The county agency is to calculate
claims, make collections, and disqualify assistance group members based on the
date of overpayment, date of discovery, and the supplemental nutrition
assistance program (SNAP) regulations in effect at the time of the
overpayment.
(A)
How is the claim amount calculated for non-trafficking
claims?
(1)
A
county agency is to calculate a claim according to the following
timeframes:
(a)
Except as provided in paragraph (E) of this rule,
inadvertent household error claims are to be calculated back to at least twelve
months prior to when it became aware of the overpayment; the county agency is
not to include any amounts occurring more than six years before it became aware
of the overpayment.
(b)
Except as provided in paragraph (F) of this rule,
agency error claims are to be calculated back twelve months prior to when it
became aware of the overpayment.
(c)
Except as
provided in paragraph (D) of this rule, intentional program violation claims
are to be calculated back to the month the act of the intentional program
violation first occurred; the county agency is not to include any amount
occurring more than six years before it became aware of the
overpayment.
(2)
To calculate a claim, the county agency is to:
(a)
Determine the
correct amount of benefits the applicant should have received for each month.
Do not apply the earned income deduction to any earned income the assistance
group failed to report in a timely manner. When the agency failed to act on
reported earned income apply the earned income deduction.
(b)
Subtract the
amount of the benefit the applicant should have received from the benefit
amount actually received. This is the amount of the overpayment. When the
overpayment equals zero or is negative dispose of the claim
referral.
(c)
Reduce the overpayment amount when there are any
expunged benefits from the assistance group's electronic benefit transfer
account. The county agency is to document any reduction of an overpayment claim
by use of expunged benefits via the statewide automated eligibility system. The
difference from the amount of the expunged benefits and the overpayment amount
is the amount of the claim.
(B)
How is the claim
amount calculated for trafficking claims?
Claims arising from trafficking-related
offenses are to be the value of the trafficked benefits as determined
by:
(1)
The individual's admission;
(3)
The documentation that forms the basis for the
trafficking determination.
(C)
How are
intentional program violation claims processed?
When an assistance group member is
found to have committed an intentional program violation, the county agency is
to disqualify that individual and initiate collection action against the
remaining adult assistance group members.
For intentional program violation
claims, the amount of SNAP benefits collected is to be the greater of twenty
per cent or twenty dollars per month of the assistance group's monthly
entitlement, before disqualification of the assistance group member found to
have committed the intentional program violation.
(D)
When should a
claim resulting from an intentional program violation by intentionally failing
to report a change begin?
When the assistance group member is
determined to have committed the intentional program violation by intentionally
failing to report a change in the assistance group's circumstances, the first
month affected by the assistance group's failure to report is to be the first
month in which the change would have been made effective had it been reported
timely. When calculating the claim amount, the county agency is
to:
(1)
Allow the maximum reporting allowance of ten days following
the end of the month in which the change first occured plus the maximum
allowance for notice of adverse action of fifteen days. Therefore, for purposes
of claim calculation, a change cannot be effective sooner than twenty-five days
from the date the change occured.
(2)
Calculate claims
back to at least twelve months prior to when the county agency became aware of
the over pyament in accordance with paragraph (A)(1)(c) of this rule, and not
include any amounts occuring more than six years before the date of
discovery.
(3)
Prior to the determination of an intentional program
violation or the signing of either a waiver of right to a disqualification
hearing or a disqualification consent agreement in cases of deferred
adjudication, the claim against the assistance group is to be handled as an
inadvertent household error claim.
(E)
When should a
claim resulting from an inadvertent household error for failing to report a
change timely begin?
When due to a misunderstanding or
inadvertent error on the part of the assistance group, the assistance group
failed to report a change in its circumstances within ten days following the
end of the month in which the change first occurred, the first month affected
by the assistance group's failure to report is to be the first month in which
the change would have been effective had it been reported timely. When
calculating the claim amount, the county agency is to:
(1)
Allow the maximum
reporting allowance of ten days following the end of the month in which the
change first occured plus the maximum allowance for notice of adverse action of
fifteen days. Therefore, for the purposes of claim calculation, a change cannot
be effective sooner than twenty-five days from the date the change
occured.
(2)
Calculate claims back to at least twelve months prior
to when the county agency became aware of the overpayment in accordance with
paragraph (A)(1)(a) of this rule, and not include any amounts occuring more
than six years before the date of discovery.
(F)
When should a
claim resulting from an agency error for failing to act timely on a reported
change begin?
When the assistance group timely
reported a change, but the county agency did not timely act on the change, the
first month affected by the county's failure to act is to be the first month
the county agency should have made the change effective. Therefore, when a
notice of adverse action was required but was not provided, the county agency
is to assume that the maximum advance notice period of fifteen days would have
expired without the assistance group requesting a fair hearing. In accordance
with paragraph (A)(1)(b) of this rule, claims are to be calculated back twelve
months prior to when the county agency became aware of the
overpayment.
(G)
When are claims to be offset?
After calculating the amount of the
claim, the county agency is to offset the amount of the claim (even when the
claim is one hundred twenty-five dollars or less) against any amount of lost
benefits that have not yet been restored to the assistance group.
