Section 5101:4-3-11 - [Effective 10/1/2024] Screening for exemptions from work requirements(A) Who is exempt from general work requirements? As a condition of eligibility for the supplemental nutrition assistance program (SNAP), every individual that does not meet one of the following exemptions is referred to as a "work registrant" and is subject to the general work requirements as described in rule 5101:4-3-12 of the Administrative Code. A county agency is to utilize the Ohio benefits integrated eligibility system for screening to determine and document the exemption status and work requirement (when applicable) of each individual. An individual is exempt when they are:
(1) A person younger than sixteen years of age.(2) A sixteen- or seventeen-year-old participant who is attending school, enrolled in an employment training program on at least a half-time basis, or who is not the assistance group name.(3) A person sixty years of age or older.(4) A parent or other assistance group member who is responsible for the care of a dependent child under age six or an incapacitated person. When a parent and another member of the assistance group both claim to be responsible for the care of the same dependent child(ren) or incapacitated person, only one member is to be exempt. The responsibility should be determined through a discussion with the applicant.(5) A person receiving unemployment compensation benefits or who has applied for and is complying with the requirements of the unemployment compensation application process.(6) A person determined by the county agency to be physically or mentally unfit for employment either permanently or temporarily. An individual is medically certified as physically or mentally unfit for employment when the individual is:(a) Receiving temporary or permanent disability benefits issued by governmental or private sources; or(b) Obviously mentally or physically unfit for employment as determined by the county agency. Mental or physical unfitness that may be directly or indirectly observed or perceived does not need a medical statement. However, the county agency is to maintain documentation within the case file capable of withstanding a third-party review of what was observed or perceived to support the granting of the exemption. When the unfitness is not obvious, the individual is to provide a statement from any medical personnel, that the individual is physically or mentally unfit for employment. The county agency is to maintain verification within the case file capable of withstanding a third-party review.
(7) Assistance group members who are applying for both supplemental security income (SSI) and SNAP benefits at the local social security office are to have the requirement for work registration waived until:(a) They are determined eligible for SSI and thereby become exempt from work registration; or(b) They are determined ineligible for SSI at which time their exemption from work requirements is to be reevaluated, notwithstanding the requirements of paragraph (C) of this rule.(8) A person who regularly participates in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis.(9) A student enrolled at least half time in any recognized school, training program, or institution of higher education and meets the student eligibility requirements in accordance with rule 5101:4-6-04 of the Administrative Code. A student will remain exempt during normal periods of class attendance, vacation and recess. When the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer) the county agency shall work register the individual, unless the individual qualifies for another exemption.
(10) An assistance group member subject to and complying with any work requirement under the Ohio works first (OWF) program.(11) An employed or self-employed person working a minimum of thirty hours weekly or earning weekly wages at least equal to the federal minimum wage multiplied by thirty hours. This includes migrant and seasonal farm workers under contract or similar agreement with an employer or crew chief to begin employment within thirty days (although this is not to prevent individuals from seeking additional services from the county agency).(B) Who is exempt from the able-bodied adults without dependents (ABAWD) work requirement? In addition to being a work registrant and subject to the general work requirements, every individual who does not meet one of the following exemptions is subject to the ABAWD work requirement described in rule 5101:4-3-13 of the Administrative Code. A county agency is to utilize the Ohio benefits integrated eligibility system to determine and document the exemption status and work requirement (when applicable) of each individual. An individual is exempt when they are:
(1) A person under eighteen or fifty-five years of age or older.(3) A parent (natural, adoptive, or step) of an assistance group member under age eighteen, even when the assistance group member who is under eighteen is not eligible for SNAP.(4) An individual residing with an assistance group member under age eighteen, even when the assistance group member who is under eighteen is not eligible for SNAP.(5) A homeless (i.e., unhoused) individual.(6) A veteran as defined in section 5126(f)(13)(F) of the James M. Inhofe National Defense Authorization Act of 2023, means an individual who served in the United States armed forces (such as army, marine corps, navy, air force, space force, coast guard, and national guard), including an individual who served in a reserve component of the armed forces and who was discharged or released there from, regardless of the conditions of such discharge or release.(7) An individual under the age of twenty-five, and who was in foster care under the responsibility of and who left custody of a public children's services agency after the age of eighteen.(C) What happens when there is a change in exemption status? A county agency is to utilize the Ohio benefits integrated eligibility system to determine and document the exemption status and work requirement (when applicable) of each individual.
