5101:1-23-60 Ohio works first: underpayments.

 

 

 

5101:1-23-60               OWF: underpayments.

 

 

 

(A)  An "underpayment" is either:

 

(1)   OWF received by or for an assistance group which is less than the amount that the assistance group was eligible to receive; or

 

(2)   The failure to issue OWF to an eligible assistance group. This includes a denial or termination of OWF.

 

(B)  Determination of underpayments

 

(1)  An underpayment is issued from:

 

(a)   The date of the change, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code are met; or

 

(b)     The date that the CDHSCDJFS becomes aware of the change, if the reporting responsibilities as set forth in rule 5101:1-2-20 of the Administrative Code are not met.

 

(2)    An underpayment shall be issued for not more than twelve months prior to whichever of the situations in paragraph (B)(1) of this rule occurred first:

 

(C)  Calculation and issuance of underpayments

 

(1)   The amount of the underpayment is the difference between the amount of OWF which an assistance group was eligible to receive for a particular period of time and the lesser amount which the assistance group actually received for that same period of time.

 

(2)   In calculating the underpayment amount for situations involving the untimely processing of income, the CDHSCDJFS shall use the actual income received by the assistance group, provided all of the documentation is available to the CDHSCDJFS. If all of the documentation is not available, the CDHSCDJFS shall follow the provisions as set forth in rule 5101:1-2-20 of the Administrative Code.

 

(3)     In situations where the error does not involve the untimely processing of income, the CDHSCDJFS shall use the converted income already established for the month(s).

 

 

 

 

(4)    When there is earned income, the appropriate deductions (i.e., earned income disregard, child care costs) are allowed in order to compute the amount of an underpayment.

(5)   Underpayments of less than ten dollars are not subject to the minimum payment provisions as set forth in rule 5101:1-23-40 of the Administrative Code.

(6)    An auxiliary payment shall be issued (unless the assistance group declines the benefits in order to avoid using time-limited months) regardless of whether the assistance group is in receipt of OWF.

Effective:                                07/01/2003

R.C. 119.032 review dates:    04/14/2003 and 07/01/2008

CERTIFIED ELECTRONICALLY

Certification

06/19/2003

Date

Promulgated Under:   119.03

Statutory Authority:   5107.05

Rule Amplifies:           5107.05

Prior Effective Dates: 7/1/83, 11/1/84 (emer.),

1/31/85, 4/1/86, 4/1/88

(emer.), 6/10/88, 5/1/91, 10/1/95, 1/1/96, 5/1/97,

7/1/98, 1/1/99, 10/01/99