Ohio Admin. Code 5101:4-8-23 - Food assistance: claims retention rates and accounting procedures
A retention rate is the amount of incentive the county agency can keep from the overpayment collection. The rates are as follows:
The county agency shall not retain any of the amount by which the original allotment was reduced because of removing the intentional program violation individual from the assistance group. The county agency may retain the corresponding portion of the collected overpayment amount.
When an inadvertent household error and agency error occurred
but it cannot be determined which months are from the agency error and which
months are an inadvertent household error, the claim shall be classified as an
agency error and the county agency shall not retain any portion of the
collection. When the county (rev.
8/2001.)
When an overpayment is a result of an inadvertent household error and agency error with the same month, the claim is considered an agency error and the county agency may not retain any amount from the overpayment.
The county agency shall retain twenty per cent of the collection (except expungements) on an inadvertent household error claim. The county agency shall retain twenty per cent of the amounts recovered on a claim being handled as an inadvertent household error claim pending a determination by an administrative disqualification hearing officer or a court of appropriate jurisdiction that an intentional program violation was committed, or receipt of either a signed waiver or consent agreement. Once the determination or signed document is obtained, the county agency may recover from the state an additional fifteen per cent incentive on collections made before the change in claim status. The county agency shall update the statewide automated eligibility system when there is a change in claim status. The county agency shall revise the JFS 07424 when the status of a claim is changed from inadvertent household error to intentional program violation.
At a minimum, the accounting system shall document the following for each claim:
The county agency shall deposit all cash collections reported
into its public assistance fund. The county's
Notes
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, 08/01/1983, 09/24/1983 (Temp.), 11/11/1983, 04/01/1984 (Temp.), 06/01/1984, 05/03/1985 (Emer.), 08/01/1985, 10/01/1988 (Emer.), 11/18/1988, 07/11/1989 (Emer.), 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, 09/01/1994, 08/01/1995, 12/01/1995, 05/01/1996, 09/22/1996 (Emer.), 10/01/1996, 10/01/1996 (Emer.), 11/22/1996, 01/01/1997 (Emer.), 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, 03/23/2006, 12/01/2009, 08/01/2015
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