Ohio Admin. Code 5101:4-4-19 - Food assistance: countable income

(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