(A) What
requirements must a shelter for battered persons and their children meet for
residents to be eligible for supplemental nutrition assistance program (SNAP)?
The shelter must:
(1)
Be a public or private non-profit residential facility;
(2) Serve battered persons and their
children; and
(3) When the facility
serves other individuals, a portion of the facility must be set aside on a
long-term basis to serve only battered persons and their children.
(B) What are the county agency's
responsibilities prior to determining eligibility of an individual in a
shelter?
(1) The county agency shall confirm
and document that the shelter meets the requirements described in paragraph (A)
of this rule.
(2) Shelters already
authorized by the United States department of agriculture (USDA) food and
nutrition service (FNS) as retailers shall be considered as meeting the
definition and the county agency is not required to make any further
determination.
(3) The county
agency shall maintain a list of shelters meeting the definition.
(C) Can individuals residing in a
shelter for battered persons and children be certified as separate SNAP groups?
Residents shall be certified as individual assistance groups
rather than considered as part of a single assistance group consisting of all
shelter residents.
(D) Can
an individual that is currently on an open SNAP case be certified as a new
assistance group when he or she becomes a resident of a shelter?
When an individual becomes a resident of a shelter and applies
for SNAP, the county agency shall:
(1)
When determining eligibility, verify whether the individual's open SNAP case
was certified with or without the abuser.
(a)
Certified with the abuser: shelter residents who are included in already
certified assistance groups may still apply and,
if
when otherwise
eligible, participate in the program and be certified as separate assistance
groups
if
when they were previously certified with the
individual who subjected them to abuse.
(b) Certified without the abuser: individuals
leaving a certified assistance group not containing the person who subjected
them to abuse are not allowed to be certified in two assistance groups at one
time. They should get their share of the benefits from the current assistance
group. Duplicate participation is limited to those shelter residents who were
forced to leave their prior place of residence because of the person who abused
them.
(2) Take prompt
action to ensure that the former assistance group's eligibility or allotment
reflects the change in the assistance group's composition in accordance with
rule
5101:4-7-01 of the
Administrative Code.
(3) Issue a
notice of adverse action in accordance with division 5101:6 of the
Administrative Code.
(4) In
situations where two or more counties share one shelter, the county agency
accepting the application from the individual shall take action in accordance
with rule
5101:4-7-01.1 of the
Administrative Code, when necessary.
(E) How are income, resources, and expenses
of shelter residents treated?
Shelter residents who apply as separate assistance groups shall
be certified solely on the basis of their income, resources and expenses for
which they are responsible. They shall be certified without regard to the
income, resources, and expenses of their former assistance group. Jointly held
resources shall be considered inaccessible in accordance with rule
5101:4-4-07 of the
Administrative Code. Room payments to the shelter shall be considered as
shelter expenses.
(F) Can
shelter residents receive expedited service?
Shelter residents are entitled to expedited service when they
meet the criteria set forth in rule
5101:4-6-09 of the
Administrative Code.
(G)
Can a shelter redeem SNAP benefits?
Under the USDA FNS regulations, the only way a shelter can
redeem benefits is when the shelter is classified as a retail food store. To
become an authorized SNAP retailer the shelter must:
(1) Be tax exempt as determined by the
internal revenue service;
(2) Have
a portion of the facility set aside on a long-term basis to shelter battered
persons and their children
if
when they serve other groups of individuals;
(3) Be a residence
which
that serves
meals or provides food to its residents; and
(4) Contact USDA FNS to apply to become a
retailer. The shelter authorized by USDA FNS as a retail food store may be
penalized or disqualified when it is determined administratively or judicially
that benefits were misappropriated or used for purchases that did not
contribute to a certified assistance group's meals.
Notes
Ohio Admin. Code 5101:4-6-27
Effective:
4/1/2021
Five Year Review (FYR) Dates:
1/5/2021 and
04/01/2026
Promulgated
Under: 111.15
Statutory
Authority: 5101.54
Rule
Amplifies: 329.04,
329.042,
5101.54
Prior
Effective Dates: 07/01/1982, 12/31/1984 (Emer.), 04/01/1985, 07/11/1989
(Emer.), 09/17/1989, 05/01/1997, 02/01/1999, 06/01/2001 (Emer.), 08/27/2001,
02/04/2006, 03/01/2011, 02/01/2016
