(A)What are Ohioworks first (OWF) payments and how are they calculated?
(1)OWF paymentsare payments made to an assistance group which represent the difference betweenthe countable income and the appropriate OWF payment standard.
(2)An assistancegroup's countable income is determined by the appropriate calculation asdescribed in rules 5101:1-23-20, 5101:1-23-20.1 and 5101:1-23-20.2 of theAdministrative Code.
(3)Payments arecalculated based on a thirty-day month.
(a)When anassistance group is eligible for a certain level of assistance on the first dayof the month, the assistance group remains eligible for at least that level ofassistance for the entire month.
(b)A change incirc*mstances during the month does not reduce the level of assistance for which that theassistance group is eligible for that month, with the exception of thefollowing provisions:
(i)OWF cannot beprovided for a minor child, parent or specified relative who, without goodcause, has been, or is expected to be, absent from the home for a period ofmore than forty-five consecutive days. The period of ineligibility begins withthe forty-sixth day from the date that the member left the household, unlessthe provision described in division (E)(1) of section 5107.10 of the RevisedCode is met.
A parent(s) or specified relative who fails to report that theabsence of a child will exceed or has exceeded forty-five consecutive days asdescribed in rule 5101:1-3-04 of the Administrative Code is also ineligible fora specified period of time. The beginning date of ineligibility shall be thesame day determined as the beginning day of ineligibility for the absent child.The ineligibility continues until the day that the absence was reported by the parent(s)or specified relative or was discovered by the county agency.
(ii)A child whowas eligible for, and receiving OWF benefits on the first of the month, and whois removed from the assistance group during the month and placed in IV-E fostercare, is not eligible to receive both OWF and IV-E foster care in that month,unless the provision described in division (E)(1) of section 5107.10 of theRevised Code is met.
(B)How is thebeginning date of OWF eligibility determined?
(1)OWF eligibilityshall not begin prior to the date of application.
(2)When all OWFeligibility factors have been verified and the verifications indicate that allOWF eligibility factors were met prior to the date of verification, OWFeligibility begins on the date all eligibility factors were met.
(3)When all OWFeligibility factors have been verified and the verifications do not indicatethe date on which thatall OWF eligibility factors were met, OWF eligibility begins on the date alleligibility factors were verified.
(4)Certainverified eligibility factors have special considerations that apply whendetermining if the eligibility factor has been met. As an eligibility factor:
(a)Pregnancy ismet:
(i)When it ismedically verified that the woman is at least in hersixth month of pregnancypregnant; and
(ii)If born, thechild would otherwise be eligible for OWF.
(b)The socialsecurity number requirement is met when the applicant provides or applies for asocial security number.
(c)For newborns,the social security number requirement is met on the child's date of birth whenthe social security number is applied for but no later than the first day ofthe second month following birth or following the mother's discharge from thehospital.
(d)For a teenparent who is required to enroll in school as a condition of OWF, theenrollment requirement is met on the date the individual enrolls in school.
(C)What happenswhen an individual is added to an existing OWF assistance group?
(1)An individualis considered to be a part of the assistance group as of the date thatindividual becomes a required assistance group member as described in rule5101:1-23-10 of the Administrative Code and meets all eligibility requirementsas described in this rule.
(2)When anindividual is being added to the OWF case and all other eligibility factors aremet, the beginning date of OWF is:
(a)The date theindividual enters the home, when the reporting responsibilities as described inrule 5101:1-2-20 of the Administrative Code are met; or
(b)The date thechange was reported to the county agency or the date the county agency becomesaware of the change, if the reporting responsibilities as described in rule5101:1-2-20 of the Administrative Code are not met.
(c)For newbornsbeing added to the OWF case, the beginning date of OWF is the date of birth,provided the reporting responsibilities are met.
(d)For specifiedrelatives in need to be added to the OWF case, the beginning date of OWF is thedate that assistance is requested.
(3)The countyagency shall determine eligibility for the assistance group using theindividual's needs and income from the date that the individual is a requiredassistance group member, or in the case of the specified relative in need, thedate that the assistance is requested and all other eligibility factors aremet.
