Current through all regulations passed and filed through September 16, 2024
(A)
What is the state time limit for Ohio works first (OWF) benefits?
In Ohio, an assistance group is ineligible to participate in OWF when
the assistance group includes an individual, who meets one of the conditions
described in paragraphs (C)(1) to (C)(5) of this rule, and who has received OWF
assistance for thirty-six months. This time limit applies regardless of whether
the thirty-six months are consecutive. Ohio law provides for extensions of OWF
beyond the thirty-six month limit, with the provision that no assistance group
shall receive assistance under the OWF program in violation of the federal
sixty-month time limit for receipt of temporary assistance for needy families
(TANF) assistance. When an assistance group is receiving OWF cash assistance
benefits on the basis of state hardship, good cause or a domestic violence
waiver, as described in paragraphs (A)(1) to (A)(3) of this rule, such benefits
continue to count toward the federal sixty-month time limit provided in
paragraph (B) of this rule. The county agency shall examine the assistance
group's unique special circumstances that caused the need for an extension, and
shall address these special needs, barriers and conditions in the self
sufficiency contract. When an assistance group is receiving OWF cash assistance
due to either a state hardship, good cause or domestic violence waiver
extension (as provided in paragraphs (A)(1) to (A)(3) of this rule), the
assistance group is in receipt of OWF and as such is subject to all OWF
eligibility requirements. The three types of extensions beyond the thirty-six
month time limit that count toward the federal sixty-month limit are:
(1) State hardship
A county agency may exempt not more than twenty per cent of the average
monthly number of OWF assistance groups from the thirty-six month limit on the
grounds that the county agency determines that the time limit is a hardship.
The twenty per cent calculation is described in rule 5101:1-23-01.1 of the
Administrative Code. The county agency may not provide a state hardship
extension until the assistance group has exhausted its thirty-six months of OWF
assistance, as described in division (A) of section
5107.18
of the Revised Code.
(2)
Good cause
An assistance group that has ceased to participate in OWF due to the
thirty-six month time limit (i.e., the assistance group lost eligibility for
OWF due to the thirty-six month time limit), as described in division (A) of
section
5107.18
of the Revised Code and paragraph (A) of this rule, may be approved to
participate in the program in accordance with rule
5101:1-2-01
of the Administrative Code twenty-four months later when the county agency
determines that good cause for a twenty-four month extension of OWF exists.
There is no twenty per cent limit for the extension of OWF assistance under the
good cause provision. The good cause extension provides an assistance group
additional time to overcome existing barriers to self sufficiency. Good cause
may include losing employment and inability to find employment (reference
section
5107.26
of the Revised Code); divorce; domestic violence considerations; unique
personal circumstances; and any other reason the county agency determines to be
good cause for participating in OWF beyond the thirty-six month limit. The
assistance group must provide verification pursuant to rule
5101:1-2-20
of the Administrative Code of whether any members of the assistance group had
employment during the period the assistance group was not participating in OWF
and the amount and source of the assistance group's income during that period.
When the county agency determines that good cause exists for the assistance
group, the county agency shall determine when the assistance group meets all
eligibility requirements for participation in OWF. The assistance group may not
participate in OWF under paragraph (B)(2) of this rule for more than
twenty-four additional months.
The twenty-four month time limit for participating in OWF under
paragraph (A)(2) of this rule applies regardless of whether the twenty-four
months of the good cause extension are consecutive. Once good cause is
initially determined to exist, and an assistance group is determined eligible
under the good cause provision, a subsequent determination of good cause is not
required, unless the assistance group becomes otherwise ineligible for OWF.
However, when the assistance group becomes ineligible for OWF due to the
imposition of a sanction for failure to comply with the terms of the self
sufficiency contract, the assistance group may resume participation in OWF
without a new good cause determination.
(3) Domestic violence
An assistance group may receive a waiver of the state thirty-six month
time limit due to domestic violence, as described in rule 5101:1-3-20 of the
Administrative Code. Any assistance group that receives a waiver of the
thirty-six month time limit is not counted toward the county agency twenty per
cent limit described in rule 5101:1-23-01.1 of the Administrative Code and
section
5107.18
of the Revised Code.
(B) What is the federal time limit for OWF
benefits?
No state may use any of its federal temporary assistance for needy
families funds (including commingled funds as described in rule
5101:1-1-01
of the Administrative Code) to provide assistance to an assistance group that
includes an individual who meets one of the conditions described in paragraph
(C) of this rule, who has received assistance for a total of sixty cumulative
months. The sixty months do not have to be consecutive months.
Federal law allows states to extend assistance paid for by federal TANF
funds (including commingled funds as defined in rule
5101:1-1-01
of the Administrative Code) beyond the federal sixty-month limit for up to
twenty per cent of the average monthly number of families receiving assistance.
The federal regulations provide that a state may extend assistance beyond the
sixty-month limit based on hardship, as determined by the state.
(1) Ohio is extending benefits beyond the
federal sixty-month limit based on hardship. Ohio defines hardship as the
conditions described in paragraphs (B)(1)(a) to (B)(1)(b)(vii) of this rule.
