Current through all regulations passed and filed through September 16, 2024
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:
(a) An assistance group in which any member
has been provided information of the services available through the Ohio
careline is categorically eligible for
SNAP. The Ohio careline is an emotional support call
service that offers confidential support to individuals or families in crisis by
trained, licensed clinicians. When individuals need additional services, they
will receive assistance and connection to local clinicians.
(b) Assistance groups without an elderly or
disabled member shall pass the gross income test as defined in rule
5101:4-4-11 of the
Administrative Code to be authorized to receive information about Ohio
careline services. The gross income of assistance
groups with an elderly or disabled member, as defined in rule
5101:4-1-03 of the
Administrative Code, shall be at or below two hundred per cent of the federal
poverty level according to their assistance group size to be authorized to
receive information about Ohio careline services.
(c) All applicants and recipients are
provided information about the Ohio careline services on approval
notices received at application and recertification. The approval notice includes
information about the services offered and how they can access those
services.
(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 receiving PRC benefits or
services shall 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 shall 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 receiving
PRC benefits or services cannot be included in the assistance group size when
determining the benefit amount. The income and resources of the ineligible
member shall 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.
(C) What eligibility factors are waived for assistance
groups determined categorically eligible?
(1)
For an assistance group determined categorically eligible because of receipt of
OWF, SSI, or PRC the following factors are waived and do not require verification
as described in rule
5101:4-2-09 of the
Administrative Code:
(a) Resources;
(b) Gross and net income limits;
(c) Social security number;
(d) Sponsored alien information;
and
(e) Residency.
(2) For an assistance group
determined categorically eligible because of the notification of the Ohio
careline services the following factors are waived and
do not require verification as described in rule
5101:4-2-09 of the
Administrative Code:
(a) Resources;
and
(b) Net income limit.
(3) Any other required
verification such as allowable expenses and factors that are questionable shall
be verified in accordance with rule
5101:4-2-09 of the
Administrative Code.
(D) What are the
exceptions to categorical eligibility for OWF, SSI, PRC and Ohio
careline assistance groups?
(1) No person shall 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;
(c)
Institutionalized in a non-exempt facility as defined in rule
5101:4-2-03 of the
Administrative Code; or
(d) Ineligible under the able-bodied adults without
dependents provisions in rule
5101:4-3-20 of the
Administrative Code.
(2)
Under no circumstances shall an assistance group 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 shall 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 shall 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 shall 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 shall 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 county agency shall indicate on the
denial notice 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 shall be informed on the denial notice that its application
can be reopened when it gains categorical eligibility. The assistance group
shall 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 shall have the
assistance group update their application. The assistance group shall provide
any required 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 shall
enter the reported changes on the appropriate statewide automated 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 Cash, Food, and Medical Assistance"
is not a requirement.
(4) When an assistance group gains
categorical eligibility status, restored benefits shall 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 shall issue restored benefits within ten
days, if necessary, and begin regular issuances. A certification period shall
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 shall 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 shall be advised it must 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 shall be paid from
the beginning of the period for which SSI benefits are paid or the original
SNAP application date, whichever is later.