Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-23 - Income
Section 5101:1-23-20.2 - Ohio works first: allocation of income
Universal Citation: OH Admin Code 5101:1-23-20.2
Current through all regulations passed and filed through September 16, 2024
(A) When is income allocated to an assistance group?
Income shall be allocated to the Ohio works first (OWF) assistance group from an individual living with the assistance group who is one of the following:
(1) A stepparent who is
ceremonially or legally married to the child's parent.
(2) A parent(s) of a minor caretaker when the
minor caretaker's needs are included in the assistance group with the minor's
child(ren). The minor parent must meet the following conditions:
(a) Under the age of eighteen; and
(b) Lives with his or her
parent(s).
(3) A spouse
of a specified relative in need, as described in rule
5101:1-23-10 of the
Administrative Code.
(4) A parent
who does not meet the citizenship requirements as described in rule
5101:1-2-30 of the
Administrative Code.
(B) When is income not allocated?
Income shall not be allocated to the OWF assistance group from an individual living with the assistance group who is one of the following:
(1) A stepparent when the parent of the OWF
child(ren) is ineligible or excluded from the assistance group.
(2) A stepparent of a minor
caretaker.
(3) A parent(s) of the
minor caretaker when the minor caretaker is not included in the OWF assistance
group with his or her eligible child.
(C) How is income allocated?
(1) The allocation allowance standard is the
amount used when a portion of the income of an individual identified in
paragraph (A) of this rule, must be considered in the calculation of income to
be applied to the assistance group. This standard is one hundred per cent of
the federal poverty guidelines in effect on July 1, 1997.
(2) The income allocation budget is
calculated as follows:
(a) If the individual
has gross earned income, deduct the first ninety dollars;
(b) Add the individual's gross unearned
income, if applicable, to the figure derived in paragraph (C)(2)(a) of this
rule.
(c) Deduct the allocation
amount as described in paragraph (C)(1) of this rule for the individual listed
in paragraph (A) of this rule and any other individual who meets all of the
following conditions:
(i) The individual is
living in the home.
(ii) The
individual's needs are not included in the OWF assistance group. Unless the
individual is in receipt of supplemental security income (SSI), or otherwise
excluded from the assistance group pursuant to rule
5101:1-23-10 of the
Administrative Code, the parent of the OWF child(ren) must be included in the
assistance group, so the parent's needs are not included in the allocation
amount to be deducted.
(iii) The
individual is claimed or could be claimed for federal personal income tax
liability under the internal revenue service's rules by the individual whose
income is being allocated.
(d) Deduct the amount of ongoing payments
made by the individual listed in paragraph (A) of this rule for individuals who
are not living in the home but are claimed or could be claimed by the
individual as dependents for federal personal income tax liability under the
internal revenue service's rules.
(e) Deduct the amount paid as alimony or
child support for individuals not living in the home by the individual whose
income is being allocated.
(f) The
remainder is the amount that is allocated and treated as unearned income to the
OWF assistance group.
(3) A non-recurring lump sum payment received
by an individual listed in paragraph (A) of this rule, who is not a part of the
OWF assistance group is considered as income available only in the month the
payment is received.
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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