 16, 2024
(A) How does an individual apply for Ohio works first (OWF) or refugee cash assistance (RCA) benefits?
(1) The application process begins with a
request for OWF or RCA. Upon request to apply, the county agency is to provide
the individual or authorized representative with all of the following forms:
(a) A JFS 07200 "Application for Supplemental
Nutrition Assistance Program (SNAP), Cash Assistance, Medical Assistance or
Child Care Assistance," JFS 07204 "Request to Reapply for Cash Assistance, SNAP
and/or Child Care," or the electronic or telephonic equivalent; and
(b) A JFS 07217 "Voter Registration Notice of
Rights and Declination" and a voter registration form (for requirement and
procedures of the National Voter Registration Act of 1993 refer to rule
5101:1-2-15 of the
Administrative Code).
(2) Assistance groups wanting to participate
in the program(s) are to file a complete application.
(a) An "application" is a JFS 07200, JFS
07204, or its electronic or telephonic equivalent; and
(b) Except as outlined in paragraph (A)(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.
(c) A complete
telephonic application includes, at a minimum:
(i) A name, address;
(ii) A completed interview as described in
paragraph (H) of this rule; and
(iii) A telephonic signature of the person
completing the application. A telephonic signature is an audio recording of the
assistance group's verbal assent and a summary of the information to which the
assistance group assents.
(B) When is an application packet provided?
(1) The county agency is to provide an
application packet upon request.
(a) When the
request is made in person at the county agency, the application packet is to be
given the same day as the request.
(b) When the county agency receives the
request by telephone or letter, the application packet is mailed the day that
the request is received.
(2) The right to apply is not to be
discouraged or denied. An individual/family who appears ineligible is allowed
to apply for assistance.
(3) When
an assistance group is currently receiving supplemental nutrition assistance
program (SNAP) benefits and decides to apply for cash assistance at
recertification, a new application for cash assistance is to be
filed.
(C) What are the methods for filing an application?
(1) An
assistance group may submit an application to the county agency:
(a) In person;
(b) Through an authorized
representative;
(c) By
fax;
(d) By electronic
transmission;
(e) By mail;
or
(f) By telephone.
(D) Who signs the application?
(1) The application is to be
signed by one of the following individuals in order to register the
application:
(a) A payee for the assistance
group;
(b) A caretaker for the
assistance group;
(c) Another
responsible member of the assistance group;
(d) A spouse or natural or adoptive parent of
a member of the assistance group who is not an assistance group member, who
resides with the assistance group, and can reasonably be determined to be
acting responsibly for the assistance group; or
(e) An authorized representative for the
assistance group.
(2) For
other assistance groups identified on the application, an individual meeting
one of the definitions provided in paragraph (D)(1) of this rule is to sign the
application in order to register the request for assistance for the assistance
group. The county agency is to notify the potential assistance groups of this
requirement in writing no later than one working day following the
interview.
(3) The types of
signatures include:
(a) Handwritten signatures
include signatures that are transmitted by facsimile or other electronic
submission. When the signatory cannot sign with a name, an "X" is valid
signature. It may be necessary for the county agency to have a witness attest
to an "X" signature. An employee of the agency may serve as a
witness.
(b) Electronic signatures
which include the following:
(i) A digital
signature;
(ii) A handwritten
signature input on electronic signature pad or display screen; or
(iii) A digitized image of a handwritten
signature that is attached to an electronic record or a typed name on an online
application. This excludes telephonic signatures as described in paragraph
(A)(2)(c) of this rule.
(c) Telephonic signatures obtained in
accordance with procedures approved by the Ohio department of job and family
services.
(4) Since
initial benefits are affected by the date of application, the county agency
should provide a potential assistance group identified on the application an
opportunity to sign and complete the minimum application requirements described
in paragraph (A)(2)(b) of this rule as soon as possible.
(5) A handwritten signature is not required
when there is an electronic or telephonic signature. Electronic and telephonic
signatures have the same legal effect and are enforced in the same way as a
handwritten signature.
(E) During the application process what other responsibilities need to be met?
(1) Each
question on the application is to be completed to the fullest extent possible
and any missing information is to be supplied during the interview or through
the required verifications.
