Ohio Admin. Code 5101:4-3-20.1 - Food assistance: regaining eligibility

This rule describes the process for an able-bodied adult without dependents (ABAWD) to regain eligibility for the supplemental nutrition assistance program (SNAP) after reaching the ABAWD time-limit.

(A) What is the ABAWD time-limit?

In accordance with paragraph (C)(2) of rule 5101:4-3-20 of the Administrative Code, an ABAWD is not eligible to participate in SNAP as a member of any assistance group when he or she has received SNAP benefits for three countable months during any thirty-six month period.

(B) How can an individual who has lost eligibility due to the ABAWD time-limit regain eligibility?

An individual ineligible to participate in SNAP due to the ABAWD time-limit is to regain SNAP eligibility when:

(1) An individual ineligible to participate in SNAP due to the ABAWD timelimit may regain SNAP eligibility when: meets ABAWD exemption criteria as described in paragrah (A) of rule 5101:4-3-20 of the Administrative Code; or

(a) An individual meets ABAWD exemption criteria as described in paragraph (A) of rule 5101:4-3-20 of the Administrative Code; or

(b) The county agency determines that the individual during any thirty consecutive days has:

(i) Engaged in work or a work program for eighty hours;

(ii) Participated in and complied with a SNAP E&T work experience program (WEP) activity for the maximum number of hours permitted by rule 5101:4-3-31 of the Administrative Code;

(iii) Participated in one or more SNAP E&T activities for eighty hours; or

(iv) Participated in a combination of SNAP E&T activities, work or work programs for eighty hours.

(2) When an individual is receiving supportive services as part of a job retention activity described in rule 5101:4-3-39 of the Administrative Code, the hours are not to count toward regaining eligibility The county agency determines that an individual during any thirty consecutive days has engaged in work or a work program as described in rule 5101:4-3-20 of the Administrative Code, for eighty hours.
(C) When does an individual regain eligibility in accordance with this rule?

For individuals regaining eligibility by:

(1) Meeting an ABAWD exemption criteria, on the date of application; or

(2) Participating in a WEP activity and the WEP obligation is based on an estimated monthly allotment prorated back to the date of application, on the date of application; and

(3)(2) For all other individuals, on the day the eighty hours are completed.
(D) Is there a limit on the number of times an ABAWD may regain eligibility?

No, there is no limit on how many times an ABAWD may regain eligibility.

(E) What happens when an ABAWD fails to meet the work requirement after regaining eligibility in accordance with this rule?

Once in a thirty-six month period, an ABAWD may remain eligible for an additional three consecutive months of SNAP eligibility after failing to meet the work requirement. When the county agency determines that an ABAWD who has regained SNAP eligibility in accordance with this rule has subsequently failed to meet the work requirement described in paragraph (B)(2) of rule 5101:4-3-20 of the Administrative Code, the county agency shall determine when the ABAWD has received the additional three consecutive months of benefits in the past thirty-six months.

(1) When the county agency determines that the ABAWD has already received the three consecutive additional months of eligibility, the ABAWD is ineligible.
(2) When the county agency determines that the ABAWD has not yet received the three consecutive additional months of eligibility, the ABAWD is eligible for a period of three consecutive countable months starting on either:
(a) The date the individual first notifies the county agency that he or she is no longer fulfilling the work requirement; or
(b) When the individual has been satisfying the work requirement by participating in a WEP SNAP employment and training (E&T) activity, the date the county agency notifies the individual that he or she is no longer meeting the work requirement.

Notes

Ohio Admin. Code 5101:4-3-20.1
Effective: 10/1/2023
Five Year Review (FYR) Dates: 6/16/2027
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54
Prior Effective Dates: 07/01/2017, 06/16/2022

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