Ohio Admin. Code 5101:1-1-01 - Temporary assistance for needy families definitions
The definitions described in this rule are contained in federal regulations related to the temporary assistance for needy families (TANF) program. There are also definitions included in this rule that are set forth in the Revised Code.
(A) "Adult" is
defined in 45 C.F.R.
260.30 (10/1999) as an individual who is not
a minor child, as defined in this rule.
(B) "Assistance" is defined in
45 C.F.R.
260.31 (10/1999) as described in this
paragraph:
(1) Assistance includes cash,
payments, vouchers, and other forms of benefits designed to meet a family's
ongoing basic needs for food, clothing, shelter, utilities, household goods,
personal care items and general incidental items. Except as provided in
paragraph (B)(2) of this rule, assistance includes supportive services such as
transportation and child care provided to families who are not employed. It
includes such benefits even when they are:
(a)
Provided in the form of payments by a TANF agency or other agency on its
behalf, to individual recipients; and
(b) Conditioned on participation in work
experience or community service, or any other activity under
45 C.F.R.
261.30 (10/1999), that defines work
activities as: unsubsidized employment, subsidized private-sector employment;
subsidized public-sector employment; work experience when sufficient
private-sector employment is not available; on-the-job training (OJT); job
search and job readiness assistance; community service programs; vocational
educational training; job skills training directly related to employment;
education directly related to employment, in the case of a recipient who has
not received a high school diploma or a certificate of high school equivalency;
satisfactory attendance at secondary school or in a course of study leading to
a certificate of general equivalence, in the case of a recipient who has not
completed secondary school or received such a certificate; and providing child
care services to an individual who is participating in a community service
program.
(2) Assistance
excludes:
(a) Nonrecurrent, short-term
benefits that:
(i) Are designed to deal with a
specific crisis situation or episode of need;
(ii) Are not intended to meet recurrent or
ongoing needs; and
(iii) Will not
extend beyond four months.
(b) Work subsidies - payments to employers or
third parties to help cover the costs of employee wages, benefits, supervision
and training;
(c) Supportive
services such as child care and transportation provided to families who are
employed;
(d) Refundable earned
income tax credits;
(e)
Contributions to, and distributions from individual development accounts
(IDA);
(f) Services such as
counseling, case management, peer support, child care information and referral,
transitional services, job retention, job advancement, and other
employment-related services that do not provide basic income support;
and
(g) Transportation benefits
provided under a job access or reverse commute project to an individual who is
not otherwise receiving assistance.
(C) "Assistance group" means those persons
potentially eligible or determined eligible to receive benefits together under
one assistance group name. This was formerly referred to as the standard filing
unit (SFU).
(D) "Case" has the
meaning described in paragraph (C) of this rule.
(E) "Cash assistance," when provided to Ohio
works first (OWF) participants, has the meaning described in paragraph (B) of
this rule and in rule
5101:1-23-01 of the
Administrative Code.
(F)
"Commingled State TANF expenditures" means expenditures of state funds that are
made within the TANF program and commingled with federal TANF funds.
(G) "Custodian" as defined in section
5107.02 of the Revised Code,
means an individual who has legal custody, as defined in section
2151.011 of the Revised Code, of
a minor child or comparable status over a minor child created by a court of
competent jurisdiction in another state.
(H) "Erroneous payment" as defined in section
5107.76 of the Revised Code and
rule 5101:1-23-70 of the
Administrative Code means payments of cash assistance under OWF to assistance
groups not eligible to receive the assistance, including assistance paid as a
result of misrepresentation or fraud and assistance paid due to an error by a
member of an assistance group or a county agency.
(I) "Fraudulent assistance" as defined in
section 5101.83 of the Revised Code and
rule 5101:1-23-75 of the
Administrative Code means assistance and services, including cash assistance
provided under OWF established under Chapter 5107. of the Revised Code, or
benefits and services provided under prevention, retention and contingency
(PRC) as provided in Chapter 5108. of the Revised Code, to or on behalf of an
assistance group that is provided as a result of fraud by a member of the
assistance group, including an intentional violation of the program's
requirement. Fraudulent assistance does not include assistance or services to
or on behalf of an assistance group that is provided as a result of an error
that is the fault of the county agency or the Ohio department of job and family
services (ODJFS).
(J) "Guardian" as
defined in section 5107.02 of the Revised Code
means an individual that is granted authority by a probate court pursuant to
Chapter 2111. of the Revised Code, or a court of competent jurisdiction in
another state, to exercise parental rights over a minor child to the extent
provided in the court's order and subject to residual parental rights of the
minor child's parents.