(4)OWF can only beauthorized for the period of time in which that all eligibility factors have been met. Forpurposes of determining the beginning date of OWF, enumeration and childsupport assignment may be deemed to be met retroactive to the date theindividual was a required assistance group member. The deeming of theseeligibility requirements are only allowed when:
(a)Theindividual's presence in the home is reported to the county agency on a timelybasis as described in rule 5101:1-2-20 of the Administrative Code; and
(b)The assistancegroup cooperates with the county agency in satisfying all required eligibilityfactors.
(5)When theassistance group fails to meet these conditions, the county agency shall notdeem that enumeration and child support assignment requirements have been met.
(6)When the countyagency receives verification from a hospital indicating that a child has beenborn, the county agency shall follow the provisions described in paragraph (C)(2)of this rule.
(D)What isconcurrent receipt of assistance?
(1)Concurrentreceipt of assistance is the receipt of OWF assistance by an assistance groupunder more than one public assistance grant in the same month. The receipt ofpublic assistance, from two or more different states, for the same time periodalso constitutes concurrent receipt of assistance.
(2)An assistancegroup member shall not be eligible to receive or have his or her needs coveredby OWF in more than one assistance group or more than one county in any givenmonth. The exception to this provision is the removal of a child by a publicchildren services agency, as described in section 5107.10 of the Revised Code.In these situations, OWF could be authorized for up to six payment months forthe following assistance groups:
(a)The OWFassistance group where the child(ren) was removed from and an OWF assistancegroup where the child(ren) is placed; or
(b)The OWFassistance group where the child(ren) was removed from and a Title IV-E fostercare assistance group where the child(ren) is placed.
(3)An individualwhose needs are met by the supplemental security income (SSI) program shall notbe eligible to have his needs included in an OWF assistance group concurrently.
(4)An assistancegroup member is not ineligible for inclusion in a new assistance group solelybecause that member's needs are still included in a former assistance group.The county agency must determine at what point the assistance group memberbecame ineligible for inclusion in the first assistance group. The countyagency shall then determine eligibility and authorize assistance for the newassistance group. The fact that the assistance group member's needs have notbeen removed from the former assistance group shall not preclude eligibility ordelay the beginning date of OWF for the new assistance group.
(5)When theassistance group is receiving or is believed to be receiving cash assistancefrom another state, the county agency shall determine at what point theassistance group became ineligible for cash assistance in the former stateprior to approving OWF.
(E)What happenswhen an assistance group is eligible to receive less than ten dollars?
OWF shall not be authorized when the amount an assistance groupis eligible to receive is at least one dollar but less than ten dollars permonth.
(F)When arepayments prorated and do time limits apply to a prorated month of benefits?
(1)The countyagency shall prorate the OWF payment when an assistance group has eligibilityfor less than a full month's grant. Retroactive benefits may be authorized asthe result of a hearing decision or court order or if OWF was erroneouslydenied, terminated, or delayed and corrective action is being taken.
(2)Supportservices (e.g., transportation) and learning, earning and parenting (LEAP)program's allowances are never prorated.
(3)Time limits, asdescribed in rule 5101:1-23-01 of the Administrative Code are applicable forany prorated or retroactive OWF payment. The assistance group has the option todecline a prorated month of benefits.
(G) How is the OWFpayment delivered?
Subject to the limitations provided in 42 U.S.C. 608 (10/2012)OWF payments are delivered unconditionally to the parent, specified relative,legal custodian or legal guardian, except as described in paragraph (I) of thisrule.
(1)The benefit isdelivered only to the assistance group or protective payee. When the child isliving with a parent, specified relative, custodian or legal guardian, thebenefit shall be paid to that individual, unless there is a protective payeedesignated to receive payment as described in paragraph (I) of this rule.
(2)For two-parentassistance groups, the payee will be decided by the assistance group and shouldbe paid to the parent who will act in the best interest of the family.
(3)In an emergencysituation whichthatdeprives an eligible dependent child of care from the parent, specifiedrelative, custodian or legal guardian, that individual may designate anotherperson to act as the protective payee during the emergency period, if thatperson is willing to be designated. If the individual is not capable of makinga choice, the county agency shall designate a protective payee.