Therefore, counties may extend up to twenty per cent of the average monthly
number of assistance groups receiving assistance in that county. The twenty per
cent calculation is described in rule 5101:1-23-01.1 of the Administrative
Code. The county agency should examine the assistance group's unique special
circumstances that caused the need for an extension, and should address these
special needs, barriers and conditions in the self sufficiency contract. The
county agency may not provide this extension until the assistance group has
exhausted its sixty months of OWF assistance. In Ohio, hardship is defined as
follows:
(a) Any circumstance that the county
agency determines the time limit is a hardship. The county agency shall use the
same grounds for determining federal hardship as it uses for determining state
hardship under paragraph (A)(1) of this rule; or
(b) Based on the fact that the family
includes someone who is temporarily or permanently unable to work because the
individual has been battered, or subjected to extreme cruelty based on the fact
that the individual has been subjected to any of the following provisions
described in paragraphs (B)(1)(b)(i) to (B)(1)(b)(vii) of this rule and rule
5101:1-3-20
of the Administrative Code:
(i) Physical acts
that result in physical injury to the individual;
(ii) Sexual abuse;
(iii) Sexual activity involving a dependent
child;
(iv) Being forced as the
caretaker relative of a dependent child to engage in non consensual sexual acts
or activities;
(v) Threats of, or
attempts at physical or sexual abuse;
(vi) Mental abuse (including emotional harm);
or
(vii) Neglect or deprivation of
medical care.
(2) There is no federally prescribed limit
for receipt of an extension beyond the federal sixty-month time limit. Each
assistance group that requests an extension will have unique circumstances to
be addressed in order for the assistance group to achieve self sufficiency and
eliminate the need for assistance. In determining the length of each extension
to be provided under paragraph (B) of this rule, the county agency shall
consider both of the following:
(a) That TANF
was created to provide assistance that is temporary, and not as an entitlement;
and
(b) That the county agency has
a responsibility to assist the family in overcoming barriers and achieving self
sufficiency.
(3) An
assistance group receiving OWF cash assistance benefits beyond the federal
sixty-month limit is in receipt of OWF, and as such is subject to all OWF
eligibility requirements.
(4) In
situations involving the provisions contained in paragraph (B)(1)(b) of this
rule, acceptable verification, in accordance with rule
5101:1-2-20
of the Administrative Code, includes, but is not limited to the following:
(a) Medical or law enforcement
records;
(b) Court or other legal
documents;
(c) Court, medical,
criminal, child protective service, social service, psychological, or law
enforcement records indicating the threat of physical or emotional
harm;
(d) Medical records
indicating the emotional health history and present emotional health of family
members;
(e) Medical statement from
a mental health professional indicating the emotional health status of family
members;
(f) Verification from a
public or private social agency; and
(g) Sworn statements from individuals,
including friends, neighbors, clergymen, social workers, and medical
professionals who might have knowledge of the family's circumstances.
(h) In accordance with rule
5101:1-3-20
of the Administrative Code, rely on the individual's allegation of domestic
violence, as identified by the individual requesting the waiver on the JFS
03803 "Ohio Works First (OWF) & Food Stamps: Domestic Violence Waiver
Request and Verification,"
unless the county agency has an
independent, reasonable basis to find that the individual's allegation is not
credible.
(C)
Who is subject to the OWF benefits time limits?
An assistance group is ineligible to participate in OWF when the
assistance group includes an individual who has been in receipt of assistance
as defined in paragraph (E)(1) to (E)(4) of this rule for thirty-six months,
that do
not have to be consecutive, as any of the following:
(1) An adult head-of-household. Adult is
defined in section
5107.02
of the Revised Code;
(2) A spouse
of the adult head-of-household;
(3)
A pregnant minor head-of-household. Minor head-of-household is defined in
section
5107.02
of the Revised Code.
(4) A minor
parent head-of-household. Minor head-of-household is defined in section
5107.02
of the Revised Code; or
(5) A
spouse of the minor parent head-of-household.
(D) How is the countable individual as
head-of-household designated?
(1) When the
assistance group is a two-parent assistance group as defined in rule
5101:1-3-01
of the Administrative Code, and the parents are unmarried (and both parents are
adults), the county agency shall explain to the two parents that one of them
shall be determined to be the adult head-of-household for time limit purposes.
The parents shall be given the choice as to who will be designated as the
head-of-household for time limit purposes. In the event that the parents
disagree and/or decline to designate the head-of-household, the county agency
shall make the designation. Once the head-of-household designation is made for
time limit purposes, that designation shall remain unchanged as long as the
assistance group contains both parents and no other parent(s) is subsequently
added to the assistance group.
(2)
When the assistance group is a two-parent assistance group as defined in rule
5101:1-3-01
of the Administrative Code, and another parent becomes a required member of the
assistance group in accordance with rule
5101:1-23-10
of the Administrative Code, a new head-of-household designation may need to be
made. When a new head-of-household designation must be made, the county agency
shall explain to the parents that one of them shall be determined to be the
head-of-household for time limit purposes. The parents shall be given the
choice as to who will be designated as the head-of-household for time limit
purposes. In the event that the parents disagree and/or decline to designate
the head-of-household, the county agency shall make the designation. Once the
head-of-household designation is made for time limit purposes, that designation
shall remain unchanged as long as the assistance group contains all of the
parents.
