Ohio Admin. Code 5101:1-3-12.1 - Unsubsidized employment
(A)
Conflict with
Revised Code
Which section of the Revised Code
applies to unsubsidized employment?
(1)
Section (5) of Amended Substitute Senate Bill 238 of
the 126th General Assembly (9/2006) sets forth the following provision: Not
later than September 30, 2006, the director of job and family services shall
adopt rules as necessary for the state to comply with 42 U.S.C. 607(i)(2)
(8/1996). If necessary to bring the state into compliance with 42 U.S.C.
607(i)(2) (8/1996), the rules may deviate from Chapter 5107. of the Revised
Code. Rules adopted under this section that govern financial and other
administrative requirements applicable to the department of job and family
services and county departments of job and family services shall be adopted in
accordance with section 111.15 of the Revised Code as if they were internal
management rules. All other rules adopted under this section shall be adopted
in accordance with Chapter 119. of the Revised Code
Section
5107.05 of the
Revised Code authorizes the director of job and family services to adopt rules
as necessary to comply with Title IV-A, Title IVD, federal regulations, state
law and the state plan .
(2)
The county agency shall administer the work activity programs in accordance
with the requirements contained in this rule and not in accordance with
sections
5107.40
,
5107.54,
5107.541
and 5107.60
5107.61
of the Revised Code. All applicable requirements contained in the
Revised Code sections referenced have been incorporated in this rule.
(B) What is unsubsidized
employment?
(1) Unsubsidized employment means
full or part time employment in the private or public sector that is not
subsidized by temporary assistance for needy families (TANF) or any other
public program.
(2) When an
employer received a direct subsidy for hiring a recipient from TANF or other
public funds, that recipient is considered to be in a subsidized public or
private sector employment, not unsubsidized employment.
(3) Recipients whose employers claim a tax
credit for hiring economically disadvantaged workers are considered to be
participating in unsubsidized employment.
(4) Self employment will count as
unsubsidized employment.
(C) What hours of participation in
unsubsidized employment may count toward work participation?
(1) Verified hours of unsubsidized employment
shall count toward work participation. Hours for unsubsidized employment shall
be verified at least once every six months, as described in rule
5101:1-3-12
of the Administrative Code.
(2)
Hours of self employment are determined by dividing the individual's self
employment income (gross receipts less business expenses) by the federal
minimum wage.
(3) Hours of
employment resulting from in-kind or barter income, defined as an exchange of
property or services, shall count toward work participation.
Notes
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 09/29/2006 (Emer.), 12/29/2006, 07/01/2007, 10/01/2008, 02/05/2012, 05/01/2017
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