When an overissuance of food
assistance
supplemental nutrition assistance
program (SNAP) benefits is discovered during a month(s) for individuals
who have already completed a work experience program (WEP) activity, as
described in rule
5101:4-3-34
of the Administrative Code, the county agency shall follow the claim recovery
procedures specified in this rule.
(A)
What is the claim recovery procedure for an individual who performed the WEP
activity and is still subject to a WEP assignment at the time the claim is
created?
(1) The county agency shall
determine how many extra hours the individual worked as a result of the
improper benefit issuance. The individual shall be credited the extra hours
worked toward future WEP obligations.
(2) The county agency shall establish
and calculate a claim
for the entire amount of the overissuance
in accordance with Chapter 5101:4-8 of the Administrative
Code.
(B) What is
the claim recovery procedure for an individual who performed the WEP activity
and is no longer subject to a WEP assignment at the time the claim is created?
The county agency shall determine whether the overpayment was
the result of an intentional program violation (IPV), inadvertent household
error (IHE), or administrative error (AE), as defined in rule
5101:4-8-15
of the Administrative Code.
(1) When
the overissuance was caused by an IPV, a claim shall be established
for the entire amount
and calculated in accordance with Chapter 5101:4-8 of the
Administrative Code.
(2) When
the overissuance was caused by an IHE or AE, the county agency shall determine
whether the number of hours the individual actually participated in the WEP
activity was more than the number that could have been assigned had the proper
benefit amount been used in calculating the number of hours to work. The county
agency shall establish a claim for the amount of the overissuance not worked.
When the hours worked equal the amount of hours calculated by dividing the
overissuance by the minimum wage, then no claim will be established. No credit
for future work requirements will be given.
Notes
Ohio Admin. Code
5101:4-3-34.1
Effective:
10/1/2020
Five Year Review (FYR) Dates:
7/17/2020 and
10/01/2025
Promulgated
Under: 119.03
Statutory
Authority: 5101.54
Rule
Amplifies: 5101.54
Prior
Effective Dates: 10/15/2009, 08/01/2015
