Ohio Administrative Code › Title 5101:1 - Division of Public Assistance › Chapter 5101:1-23 - Income › Section 5101:1-23-70 - Ohio works first: erroneous payments

Current through all regulations passed and filed through July 1, 2024
(A)
								What is the
  definition of "erroneous payment?"
Section
	 5107.02 of the Revised Code
	 defines Ohio works first (OWF) as the temporary assistance to needy families
	 (TANF) program established in Title IV-A of the Social Security Act, 49 Stat.
	 620 (1935),
	 42 U.S.C.
	 301 (8/1981). An "erroneous payment" is
	 defined in section 5107.76 of the Revised Code as a
	 payment of cash assistance under OWF to assistance groups not eligible to
	 receive the assistance. The provisions set forth in this rule apply to all
	 erroneous payments made on or after July 1, 1998, under OWF, including payments
	 of cash assistance for support services funded with TANF monies.
An erroneous payment may occur because of any
	 change in an assistance group's situation which decreases the level of
	 assistance for which the assistance group is eligible. Paragraph (J) of this
	 rule sets forth the provisions for calculating the amount of the erroneous
	 payment.
(B)
								How are aid to families with dependent children
  (ADC)/TANF cash assistance and/or OWF overpayments that occurred and were
  discovered prior to July 1, 1998 collected?
All 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 rule
	 5101:1-23-70.1 of the
	 Administrative Code.
(C)
								How are erroneous payments that are discovered on or
  after July 1, 1998 collected?
All cash assistance under the former aid to
	 families with dependent children (ADC) or TANF programs and/or OWF erroneous
	 payments that occurred on or after July 1, 1998, or that occurred prior to July
	 1, 1998, but were discovered on or after July 1, 1998, shall be collected in
	 accordance with the provisions set forth in this rule.
(D)
								How are work
  allowance overpayments that occurred prior to October 1, 1997 collected?
Work allowance overpayments that occurred prior
	 to October 1, 1997 are subject to the provisions set forth in rule
	 5101:1-23-70.2 of the
	 Administrative Code.
(E)
								Are agency-caused
  overpayments that occurred prior to October 1, 1997 and that are discovered on
  or after July 1, 1998 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 recovered in
	 accordance with the provisions set forth in this rule. Failure to repay
	 erroneous payments as a result of an agency error does not result in
	 ineligibility for OWF.
(F) What
  are the responsibilities of the county agency?
(1) Provide the assistance group with
  frequent and complete explanations of program eligibility, the factors that
  cause ineligibility and erroneous payments, and the assistance group's
  responsibility to report changes in income, need, and other circumstances
  affecting eligibility, as set forth in rule
  5101:1-2-20
  of the Administrative Code.
(2)
  Take action to terminate or adjust the OWF payment as soon as
  the county
  agency learns of a change in circumstances which affects the assistance
  group's future eligibility for assistance, in accordance with the hearing
  provisions set forth in division 5101:6 of the Administrative Code.
(3) Take action to recover the erroneous
  payments in accordance with the provisions set forth in this rule and sections
  5107.05 and
  5107.76 of the Revised
  Code.
(4) When the assistance group
  has a change, and the change results in the decrease in or termination of OWF
  cash assistance, the county agency shall issue a notice of adverse action
  within ten days of the date the change was reported or the county agency
  becomes aware of the change, unless one of the exceptions to the notice of
  adverse action in Chapter 5101:6-2 of the Administrative Code
  applies.