Ohio Admin. Code 5101:4-4-07 - Food assistance: special resource situations
(A) How are jointly
owned resources counted?
(1) Resources owned
jointly by separate assistance groups shall be considered available in their
entirety to each assistance group, unless the assistance group can demonstrate
that the resources are inaccessible to the applicant assistance group. When the
assistance group can demonstrate that it has access to only a portion of the
resource, the value of that portion of the resource shall be counted toward the
assistance group's resource level. The resource shall be considered totally
inaccessible to the assistance group when the resources cannot be practically
subdivided and the assistance group's access to the value of the resource is
dependent on the agreement of the joint owner who refuses to comply.
(2) For purposes of this provision,
ineligible aliens or disqualified individuals residing with the assistance
group shall be considered assistance group members; non assistance group
members shall be considered separate from other assistance group
members.
(3) Resources shall be
considered inaccessible to persons residing in shelters for battered persons
and children when the resources are jointly owned by such persons and by
members of their former assistance group and the shelter resident's access to
the value of the resources is dependent on the agreement of a joint owner who
still resides in the former assistance group.
(B) How are nonrecurring lump-sum payments
treated?
(1) A nonrecurring lump-sum payment,
money received at one time that is not expected to reoccur, or payments
which
that
are not related to any time period such as death benefits or inheritance, shall
be counted as resources in the month received, unless specifically excluded
from consideration as a resource by other federal laws.
(2) Upon obtaining information that an
assistance group has received a nonrecurring lump-sum payment, the county
agency shall review the case file in order to determine when the amount
received in addition to the amount of resources listed on the application will
exceed the resource limit for the particular assistance group. When the amount
does not exceed the limitation, the case file is noted to document the
information received. No further action is required unless the assistance group
must be notified in accordance with the procedures for a reported change. When
the total amount exceeds the allowable resource limitation, the assistance
group must be notified and given an opportunity to update its entire resource
statement. When it declines to do so or the amount of resources still exceeds
the limit, the county agency shall take action to terminate the assistance
group's supplemental nutrition assistance program benefits.
Notes
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 06/02/1980, 04/01/1981, 02/12/1982, 07/01/1982, 09/27/1982, 06/01/1983, 02/01/1984 (Temp.), 03/02/1984, 08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 10/01/1988 (Emer.), 11/18/1988, 01/05/1990 (Emer.), 03/22/1990, 02/17/1991, 05/01/1991 (Emer.), 06/01/1991, 12/01/1991, 07/01/1992, 09/01/1994, 10/01/1995 (Emer.), 12/15/1995, 02/01/1996 (Emer.), 03/14/1996, 07/01/1996, 10/01/1996 (Emer.), 12/05/1996, 04/01/1997 (Emer.), 06/06/1997, 09/28/1998, 03/01/2001 (Emer.), 05/31/2001, 10/11/2002 (Emer.), 12/26/2002, 06/01/2003 (Emer.), 06/16/2003, 06/12/2008, 09/01/2013, 09/01/2018
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