(A) When does the county agency ask the
assistance group about resources?
This rule applies to assistance groups with a member
who:
(1) Is disqualified for an
intentional program violation in accordance with division 5101:6 of the
Administrative Code;
(2)
A member of the assistance group is
Is ineligible because of a failure to comply with
an employment and training requirement
requirements of rules
5101:4-3-11.1
,
and
5101:4-3-19
of the Administrative Code and the
requirements of rule
and 5101:4-3-09 of
the Administrative Code;
or
(3)
In accordance
with rule
5101:4-2-03 of the
Administrative Code, is ineligible because of the following:
(a)
Violating a
condition of probation or parole:
(b)
Fleeing to avoid
prosecution, custody, or confinement; or
(c)
Having a
conviction of certain crimes and are out of compliance with their
sentence.
(3)(4) Has previously been
disqualified due to substantial lottery or gambling winnings and has not
regained eligibility as described in rule
5101:4-6-32 of the
Administrative Code.
When one of the these circumstances exist, the county agency
shall ask the assistance group to provide information regarding resources any
assistance group member (or ineligible alien or disqualified person whose
resources are being considered available to the assistance group) has
transferred within the three-month period immediately preceding the date of
application or recertification. The county agency must determine if the
transfer of resources was appropriate. When it is determined it was an
inappropriate transfer of resources, the assistance group may be disqualified
for supplemental nutrition assistance program (SNAP) benefits.
(B) How does the county
agency determine an inappropriate transfer?
(1) Assistance groups that have transferred
resources for the purpose of qualifying or attempting to qualify for SNAP
benefits shall be disqualified from participation in the program for up to one
year from the date of the discovery of the transfer.
(2) The appropriate disqualification period,
as described in paragraph (D) of this rule, shall be applied when the resources
are transferred knowingly in the three-month period prior to application or
when they are transferred knowingly after the assistance group is determined
eligible for benefits. Example: assets the assistance group acquires after
being certified for benefits that are transferred to prevent the assistance
group from exceeding the maximum resource limit.
(C) When is a resource transferred and
considered an appropriate transfer?
(1)
Resources consisting of excluded personal property such as furniture or money
that, when added to other nonexempt assistance group resources, totaled less
than the allowable resource limit at the time of the transfer;
(2) Resources sold or traded at or near fair
market value;
(3) Resources that
are transferred between members of the same assistance group (including
ineligible aliens or disqualified persons whose resources are being considered
available to the assistance group); and
(4) Resources that are transferred for
reasons other than qualifying or attempting to qualify for SNAP benefits.
Example: a parent placing funds into an educational trust fund for a dependent
child.
(D) How is the
disqualification period determined?
To calculate the total resources for the assistance group,
start with the amount of the nonexempt transferred resources added to the other
countable resources. The amount that exceeds the resource limit is the amount
used to determine the length of the disqualification period:
(1) $ 0.01 - $ 249.99 disqualified for one
month;
(2) $ 250.00 - $ 999.99
disqualified for three months;
(3)
$ 1000.00 - $ 2999.99 disqualified for six months;
(4) $ 3000.00 - $ 4999.99 disqualified for
nine months; and
(5) $ 5000.00 and
up disqualified for twelve months.
(E) How is the assistance group notified of
the disqualification?
(1) After the county
agency has explored, verified and determined that the assistance group has
knowingly transferred resources for the purpose of qualifying or attempting to
qualify for SNAP benefits during the application processing period, the county
agency shall send the assistance group a notice of denial explaining the reason
for and the length of the disqualification. The period of disqualification
shall begin in the month of application.
(2) When the assistance group has been
participating at the time of the discovery of the transfer, a notice of adverse
action explaining the reason for and length of the disqualification shall be
sent. The period of disqualification shall be sent effective with the first
allotment issued after the adverse notice period has expired, unless the
assistance group requested a fair hearing and continued benefits.
Notes
Ohio Admin. Code 5101:4-4-09
Effective:
12/1/2021
Five Year Review (FYR) Dates:
8/9/2021 and
12/01/2026
Promulgated
Under: 111.15
Statutory
Authority: 5101.54
Rule
Amplifies: 329.04,
329.042,
5101.54
Prior
Effective Dates: 06/02/1980, 09/27/1982, 04/10/1987 (Emer.), 06/22/1987,
09/01/1994, 09/28/1998, 10/01/2002 (Emer.), 12/05/2002, 07/01/2006, 10/01/2011,
10/01/2016