5101:4-2-01 Food assistance: initial application process.

 

 

 

TO BE RESCINDED

 

5101:4-2-01                 Food stamps: application process.

 

 

 

(A)   The application process begins with a request for food assistance. Upon request, the food stamp office shall supply the applicant with a JFS 07200, "Request for Cash, Food Stamp, and Medical Assistance" (rev. 10/06) which requires the individual making the request to supply his or her name, address and signature. Upon completion of the JFS 07200, the county agency conducts the interactive interview and generates the printed copy of information (PCI) which provides all required rights and responsibilities language necessary for the applicant's acknowledgment above the signature and date line. The JFS 01846, "Case Worksheet- Cash, Food Stamp, and Medical Assistance Interview" (5/05), and the JFS 07501, "Your Rights and Responsibilities" (rev. 5/05) form shall be available if the system is down for an extended period of time or a home visit or a telephone interview is necessary. The JFS 01846 shall be completed by the county agency, reviewed and signed by the applicant along with the JFS 07501. The application process ends with the notification of the assistance group's (AG's) eligibility status. The process involves such actions as:

 

(1)     Making JFS 07200s and JFS 07501s, as appropriate, readily accessible to potentially eligible AGs as well as to anyone else who requests the form.

 

(2)   Assisting an AG in the completion of its JFS 07200.

 

(3)     Providing a means for the applicant to immediately begin the application process with name, address, and signature whether the process be paper or electronic.

 

(4)   Conducting an interactive interview with the primary information person (PIP) who is either a member of the household or an authorized representative for the AG making the application.

 

(5)   Performing necessary collateral contacts and verifications.

 

(6)   Completing the JFS 01846 and/or entering necessary information on the system. Preparing necessary documents to authorize the AG's receipt of and use of food stamp benefits.

 

(B)    This process must be completed promptly. No later than thirty days after the JFS 07200 is filed, the AG must be given an opportunity to participate. Expedited service shall be available to AGs in immediate need. The JFS 07200 shall be used as a screening device to determine potential expedited food stamp eligibility. If the JFS 07200 is filed but the interactive interview or PCI will not be completed or

 

 

signed on the same date, a copy of the JFS 07501 form must be provided to the applicant. If the PCI is later mailed to the AG for review and signature and not returned by the AG, the signed and dated JFS 07200 shall serve as the application. Reference appendix A of this rule.

(C)  Filing the JFS 07200

AGs wishing to participate in the program must file a JFS 07200. In most instances a JFS 07200 must be filed prior to completion of an interactive interview. The National Voter Registration Act of 1993 (NVRA) requires that individuals be given the opportunity to register to vote (or to change their voter registration address) in elections for federal office when applying for or receiving services or assistance at any office in the state that provides public assistance. Under Pub.L.No. 103-31 (5/1993), the legislative history indicates that "public assistance" includes the food stamp program. For the requirements and procedures of NVRA, refer to rule 5101:1-2-15 of the Administrative Code, and section 329.051 of the Revised Code. Also, required forms for NVRA are contained in the cash assistance manual.

(D)  Methods for filing JFS 07200s

AGs must be able to file a JFS 07200 by submitting the form to the county agency in person, through an authorized representative, via fax or electronic transmission, by mail, or by completing an on-line application. Pure supplemental security income (SSI) AGs, in which all members are applicants for or recipients of SSI, may apply at either the social security administration (SSA) district office or the food stamp office by completing a JFS 07200. This would then be followed by an interactive interview and PCI, or completion of a JFS 01846 by the county agency and a JFS 07501 provided if the system is down for extended periods of time. A home visit or telephone interview must be made available. If the PCI is later mailed to the AG for review and signature and not returned by the AG, the signed and dated JFS 07200 shall serve as the application. Reference appendix A of this rule.

Applications signed through the use of electronic signature techniques or applications containing a handwritten signature and then transmitted by fax or other electronic transmission are acceptable.

AGs that complete an on-line electronic application in person at the food stamp office must be given the opportunity to review the information that has been recorded electronically as well as provided with a copy of that information for their records. The date of application must be documented by the county agency.

Individuals scheduled for release from a public institution who are applying for SSI benefits will also be permitted to apply for participation in the food stamp program if the public institution has entered into an agreement with SSA for the prerelease program. See rule 5101:4-6-19 of the Administrative Code.

Prerelease applicants must use the JFS 07200 and JFS 07501 as their vehicle for application. Data from the JFS 07200 must then be entered into the client registry information system enhanced (CRIS-E) so the eligibility determination/benefit calculation (ED/BC) and standard filing unit (SFU) can be determined.

