(A) What is countable income?
Countable income is earned income minus the twenty per cent
earned income deduction as described in rule
5101:4-4-23 of the
Administrative Code plus any unearned income. Types of excluded income are
listed in rule
5101:4-4-13 of the
Administrative Code.
(B)
What is earned income?
Earned income includes:
(1) All wages and salaries of an employee
including:
(a) Garnished or diverted payments
from wages; and
(b) The gross
amount of sick pay, without any deductions for taxes and other work expenses,
when the payee is a current employee of the payer.
(2) Self-employment income:
(a) Gross income from a self-employment
enterprise.
(b) Income from the
sale of any capital goods or equipment related to the business. Any business
expense paid from this income would be deducted from this income.
(c) Income from rental property minus the
cost of doing business when a member of the assistance group is actively
engaged in management of the property for at least an average of twenty hours
per week.
(d) Payments from a
roomer or boarder, except a boarder for whom foster care, guardianship, or
kinship support payments are received.
(e) Payments for daycare or from the child
and adult care food program to assistance groups providing child care services
minus the cost of meals provided to individuals. The county agency may elect
one of the following methods of determining the cost of meals provided to the
individuals:
(i) Actual documented costs of
meals;
(ii) Fifty per cent of the
gross earnings from day care; or
(iii) The current reimbursement amount used
in the child and adult care food program.
(f) The portion of the child and adult care
food program payments intended for the provider's own children is exempt as
income.
(3) Training
allowances
Training allowances from vocational and rehabilitative programs
sponsored by federal, state, or local governments. Countable earned income does
not include an allowance to reimburse an assistance group member for money
already spent and does not represent a gain to the assistance group
member.
(4) Americorps
volunteers in service to America (VISTA) income
Payments under Title I (VISTA, university year for action,
etc.) of the Domestic Volunteer Service Act of 1973 Pub. L. 43-113 (1973),
shall be considered earned income and subject to the earned income deduction
unless the individual was receiving supplemental nutrition assistance program
(SNAP) or public assistance at the time they joined the Title I program as
described in rule
5101:4-4-13 of the
Administrative Code.
(5) On
the-job-training under WIOA
Earnings to individuals who are participating in on-the-job
training programs under Title I section 129 of WIOA of 2014. Countable income
does not include on-the-job training earnings to assistance group members under
nineteen years of age who are under the parental control of another adult
member, regardless of school attendance and/or enrollment.
(C) What is unearned income?
Unearned income includes:
(1) Basic assistance payments from federal or
federally-aided public assistance programs that are needs-based:
(a) Ohio works first (OWF). This includes
income such as the attendance bonus payment for teenage parents who return to
or remain in school under the learning, earning and parenting (LEAP) program;
and
(b) Supplemental security
income (SSI).
(2)
Annuities, pensions, retirement, veterans' or disability benefits (all before
taxes), workers' or unemployment compensation, retirement, survivors and
disability insurance (RSDI) (before medicare deductions), strike
benefits.
(3)
Foster care payments for children or adults,
guardianship payments for children as defined in rule 5101:4-1-03 of the
Administrative Code, and kinship support payments for children as described in
rule 5101:2-42- 18.2 of the Administrative Code, who are considered members of
the assistance group.
The following payments
are to be counted when the individual is considered a member of the assistance
group:
(a)
Foster care payments for children or adults;
(b)
Guardianship
payments for children as defined in rule
5101:4-1-03 of the
Administrative Code;
(c)
Kinship support payments for children as described in
rule 5101:2-42-18.2 of the
Administrative Code; and
(d)
State kinship guardianship assistance program payments
as described in rule
5101:2-56-01 of the
Administrative Code when the child is not in receipt of OWF.
(4)
State
kinship guardianship assistance program payments as described in rule
5101:2-56-01 of the
Administrative Code when the child is in receipt of OWF.
(5)
Federal kinship
guardianship assistance program payments as described in
42 U.S.C.
673 (1/2018) and
42 U.S.C.
675 (1/2018).
(4)(6)
Support and alimony payments made directly to the assistance group from
nonassistance group members.
(5)(7) Payments from
government sponsored programs, dividends, interest, royalties, and all other direct money
payments from any source that can be defined as a gain or benefit, including
certain vendor payments.
(6)(8) The unearned income
or the earned income of an ineligible individual excluded from the assistance
group as provided in rule
5101:4-6-13 of the
Administrative Code.
(7)
(9) Gross income from rental property minus the cost
of doing business when an assistance group member is not actively engaged in
management of the property at least twenty hours a week.
(8)(10)
Any payment made directly to the assistance group shall be counted as income
except for energy assistance payments specified in rule
5101:4-4-13 of the
Administrative Code. If the payment is not made on a monthly basis, the county
agency shall prorate it over the period it is intended to cover.
(9)(11)
Sick pay when the payee is not a current employee of the payer, such as from
insurance. The gross amount, without any deductions for taxes and any other
work expenses.
(10)(12) Termination or
severance pay is to be counted as income unless the payment is received as a
one time payment that is not intended to cover a period of time. When the
payment is received as a one time payment not intended to cover a period of
time it is treated in accordance with rule
5101:4-4-13 of the
Administrative Code.
(D)
When an assistance group contains a sponsored alien, the income of the sponsor
and the sponsor's spouse must be deemed in accordance with procedures
established in rule
5101:4-6-31 of the
Administrative Code.
(E) After
establishing an assistance group's countable income allowable deductions must
be considered pursuant to rule
5101:4-4-23 of the
Administrative Code.
Notes
Ohio Admin. Code 5101:4-4-19
Effective:
1/1/2023
Five Year Review (FYR) Dates:
4/1/2026
Promulgated Under:
111.15
Statutory
Authority: 5101.54
Rule
Amplifies: 329.04,
329.042,
5101.54,
5101.884
Prior
Effective Dates: 06/02/1980, 12/01/1980, 01/01/1981, 06/18/1981, 10/01/1981,
09/27/1982, 06/01/1983, 07/01/1983 (Temp.), 08/19/1983, 12/25/1983 (Temp.),
03/01/1984, 03/01/1984 (Temp.), 06/01/1984, 12/31/1984 (Emer.), 04/01/1985,
08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 05/01/1986 (Emer.),
08/01/1986 (Emer.), 10/01/1986, 04/10/1987 (Emer.), 06/22/1987, 08/01/1987
(Emer.), 09/15/1987 (Emer.), 10/25/1987, 03/24/1988 (Emer.), 06/18/1988,
07/20/1988 (Emer.), 10/16/1988, 10/01/1989 (Emer.), 12/21/1989, 10/01/1990,
02/03/1992, 08/01/1992 (Emer.), 10/30/1992, 09/01/1994, 01/01/1995, 08/01/1995
(Emer.), 10/13/1995, 02/01/1996, 05/01/1996, 07/01/1996 (Emer.), 08/01/1996,
08/25/1996, 04/01/1997 (Emer.), 06/06/1997, 02/01/1998, 07/01/1998 (Emer.),
09/28/1998, 07/15/1999, 06/01/2001 (Emer.), 08/27/2001, 06/01/2003 (Emer.),
06/16/2003, 06/12/2008, 08/01/2010, 12/01/2011, 10/01/2016,
04/01/2021
