(A) What is work
registration?
Work registration is the process for identifying employable
individuals who are applying for or are participating in the supplemental
nutrition assistance program (SNAP). Individuals who are work registered must
comply with the requirements described in rule
5101:4-3-11.1 of the
Administrative Code.
(B) Who
must be work registered for SNAP?
Unless an individual meets one of the following exemptions, the
individual shall be registered for work and be required to comply with the work
registration requirements described in rule
5101:4-3-11.1 of the
Administrative Code:
(1) A person
younger than sixteen years of age.
(a) A
sixteen- or seventeen-year-old participant who is not the assistance group name
as defined in rule
5101:4-1-03 of the
Administrative Code is exempt from work registration.
(b) A sixteen- or seventeen-year-old
participant who is the assistance group name and is attending school or
enrolled in an employment training program at least half time is exempt from
work registration.
(2)
Person sixty years of age or older.
(3) 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 assistance group member, only one member shall be exempt. The
responsibility should be determined by discussion with the applicant.
(4) A person receiving unemployment
compensation benefits. A person who has applied for, but is not yet receiving,
unemployment compensation benefits is also exempt when that person is complying
with the requirements of the unemployment compensation application
process.
(5) 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 he or she 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; or when the unfitness is not
obvious, provides a statement from a physician, physician's assistant, nurse,
nurse practitioner, designated representative of the physician's office, a
licensed or certified psychologist, a social worker, or any other medical
personnel the county agency determines appropriate, that he or she is
physically or mentally unfit for employment. The county agency shall maintain
documentation within the case file capable of withstanding a third-party review
to support the granting of the exemption.
(6) Assistance group members who are applying
for both SSI and SNAP benefits at the local social security office shall 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 shall be
reevaluated.
(7) A
regular participant in a drug addiction or alcoholic treatment and
rehabilitation program, either on a resident or nonresident basis.
(8) A student enrolled in a recognized
school, training program, or institution of higher education, as defined in
rule
5101:4-6-04 of the
Administrative Code, is exempt from work registration when enrolled at least
half time.
(a) A student enrolled at least
half time in any recognized school, training program, or institution of higher
education will remain exempt during normal periods of class attendance,
vacation and recess, unless 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).
(b) Persons who are not enrolled at least
half time or who experience a break in enrollment due to graduation, expulsion,
or suspension, or who drop out or otherwise do not intend to return to school,
shall not be considered students for the purpose of qualifying for this
exemption.
(c) The determination of
whether the student is enrolled at least half time is made by the school,
training program, or institution of higher education.
(d) A person who is subject to work
registration as a condition of eligibility and whose assignment is to attend a
recognized school, training program, or institution of higher education is not
exempt from work registration. Individuals who are required to work register
who are assigned to a recognized school, training program or institution of
higher education through the employment and training program meet a student
exemption defined in paragraph (B)(4) of rule
5101:4-6-04 of the
Administrative Code and are considered eligible students for the
SNAP.
(e) A person who is enrolled
in a school but taking only noncredit courses is not considered a student for
purposes of this exemption.
(9) An assistance group member subject to and
complying with any work requirement under the Ohio works first (OWF)
program.
(10) 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 shall not prevent individuals from seeking additional services
from the county agency).
(C) What procedures shall the county follow
for each work registrant?
The county agency shall
is to:
(1)
Ensure each individual has received an explanation of their rights and
responsibilities described in paragraphs (D)(3)(a) to (D)(3)(d) of rule
5101:4-2-07 of the
Administrative Code and the consequences of failing to comply with the work
registration requirements described in rule
5101:4-3-11.2 of the
Administrative Code. A written statement of the above shall also be provided to
each individual who is registered for work. A statement shall also be provided
when a previously exempt individual or new assistance group member becomes
subject to a work registration, and every twelve months after initial
registration.
(2) Document each
individual registration via the
statewide
automated
Ohio benefits integrated
eligibility system.
(a) The county agency
shall update the
statewide automated
Ohio benefits integrated eligibility system for each
individual required to work register prior to authorization of SNAP
benefits.
(b) Individuals required
to work register shall not be required to be present at the time the county
agency work registers the individual. These individuals shall be notified of
work registration requirements in accordance with paragraph (C)(1) of this
rule.
