Ohio Administrative Code
Title 5101:1 - Division of Public Assistance
Chapter 5101:1-23 - Income
Section 5101:1-23-60 - Ohio works first: underpayments
Universal Citation: OH Admin Code 5101:1-23-60
Current through all regulations passed and filed through September 16, 2024
(A) What is an Ohio works first (OWF) underpayment?
(1) An OWF benefit received by
or for an assistance group that is less than the amount the assistance group
was eligible to receive; or
(2) The
failure by the county agency to issue OWF to an eligible assistance group. This
includes a denial or termination of OWF that resulted
from an incorrect determination.
(B) How is an underpayment calculated?
(1) An underpayment is calculated from:
(a) The date of the change, per the reporting
responsibilities as described in rule
5101:1-2-20
of the Administrative Code; or
(b)
The date that the county agency becomes aware of the change, when the reporting
responsibilities as described in rule
5101:1-2-20
of the Administrative Code are not met.
(2) An underpayment shall be calculated for
no more than twelve months prior to whichever of the situations in paragraph
(B)(1) of this rule occurred first.
(3) The amount of the underpayment is the
difference between the amount of OWF that an assistance group was eligible to
receive for a particular period of time and the lesser amount the assistance
group actually received for that same period of time.
(4) In calculating the underpayment amount
for situations involving the untimely reporting
of income, the county agency shall use the actual income received by the
assistance group, provided all of the documentation is available to the county
agency. When all of the documentation is not available, the county agency shall
follow the verification provisions as described in rule
5101:1-2-20
of the Administrative Code.
(5) In
situations where the error does not involve untimely reporting
of income, the county agency shall use the converted income already established
for the month(s).
(6) When there is
earned income, the appropriate deductions (i.e., earned income disregard, child
care costs) are allowed in order to compute the amount of an
underpayment.
(7) Underpayments of
less than ten dollars are not subject to the minimum payment provisions as
described in rule
5101:1-23-40
of the Administrative Code.
(C) How is an underpayment corrected?
Underpayments not offset against erroneous payments as described in rule 5101:1-23-70 of the Administrative Code are adjusted by authorization of asupplemental payment. A supplemental payment shall be issued to correct the underpayment (unless the assistance group declines the benefits in order to avoid using time-limited months) regardless of whether the assistance group is currently in receipt of OWF.
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