Ohio Code 5107.76 – Recovering erroneous payments
As used in this section, “erroneous payments” means payments of cash assistance made under Ohio works first 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 county department of job and family services.
Terms Used In Ohio Code 5107.76
- Adult: means an individual who is not a minor child. See Ohio Code 5107.02
- Assistance group: means a group of individuals treated as a unit for purposes of determining eligibility for and the amount of assistance provided under Ohio works first. See Ohio Code 5107.02
- Fraud: Intentional deception resulting in injury to another.
- Minor child: means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen and is a full-time student in a secondary school or in the equivalent level of vocational or technical training. See Ohio Code 5107.02
- Minor head of household: means a minor child who is either of the following:
(1) Is married, pregnant, and a member of an assistance group that does not include an adult;
(2) Is married and is a parent of a child included in the same assistance group that does not include an adult. See Ohio Code 5107.02
- Ohio works first: means the program established by this chapter known as temporary assistance for needy families in Title IV-A. See Ohio Code 5107.02
Except as provided in rules adopted under section 5107.05 of the Revised Code, each county department of job and family services shall take action to recover erroneous payments. Action may include reducing payments of cash assistance made under Ohio works first to assistance groups that receive erroneous payments or instituting a civil action. If a minor child was a member of an assistance group that received an erroneous payment but becomes a member of a new assistance group that does not include a minor head of household or adult who also was a member of the previous assistance group, a county department shall not take action against the new assistance group to recover the erroneous payment the previous assistance group received.
Each county department of job and family services shall retain fifty per cent of the nonfederal share of the erroneous payments it, prior to October 1, 1996, determines occurred under this section, regardless of when recovery is made. The department of job and family services shall receive the remaining fifty per cent of the nonfederal share of those payments. Each county department shall retain twenty-five per cent of erroneous payments it, on or after October 1, 1996, determines occurred and recovers and the department shall receive the remaining seventy-five per cent.