5101:4-6-27 Food assistance: shelters for battered women and their children.

 

 

 

5101:4-6-27                 Food stamps: Shelters shelters for battered women and their children.

 

 

 

(A)   "Shelters for battered women and children" are defined as public or private nonprofit residential facilities that serve battered women and their children. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and their children, in order for the residents to participate in the food stamp program. Note: Federal federal regulations expressly prohibit men from qualifying under these provisions.

 

(B)  Determination of shelter eligibility

 

Prior to certifying its residents for participation, the county agency shall determine that the shelter for battered women and their children meets the definition in paragraph (A) of this rule and shall document the basis of this determination. However, the county agency is not required to make any further determination if the shelter has been authorized by FNS to use food stamp benefits at wholesalers. Shelters having food and nutrition service (FNS) authorization to redeem at wholesalers shall be considered as meeting the definition and the county agency is not required to make any further determination. These shelters shall be considered as meeting the definition, but this must also be documented. The county agency is required to shall maintain a list of shelters meeting the definition in order to facilitate prompt certification of eligible residents.

 

(C)  Individual AG assistance group (AG) units

 

Residents of shelters for battered women and their children shall be certified as individual (parent/child) AG units, rather than considered as part of a single AG consisting of all shelter residents.

 

(D)  Shelter residents leaving participating AGs

 

Many shelter residents have recently left a household containing the person who has abused them. Their former AG may be certified for participating participation in the program, and its certification may be based on an AG size that includes the woman women and her children who have just left. Shelter residents who are included in such certified AGs may nevertheless apply for and (if otherwise eligible) participate in the program as separate AGs if the certified AG that includes them contains the person who subjected them to abuse. Shelter residents who are included in such certified AGs may receive an additional allotment as a separate AG only once a month. Individuals leaving a certified AG not containing the person who subjected them to abuse are capable of retaining their share of the AG's food stamp benefits for the month in which they were included in the certified AG. Therefore, duplicate participation in the same month is limited to those shelter residents who were actually forced to leave their prior place of residence because of the presence of the person who abused them. County agencies must take prompt

 

 

action to ensure that the former AG's eligibility or allotment reflects the change in the AG's composition. Such action must include acting on the reported change in accordance with rule 5101:4-7-01 of the Administrative Code as well as issuing a notice of adverse action in accordance with division-level designation 5101:6 of the Administrative Code. In situations where two or more counties share one shelter, it is the responsibility of the county agency accepting the application to report the change in circumstances to the former county of residence. The former county of residence shall then take prompt action to ensure that the former AG's eligibility or benefit amount reflects the change.

(E)  Income, resources, and expenses of shelter residents

Shelter residents who apply as separate AGs shall be certified solely on the basis of their income and resources and the expenses for which they are responsible. They shall be certified without regard to the income, resources, and expenses of their former AG. Jointly held resources shall be considered inaccessible in accordance with rule 5101:4-4-07 of the Administrative Code. Room payments to the shelter shall be considered as shelter expenses.

(F)   Expedited service for shelter residents

Any shelter resident residents eligible for expedited service shall be handled in accordance with paragraph (B) of rule 5101:4-6-09 of the Administrative Code.

(G)  Use or redemption of food stamp benefits by shelter residents

Residents of shelters for battered women and their children may use their benfits benefits to purchase meals prepared especially for them at a shelter which:

(1)   Is authorized by FNS to use benefits at through wholesalers; or,;

(2)    Use benefits at retailers as the authorized representative of the residents its participating AGs.

(H)  Shelter as a retail food store

FNS shall authorize as retail food stores those shelters for battered women and their children wishing to use benefits directly through wholesalers. The shelter must meet the following requirements.

(1)   The shelter must be tax exempt as determined by the internal revenue service.

(2)   A shelter which also serves other groups of individuals must have a portion of

the facility set aside on a long-term basis to shelter battered women and their children.

(3)    The shelter must be a residence which serves meals or provides food to its residents.

Effective:                                                     02/03/2006

R.C. 119.032 review dates:                         11/01/2005 and 02/01/2011

CERTIFIED ELECTRONICALLY

Certification

01/25/2006

Date

Promulgated Under:                           111.15

Statutory Authority:                           5101.54

Rule Amplifies:                                  329.04, 329.042, 5101.54

Prior Effective Dates:                         7/1/82, 12/31/84 (Emer.), 4/1/85, 7/11/89 (Emer.),

9/17/89, 5/1/97, 2/1/99, 6/1/01 (Emer.), 8/27/01