When an assistance group member cannot participate because he
or she: has committed an intentional program violation, is a fleeing felon, is
sanctioned in accordance with rule 5101:4-3-11.2 of the Administrative Code,
has a social security number (SSN) disqualification, has failed to comply with
an Ohio works first (OWF) requirement as described in rule
5101:4-3-09
of the Administrative Code, is an ineligible able-bodied adult without
dependents, is an individual who has self-attested to
being convicted of and is out of compliance with terms of a sentence for crimes
described in rule
5101:4-2-03
of the Administrative Code, or is an ineligible alien, the eligibility
and benefit level of any remaining assistance group members shall be determined
in accordance with the procedures described in this rule.
(A) How is the eligibility and benefit level
determined for an assistance group that contains a member who has committed an
intentional program violation, has a fleeing felon disqualification, has been
convicted of and is out of compliance with the terms of a sentence for crimes
described in rule
5101:4-2-03
of the Administrative Code, or is sanctioned in accordance with rule
5101:4-3-11.2 of the Administrative Code?
(1)
The income and resources of the ineligible member(s) shall count in their
entirety and the entire assistance group's allowable earned income, medical,
dependent care, legally obligated child support, and excess shelter deductions
shall continue to apply to the remaining assistance group members.
(2) The ineligible member shall not be
included when determining the assistance group size for the purposes of:
(a) Assigning a benefit level to the
assistance group;
(b) Comparing the
assistance group's monthly income with the income eligibility standards;
or
(c) Applying the standard
deduction.
(3) A notice
of adverse action is not required when an individual with an intentional
program violation is removed during the certification period as described in
rule
5101:6-2-05
of the Administrative Code. The county agency shall notify the remaining
members of their eligibility at the same time the excluded member is notified
of his or her intentional program violation.
(4) A notice of adverse action shall be sent
to the remaining assistance group members when a fleeing felon or a sanctioned
individual is removed during the certification period as described in rule
5101:6-2-04
of the Administrative Code.
(5) No
assistance group's benefit allotment shall be increased as a result of the
exclusion of a member who has committed an intentional program violation, has a
fleeing felon disqualification or is sanctioned.
(B) How is the eligibility and benefit level
determined for an assistance group that contains a member who has a SSN
disqualification, is an ineligible able-bodied adult without dependents or is
an ineligible alien as described in rule
5101:4-3-07
of the Administrative Code?
(1) The resources
of the ineligible member shall continue to count in their entirety to the
remaining assistance group members.
(2) A pro rata share of the ineligible
member's income shall be counted as income to the remaining members. This pro
rata share is calculated as follows:
(a)
Subtract the allowable exclusions from the ineligible member's
income;
(b) Divide the income
evenly among the assistance group members (including the ineligible member);
and
(c) Count all but the
ineligible member's share as income for the remaining assistance group
members.
(3) The county
agency shall not include the resources and income of an ineligible alien's
sponsor and the sponsor's spouse.
(4) The twenty per cent earned income
deduction shall apply to the prorated income earned by the ineligible member
which
that is
attributed to the remaining assistance group members.
(5) The portion of the assistance group's
allowable child support payment, shelter and dependent care expenses
which
that
are either paid by or billed to the ineligible members shall be divided
evenly among the assistance group's members including the ineligible members.
All but the ineligible members' share is counted as a deductible child support
payment, shelter or dependent care expense for the remaining assistance group
members. When the assistance group is eligible for one of the utility
allowances the utility allowance shall not be prorated.
(6) The ineligible members shall not be
included when determining the assistance group's size to:
(a) Assign benefit level to the assistance
group;
(b) Compare the assistance
group's monthly income with the income eligibility standards; or
(c) Apply the standard deduction.
(7) A notice of adverse action
shall be sent to the remaining assistance group members when a member described
in paragraph (B) of this rule is removed during the certification period as
described in rule
5101:6-2-04
of the Administrative Code.
(C) How is the eligibility and benefit level
determined for an assistance group that contains a member who is sanctioned
under rule
5101:4-3-09
of the Administrative Code?
(1) The resources
of the ineligible member shall continue to count in their entirety.
(2) A pro rata share of the ineligible
member's income shall be counted as income to the remaining members. This pro
rata share is calculated as follows:
(a)
Subtract the allowable exclusions from the ineligible member's
income;
(b) Divide the income
evenly among the assistance group members (including the ineligible members);
and
(c) Count all but the
ineligible member's share as income for the remaining assistance group
members.
(3) The twenty
per cent earned income deduction shall apply to the prorated income earned by
such ineligible members
which
that is attributed to the remaining assistance group
members.
(4) The portion of the
assistance group's allowable child support payment, shelter and dependent care
expenses
which
that
are either paid by or billed to the ineligible members shall be divided
evenly among the assistance group's members including the ineligible members.
All but the ineligible member's share is counted as a deductible child support
payment, shelter or dependent care expense for the remaining assistance group
members. When the assistance group is eligible for one of the utility
allowances the utility allowance shall not be prorated.
(5) The ineligible members shall not be
included when determining the assistance group's size to:
(a) Assign a benefit level to the assistance
group;
(b) Compare the assistance
group's monthly income with the income eligibility standards; or
(c) Apply the standard deduction.
(6) No assistance group's benefit
allotment shall be increased as a result of the exclusion of one or more
assistance group members as described in rule
5101:4-6-16
of the Administrative Code.
(7) A
notice of adverse action shall be sent to the remaining assistance group
members when a member as described in paragraph (C) of this rule is removed
during the certification period as described in rule
5101:6-2-04
of the Administrative Code.
Notes
Ohio Admin. Code
5101:4-6-13
Effective:
11/1/2021
Five Year Review (FYR) Dates:
7/8/2021 and
11/01/2026
Promulgated
Under:
111.15
Statutory Authority:
5101.54
Rule Amplifies:
329.04,
329.042,
5101.54
Prior Effective Dates: 06/02/1980, 12/01/1980, 04/01/1981,
10/01/1981, 09/27/1982, 08/01/1983, 09/24/1983 (Temp.), 11/11/1983, 10/01/1986,
01/16/1987 (Emer.), 04/06/1987, 01/01/1991, 08/01/1992 (Emer.), 10/30/1992,
09/01/1994, 09/22/1996 (Emer.), 12/21/1996, 01/01/1997 (Emer.), 03/23/1997,
04/01/1997 (Emer.), 06/06/1997, 07/01/1997 (Emer.), 08/14/1997, 09/03/1997
(Emer.), 10/24/1997, 02/01/1999, 06/01/2001 (Emer.), 08/27/2001, 12/01/2005,
03/01/2011, 04/01/2016, 04/01/2020