Ohio Administrative Code (Last Updated: January 12, 2021) |
5101:1 Division of Public Assistance |
Chapter5101:1-23. Income |
5101:1-23-70.1. Ohio works first: overpayments of aid to dependent children/ temporary assistance for needy families cash assistance and/or Ohio works first that occurred prior to July 1, 1998
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(A) How are aid to dependent children (ADC)/temporary assistance for needy families(TANF) cash assistance and/or Ohio works first (OWF) overpayments collected that occurred and were discovered prior to July 1, 1998?
ADC/TANF cash assistance and/or OWF overpayments that occurred and were discovered prior to July 1, 1998, are subject to the provisions set forth in appendix A of this rule. Appendix A of this rule contains the Administrative Code rules that set forth the provisions regarding ADC overpayment identification, computation and collection that existed prior to July 1, 1998.
(B) Are agency caused overpayments that occurred prior to October 1, 1997 required to be collected?
The county agency has the option of whether to collect agency caused overpayments that occurred prior to October 1, 1997, and that are discovered on or after July 1, 1998. If the county agency chooses not to collect the overpayment, the debt will remain and can be collected at any time by following the process outlined in rule 5101:1-23-70 of the Administrative Code. Failure to repay erroneous payments as a result of an agency error does not result in ineligibility of OWF.
(C) How are ADC/TANF cash assistance and/or OWF erroneous payments collected that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998?
ADC/TANF cash assistance and/or OWF erroneous payments that occurred prior to July 1, 1998, but were discovered on or after July 1, 1998, shall be recovered in accordance with the provisions set forth in rule 5101:1-23-70 of the Administrative Code.
Effective:
5/1/2019
Five Year Review (FYR) Dates:
12/27/2018 and
05/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 5107.05
Rule
Amplifies: 5107.05 ,
5107.76
Prior
Effective Dates: 07/01/1983, 07/11/1983, 11/11/1983, 07/15/1984, 10/01/1984
(Emer.), 12/27/1984, 01/01/1985 (Emer.), 04/01/1985, 04/01/1986, 11/01/1986,
10/01/1987, 04/01/1988 (Emer.), 06/10/1988, 06/30/1988, 07/01/1988 (Emer.),
09/25/1988, 05/01/1991 (Emer.), 07/11/1991, 09/01/1993, 09/01/1994, 06/11/1995,
10/01/1996 (Emer.), 12/15/1996, 05/01/1997, 12/30/1997, 07/01/1998 (Emer.),
09/29/1998, 10/01/1999, 12/01/2003, 07/01/2008,
01/01/2014