5101:1-1-01 Temporary assistance for needy families definitions.

 

 

 

5101:1-1-01                 Temporary assistance for needy families (TANF) definitions.

 

 

The definitions set forth in this rule are contained in federal regulations related to the TANF program. There are also definitions included in this rule that are set forth in the Revised Code.

 

(A)   "Adult" is defined in 45 CFR 260.30 as an individual who is not a minor child, as defined in this rule.

 

(B)  "Assistance" is defined in 45 CFR 260.31 as set forth below:

 

(1)     Assistance includes cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs for food, clothing, shelter, utilities, household goods, personal care items and general incidental items. Except as provided in paragraph (B)(2) of this rule, assistance includes supportive services such as transportation and child care provided to families who are not employed. It includes such benefits even when they are:

 

(a)   Provided in the form of payments by a TANF agency or other agency on its behalf, to individual recipients; and

 

(b)   Conditioned on participation in work experience or community service, or any other activity under 45 CFR 261.30, which defines work activities as: unsubsidized employment, subsidized private-sector employment; subsidized public-sector employment; work experience if sufficient private-sector employment is not available; on-the-job training (OJT); job search and job readiness assistance; community service programs; vocational educational training; job skills training directly related to employment; education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, if a recipient has not completed secondary school or received such a certificate; and providing child care services to an individual who is participating in a community service program.

 

(2)   Assistance excludes:

 

(a)  Nonrecurrent, short-term benefits that:

 

(i)    Are designed to deal with a specific crisis situation or episode of need;

 

(ii)   Are not intended to meet recurrent or ongoing needs; and

 

 

(iii)   Will not extend beyond four months.

(b)   Work subsidies - payments to employers or third parties to help cover the costs of employee wages, benefits, supervision and training;

(c)     Supportive services such as child care and transportation provided to families who are employed;

(d)  Refundable earned income tax credits;

(e)   Contributions to, and distributions from individual development accounts (IDA);

(f)    Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

(g)    Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.

(C)   "Cash assistance", when provided to OWF participants has the meaning set forth in paragraph (B) of this rule and in rule 5101:1-23-01 of the Administrative Code. When cash assistance is provided to participants in the welfare to work (WtW) program, it has the same meaning as WtW cash assistance defined in paragraph (II

)of this rule.

(D)   "Commingled State TANF expenditures" means expenditures of state funds that are made within the TANF program and commingled with federal TANF funds.

(E)   "Custodian" as defined in section 5107.02 of the Revised Code means, an individual who has legal custody, as defined in section 2151.01.1 of the Revised Code, of a minor child or comparable status over a minor child created by a court of competent jurisdiction in another state.

(F)    "Erroneous payment" as defined in section 5107.76 of the Revised Code and rule 5101:1-23-70 of the Administrative Code, means payments of cash assistance under OWF to assistance groups not eligible to receive the assistance, including assistance paid as a result of misrepresentation or fraud and assistance paid due to an error by a member of an assistance group or a CDJFS.

(G)   "Fraudulent assistance" as defined in section 5101.83 of the Revised Code and rule 5101:1-23-75 of the Administrative Code, means assistance and services, including cash assistance provided under OWF established under Chapter 5107. of the Revised Code, or benefits and services provided under PRC as provided in Chapter 5108. of the Revised Code, to or on behalf of an assistance group that is provided as a result of fraud by a member of the assistance group, including an intention violation of the program's requirement. Fraudulent assistance does not include assistance or services to or on behalf of an assistance group that is provided as a result of an error that is the fault of the CDJFS or the ODJFS.

(H)   "Guardian" as defined in section 5107.02 of the Revised Code means, an individual that is granted authority by a probate court pursuant to Chapter 2111. of  the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court's order and subject to residual parental rights of the minor child's parents.

(I)   "Indian", as defined in Section 450b of Title 25 of the United States Code, means a person who is a member of an Indian tribe.

(J)    "Indian country", as defined in Section 1151 of Title 18 of the United States Code, means:

(1)   All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;

(2)     All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and

(3)    All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

(K)    "Indian tribe", as defined in Section 450b of Title 25 of the United States Code, means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; except that the term "Indian tribe" means, with respect to the state of Alaska, only the Metlakatla Indian community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:

(1)   Arctic Slope Native association;

(2)   Kawerak, Inc.;

(3)   Maniilaq association

(4)   Association of village council presidents;

(5)   Tanana chiefs council;

(6)   Cook Inlet tribal council;

(7)   Bristol Bay Native association;

(8)   Aleutian and Pribilof Island association;

(9)   Chugachmuit;

(10)   Tlingit Haida central council;

(11)   Kodiak Area Native association; and

(12)   Copper River Native association.

(L)    "Indian Tribal Organization" or "tribal organization" as defined in Section 405b of Title 25 of the United States Code means, the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be the prerequisite to the letting or making of such contract or grant.

