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 job
search
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
if
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
just
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
if
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
if
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" (rev.
11/2016) 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.
Notes
Ohio Admin. Code
5101:4-3-09
Effective:
6/1/2022
Five Year Review (FYR) Dates:
3/3/2022 and
06/01/2027
Promulgated
Under:
119.03
Statutory Authority:
5101.54
Rule Amplifies:
5101.54,
5107.14,
5107.16,
5107.22,
5107.26,
5107.41,
5107.42
Prior Effective Dates: 10/01/1997 (Emer.), 12/01/1997, 01/08/1998,
10/11/2001, 08/29/2003 (Emer.), 11/01/2003, 05/24/2007, 10/01/2007 (Emer.),
12/31/2007, 10/15/2009, 08/01/2011, 02/01/2012, 09/01/2013,
07/01/2017