(K) "Indian"
as defined in 25 U.S.C.
5304 (10/1994) means a person who is a member
of an Indian tribe.
(L) "Indian
country" as defined in 18
U.S.C. 1151 (5/1976) means:
(1) All land within the limits of any Indian
reservation under the jurisdiction of the United States government,
notwithstanding the issuance of any patent and, including rights-of-way running
through the reservation;
(2) All
dependent Indian communities within the borders of the United States whether
within the original or subsequently acquired territory thereof, and whether
within or without the limits of a state; and
(3) All Indian allotments, the Indian titles
that have not been extinguished, including rights-of-way running through the
same.
(M) "Indian tribe"
as defined in 25 U.S.C.
5304, means any Indian tribe, band, nation,
or other organized group or community, including any Alaska native village or
regional or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (12/2004) that is recognized as eligible
for the special programs and services provided by the United States to Indians
because of their status as Indians; except that the term "Indian tribe" means,
with respect to the state of Alaska, only the Metlakatla Indian community of
the Annette islands reserve and the following Alaska native regional nonprofit
corporations:
(1) Arctic slope native
association;
(2) Kawerak,
inc.;
(3) Maniilaq
association;
(4) Association of
village council presidents;
(5)
Tanana chiefs council;
(6) Cook
inlet tribal council;
(7) Bristol
bay native association;
(8)
Aleutian and Pribilof island association;
(9) Chugachmuit;
(10) Tlingit Haida central council;
(11) Kodiak area native association;
and
(12) Copper river native
association.
(N) "Indian
Tribal Organization" or "tribal organization" as defined in
25 U.S.C.
5304 means the recognized governing body of
any Indian tribe; any legally established organization of Indians that is
controlled, sanctioned, or chartered by such governing body or that is
democratically elected by the adult members of the Indian community to be
served by such organization and that includes the maximum participation of
Indians in all phases of its activities provided that in any case where a
contract is let or grant made to an organization to perform services benefiting
more than one Indian tribe, the approval of each such Indian tribe shall be the
prerequisite to the letting or making of such contract or grant.
(O) "Individual Development Account (IDA)" as
defined in 45 C.F.R.
263.20 (10/1999) means an account established
by or for an individual who is eligible for assistance under the TANF program,
to allow the individual to accumulate funds for specific purposes. The funds in
an IDA account shall be disregarded in determining eligibility for, or the
amount of, assistance in any federal means-tested programs.
(P) "Minor child" as defined in
45 C.F.R.
260.30 means an individual who:
(1) Is not eighteen years of age;
or
(2) Who has not turned nineteen
years of age and is a full-time student in a secondary school (or the
equivalent level of vocational or technical training).
(Q) "Minor head of household" as defined in
section 5107.02 of the Revised Code
means a minor child who is either of the following:
(1) Is married, at
least six months pregnant and a member of an assistance group that
does not include an adult; or
(2)
Is married and is a parent of a child included in the same assistance group
that does not include an adult.
(R) "Ohio Works First (OWF)" as defined in
section 5107.02 of the Revised Code
means the program established by section
5107.03 of the Revised Code. OWF
is Ohio's TANF cash assistance program. OWF is a program that provides
time-limited cash assistance, as defined in paragraph (B)(1) of this rule, to
eligible families.
(S) "Payment
standard" as defined in section
5107.02 of the Revised Code
means the amount specified in rules adopted under section
5107.05 of the Revised Code that
is the maximum amount of cash assistance an assistance group may receive under
OWF from state and federal funds.
(T) "Prevention, Retention and Contingency
(PRC)" as defined in Chapter 5108. of the Revised Code means the program
established under Chapter 5108. of the Revised Code and funded in part with
federal TANF funds to provide non-cash benefits and services, as defined in
paragraph (B)(2) of this rule, that individuals need to overcome immediate
barriers to achieving or maintaining self sufficiency and personal
responsibility.
(U) Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a
United States federal law as defined in
45 C.F.R.
260.30, or Pub. L. No.
104-193 (8/1996). PRWORA instituted TANF.
(V) "Specified relative" as defined in
section 5107.02 of the Revised Code
means the following individuals who are age eighteen and older:
(1) The following individuals related by
blood or adoption;
(a) Grandparents, including
grandparents with the prefix "great," "great-great," or
"great-great-great";
(b)
Siblings;
(c) Aunts, uncles,
nephews, and nieces, including such relatives with the prefix "great,"
"great-great," "grand," or "great-grand"; and
(d) First cousins and first cousins once
removed.