(M)    "Individual Development Account (IDA)" as defined in 45 CFR 263.20 means an account established by or for an individual who is eligible for assistance under the TANF program, to allow the individual to accumulate funds for specific purposes. The funds in an IDA account must be disregarded in determining eligibility for, or the amount of, assistance in any federal means-tested programs.

(N)  "Minor child" as defined in 45 CFR 260.30 means an individual who:

(1)   Has not attained eighteen years of age; or

(2)   Has not attained nineteen years of age and is a full-time student in a secondary school (or the equivalent level of vocational or technical training).

(O)   "Minor head of household" as defined in section 5107.02 of the Revised Code means a minor child who is either of the following:

(1)   AtIs married, at least six months pregnant and a member of an assistance group that does not include an adult; or

(2)   AIs married and is a parent of a child included in the same assistance group that does not include an adult.

(P)   "Ohio Works First (OWF)" as defined in section 5107.02 of the Revised Code means the program established by Section 5107.03 of the Revised Code. OWF is Ohio's temporary assistance for needy families (TANF) program. OWF is a program that provides time-limited cash assistance, as defined in paragraph (B)(1) of this rule, to eligible families.

(Q)    "Payment standard" as defined in section 5107.02 of the Revised Code means the amount specified in rules adopted under section 5107.05 of the Revised Code that is the maximum amount of cash assistance an assistance group may receive under OWF from state and federal funds.

(R)   "Prevention, Retention and Contingency (PRC)" as defined in Revised Code Chapter 5108. means the program established under Chapter 5108. of the Revised Code and funded in part with federal TANF funds to provide non-cash benefits and services, as defined in paragraph (B)(2) of this rule, that individuals need to overcome immediate barriers to achieving or maintaining self sufficiency and personal responsibility.

(S)    "PRWORA" as defined in 45 CFR 260.30 means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or Public Law 104-193.

(T)     "Specified relative" as defined in section 5107.02 of the Revised Code means the following individuals who are age eighteen and older:

(1)   The following individuals related by blood or adoption;

(a)         Grandparents,    including    grandparents    with    the     prefix    "great", "great-great", or "great-great-great";

(b)   Siblings;

(c)     Aunts, uncles, nephews, and nieces, including such relatives with the prefix "great", "great-great", "grand", or "great-grand";

(d)  First cousins and first cousins once removed.

(2)   Stepparents and stepsiblings;

(3)    Spouses and former spouses of individuals named in paragraphs (T)(1) and (T)(2) of this rule.

(U)   "State TANF expenditures" as defined in 45 CFR 260.30 means the expenditure of state funds within the TANF program.

(V)    "TANF" as defined in 45 CFR 260.30 means the temporary assistance for needy families program.

(W)    "TANF Program" as defined in 45 CFR 260.30 means a state program of family assistance operated by an eligible state under its state TANF plan.

(X)    "Title IV-A" as defined in 45 CFR 260.30 means the title and part of the Social Security Act that now includes TANF, but previously included the now obsolete aid to families with dependent children (AFDC) and emergency assistance (EA) programs.

(Y)   "Title IV-A program" as defined in section 5101.80 of the Revised Code means all of the following that are funded in part with funds provided under the TANF block grant:

(1)    The Ohio works first (OWF) program established under Chapter 5107. of the Revised Code;

(2)    The prevention, retention and contingency (PRC) program established under Chapter 5108. of the Revised Code;

(3)   A program established by the general assembly or an executive order issued by the governor that is administered or supervised by the ODJFS; and

(4)   A component of a Title IV-A program identified in paragraphs (Y)(1) to (Y)(3) of this rule, that the Title IV-A state plan identifies as a component.

(Z)  "WtW" as defined in 45 CFR 260.30 means welfare-to-work.

(AA) "WtW cash assistance" as defined in 45 CFR 260.30 and 260.32, is countable toward the sixty-month TANF time limit, only includes benefits that are provided in the form of cash payments, checks, reimbursements, electronic funds transfers, or any other form that can legally be converted to currency, and that:

(1)     Meet the definition of assistance set forth in 45 CFR 260.31 provided in paragraph (B)(1) of this rule; and

(2)   Are directed as basic needs.

(3)    Thus, it includes benefits described in paragraphs (a)(1) and (a)(2) of 45 CFR section 260.31, as provided in paragraph (B)(1) of this rule, except that it excludes supportive services such as transportation and child care provided to families who are not employed.

(BB) "WtW non-cash assistance" means WtW benefits provided to a family that do not meet the definition of WtW cash assistance, as provided in paragraph (B)(2) of this rule. Receipt of WtW non-cash assistance benefits does not count toward the sixty-month TANF time limit. WtW non-cash assistance includes supportive services provided to nonworking families.

Effective:                                08/29/2003

CERTIFIED ELECTRONICALLY

Certification

08/29/2003

Date

Promulgated Under:   119.03

Statutory Authority:   5107.05

Rule Amplifies:           5107.05

Prior Effective Dates: 07/01/2002