(1) When an individual who had been subject to either work requirement becomes exempt due to a change in circumstances, the exemption begins in the month during which the change occurred.(2) When an individual who had been exempt from a work requirement becomes required due to a change in circumstances: (a) For individuals determined to no longer be exempt from the general work requirements, the change will take effect:(i) At the time the change is reported, if the change in circumstance was subject to reporting requirements of rule 5101:4-7-01 of the Administrative Code;(ii) At the assistance group's next recertification, if the change in circumstance was not subject to reporting requirements of rule 5101:4-7-01 of the Administrative Code.(b) For individuals determined to no longer be exempt from the ABAWD work requirement, the change will take effect the month after the month in which the change of circumstance occurred.(D) What information does each individual subject to a work requirement receive? At initial certification, recertification and when a previously exempt assistance group member or new assistance group member becomes subject to a work requirement, the county agency will provide the individual with:
(1) A comprehensive oral explanation of the applicable work requirement(s) pertaining to each individual in the assistance group including: (a) The general work requirements described in rule 5101:4-3-12 of the Administrative Code; and(b) The ABAWD work requirement described in rule 5101:4-3-13 of the Administrative Code.(2) A consolidated work notice issued from the Ohio benefits integrated eligibility system. Replaces: 5101:4-3-11, 5101:4-3-11.1, 5101:4-3-20
Ohio Admin. Code 5101:4-3-11
Effective: 10/1/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 09/01/1976, 12/31/1977, 06/02/1980, 11/01/1980, 12/01/1980, 04/01/1981, 06/18/1981, 10/01/1981, 01/18/1982, 01/22/1982, 05/01/1982, 09/27/1982, 03/01/1983, 06/01/1983, 12/31/1984 (Emer.), 02/01/1985 (Emer.), 04/01/1985, 05/02/1985, 08/01/1985, 08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 01/02/1986 (Emer.), 04/01/1986, 03/01/1987, 04/10/1987 (Emer.), 06/22/1987, 07/01/1987 (Emer.), 09/28/1987, 12/01/1987 (Emer.), 12/24/1987, 01/13/1988 (Emer.), 02/15/1988, 03/24/1988, 03/24/1988 (Emer.), 06/18/1988, 10/01/1988 (Emer.), 11/18/1988, 01/01/1989, 01/01/1989 (Emer.), 03/18/1989, 06/30/1989(Emer.), 09/23/1989, 04/02/1990, 10/01/1990, 11/01/1990, 01/01/1991, 04/01/1991, 10/01/1991(Emer.), 12/02/1991, 02/03/1992, 05/01/1992, 07/01/1992, 08/01/1992 (Emer.), 10/30/1992, 11/01/1992, 09/01/1993, 02/01/1994 (Emer.), 04/15/1994, 08/01/1994, 10/17/1994, 08/01/1995 (Emer.), 10/13/1995, 12/01/1995 (Emer.), 02/19/1996, 05/01/1996, 07/01/1996, 07/01/1996 (Emer.), 09/22/1996 (Emer.), 09/23/1996 (Emer.), 10/01/1996 (Emer.), 11/22/1996 (Emer.), 12/15/1996, 12/21/1996, 01/09/1997, 01/31/1997 (Emer.), 02/01/1997 (Emer.), 04/13/1997, 05/01/1997, 10/01/1997 (Emer.), 12/15/1997, 01/08/1998, 10/01/2001 (Emer.), 10/11/2001, 01/06/2003, 01/01/2004 (Emer.), 02/01/2004, 12/06/2004, 01/01/2006, 12/31/2006, 01/01/2008, 01/01/2009, 10/15/2009, 03/01/2011, 10/01/2013, 08/01/2015, 10/01/2016, 07/01/2017, 11/01/2019, 11/18/2021, 06/16/2022, 10/01/2023