Current through all regulations passed and filed through December 16, 2024
This rule sets forth the actions a county agency shall take on
supplemental nutrition assistance program (SNAP) benefits when a member of an
assistance group in which all members are receiving Ohio works first (OWF) is
sanctioned or disqualified from the OWF program for failing a behavioral
requirement in the OWF program designed to improve the well being of the
recipient family, such as participating in work activities
or other provisions of the self sufficiency contract.
(A) What is an OWF assistance group?
(1) An OWF assistance group is defined as an
assistance group in which all members are receiving benefits under Title IV-A
of the Social Security Act. The penalties and sanctions that should be imposed
for these assistance groups are described in rules
5101:1-3-14 and
5101:1-3-15 of the
Administrative Code.
(2) Assistance
groups in which not all members are receiving OWF shall be treated in
accordance with rules 5101:4-3-11, 5101:4-3-11.1,
5101:4-3-11.2 and
5101:4-3-19 of the
Administrative Code.
(B)
When should a county agency apply this rule?
(1) This rule shall be applied when:
(a) An individual is receiving OWF benefits
at the time the sanction or disqualification was imposed; or
(b) The sanction or disqualification is
imposed at the time of application for continued OWF benefits
when there
is no break in participation.
(2) This rule shall not be applied when an
individual has:
(a) Reached a time limit for
time-limited benefits;
(b) Failed
to reapply or complete the application process for continued OWF
benefits;
(c) Failed to perform an
action that the individual is unable to perform as opposed to refusing to
perform;
(d) Failed to perform
purely procedural requirements required by the OWF program. A procedural
requirement, which would not trigger a SNAP sanction or disqualification, is a
step that an individual must take to continue receiving benefits in the OWF
program such as providing verification of circumstances; or
(e) Been sanctioned or disqualified at the
time the individual initially applied for OWF benefits.
(C) What circumstances cause an
individual to become ineligible for SNAP rather than sanctioned or
disqualified?
(1) Failure or refusal without
good cause of an individual who is an adult or a minor head of household to
complete the appraisal process, as set forth in rule
5101:1-3-11 of the
Administrative Code.
(2) Failure or
refusal of an individual who is an adult or a minor head of household to sign
the self sufficiency contract, as set forth in rule
5101:1-3-11 of the
Administrative Code.
(3) Failure or
refusal of a minor parent to attend the learning, earning and parenting (LEAP)
program assessment, failure to enroll in school, or withdrawal from school, as
set forth in rule
5101:1-23-50 of the
Administrative Code.
(D)
What circumstances cause an individual to be disqualified from SNAP?
In accordance with rule
5101:1-3-11 of the
Administrative Code, a member of an OWF assistance group who is an adult or a
minor head of household shall be disqualified to participate in SNAP for six
payment months when the county agency determines that the member of the
assistance group terminated his or her employment without
good
cause.
(E) What
circumstances cause an individual to be sanctioned from SNAP?
(1) Failure by an individual who is an adult
or a minor head of household to comply with provision(s) contained in the self
sufficiency contract without good cause, as described in rule
5101:1-3-11 of the
Administrative Code, shall result in the imposition of a sanction for that
individual as described in rule
5101:1-3-15 of the
Administrative Code.
(a) Provisions contained
within the self sufficiency contract that could result in a sanction are work
activities, alternative activities as described in rule
5101:1-3-12.12 of the
Administrative Code and child support noncooperation as described in rule
5101:1-3-10 of the
Administrative Code.
(b) Subsequent
failures to comply with provision(s) contained in the self sufficiency contract
that occur up until the imposition of the sanction shall be considered the same
occurrence. The SNAP sanction or disqualification period shall be imposed
concurrently with the sanction or disqualification in the OWF program to the
extent allowed by normal SNAP processing times and notice
requirements.
(2)
Failures resulting in the imposition of a sanction as described in rule
5101:1-3-15 or
5101:4-3-11.2 of the
Administrative Code are to be cumulative.
(F) What happens when a sanctioned or
disqualified individual changes OWF assistance groups?
An individual who causes the sanction or disqualification
carries that sanction or disqualification into another OWF assistance group
until that individual complies.
(G) What happens to the sanction
when the
individual leaves the OWF program prior to the imposition of the sanction?
When an OWF individual leaves the OWF program prior to the
actual imposition of the sanction or disqualification, the sanction or
disqualification will not be held in abeyance.
(H) How long does an individual remain
sanctioned from SNAP under the provisions of this rule?
(1) The length of the SNAP sanction or
disqualification period shall not exceed the OWF sanction or disqualification
period in accordance with paragraph (C) of rule
5101:1-3-15 of the
Administrative Code.
(a) When the sanction or
disqualification is still in effect at the end of one year, the county agency
shall review the case to determine when the sanction or disqualification continues to be
appropriate. Sanctions or disqualifications extended beyond one year must be
reviewed at least annually but may be ended by the county agency at any
time.
(b) The county agency shall
stop the SNAP sanction or disqualification when it becomes aware that the
person has become ineligible for OWF for some other reason.
(2) After a sanction or
disqualification has ended, the individual may apply for SNAP benefits
according to rule
5101:4-2-01 of the
Administrative Code or be added to the assistance group according to paragraph
(K)(3)(a) of rule
5101:4-7-01 of the
Administrative Code.
(I)
How is a SNAP sanction that is imposed in accordance with rule
5101:1-3-15 of the
Administrative Code ended and eligibility regained?
The assistance group member who failed or refused a provision
of the self sufficiency contract must:
(1) Sign and submit to the county agency a
JFS 03804 "Ohio Works First/ Supplemental Nutrition Assistance Program (SNAP)
Sanction Compliance Agreement" or the equivalent from the statewide automated eligibility
system; and
(2) Serve the minimum
sanction period.
(3) For a second
and any subsequent sanction the assistance group member who failed and/or
refused, to comply with a provision of the self sufficiency contract without
good cause, must demonstrate a willingness to comply with the self sufficiency
contract through the completion of an appropriate compliance activity as
assigned by the county agency in accordance with paragraph (H) of rule
5101:1-3-15 of the
Administrative Code.
(J)
How are the income and resources of a sanctioned individual treated?
Individuals sanctioned in accordance with this rule shall have
their income and resources treated as described in rule
5101:4-6-13
of the Administrative Code.
(K) How is the SNAP benefit allotment
affected?
In accordance with rule
5101:4-6-16 of the
Administrative Code, the county agency shall not increase the SNAP allotment as
the result of a decrease in OWF when the decrease is due to the failure of an
assistance group member to perform a required action.
(L) How does the county agency process
changes that are not related to the OWF violation?
The county agency shall act on changes which are not related to
the OWF violation and that would affect the assistance group's benefits
in accordance with rule
5101:4-7-01 of the
Administrative Code. All individuals who enter the OWF assistance group
after the time of the failure, and otherwise meet eligibility requirements,
shall be eligible to receive SNAP benefits for the appropriate assistance group
size.