All social security and SSI applicants or recipients must be informed at the SSA office of the availability of benefits under the food stamp program and the availability of an application to participate in the food stamp program.

(E)  When the JFS 07200 can be filed

The time limit for providing benefits is calculated from the date the signed JFS 07200 is filed except when a resident of an institution is applying for SSI and food stamp benefits prior to leaving the institution. The filing date of the JFS 07200 to be recorded by the county agency on such an application is the date of release of the applicant from the institution. Each AG has the right to file a JFS 07200 on the same day it contacts, during office hours, the food stamp office in the project area in which it resides. If an AG contacts the wrong certification office within a project area, either in person or by telephone, the certification office shall, in addition to meeting the requirements noted below, give the AG the address and telephone number of the appropriate office. The certification office shall also offer to forward the AG's JFS 07200 to the appropriate office that same day if the AG has completed enough information on the JFS 07200 to file, or forward it the next day by any means that ensures the JFS 07200 arrives at the office the day it is forwarded. The AG shall be informed that its JFS 07200 will not be considered filed and the processing standards shall not begin until the JFS 07200 is received by the appropriate office. If the AG has mailed its JFS 07200 to the wrong office within the county, the certification office shall mail or fax the JFS 07200 to the appropriate office on the same day or forward it the next day by any means that ensures the JFS 07200 arrives at the office the day it is forwarded.

(F)   Right to same-day filing

AGs shall be advised of their right to file a JFS 07200 on the same day they contact the food stamp office during office hours. The AG shall also be advised that it does not have to be interviewed before filing its JFS 07200 and that it may file an incomplete JFS 07200 as long as the form contains the applicant's name, address, and the signature of either a responsible member of the AG, or the AG's authorized representative, or the PIP if he or she has been designated as the authorized representative. County agencies shall document the date the JFS 07200 was filed by recording the date of receipt at the food stamp office.

County agencies shall encourage AGs to file a JFS 07200 the same day the AG or its representative contacts the food stamp office in person or by telephone and expresses interest in obtaining food stamp assistance or expresses concerns which

indicate food insecurity. To assure that all AGs are advised of their right to file a JFS 07200 on the same day they initially contact the food stamp office, the county agency is strongly encouraged to post signs in the certification office which explain the application processing standards and the right to file a JFS 07200 on the day of initial contact. The county agency may include information about same-day filing in outreach materials and on the JFS 07200. Furthermore, the county agency shall ensure that JFS 07200s are readily accessible to potentially eligible AGs and those groups and organizations involved in outreach efforts. The county agency shall also provide a JFS 07200 to anyone requesting one. These requirements also apply to AGs applying for other assistance.

If the county agency attempts to discourage AGs from applying for cash assistance, it shall make clear that the disadvantages and requirements for applying for cash assistance do not apply to the food stamp program. In addition, it shall encourage applicants to continue with their application for food stamp benefits. The county agency shall inform AGs that receiving food stamp benefits will have no bearing on any other program's time limits that may apply to the AG.

(G)  Mailing JFS 07200s to AGs

If an AG contacting the food stamp office by telephone does not wish to come to the appropriate office to file the JFS 07200 that same day and instead prefers receiving a JFS 07200 through the mail, the county agency shall mail a JFS 07200 to the AG on the same day the telephone request is received. If the AG has mailed or electronically submitted its JFS 07200 to the wrong office within a project area, the certification office shall mail the JFS 07200 to the appropriate office on the same day or forward it the next day by any means that ensures the JFS 07200 arrives at the office the day it is forwarded.

A JFS 07200 shall also be mailed on the same day a written request for food assistance is received.

(H)  Notice of required verification

The county agency shall provide each AG at the time of application for certification and application for recertification with a notice that informs the AG of the verification requirements the AG must meet as part of the application process. The notice shall also inform the AG of the county agency's responsibility to assist the AG in obtaining required verification provided the AG is cooperating with the county agency as specified in rule 5101:4-2-07 of the Administrative Code. The notice shall be written in clear and simple language and shall, if necessary, meet the bilingual requirements designated in paragraphs (B)(2) and (B)(3) of rule 5101:4-1-05 of the Administrative Code. At a minimum, the notice shall contain examples of the types of documents the AG should provide and explain the period of time the documents should cover.

(I)  Voluntary withdrawal of JFS 07200s

The AG may voluntarily withdraw its JFS 07200 at any time before the county agency determines it to be eligible. "Voluntary withdrawal" means the AG, on its own initiative, has contacted the local food stamp office, either orally or in writing, and requested that its JFS 07200 not be processed any further. The county agency shall document in the case file the reason for withdrawal, if given, and that contact was made with the AG to confirm the withdrawal. The county agency shall advise the AG of its right to reapply at any time subsequent to a withdrawal and shall notify the AG via a CRIS-E generated notice of the denial of benefits due to voluntary withdrawal.