(2) The
assistance group and/or authorized representative is to make an accurate and
complete disclosure of all information necessary for a determination of
eligibility. Such disclosure are to be made at the time of initial application,
at reapplication, and within ten days of the date that any change specifically
identified in rule
5101:1-2-20 of the
Administrative Code occurs.
(3) The
assistance group's report of an impending change in circumstances does not
negate its responsibility to report any change identified in rule
5101:1-2-20 of the
Administrative Code as reporting requirement within ten days from the date the
change actually occurs.
(4)
Administrative duties are to be performed in such a manner as to secure for
every assistance group the full amount of benefits that is legally entitled
according to program regulations.
(5) For OWF applicants the application
process includes:
(a) Prior to authorization,
the county agency is to:
(i) For each work
eligible individual between the ages of fourteen and twenty-four:
(a) Not later than seven days from the date
of application, refer the individual to a lead agency for a comprehensive
assessment conducted in accordance with rule
5101:14-1-04 of the
Administrative Code; and
(b) Ensure
the individual has signed an individual opportunity plan developed in
accordance with rule
5101:14-1-04 of the
Administrative Code, that includes an assignment to at least one comprehensive
case management and employment program (CCMEP) service or activity.
(ii) For all other work eligible
individuals, minor heads of household and adult members of the assistance
group, assess, appraise, and enter into a written self sufficiency contract
(SSC) for each work eligible individual, minor head of household and adult
member of the assistance group, in accordance with rule
5101:1-3-11 of the
Administrative Code.
(b)
As agreed in the SSC, the county agency may have a work eligible individual
complete a job search and job readiness applicant assignment as described in
rule 5101:1-3-12.5 of the
Administrative Code, prior to authorization of OWF benefits as described in
rule 5101:1-3-11 of the
Administrative Code. In accordance with rule
5101:9-2-02 of the
Administrative Code, when the work eligible individual discloses, has, or
appears to have a physical or mental condition that substantially limits one or
more major life activities, the county agency is to ensure that the assignment
is consistent with its Americans with Disabilities Act (ADA) of 1990 plan in
accordance with rule
5101:9-2-02 of the
Administrative Code.
(F) What is the application date and how is an application registered?
(1) The county
agency is to accept the application on the day it is turned into the county
agency. The "date of application" is the date that the county agency receives
an application for existing assistance groups completing a interview, that
contains the minimum requirements described in paragraph (A)(2)(b) or (A)(2)(c)
of this rule. When an application is submitted by fax, electronically, or
telephonic equivalent, the date of application is to be the date the county
agency receives the application. When an application is received after business
hours the date of application is the next business day.
(2) Upon receipt of an application containing
the minimum requirements described in paragraph (A)(2)(b) or (A)(2)(c) of this
rule, the county agency is to enter the information into the statewide
automated eligibility system.
(3)
The county agency is not to delay the date of application because of any local
office procedure. The date of the interview is not to be used to delay the
application date.
(4) The
assistance group is to be given the opportunity to complete and return the
application on the same date the application is requested. When this occurs,
the date of application is the same day as the request.
(5) The county agency is to advise that the
date of the application and the beginning date of benefits are dependent upon
the date the application containing the minimum requirements described in
paragraph (A)(2)(b) or (A)(2)(c) of this rule is returned to the county agency
provided all other eligibility factors are met on or before the date
received.
(6) When an application
containing the minimum requirements described in paragraph (A)(2)(b) of this
rule is returned by mail, the date of application is to be the date the county
agency receives the application. When the county agency receives an application
containing the minimum requirements described in paragraph (A)(2)(b) of this
rule from the social security administration, the date of application for all
public assistance programs, except SNAP, is to be the date the county agency
receives the application. All applications received by mail are to be date
stamped the day received.
(G) What is the role of the county agency in the completion of the application process?
(1)
The county agency is to help complete the application when assistance is
requested and no other family member, close friend, authorized representative,
or other appropriate individual is available.
(2) When the county agency assists or
completes an application, the employee of the county agency is to sign his or
her name and title on the application.
(3) A county agency employee is not to alter
any answers given by the assistance group on the application. The county agency
employee may assist in completing the application by asking the assistance
group for answers needed to complete the application. The county agency
employee may then mark or fill in the answer on the application.