(E) What is
considered "receipt of assistance"?
An individual is considered to be in receipt of assistance for any
month that they meet one of the requirements described in paragraph (C) of this
rule and receive:
(1) OWF cash
assistance benefits issued in one of the following forms:
(a) Electronic funds transfer
(EFT);
(b) Electronic benefits
transfer (EBT); or
(c) Warrant,
voucher or check when the assistance group cashes the warrant or check or
utilizes the voucher.
(2) Supportive services such as
transportation and child care, unless such payments meet the definition of non
recurrent, short-term benefits as defined in
45 C.F.R.
260.31
(10/01/20)
as payments that:
(a) Are designed to deal
with a specific crisis situation or episode of need;
(b) Are not intended to meet recurrent or
ongoing needs; and,
(c) Will not
extend beyond four months.
(3) TANF assistance (including commingled
funds as defined in rule
5101:1-1-01
of the Administrative Code), was received in another state on or after October
1, 1997, except as provided in paragraph (E)(1) of this rule.
(4) Welfare-to-work (WTW) cash assistance, as
defined in
45 C.F.R.
260.32
(10/01/20)
only includes WTW benefits that meet the definition of
assistance (as defined in rule
5101:1-1-01
of the Administrative Code) and are directed as basic needs, when they are
provided in the form of cash payments, checks, reimbursements, electronic funds
transfers, or any other form that can legally be converted to
currency.
(F) What
months are not countable toward time limits?
Receipt of assistance for purposes of applying the time limit does not
include any month that any of the following conditions exist:
(1) An assistance group received TANF
assistance in another state, and that state had a waiver of time limits in
effect during the months that the assistance was received in that
state.
(2) An assistance group
received OWF cash assistance in the form of a warrant, check, voucher, EFT or
EBT for a month, but returned either the check, warrant or voucher to the
county agency uncashed or unused, or returned the amount of the OWF check,
warrant, voucher, EFT, or EBT to the county agency.
(3) An assistance group is subject to the
minimum payment provision described in rule
5101:1-23-40
of the Administrative Code.
(4) An
assistance group is not receiving OWF cash assistance benefits due to
participation in the subsidized employment program (SEP).
(5) An assistance group is not receiving OWF
cash assistance benefits due to the imposition of a learning, earning and
parenting (LEAP) sanction that reduces the OWF benefit to zero dollars, in
accordance with the provisions described in rule
5101:1-23-50
of the Administrative Code.
(6) An
assistance group is not receiving OWF cash assistance benefits due to the
imposition of a learnfare sanction that reduces the OWF benefit to zero
dollars, in accordance with the provisions described in sections
5107.284
and
5107.285
of the Revised Code.
(7) Supportive
services such as transportation and child care are provided to assistance
groups containing an employed member.
(8) An assistance group is not receiving OWF
cash assistance benefits as delineated in paragraph (E) of this rule, but
prevention, retention and contingency (PRC) services under the PRC program as
described in sections
5108.01
to
5108.10
of the Revised Code are provided to the assistance group.
(9) Any month of receipt by an individual
other than the individuals identified in paragraphs (C)(1) to (C)(5) of this
rule shall not be counted toward the time-limited receipt of
assistance.
(10) LEAP enrollment,
attendance, grade completion and graduation bonuses provided to LEAP
participants in accordance with the provisions contained in rule
5101:1-23-50
of the Administrative Code are not considered assistance for OWF time limit
purposes.
(11) An assistance group
is not receiving assistance as described in paragraph (E) of this rule, but WTW
non-cash assistance benefits (as defined in rule
5101:1-1-01
of the Administrative Code) are being provided to the assistance
group.
(12) An assistance group is
not considered to be in receipt of assistance for any month that the assistance
group's OWF benefits are
reduced to zero to repay an overpayment.
(13) Any month of receipt of assistance by an
adult while living in Indian country as defined in rule 5101:1-01-01 of the
Administrative Code, or a native Alaskan village where at least fifty per cent
of the adults were not employed.
(14) When an erroneous payment occurs because
the assistance group was not eligible to receive assistance for a month, and
the assistance group repays that erroneous payment in full, the month that the
overpayment occurred does not count toward the time limit.
(G) How are time limits tracked?
Receipt of assistance under the OWF program shall be tracked for each
required member in the assistance group as described in paragraph (C) of this
rule:
(1) The tracking record for each
required member follows the member even when they move into and out of
different assistance groups. The receipt of assistance transfers from one
assistance group to another via the movement of the required member.
(2) Required members retain and accumulate
actual months of receipt by each required member.
(3) The assistance group's number of months
is the highest number of months of receipt by each of the required
members.
(4) The movement of
children from one assistance group to another has no effect on the time limits
because receipt of assistance is not tracked separately for children.
