Ohio Admin. Code 5101:4-7-13 - Food assistance: reducing, suspending, or cancelling food assistance benefits
This rule sets forth the procedures to be followed
if
food assistance
Actions to
comply with section 18 of the Food and Nutrition Act of 2008, may be a
suspension or cancellation of allotments for one or more months, a reduction in
allotment levels for one or more months or a combination of these three
actions. If a reduction in allotments is deemed necessary, allotments shall be
reduced by reducing maximum food assistance allotment amounts for each
assistance group size by the same percentage.
The provisions in this rule are applicable to all three of the
above cost-saving measures. Also, once these provisions are put into effect,
they supersede and override other analogous
Reductions, suspensions, and cancellations of allotments shall be considered to be federal adjustments to allotments. As such, state and county agencies shall notify assistance groups of reductions, suspensions, and cancellations of allotments in accordance with the notice provisions of rule 5101:4-7-03 of the Administrative Code, except that county agencies shall not provide individual notices of adverse action to assistance groups affected by reductions, suspensions, or cancellations of allotments.
Any assistance group that has its allotment reduced, suspended,
or cancelled as a result of an order issued by food and nutrition service (FNS)
may request a fair hearing if
The Ohio department of job and family services (ODJFS) shall not be required to hold fair hearings unless the request for a fair hearing is based on an assistance group's belief that its benefit level was computed incorrectly under these rules or that the rules were misapplied or misinterpreted. ODJFS shall be allowed to deny fair hearings to those assistance groups who are merely disputing the fact a reduction, suspension, or cancellation was ordered.
Since the reduction, suspension, or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by congress, assistance groups do not have a right to a continuation of benefits pending the fair hearing.
An assistance group may receive restored benefits in an
appropriate amount if it is determined its benefits were reduced by more than
the amount by which
In months the issuance of benefits has been suspended or cancelled, county agencies shall determine what types of issuance services to make available, where they should be located, and when they should be available. County agencies' determinations should be based on the schedule and volume of issuance in the affected month and on the variables affecting the provision of issuance services.
Determinations of the eligibility of applicant assistance
groups shall not be affected by reductions, suspensions, or cancellations of
allotments. County agencies shall accept and process applications during a
month(s) in which
If
food
assistance
food assistance
food assistance
If
Assistance groups eligible to receive expedited service shall have their cases processed as follows:
Assistance groups eligible for expedited service will be issued reduced benefit amounts and will have their cases processed in accordance with rule 5101:4-6-09 of the Administrative Code.
Those assistance groups eligible to receive expedited service
in months in which
if
Assistance groups eligible to receive expedited service who
apply for program benefits during months in
which
if
The reduction, suspension, or cancellation of allotments in a
given month shall have no effect on the certification periods assigned to
assistance groups. Those participating assistance groups whose certification
periods expire during a month in which
in which
Assistance groups whose allotments are reduced or cancelled as
a result of the enactment of these procedures are not entitled to the
restoration of lost benefits at a future date. However,
if
In the event of a suspension or cancellation, or a reduction exceeding ninety per cent of the affected month's projected issuance, all assistance groups, including one- and two-person assistance groups, shall have their benefits suspended, cancelled, or reduced by the percentage specified by FNS.
Notwithstanding any other provision of this rule, FNS may take one or more of the following actions against a county agency failing to comply with a directive to reduce, suspend, or cancel allotments in a particular month.
If
food assistance
food assistance
Revised allotment tables showing the reduced amounts will be
distributed to county agencies if such tables are available in a timely manner
from FNS. However, if the reduction must be done manually, the procedure
illustrated in paragraph (B)
If
food
assistance
food assistance
if
food assistance
food assistance
food assistance
Except as provided in paragraph (B)
if
(B)
In the event the national reduction in benefits is ninety per
cent of the projected issuance for the affected month, the provision for a
minimum benefit may be disregarded and all assistance groups may have their
benefits lowered by reducing maximum food
assistance
Whenever a reduction of allotments is ordered for a particular
month, reduced benefits shall be calculated for all assistance groups for the
designated month. All requests or waivers to delay
implementation will be denied.
Allotments or portions of allotments representing restored or
retroactive benefits for a prior unaffected month shall not be reduced,
suspended, or cancelled, even if
If
food assistance
In the event of a suspension or cancellation of benefits, the provision for the minimum benefit for assistance groups with one or two members shall be disregarded and all assistance groups shall have their benefits suspended or cancelled.
Upon receiving notification that an upcoming month's issuance is to be suspended or cancelled, county agencies shall take immediate action to effect the suspension or cancellation in the month indicated. No delays will be permitted.
Upon being notified by ODJFS that a suspension of benefits is over, county agencies shall act immediately to resume issuing benefits to certified assistance groups and shall resume benefit issuance as soon as practicable.
If
Notes
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 06/18/1981, 10/01/1981, 05/20/1983, 09/24/1983 (Temp.), 11/11/1983, 02/01/1984, 03/24/1988 (Emer.), 06/18/1988, 10/01/1989 (Emer.), 12/21/1989, 05/01/1991 (Emer.), 06/01/1991, 08/01/1992 (Emer.), 10/30/1992, 05/01/1999, 05/22/2004, 09/01/2009, 06/01/2015
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