justicedao/ipfs_state_laws huggingface dataset:
461-165-0120 Benefits for an Individual in an Acute Care Hospital (1) In the REF, REFM, and TANF programs, regular monthly benefits continue when an individual enters an acute care hospital. The monthly benefits remain unchanged until the individual returns home or enters some other living arrangement. An authorized representative designated by the individual or as otherwise allowed under OAR 461-115-0090 may be used if necessary. (2) In the GA, OSIP, OSIPM, and QMB programs, an individual may receive benefits in an acute care hospital as long as they meet program eligibility requirements. (3) In the SNAP program, regular monthly benefits continue if the individual will be in their own home 50 percent of the time or more. If the individual will be in an acute care hospital for more than 50 percent of a calendar month, the individual is not eligible for SNAP benefits. Statutory/Other Authority: 411.060, 411.404, 411.816, 412.049, ORS 409.050, 413.085 & 414.685 Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.049 & ORS 409.010 History: SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018 SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0130 Payment of Benefit Out-of-State (1) For all programs except the SNAP and GA programs, the Department sends benefits out of state if a client is absent from Oregon and the client establishes the intent to return within 60 days. (2) If a client is detained out of state beyond 60 days for medical reasons, continued eligibility is determined and the client is required to provide documentation of the need to remain in the other state. (3) For medical benefits, out-of-state medical expenditures must have prior authorization. (4) In the SNAP and GA programs, the Department does not send benefits out of state. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 418.047 History: SSP 13-2009, f. & cert. ef. 7-1-09 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 16-1993, f. & cert. ef. 9-1-93 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0140 Endorsement and Survivorship of Benefits (1) The client or the client's payee must endorse checks issued in payment of a benefit. The endorsement on the check must be the same as the name appearing as payee. (2) The client may endorse a check with a mark or thumbprint if duly witnessed by two people giving their full names and addresses. (3) Benefits issued by EBT (electronic benefit transfer) may be used only with the Oregon Trail debit card and the client's matching personal identification number (PIN). (4) The person with power of attorney may: (a) Act as authorized representative or alternate payee. (b) Endorse and cash the benefit check as in the following example: John Doe (Recipient) by Richard Jones (Power of Attorney) (5) In all programs except the SNAP program, any cash benefit issued to clients before their death is available to their survivors. (a) Checks may be endorsed in the name of the deceased beneficiary by the surviving spouse or next of kin, or by the administrator of their estate. The Department uses the following procedure: (A) Before the next of kin endorses a check, the check must be presented to the branch office. (B) The Department will rubber-stamp the endorsement on the check only if it has been determined that the client died on or after the first day of the period for which the payment was provided. (C) The endorsement must show both the name of the deceased beneficiary and the name of the surviving spouse or next of kin, as well as the relationship of the endorser to the beneficiary. (D) The person who endorses the check receives the proceeds of the benefit. (b) For cash benefits in an EBT account (except for SNAP cash-out benefits), the Department will designate an adult survivor as the alternate payee. The Department will issue the payee an EBT card and PIN to access the balance in the EBT account. (6) In the SNAP program, there is no survivor's right to benefits unless the survivor is independently entitled to benefits as a member of the benefit group. When the survivor is not in the benefit group: (a) The Department will request the return of unnegotiated cash-out checks to the branch. (b) For SNAP benefits that were issued by EBT, if no one remains in the benefit group, the Department will cancel the remaining benefits from the EBT account. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.610, 411.816, 412.049 & 412.151 History: SSP 13-2009, f. & cert. ef. 7-1-09 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0200 Restoring Benefits (1) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than he or she was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible. (2) An individual may receive a supplemental payment if there was a change in the individual’s circumstances that would cause an increase in benefits, if the report of change was made before the first day of the payment month but too late for the Department to adjust the next payment. (3) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following: (a) Failure to take action on information reported to the Department. (b) Use of an incorrect effective date. (c) Denial, closure or reduction of benefits in error. (d) Failure to send the individual a required decision notice (see OAR 461-001-0000) when benefits are closed or reduced. (e) Making a calculation error. (4) An individual is entitled to a restoration of lost benefits if: (a) The restoration results from a final order in a contested case. (b) The Department withheld too much of the individual’s grant in the collection of an overpayment. (c) The restoration results from a court order. (d) After receiving proper notification, the Department failed to cancel the EBT card of an individual leaving a SNAP program household and that individual continues to access the household's SNAP program benefits in subsequent months. (5) Restored benefits are added to the benefits of a currently eligible individual. In the SNAP program, the Department will honor a reasonable request by an individual to restore benefits in monthly installments. (6) An individual who moves from Oregon remains eligible for a restoration of benefits. (7) Restoration of benefits is limited to the extent provided in OAR 461-180-0130. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 329A.500, 413.085 & 414.685 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 329A.500 History: SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 AFS 10-2002, f. & cert. ef. 7-1-02 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0210 Calculating Restored and Supplemental Benefits (1) Supplemental and restorative benefits are calculated and paid as follows: (a) The effective date of the lost benefits is determined. (b) The benefit group (see OAR 461-110-0750) is not eligible for restored benefits in any month that eligibility for the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question. (c) The correct benefits for the months in question are calculated. (d) The amount the benefit group actually received is subtracted from the amount they should have received. (e) The amount of restored benefits is offset against overdue or suspended overpayments. (f) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restorative payment. If the location of that group is unknown, the benefit is paid to the benefit group containing the primary person at the time the loss occurred. (2) In the Supplemental Nutrition Assistance Program (SNAP), when an application for recertification is delayed beyond the first of the month of what would have been the new certification period due to the fault of the Department, causing prorated benefits, benefits lost due to the proration described in OAR 461-115-0450(10)(a) are issued from the date the certification period should have begun had the Department not erred and the individual been able to apply timely. