Current through all regulations passed and filed through December 16, 2024
(A) Can individuals
who are elderly and disabled be certified for supplemental nutrition assistance
program (SNAP) benefits separately from individuals they purchase food and
prepare meals with?
(1) Elderly individuals,
age sixty and older, who are disabled as described in paragraph (B) of this
rule may be permitted separate assistance group status when they meet the
following criteria:
(a) The income of the
individuals with whom the elderly and disabled individual resides does not
exceed one hundred sixty-five per cent of the poverty level; and
(b) The disabled individual is unable to
purchase food and prepare his or her own meals.
(2)
When an individual meets these criteria, both the
individual
with their spouse may be granted separate assistance
group status, even
when the spouse does not meet the
criteria.
(B) What is
the disability criteria to be certified for SNAP separately?
The disability shall be considered permanent under the Social
Security Act of 1935 or be a nondisease-related, severe, permanent disability.
"Disability" as described in this rule is not the same as "disabled
member" as
described in rule
5101:4-1-03 of the
Administrative Code. The key factor in determining whether or not
the disability would qualify an individual for
separate assistance group status under this provision is an inability to
purchase and prepare meals
because of the disability.
(C) How is a disability verified for separate
assistance group status?
Disability shall be verified by one of the following
procedures:
(1) A county agency shall
use the social security administration's most current list of disabilities as
the initial step for verifying if a person has a permanent disability under the Social Security Act
of 1935.
(2) When it is
obvious to the county agency that the person is unable to purchase and prepare
meals because he or she suffers from a severe physical or mental disability,
even
when
the disability is not specifically mentioned on the Social Security Act list,
additional verification is not needed and the nature of the disability shall be
documented in the case file.
(3)
When the disability is not obvious to the county agency, the person shall be
required to provide a statement from a physician or licensed or certified
psychologist certifying that the person is unable to purchase and prepare meals
because he or she suffers from one of the non obvious disabilities mentioned in
the Social Security Act list or from some other
severe, permanent physical or mental disease or nondisease-related
disability.
(D) How is
the income of the other individuals in the home determined?
(1) After an elderly individual has been
determined disabled in accordance with this rule, the following must occur:
(a) The gross income of the others with whom
the individual resides must be considered, as if the others were applying for
SNAP;
(b)
The gross monthly income of the others are to be
compared to the one hundred sixty-five per cent of the federal poverty level
for that assistance group size; and
(c) The income of the
individual who is elderly and disabled and their spouse shall not be included
in the calculation, nor are the elderly and disabled individual and their
spouse to be considered assistance group members for this purpose.
(2) The elderly and
disabled individuals who wish to be a separate assistance group shall be
responsible for obtaining the cooperation of the individuals with whom they
reside in providing necessary income information to the county
agency.
(3) Income of the
others with whom the elderly and disabled individuals live shall be verified as
if the others were also applying for program participation, as discussed in
rule 5101:4-2-09 of the
Administrative Code.
(E)
Are
shared expenses prorated?
Once separate assistance group status has been established,
county agencies shall prorate any expenses shared by the elderly and disabled
individual's assistance group and the others with whom the elderly and disabled
assistance group resides.
When the assistance group is eligible for one of
the utility allowances, the utility allowance shall not be prorated.