(4) The normal process of inputting data
provided by the applicant during the interview is not to be construed to mean
that the county agency has assisted with the completion of the
application.
(5) When the
application is signed with a telephonic signature the county agency is to
provide the assistance group a written copy of the JFS 07008 "Benefit
Application Summary" form, or its electronic equivalent of the information
attested to during the interview.
(H) What are the interview requirements?
(1) An interview is to be scheduled as
promptly as possible after the receipt and registration of an application
containing the minimum requirements described in paragraph (A)(2)(b) of this
rule, to ensure that an eligible assistance group receives an opportunity to
participate within the time frames for completion of the application process
pursuant to paragraph (L) of this rule.
(2) The interview is used to inform the
assistance group of all required verifications, the time period that the
verifications is to be submitted to the county agency, and the responsibility
of the county agency to assist when help is needed in obtaining any items. The
interview is also used to determine if the application has been thoroughly
completed and if the information provided accurately represents the assistance
group's situation.
(3) When the
primary language of the individual completing the interview is not English, the
county agency is to offer an interpreter at no cost to the individual. The
individual is not to be required to provide his or her own interpreter or use a
family member, unless they desire to do so.
(4) When the individual who satisfies the
interview requirement for the assistance group is not an assistance group
member (e.g., authorized representative), and the county agency questions the
information provided by that individual, the county agency retains the right to
contact the assistance group to clarify the information.
(5) When the interview cannot be conducted in
the county agency offices or by telephone, alternative locations and/or hours
are to be arranged.
(I) How can the interview be conducted?
(1) The
county agency may conduct an:
(a) Office
interview;
(b) Telephone interview;
or
(c) Home visit (as long as it is
scheduled in advance with the assistance group).
(2) The type of interview conducted is left
to the county agency's discretion unless the applicant requests a face-to-face
interview. The county agency is to grant a face-to-face interview to any
assistance group that requests one.
(J) What are the county agency's responsibilities for the interview?
(1)
Provide the JFS 07344 "Direct Deposit Authorization" when
applicable.
(2)
When the statewide automated eligibility system is unavailable, the JFS 01846,
"Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview" is to be used to conduct the interview.
(3) Assist in
obtaining verification and completing the voter registration forms when
requested by the assistance group.
(4) Determine eligibility as soon as possible
after the application requirements are complete.
(5) Document the eligibility determination in
the case record.
(K) What is to be covered in the application interview?
(1) The eligibility requirements
for cash programs, including
citizenship and immigration status social security
number requirements, issuance and use of
benefits.
(2) The required
verifications and information that is to be provided. This is to include a
review of those verifications already provided and those verifications
remaining to be secured. The county agency is to also inform the assistance
group of assistance that they can provide in securing the required
verifications and information.
(3) The importance of
abiding by the time limits for providing the verifications and additional
information. The county agency is to emphasize that the application cannot be
processed until the verifications and additional information are
submitted.
(4) The joint
responsibility for exploring all the factors of eligibility and the
circumstances that the assistance group is to be held responsible for
presenting records or documents in its possession to support
statements.
(5) The consequences
for failing to accurately report the circumstances of the assistance group at
the point of application and later when the circumstances should change.
Possible recoupment of overpayments and/or referral to law enforcement
officials for civil or criminal prosecution could result from a failure to
fully and honestly report the circumstances at all times.
(6)
The availability, purpose, and provision of appropriate social services
programs within and outside the agency regardless of an individual's receipt of
financial assistance.
(7) The responsibility
of the parent for minor children and spouses for each other.
(8)
The ability of the assistance group to meet its needs pending the receipt of
the first benefit.
(9) The availability
of free legal services through legal aid.
(10) An explanation of
eligibility for a pregnant minor or minor parent and child to receive
assistance as described in section
5107.24 of the Revised
Code.
(11) An explanation of
the SSC and the time limit requirements and extensions for the OWF
program.
(12) An explanation of
the waiver of OWF eligibility requirements due to domestic violence, including
the good cause exception for refusal to cooperate with child support when
applicable.
(13) An explanation of
the individual's rights under the ADA, including the right to request
reasonable modification in program activities.
