Current through all regulations passed and filed through December 16, 2024
(A)
Who is exempt
from general work requirements?
As a condition of eligibility for the
supplemental nutrition assistance program (SNAP), every individual that does
not meet one of the following exemptions is referred to as a "work registrant"
and is subject to the general work requirements as described in rule
5101:4-3-12 of the Administrative Code. A county agency is to utilize the Ohio
benefits integrated eligibility system for screening to determine and document
the exemption status and work requirement (when applicable) of each individual.
An individual is exempt when they are:
(1)
A person younger
than sixteen years of age.
(2)
A sixteen- or
seventeen-year-old participant who is attending school, enrolled in an
employment training program on at least a half-time basis, or who is not the
assistance group name.
(3)
A person sixty years of age or older.
(4)
A parent or other
assistance group member who is responsible for the care of a dependent child
under age six or an incapacitated person. When a parent and another member of
the assistance group both claim to be responsible for the care of the same
dependent child(ren) or incapacitated person, only one member is to be exempt.
The responsibility should be determined through a discussion with the
applicant.
(5)
A person receiving unemployment compensation benefits
or who has applied for and is complying with the requirements of the
unemployment compensation application process.
(6)
A person
determined by the county agency to be physically or mentally unfit for
employment either permanently or temporarily. An individual is medically
certified as physically or mentally unfit for employment when the individual
is:
(a)
Receiving temporary or permanent disability benefits issued
by governmental or private sources; or
(b)
Obviously
mentally or physically unfit for employment as determined by the county agency.
Mental or physical unfitness that may be directly or indirectly observed or
perceived does not need a medical statement. However, the county agency is to
maintain documentation within the case file capable of withstanding a
third-party review of what was observed or perceived to support the granting of
the exemption.
When the unfitness is not obvious, the
individual is to provide a statement from any medical personnel, that the
individual is physically or mentally unfit for employment. The county agency is
to maintain verification within the case file capable of withstanding a
third-party review.
(7)
Assistance group
members who are applying for both supplemental security income (SSI) and SNAP
benefits at the local social security office are to have the requirement for
work registration waived until:
(a)
They are determined eligible for SSI and thereby become
exempt from work registration; or
(b)
They are
determined ineligible for SSI at which time their exemption from work
requirements is to be reevaluated, notwithstanding the requirements of
paragraph (C) of this rule.
(8)
A person who
regularly participates in a drug addiction or alcoholic treatment and
rehabilitation program, either on a resident or nonresident
basis.
(9)
A student enrolled at least half time in any recognized
school, training program, or institution of higher education and meets the
student eligibility requirements in accordance with rule
5101:4-6-04 of the
Administrative Code. A student will remain exempt during normal periods of
class attendance, vacation and recess.
When the student graduates, enrolls
less than half-time, is suspended or expelled, drops out, or does not intend to
register for the next normal school term (excluding summer) the county agency
shall work register the individual, unless the individual qualifies for another
exemption.
(10)
An assistance group member subject to and complying
with any work requirement under the Ohio works first (OWF)
program.
(11)
An employed or self-employed person working a minimum
of thirty hours weekly or earning weekly wages at least equal to the federal
minimum wage multiplied by thirty hours. This includes migrant and seasonal
farm workers under contract or similar agreement with an employer or crew chief
to begin employment within thirty days (although this is not to prevent
individuals from seeking additional services from the county
agency).
(B)
Who is exempt from the able-bodied adults without
dependents (ABAWD) work requirement?
In addition to being a work registrant
and subject to the general work requirements, every individual who does not
meet one of the following exemptions is subject to the ABAWD work requirement
described in rule 5101:4-3-13 of the Administrative Code. A county agency is to
utilize the Ohio benefits integrated eligibility system to determine and
document the exemption status and work requirement (when applicable) of each
individual. An individual is exempt when they are:
(1)
A person under
eighteen or fifty-five years of age or older.
(3)
A parent (natural, adoptive, or step) of an assistance
group member under age eighteen, even when the assistance group member who is
under eighteen is not eligible for SNAP.
(4)
An individual
residing with an assistance group member under age eighteen, even when the
assistance group member who is under eighteen is not eligible for
SNAP.
(5)
A homeless (i.e., unhoused) individual.
(6)
A veteran as
defined in section 5126(f)(13)(F) of the James M. Inhofe National Defense
Authorization Act of 2023, means an individual who served in the United States
armed forces (such as army, marine corps, navy, air force, space force, coast
guard, and national guard), including an individual who served in a reserve
component of the armed forces and who was discharged or released there from,
regardless of the conditions of such discharge or release.
(7)
An individual
under the age of twenty-five, and who was in foster care under the
responsibility of and who left custody of a public children's services agency
after the age of eighteen.
(C)
What happens when
there is a change in exemption status?
A county agency is to utilize the Ohio
benefits integrated eligibility system to determine and document the exemption
status and work requirement (when applicable) of each individual.
(1)
When an
individual who had been subject to either work requirement becomes exempt due
to a change in circumstances, the exemption begins in the month during which
the change occurred.
(2)
When an individual who had been exempt from a work
requirement becomes required due to a change in circumstances:
(a)
For individuals
determined to no longer be exempt from the general work requirements, the
change will take effect:
(i)
At the time the change is reported, if the change in
circumstance was subject to reporting requirements of rule
5101:4-7-01 of the
Administrative Code;
(ii)
At the assistance group's next recertification, if the
change in circumstance was not subject to reporting requirements of rule
5101:4-7-01 of the
Administrative Code.
(b)
For individuals
determined to no longer be exempt from the ABAWD work requirement, the change
will take effect the month after the month in which the change of circumstance
occurred.
(D)
What information
does each individual subject to a work requirement receive?
At initial certification,
recertification and when a previously exempt assistance group member or new
assistance group member becomes subject to a work requirement, the county
agency will provide the individual with:
(1)
A comprehensive
oral explanation of the applicable work requirement(s) pertaining to each
individual in the assistance group including:
(a)
The general work
requirements described in rule 5101:4-3-12 of the Administrative Code;
and
(b)
The ABAWD work requirement described in rule
5101:4-3-13 of the Administrative Code.
(2)
A consolidated
work notice issued from the Ohio benefits integrated eligibility system.
Replaces: 5101:4-3-11, 5101:4-3-11.1, 5101:4-3-20