The county agency is not to offset
against retroactive or initial benefits in accordance with paragraph (G) of
rule
5101:4-8-03
of the Administrative Code. The county agency is to then initiate collection
action for the remaining balance. When the county agency did not complete a JFS
07424, "Report of Claim Determination/Lost Benefits" because the claim was one
hundred twenty- five dollars or less, at the time the offset action is taken,
the county agency is to complete the JFS 07424 so documentation exists as to
why the lost benefit amount was reduced.
(H)
What is the
disqualification period for intentional program violations?
Individuals found to have committed an
intentional program violation either through an administrative disqualification
hearing, a federal, state, or local court, or who have signed either a waiver
of right to an administrative disqualification hearing, or a disqualification
consent agreement in cases referred for prosecution, is to be ineligible to
participate in the program as follows:
(1)
For a period of
twelve months upon the first offense of any intentional program violation,
except as provided in paragraphs (I) to (L) of this rule.
(2)
For a period of
twenty-four months upon the second offense of any intentional program
violation, except as provided in paragraphs (I) to (L) of this
rule.
(3)
Permanently upon the third offense of any intentional
program violation.
(4)
The disqualification period for non-participants at the
time of the administrative disqualification or court decision is to take
precedence in accordance with division 5101:6 of the Administrative
Code.
(I)
What is the disqualification period for controlled
substance violations?
Individuals found by a federal, state,
or local court to have used or received SNAP benefits in a transaction
involving the sale of a controlled substance (as defined in section 102 of the
Controlled Substances Act (
21
U.S.C. 802 )), (12/2014) is to be ineligible
to participate in the program as follows:
(1)
For a period of
twenty-four months upon the first offense of such a violation.
(2)
Permanently upon
the second offense of such a violation.
(J)
What is the
disqualification period for violations involving firearms, ammunition, or
explosives?
Individuals found by a federal, state,
or local court to have used or received SNAP benefits in a transaction
involving the sale of firearms, ammunition, or explosives is to be permanently
ineligible to participate in the program upon the first offense of such
violation.
(K)
What is the disqualification period for violations
involving trafficking SNAP benefits of five hundred dollars or more?
(1)
An individual is
to be permanently disqualified when convicted by a federal, state, or local
court of trafficking SNAP benefits for an aggregate amount of five hundred
dollars or more.
(2)
For purposes of this rule "trafficking" is defined as
fraudulently using, transferring, altering, acquiring or possessing SNAP
benefits or presenting SNAP benefits for payment or redemption knowing the same
to have been fraudulently obtained or transferred for cash or consideration
other than eligible food. "Acquiring SNAP benefits" does not include providing
false information as part of the certification, recertification, or reporting
changes processes.
(L)
What is the
disqualification period for violations involving the receipt of multiple
benefits?
An individual is to be ineligible to
participate in the SNAP program for a ten-year period when the individual is
found, through an administrative disqualification hearing, a federal, state, or
local court, or who has signed either a waiver of right to administrative
disqualification hearing or a disqualification consent agreement in cases
referred for prosecution, of having made a fraudulent statement or
representation with respect to the identity or place of residence of the
individual in order to receive multiple benefits simultaneously under the SNAP
program.
Replaces: 5101:4-8-17
Notes
Ohio Admin. Code
5101:4-8-17
Effective:
5/1/2021
Five Year Review (FYR) Dates:
05/01/2026
Promulgated
Under:
111.15
Statutory Authority:
5101.54
Rule Amplifies:
329.04,
329.042,
5101.54
Prior Effective Dates: 06/02/1980, 06/20/1980, 10/01/1981,
06/02/1982, 08/15/1982, 09/27/1982, 01/01/1983, 06/10/1983, 08/01/1983,
09/24/1983 (Temp.), 11/11/1983, 04/01/1984 (Temp.), 06/01/1984, 08/01/1984
(Emer.), 10/20/1984, 12/31/1984 (Emer.), 04/01/1985, 05/03/1985 (Emer.),
08/01/1985, 08/20/1986 (Emer.), 11/15/1986, 03/24/1988 (Emer.), 06/18/1988,
10/01/1988 (Emer.), 11/18/1988, 04/01/1989, 05/01/1989 (Emer.), 07/11/1989
(Emer.), 07/17/1989, 09/17/1989, 01/05/1990 (Emer.), 05/22/1990, 10/01/1990,
10/01/1991, 02/03/1992, 08/01/1992 (Emer.), 10/30/1992, 06/01/1994, 07/01/1994,
09/01/1994, 07/01/1995, 08/01/1995, 12/01/1995, 05/01/1996, 09/22/1996 (Emer.),
10/01/1996 (Emer.), 11/22/1996, 11/22/1996 (Emer.), 01/01/1997 (Emer.),
02/07/1997, 03/01/1997, 03/23/1997, 10/01/1997, 02/01/1998 (Emer.), 02/23/1998,
08/01/1998, 05/01/1999, 07/15/1999, 08/01/2001 (Emer.), 08/11/2001, 09/01/2004,
12/01/2009, 08/01/2015