(3) Provide each
work registrant with information about services available through the
OhioMeansJobs website (OhioMeansJobs.com) and/or the closest OhioMeansJobs
center;
(4)
Conduct an appraisal in accordance with rule
5101:4-3-29 of the
Administrative Code for each individual subject to the work registration
requirement described in paragraph (A)(5) of rule
5101:4-3-11.1 of the
Administrative Code
Screen each individual who
is either an adult or a sixteen or seventeen year old who is the assistance
group name and is not in school or in the SNAP E&T program, to determine if
an individual is to register for work in accordance with rule
5101:4-3-11 of the
Administrative Code and for appropriateness for referral to the SNAP employment
and training (E&T) program using the JFS 07208, "Supplemental Nutrition
Assistance Program Work Registration, ABAWD, and Employment and Training
Screening Tool," or other automated system equivalent approved by the Ohio
department of job and family services (ODJFS). A completed copy is to be saved
in the case record.
(5)
When appropriate, refer each SNAP recipient subject to
the work registration requirement described in paragraph (A)(5) of rule
5101:4-3-11.1 of the
Administrative Code to the SNAP E&T program and conduct an appraisal in
accordance with rule
5101:4-3-29 of the
Administrative Code.
(5)(6) Provide a
comprehensive oral explanation of the work requirements each assistance group
member is subject to and ensure the assistance group has received the
statewide automated
Ohio benefits integrated eligibility system generated
notice of the work requirements in accordance with rule
5101:4-2-07 of the
Administrative Code. This comprehensive oral explanation is to be provided at
initial certification, when a previously exempt assistance group member or new
assistance group member becomes subject to the work requirements as described
in rules
5101:4-3-11.1 and
5101:4-3-20 of the
Administrative Code, and at recertification.
(D) What happens when an individual is no
longer exempt from work registration?
(1) The
county agency shall register any person losing exemption status due to any
change in circumstances that is subject to reporting requirements of rule
5101:4-7-01 of the
Administrative Code at the time the change is reported. Registration shall be
documented via the
statewide automated
Ohio benefits integrated eligibility system.
(2) The county agency shall register persons
who lose their exemption due to a change in circumstances that is not subject
to reporting requirements of rule
5101:4-7-01 of the
Administrative Code at the assistance group's next recertification.
Registration shall be documented via the
statewide
automated
Ohio benefits integrated
eligibility system.
Notes
Ohio Admin. Code
5101:4-3-11
Effective:
10/1/2023
Five Year Review (FYR) Dates:
11/18/2026
Promulgated
Under: 119.03
Statutory Authority: 5101.54
Rule
Amplifies: 5101.54
Prior Effective Dates: 09/01/1976, 12/31/1977,
06/02/1980, 11/01/1980, 12/01/1980, 04/01/1981, 06/18/1981, 10/01/1981,
01/18/1982, 01/22/1982, 05/01/1982, 09/27/1982, 03/01/1983, 06/01/1983,
12/31/1984 (Emer.), 02/01/1985 (Emer.), 04/01/1985, 05/02/1985, 08/01/1985,
08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 01/02/1986 (Emer.),
04/01/1986, 03/01/1987, 04/10/1987 (Emer.), 06/22/1987, 07/01/1987 (Emer.),
09/28/1987, 12/01/1987 (Emer.), 12/24/1987, 01/13/1988 (Emer.), 02/15/1988,
03/24/1988, 03/24/1988 (Emer.), 06/18/1988, 10/01/1988 (Emer.), 11/18/1988,
01/01/1989, 01/01/1989 (Emer.), 03/18/1989, 06/30/1989 (Emer.), 09/23/1989,
04/02/1990, 10/01/1990, 11/01/1990, 01/01/1991, 04/01/1991, 10/01/1991 (Emer.),
12/02/1991, 02/03/1992, 05/01/1992, 07/01/1992, 08/01/1992 (Emer.), 10/30/1992,
11/01/1992, 09/01/1993, 02/01/1994 (Emer.), 04/15/1994, 08/01/1994, 10/17/1994,
08/01/1995 (Emer.), 10/13/1995, 12/01/1995 (Emer.), 02/19/1996, 05/01/1996,
07/01/1996, 07/01/1996 (Emer.), 09/22/1996 (Emer.), 09/23/1996 (Emer.),
10/01/1996 (Emer.), 11/22/1996 (Emer.), 12/15/1996, 12/21/1996, 01/09/1997,
01/31/1997 (Emer.), 02/01/1997 (Emer.), 04/13/1997, 05/01/1997, 10/01/1997
(Emer.), 01/08/1998, 10/11/2001, 01/06/2003, 12/06/2004, 12/31/2006,
01/01/2008, 10/15/2009, 08/01/2015, 07/01/2017, 11/18/2021,
06/16/2022