(2) Stepparents
and stepsiblings; and
(3) Spouses
and former spouses of individuals named in paragraphs (V)(1) and (V)(2) of this
rule.
(W) "State TANF
expenditures" as defined in 45 C.F.R. 260.30 means the
expenditure of state funds within the TANF program.
(X) "Statewide automated eligibility system"
means the centralized statewide automated system that supports all eighty-eight
county agencies.
(Y) "Supplemental
security income (SSI)" means cash payments made under the authority of Title
XVI of the Social Security Act (8/1997), to the aged, blind, and disabled; or
section 1616(a) of the Social Security Act.
(Z) "Supplemental security income (SSI)
recipient" means a person who receives SSI payments.
(AA) "Temporary assistance for needy families
(TANF)" as defined in 45
C.F.R. 260.30 is a block grant program to
help move recipients into work and turn welfare into a program of temporary
assistance. Under the welfare reform legislation of 1996, TANF replaced the old
welfare programs known as the aid to families with dependent children (AFDC)
program, the job opportunities and basic skills training (JOBS) program, and
the emergency assistance (EA) program.
(BB) "TANF Program" as defined in
45 C.F.R.
260.30 means a state program of family
assistance operated by an eligible state under its state TANF plan.
(CC) "Title IV-A" as defined in
45 C.F.R.
260.30 means the title and part of the Social
Security Act that now includes TANF, but previously included the now obsolete
aid to families with dependent children (AFDC) and emergency assistance (EA)
programs.
(DD) "Title IV-A program"
as defined in section
5101.80 of the Revised Code
means all of the following that are funded in part with funds provided under
the TANF block grant:
(1) The OWF program
established under Chapter 5107. of the Revised Code;
(2) The PRC program established under Chapter
5108. of the Revised Code;
(3) A
program established by the general assembly or an executive order issued by the
governor that is administered or supervised by the ODJFS; and
(4) The kinship permanency incentive program
created under section
5101.802 of the Revised
Code.
(5) The Title IV-A
demonstration program created under section
5101.803 of the Revised
Code.
(6) The Ohio parenting and
pregnancy program created under section
5101.804 of the Revised
Code;
(7) A component identified in
the Title IV-A state plan that is listed as a component of a Title IV-A program
in paragraphs (DD)(1) to (DD)(6) of this rule.
(EE) "Work eligible individual" as defined in
45 C.F.R.
261.2 (02/2008) means the following:
(1) An adult (or minor child
head-of-household) receiving assistance under TANF or a separate state program
or a non-recipient parent living with a child receiving such assistance unless
the parent is:
(a) A minor parent and not the
head-of-household;
(b) A
non-citizen who is ineligible to receive assistance due to his or her
immigration status; or
(c) At state
option on a case-by-case basis, a recipient of supplemental security income
(SSI) benefits or aid to the aged, blind or disabled in the
territories.
(2) The term
excludes:
(a) A parent providing care for a
disabled family member living in the home, provided that there is medical
documentation to support the need for the parent to remain in the home to care
for the disabled family member;
(b)
At state option on a case-by-case basis, a parent who is a recipient of social
security disability insurance (SSDI) benefits; and
(c) An individual in a family receiving
maintenance-of-effort funded assistance under an approved tribal TANF program,
unless the state includes the tribal family in calculating work participation
rates, as permitted under 45
C.F.R. 261.25 (10/1999).
(FF) "Work participation rate"
means the minimum federal work participation rates pursuant to
45 C.F.R.
261.21 (10/2006) and
45 C.F.R.
261.23 (10/2006). The minimum federal work
participation rates are ninety per cent for two-parent assistance groups and
fifty per cent for all family assistance groups.
(GG) For purposes of division 5101:1 of the
Administrative Code:
(1) The terms "appraisal"
and "assessment" shall be read to include a comprehensive assessment conducted
in accordance with division 5101:14 of the Administrative Code for work
eligible individuals between the ages of fourteen and twenty-four years of
age.
(2) The terms "self
sufficiency contract" and "self sufficiency contract and plan" shall be read to
include an individual opportunity plan developed in accordance with division
5101:14 of the Administrative Code for work eligible individuals between the
ages of fourteen and twenty-four years of age.
Notes
Promulgated Under: 119.03
Statutory Authority: 5116.06, 5107.05
Rule Amplifies: 5107.05, 5116.12, 5116.11, 5116.10, 5116.06
Prior Effective Dates: 07/01/2002, 08/29/2003 (Emer.), 11/01/2003, 09/29/2006 (Emer.), 12/29/2006, 10/01/2008, 10/01/2011, 10/01/2016, 10/01/2017, 06/01/2021
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