(J)   Jointly processed cases

To facilitate participation in the program, the county agency shall notify AGs in which members are applying for other types of assistance that they may file a separate application for food stamp benefits independent of their application for benefits for any other program. All food stamp applications, regardless of whether they are joint applications or separate applications, must be processed in accordance with food stamp procedural timelines standards, notice requirements, and fair hearing requirements specified in Chapters 5101:4-2, 5101:4-5, 5101:4-6, and 5101:6-2 of the Administrative Code. No AG shall have its food stamp benefits denied solely on the basis that its application to participate in another program has been denied or its benefits under another program have been terminated without a separate determination that the AG failed to satisfy a food stamp eligibility requirement.

AGs that file a joint application for food stamp benefits and another program and are denied benefits for the other program shall not be required to resubmit another application for food stamp benefits but shall have its food stamp eligibility determined in accordance with the food stamp processing time frames from the date the joint application was initially accepted by the county agency.

(K)  Transferring food stamp benefits at the time of public assistance (PA) application

When an AG that is receiving nonassistance food stamp (NA/FS) benefits applies for Ohio works first (OWF) or disability financial assistance (DFA)/disability medical assistance (DMA) and corresponding public assistance food stamp (PA/FS) benefits, food stamp benefits shall continue without interruption, regardless of whether the AG is assigned a new caseworker and/or case number. The following procedure assures no interruption in benefits to such AGs, and shall be followed in lieu of termination of NA/FS benefits prior to receipt of PA/FS benefits. At the same time, county agencies shall ensure against duplicate participation.

(1)   At the time of the OWF or DFA/DMA application, the AG shall also complete the JFS 07200 or interactive interview for food stamp benefits, even though the AG is continuing to receive NA/FS benefits.

(2)   When DFA/DMA or OWF is approved, a new eligibility notice is provided to the AG which contains notification of the new benefit allotment and certification period.

(3)    When PA/FS benefits begin, NA/FS benefits are terminated to coincide. No adverse action notice (or notice of expiration) is needed, since the AG waived adverse action rights with the PA/FS JFS 07200. The PA/FS certification overrides the NA/FS certification.

If OWF or DFA/DMA is denied, a CRIS-E generated denial notice is provided to the AG, which informs the AG that PA/FS benefits are denied, but that NA/FS benefits will continue. NA/FS benefits continue with no interruption and without requiring a new JFS 07200 to be submitted by the AG.

(L)  Screening for expedited service

The county agency's application procedures shall be designed to identify AGs eligible for expedited service at the time AGs request assistance. For example, a receptionist, volunteer, or other employee shall be responsible for screening JFS 07200s as they are received or screening individuals as they come in to request food assistance. Questions on the JFS 07200 will help screen for expedited service. The following AGs shall receive expedited service:

(1)   AGs with zero net monthly income and liquid resources of one hundred dollars or less;

(2)   AGs with less than one hundred fifty dollars in monthly gross income and liquid resources of one hundred dollars or less;

(3)      Migrant or seasonal farmworker AGs who are destitute and have liquid resources of one hundred dollars or less; and

(4)    Eligible AGs whose combined monthly gross income and liquid resources are less than the AG's monthly rent or mortgage, and utilities.

Effective:                                                     03/01/2011

R.C. 119.032 review dates:                         11/22/2010

CERTIFIED ELECTRONICALLY

Certification

02/03/2011

Date

Promulgated Under:                           111.15

Statutory Authority:                           5101.54

Rule Amplifies:                                  329.04, 329.042, 5101.54

Prior Effective Dates:                         6/20/80, 12/1/80, 6/18/81, 2/12/82, 6/17/83, 8/16/85

(Emer), 11/1/85 (Emer), 1/1/86, 1/16/87 (Emer), 4/6/87, 10/29/87 (Emer), 1/1/88 (Emer), 2/26/88,

3/24/88 (Emer), 6/18/88, 1/5/90 (Emer), 3/22/90,

2/3/92, 7/1/92, 8/1/92 (Emer), 10/30/92, 7/1/94, 8/1/95 (Emer), 10/13/95, 9/22/96 (Emer), 12/21/96, 5/2/98, 7/15/99, 6/1/01 (Emer), 8/27/01, 3/01/02 (Emer),

5/13/02, 5/2/05, 7/1/06, 10/2/08