2006 Ohio Revised Code - 5107.10. Time-limited cash assistance under self-sufficiency contract; assistance group eligibility.

§ 5107.10. Time-limited cash assistance under self-sufficiency contract; assistance group eligibility.
 

(A)  As used in this section: 

(1) "Countable income," "gross earned income," and "gross unearned income" have the meanings established in rules adopted under section 5107.05 of the Revised Code. 

(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code, except that references to a person's family in the definition shall be deemed to be references to the person's assistance group. 

(3) "Gross income" means gross earned income and gross unearned income. 

(4) "Initial eligibility threshold" means the higher of the following: 

(a) Fifty per cent of the federal poverty guidelines; 

(b) The gross income maximum for initial eligibility for Ohio works first as that maximum was set by division (D)(1)(a) of this section on the day before the effective date of this amendment. 

(5) "Strike" means continuous concerted action in failing to report to duty; willful absence from one's position; or stoppage of work in whole from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in wages, hours, terms, and other conditions of employment. "Strike" does not include a stoppage of work by employees in good faith because of dangerous or unhealthful working conditions at the place of employment that are abnormal to the place of employment. 

(B)  Under the Ohio works first program, an assistance group shall receive, except as otherwise provided by this chapter, time-limited cash assistance. In the case of an assistance group that includes a minor head of household or adult, assistance shall be provided in accordance with the self-sufficiency contract entered into under section 5107.14 of the Revised Code. 

(C)  To be eligible to participate in Ohio works first, an assistance group must meet all of the following requirements: 

(1) The assistance group, except as provided in division (E) of this section, must include at least one of the following: 

(a) A minor child who, except as provided in section 5107.24 of the Revised Code, resides with a parent, or specified relative caring for the child, or, to the extent permitted by Title IV-A and federal regulations adopted until Title IV-A, resides with a guardian or custodian caring for the child; 

(b) A parent residing with and caring for the parent's minor child who receives supplemental security income under Title XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, or federal, state, or local adoption assistance; 

(c) A specified relative residing with and caring for a minor child who is related to the specified relative in a manner that makes the specified relative a specified relative and receives supplemental security income or federal, state, or local foster care or adoption assistance; 

(d) A woman at least six months pregnant. 

(2) The assistance group must meet the income requirements established by division (D) of this section. 

(3) No member of the assistance group may be involved in a strike. 

(4) The assistance group must satisfy the requirements for Ohio works first established by this chapter and sections 5101.58, 5101.59, and 5101.83 of the Revised Code. 

(5) The assistance group must meet requirements for Ohio works first established by rules adopted under section 5107.05 of the Revised Code. 

(D) (1)  Except as provided in division (D)(4) of this section, to determine whether an assistance group is initially eligible to participate in Ohio works first, a county department of job and family services shall do the following: 

(a) Determine whether the assistance group's gross income exceeds the:Å         
 
             Size of                                    Gross
         Assistance Group                              Income
                   1                                        $ 423
                   2                                        $ 537
                   3                                        $ 630
                   4                                        $ 750
                   5                                        $ 858
                   6                                        $ 942
                   7                                       $1,038
                   8                                       $1,139
                   9                                       $1,241
                  10                                       $1,343
                  11                                       $1,440
                  12                                       $1,542
                  13                                       $1,643
                  14                                       $1,742
                  15                                       $1,844
 

initial eligibility threshold. In making this determination, the county department shall disregard amounts that federal statutes or regulations and sections 5101.17 and 5117.10 of the Revised Code require be disregarded. The assistance group is ineligible to participate in Ohio works first if the assistance group's gross income, less the amounts disregarded, exceeds initial eligibility threshold. 

(b) If the assistance group's gross income, less the amounts disregarded pursuant to division (D)(1)(a) of this section, does not exceed the initial eligibility threshold, determine whether the assistance group's countable income is less than the payment standard. The assistance group is ineligible to participate in Ohio works first if the assistance group's countable income equals or exceeds the payment standard. 

(2) For the purpose of determining whether an assistance group meets the income requirement established by division (D)(1)(a) of this section, the annual revision that the United States department of health and human services makes to the federal poverty guidelines shall go into effect on the first day of July of the year for which the revision is made. 

(3) To determine whether an assistance group participating in Ohio works first continues to be eligible to participate, a county department of job and family services shall determine whether the assistance group's countable income continues to be less than the payment standard. In making this determination, the county department shall disregard the first two hundred fifty dollars and fifty per cent of the remainder of the assistance group's gross earned income. No amounts shall be disregarded from the assistance group's gross unearned income. The assistance group ceases to be eligible to participate in Ohio works first if its countable income, less the amounts disregarded, equals or exceeds the payment standard. 

(4) If an assistance group reapplies to participate in Ohio works first not more than four months after ceasing to participate, a county department of job and family services shall use the income requirement established by division (D)(3) of this section to determine eligibility for resumed participation rather than the income requirement established by division (D)(1) of this section. 

(E) (1)  An assistance group may continue to participate in Ohio works first even though a public children services agency removes the assistance group's minor children from the assistance group's home due to abuse, neglect, or dependency if the agency does both of the following: 

(a) Notifies the county department of job and family services at the time the agency removes the children that it believes the children will be able to return to the assistance group within six months; 

(b) Informs the county department at the end of each of the first five months after the agency removes the children that the parent, guardian, custodian, or specified relative of the children is cooperating with the case plans prepared for the children under section 2151.412 [2151.41.2] of the Revised Code and that the agency is making reasonable efforts to return the children to the assistance group. 

(2) An assistance group may continue to participate in Ohio works first pursuant to division (E)(1) of this section for not more than six payment months. This division does not affect the eligibility of an assistance group that includes a woman at least six months pregnant. 
 

HISTORY: 147 v H 408 (Eff 10-1-97); 148 v H 283 (Eff 9-29-99); 148 v H 471 (Eff 7-1-2000); 149 v H 94. Eff 9-5-2001; 151 v H 66, § 101.01, eff. 9-29-05.
 

Å So in enrolled bill, 151 v H 66. 
 

The effective date is set by § 612.03 of 151 v H 66. 

Not analogous to former RC § 5107.10 (GC § 1359-33a; 117 v 500; 119 v 663; Bureau of Code Revision, 10-1-53; 127 v 1036; 131 v 1235; 132 v H 142; 141 v H 428), amended and renumbered RC § 5107.72 in 147 v H 408, § 2, eff 10-1-97.

The effective date is set by section 204 of HB 94. 

 

Effect of Amendments

151 v H 66, effective September 29, 2005, inserted (A)(2) and (4) and redesignated the remaining subdivisions accordingly; and rewrote (D).