Ohio Admin. Code 5101:1-23-75 - Ohio works first and prevention, retention and contingency: assistance group ineligibility due to receipt of fraudulent assistance
In accordance with section 5101.83 of the Revised Code, "fraudulent assistance" means assistance and services, including cash assistance provided under the Ohio works first (OWF) program established under Chapter 5107. of the Revised Code, or benefits and services provided under the prevention, retention and contingency (PRC) program established under Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intentional violation of the program's requirements. Fraudulent assistance does not include assistance or services paid to or on behalf of an assistance group that is provided as a result of an error that is the fault of the county department of job and family services (CDJFS) or the Ohio department of job and family services (ODJFS).
When a county agency director determines that an assistance
group has received fraudulent assistance in accordance with the provisions
described in paragraph (A) of this rule, the assistance group is ineligible to
participate in the OWF program or the PRC program until a member of the
assistance group repays the cost of the fraudulent assistance. Ineligibility as
a result of one of the conditions described in paragraphs (B)(2)(a) to
(B)(2)(d) of this rule begins not later than the first day of the second month
following the issuance of the notice of disqualification for intentional
program violation (i.e., the issuance of the JFS 04062, "Notice of
Disqualification for Intentional Program Violation")
When the assistance group members are ineligible in accordance with the provisions described in paragraph (C) of this rule, the caretaker(s) and the child(ren) remain ineligible until the fraudulent payment is repaid. When the child(ren) subsequently cease to reside with the ineligible caretaker(s), the ineligibility period ceases for the child(ren).
When a member of the assistance group repays the cost of the fraudulent assistance, and the assistance group otherwise meets the eligibility requirements for the OWF or the PRC program, the assistance group shall not be denied the opportunity to participate in the program. The beginning date of aid for assistance group members ineligible due to this provision who reapply to participate in OWF can be as early as the date on which the cost of the fraudulent assistance is repaid in full, provided that an application for assistance is submitted and all other eligibility requirements are met as of that date.
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5101.83, 5107.76
Prior Effective Dates: 09/01/1994, 10/01/1996, 07/01/1998, 09/01/1998, 09/29/1998, 05/01/2000, 07/01/2003, 03/01/2007, 02/01/2012, 05/01/2017
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