Current through all regulations passed and filed through December 16, 2024
(A) When
are supplemental nutrition assistance program (SNAP) benefits not to be
increased?
The county agency shall not increase the SNAP allotment as the
result of a decrease in
Ohio works first (OWF) when the decrease is due
to the failure of an assistance group member to perform a required action.
OWFbenefits shall be considered decreased when
reduced, suspended or terminated.
(B) What is considered a failure to perform a
required action?
(1) Failure to
perform a required action shall be limited to a situation when benefits are
being received and then decreased. The individual must be certified for SNAP
benefits at the time of the failure to perform a required action for this rule
to apply.
(2) Failures to perform a
required action include:
Ohio works first:
(a) Learnfare failure as described in rule
5101:1-3-14 of the
Administrative Code.
(b)
Intentional violation of program requirements disqualification as described in
rule 5101:1-23-75 of the
Administrative Code.
(c)
Termination of employment without just cause as described in rule
5101:1-3-14 of the
Administrative Code.
(d) Fraud
provisions (assistance group ineligibility) as described in rule
5101:1-23-75 of the
Administrative Code.
(e) Refusal to
accept unconditionally available income as described in rule
5101:1-3-14 of the
Administrative Code.
(f) Refusal of
a minor parent to reside in an adult-supervised living arrangement as described
in rule
5101:1-3-03 of the
Administrative Code.
(g) Failure of
a learning, earning and parenting (LEAP) participant to perform a required
action with the high school equivalency diploma as described in rule
5101:1-23-50 of the
Administrative Code.
(h) Imposition
of a LEAP sanction (does not apply to situations where the LEAP bonus is not
paid, but no sanction is imposed) as described in rule
5101:1-23-50 of the
Administrative Code.
(i) Failure to
perform a required action with a provision of the OWF self-sufficiency contract
as described in rule
5101:1-3-14 of the
Administrative Code.
(j) Residence
fraud as described in rule
5101:1-3-14 of the
Administrative Code, that does not result in a period of ineligibility for SNAP
benefits for the individual(s) who was convicted.
(C) How are SNAP benefits affected
when there is a penalty in both SNAP and cash OWF
programs for the same failure to perform a required action?
(1) The appropriate SNAP penalty shall be
applied.
(2) After the SNAP penalty
is applied (i.e. individual failing or refusing is removed from the assistance
group), the allotment is calculated based on the new assistance group size and
the actual benefit amount issued by the OWF program, if any. When
there is no increase, the calculated allotment shall be issued. For example,
when a penalty occurs in the OWF program and a penalty is also applied to the
SNAP OWF member, the SNAP allotment is calculated based on a zero OWF grant and
one less member in the assistance group.
(3) When the allotment calculation results in
a greater amount of SNAP benefits than the assistance group was receiving prior
to the OWF penalty, the county agency shall issue the SNAP allotment being
issued prior to the month of the OWF penalty. The county agency shall then
subtract the allotment that the assistance group was receiving prior to the OWF
penalty from the newly calculated allotment. This difference is the amount by
which the SNAP benefits cannot increase when other changes occur. The
calculated difference shall continue to be the amount deducted from a newly
calculated allotment when other changes unrelated to the failure to perform a
required action occur for the duration of the penalty.
(4) After the SNAP penalty is served, if
there are any remaining months of the cash
OWF penalty to be served, SNAP benefits shall not be
increased during the remaining month(s) of the
OWFpenalty due to
the decrease in the payments.
(D) How are SNAP benefits calculated when
there is no penalty in SNAP for failure to perform a required action but there
is a penalty for OWF?
When there is no penalty in SNAP for a failure to perform a
required action with the
OWF program, the county agency shall calculate
the SNAP benefits using the
OWF benefit amount that would be issued if no
penalty had been imposed. When the
OWF benefit amount cannot be
specifically identified, the prohibition on increased SNAP benefits do not
apply.
(E) How are SNAP
benefits calculated when there is a recoupment and a reduction of benefits?
(1) When an assistance group is subject to
both a recoupment and a reduction for the same act of noncompliance, SNAP
benefits shall be calculated based on the amount of the
OWF benefit prior to recoupment and
reduction.
(2) Monies that are
voluntarily or involuntarily withheld from OWF, or returned to
repay a prior overpayment that is not considered a failure to complete a
required action, shall be handled as recoupments in accordance with rule
5101:4-4-13 of the
Administrative Code.
(F)
How long does the prohibition on increasing SNAP benefits apply?
The prohibition on increasing SNAP benefits applies for no
longer than the duration of the decrease in OWF. When the penalty
is still in effect at the end of one year, the county agency shall review the
case to determine if the penalty continues to be appropriate. For example, when
the assistance group is still not receiving
OWF after one year, it may
not be appropriate to continue the penalty. Penalties extended beyond one year
shall be reviewed at least annually but may be ended by the county agency at
any time when appropriate. The penalty shall be concurrent with
the reduction in the other assistance program to the extent allowed by normal
SNAP change processing and notice procedures. When the county agency can no
longer determine the amount of the reduction in assistance, the county agency
must document the case accordingly and end the SNAP penalty.
(G) What requirements must the county agency
meet to comply with this rule?
(1) The county
agency shall lift the ban on increasing SNAP benefits when it becomes aware
that the person is ineligible for
OWF during the
disqualification period for some other reason.
(2) The county agency shall not decrease or
terminate an assistance group's current SNAP allotment when the assistance
group's benefits under another assistance program, other than
OWF, have been decreased due to a failure to perform a
required action of that program.
(3) When an individual joins a new assistance
group, the prohibition on increasing SNAP benefits shall be applied unless that
person is ineligible for the assistance program for some other reason. When an
individual moves to a new state, the prohibition on increasing benefits shall
not be applied.
(4) The county
agency shall restore lost benefits when necessary in accordance with rule
5101:4-8-03 of the
Administrative Code when it is later determined that the reduction in the
OWF benefit was not appropriate.
(5) The county agency shall act on changes
that are not related to the assistance group's violation and that would affect
the assistance group's benefits.