(4)The emergencyperiod must not exceed a maximum of two consecutive months following the monththe emergency occurred. If the parent, specified relative, custodian or legalguardian will not resume care of the child within that period, or it appearsdoubtful, alternative plans for the child's care must be completed within thatperiod of time.
(H)Who can bedesignated as a protective payee and why?
(1)A protectivepayee is a representative of the assistance group who is responsible forreceiving and managing the payment on behalf of the assistance group.
(2)Situations inwhich it is appropriate to have a protective payee include:
(a)An assistancegroup where a member is serving a permanent disqualification penalty due to anintentional program violation under the former aid to families with dependentchildren program.
(b)The assistancegroup with a minor parent or pregnant minor, as described in section 5107.24 ofthe Revised Code. The protective payment continues until the minor marries,turns eighteen years of age, or the adult parent, specified relative, custodianor legal guardian cannot or will not continue as the protective payee.Protective payments are not required for a minor residing in anadult-supervised supportive living arrangement as described in section 5107.24of the Revised Code.
(c)The assistancegroup has a money mismangement mismanagement situation which that means a demonstrated inability to manage funds. Adetermination of mismanagement shall not be made solely on the fact that billsare not paid in a timely manner. The following are examples of moneymismanagement situations and are not all inclusive:
(i)Paymentsreceived by the parent, specified relative, custodian or legal guardian havenot been or are not currently used in the best interest of the child.
(ii)The parent,specified relative, custodian or legal guardian has misused funds to the extentthat allowing that individual to manage the OWF grant is a threat to the healthand safety of the child(ren).
(3)The selectionof the protective payee shall be made by the assistance group or the countyagency with participation and consent from the assistance group. The protectivepayee may be a relative or friend of the assistance group, an agency providingprotective services or a member of the assistance group. If no protective payeecan be located, the disqualified member or minor parent can continue to receivethe benefits in their name.
The following individuals are excluded from serving as aprotective payee:
(a)A county agencydirector;
(b)The eligibilitydeterminer for the assistance group;
(c)Any countyagency employee responsible for any fiscal aspects of the assistance group;
(d)A county agencyspecial investigative or resource staff;
(e)Landlords,grocers, or any other vendor of goods or services dealing directly with theassistance group.
Effective: 10/1/2023
Five Year Review (FYR) Dates: 5/1/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 09/18/2023
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 01/01/1974, 01/01/1975, 11/01/1976,12/31/1977, 10/01/1978, 10/26/1978, 12/01/1978, 05/01/1979, 09/21/1979,12/01/1981, 05/01/1982, 07/01/1983, 07/11/1983, 11/01/1983 (Temp.), 11/11/1983,01/01/1984, 06/01/1984, 06/01/1984 (Temp.), 07/01/1984, 07/15/1984, 07/15/1984(Temp.), 10/01/1984, 10/01/1984 (Temp.), 10/02/1984 (Emer.), 12/27/1984,01/01/1985 (Emer.), 04/01/1985, 07/01/1985 (Emer.), 09/29/1985, 04/01/1986,08/01/1986 (Emer.), 10/03/1986, 01/01/1988, 04/01/1988 (Emer.), 06/10/1988,09/01/1988 (Emer.), 11/03/1988, 04/01/1989 (Emer.), 04/24/1989, 07/01/1990,10/01/1990, 05/01/1991, 10/01/1991 (Emer.), 12/20/1991, 05/01/1992, 05/01/1993,09/01/1993, 09/01/1994, 05/01/1995, 08/01/1995 (Emer.), 10/30/1995, 01/01/1996,10/01/1996 (Emer.), 12/15/1996, 05/01/1997, 10/01/1997 (Emer.), 12/30/1997,07/01/1998, 10/01/1999, 07/07/2001, 03/01/2002, 08/29/2003 (Emer.), 11/01/2003,07/01/2007, 05/01/2010, 10/01/2016, 05/01/2021, 02/01/2022