(14) During the
interview, the county agency is to offer assistance in getting any additional
verifications or information that is needed in order to process the case. The
county agency is to use the JFS 07105 "Application/Reapplication Verification
Request Checklist." The checklist is to provide a date for the return of the
verifications. When the required information and verifications are not received
by this date, benefits are denied.
(15)
An explanation
of the quality control review process and the assistance group's responsibility
to cooperate when the case is selected for review.
(16)
An explanation
of the requirement to report all changes within ten days of the date that the
change occurred.
(17)
An explanation of the right to request a county
conference or state hearing when the individual disagrees with an action taken
on the case.
(18)
The county agency is to send the JFS 07092, "Notice to
Individuals Applying for or Participating in Ohio Works First (OWF) Regarding
Cooperation with the Child Support Enforcement Agency (CSEA)" to the child
support enforcement agency (CSEA) each time that an individual signs the form
to claim good cause for refusal to cooperate with child
support.
(L) What is the time frame for determining eligibility?
(1) For an OWF or RCA application, the
determination of eligibility is to be completed within thirty days from the
date of application.
(a) An OWF application
awaiting completion of an applicant assignment may pend up to, but no longer
than, thirty days from the date of application before authorization.
(b) No more than forty-five days may elapse
between the date of application and the issuance of the benefit, or the
notification of the approval or denial of assistance.
(2) The time frames may be exceeded in
situations where completion of the determination of eligibility is delayed
because of circumstances that are considered beyond the control of the county
agency or assistance group such as:
(a)
Failure, with good cause, to secure necessary verifications;
(b) Failure or delay on the part of an
examining physician to provide all needed information.
(3) When calculating the thirty or forty-five
day time periods, the following provisions are applicable:
(a) The initial day is excluded from the
computation and the last day is included;
(b) When the last day of the time period
falls on a Saturday, Sunday or legal holiday, the time period is to end on the
next working day;
(c) This method
is to be used in calculating all time periods, unless specified as working
days.
(4) When the
application pends longer than thirty days, running record comments are to be
documented at least every thirty days with the reason for the delay.
(M) What are the requirements for authorized representatives?
An "authorized representative" is an individual, eighteen years of age or older, who is authorized to act on behalf of the assistance group.
(1) The assistance group is to provide a
written statement naming the authorized representative and the duties that the
named authorized representative may perform on the assistance group's
behalf.
(2) When written
authorization cannot be obtained because of the individual's incompetency or
incapacity, the county agency may waive the written statement and assist in
naming a responsible party to act as authorized representative for the
assistance group.
(3) The
assistance group is responsible for notifying the county agency of any change
in the named authorized representative.
(4) When the assistance group has an
authorized representative named to act on its behalf, all notices and
correspondence issued by the county agency on behalf of the assistance group is
to be issued to both the authorized representative and the assistance
group.
(5) In situations where an
authorized representative provides incorrect or fraudulent eligibility
information, the assistance group may still be held liable for any overpayments
that occur. The authorized representative is to be held responsible for
overpayments when the authorized representative is the legal guardian or legal
trustee for the assistance group.
(6) When it is determined that the authorized
representative has given incorrect information intentionally through no fault
of the assistance group, a referral is to be made to the county prosecutor to
determine when fraud has occurred on the part of the authorized representative.
When the prosecutor's determination is that the authorized representative
committed fraud, the authorized representative may be found liable for the
overpayment.
(N) What is considered a failure in the application process?
Failure to cooperate in the application process and the verification requirements results in a denial of the OWF or RCA application. Failure occurs:
(1) When the
information/verification is not provided after the county agency properly
advised what information/verification is needed to determine eligibility
provided no request for assistance in obtaining information/verification is
received by the county agency; or
(2) When the county agency is not given
necessary information to assist in obtaining the verification needed to
determine eligibility; or
(3) When
the assistance group fails to participate in a scheduled application
interview.
(4) For OWF, when any
work eligible individual, minor head of household, or adult member of the
assistance group fails to enter into a written SSC with the county
agency.
(O) What is the difference between a "request for public assistance" and a "request for information"?
The distinction is to be drawn between a "request for public assistance" (an application) and a "request for information" (an inquiry). An inquiry is not always going to result in an application. Any individual has the right to apply for benefits for themselves or on behalf of another individual.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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