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 7 CFR 273.14(e)(3) History: SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 AFS 10-2002, f. & cert. ef. 7-1-02 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0220 Replacing Lost, Stolen, Destroyed or Undelivered Checks (1) Replacement checks are issued in compliance with ORS 293.475 and this rule. (2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following: (a) The original check was not received. Five postal service working days must pass from the date the original check was issued before a replacement is issued. (b) The original check was received but lost, stolen or destroyed without being endorsed. A replacement check is issued without a waiting period. (c) The original check was endorsed but not cashed before it was lost, stolen or destroyed. A replacement check is issued if: (A) The check was destroyed and remnants of the check are provided to the Department; or (B) The check was endorsed "for deposit only" before it was lost, stolen or destroyed. (3) A dual-payee check is replaced only if: (a) The client completes an affidavit affirming that the unendorsed check has been lost, destroyed or stolen; or (b) The client has endorsed the check and the second party completes an affidavit concerning the lost check. The second party must agree to reimburse the state and not to hold the client responsible if the original check is negotiated. The replacement check is made payable to the second party only. (4) A check may be issued to replace a check that has been processed by the State Treasurer for payment only after the client has provided the Department with the information and documents needed to conduct an investigation into the loss. (5) A replacement check is not issued in either of the following situations: (a) The client cashes a dual-payee check without the second party's signature. (b) A check has been deposited directly to an account specified by the client. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: AFS 10-2002, f. & cert. ef. 7-1-02 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 11-1991, f. 4-30-91, cert. ef. 5-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-170-0010 Reporting Changes — Overview An individual is required to report a change in circumstances in accordance with the reporting system in which the individual participates, OAR 461-170-0011; and (1) For each program in which an individual participates, the Department determines the appropriate reporting system. The Department's reporting systems are Change Reporting System (CRS), Simplified Reporting System (SRS), and Transitional Benefit Alternative (TBA). In addition to any required report form, when an individual is required by this division of rules to report a change in circumstances, the report may be made by telephone, office visit, report form, or other written notice. The report must be made as follows: (a) An individual using CRS must report a change according to OAR 461-170-0011. (b) An individual using SRS must report a change according to OAR 461-170-0011 and 461-170-0102. The Periodic Report form is processed according to OAR 461-170-0011 and 461-170-0101 to 461-170-0104. (c) An individual using TBA is not required to report any change. (2) A change is considered reported effective the date an individual, authorized representative, or ineligible student reports the information to a branch office (see OAR 461-001-0000). (3) In the SNAP program, when multiple changes are reported at the same time, they must be acted on at the time of reporting and have the same effective date. (4) A change reported by an individual, authorized representative, or ineligible student for one program is considered reported for all programs in which that individual participates. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 History: SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022 SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022 SSP 15-2014, f. & cert. ef. 7-1-14 SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11 SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11 SSP 32-2010, f. & cert. ef. 10-1-10 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 SSP 28-2009, f. & cert. ef. 10-1-09 SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09 SSP 16-2005, f. & cert. ef. 12-1-05 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05 SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04 CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04 SSP 23-2003, f. & cert. ef. 10-1-03 SSP 20-2003, f. & cert. ef. 8-15-03 AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98 AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98 AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98 AFS 19-194, f. & cert. ef. 9-1-94 AFS 13-1994, f. & cert. ef. 7-1-94 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 12-1992(Temp), f. & cert. ef. 5-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-170-0101 Simplified Reporting System (SRS); SNAP In the SNAP program: (1) OAR 461-170-0011 and OARs 461-170-0101 to 461-170-0104 establish and explain the Simplified Reporting System (SRS). (2) Except for an ABAWD (see OAR 461-135-0520) who resides in one of the SNAP time limit areas (see OAR 461-135-0520) and who is certified for a four-month period, a filing group (see OAR 461-110-0310 and 461-110-0370) certified to receive SNAP program benefits for less than six months may not participate in SRS. (3) A filing group with a member working under a JOBS Plus agreement may not participate in SRS. (4) The following apply to OARs 461-170-0101 to 461-170-0104: (a) “Complete.” A Periodic Report form is considered “complete” on the date all of the following occur: (A) The individual completely and accurately answers all questions necessary to determine eligibility (see OAR 461-001-0000) and benefit amount. (B) The individual provides all required verification. (C) The Periodic Report form contains the signature of the primary person (see OAR 461-001-0015), responsible person in the filing group , ineligible student, or the authorized representative (see OAR 461-001-0000 and OAR 461-115-0090). (b) “Due month” is the month the Periodic Report form is due. (c) “Continued due month” is the month after the due month . (d) “Reinstate month” is the month after the continued due month . Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816 & 412.049 History: SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022 SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022 SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020 SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018 SSP 21-2017, f. 8-11-17, cert. ef. 9-1-17 SSP 6-2017(Temp), f. & cert. ef. 3-10-17 thru 9-5-17 SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15 SSP 17-2015, f. & cert. ef. 6-30-15 SSP 1-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09 SSP 23-2008, f. & cert. ef. 10-1-08 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 16-2005, f. & cert. ef. 12-1-05 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05 SSP 20-2003, f. & cert. ef. 8-15-03
461-170-0103 Actions Resulting from Changes in Household Circumstances; Simplified Reporting System (SRS); SNAP, JPI In the SNAP program and JPI, benefits may be changed for an individual using SRS — based on information obtained other than through the Periodic Report form — only as follows: (1) The benefit level is increased if the information demonstrates the individual is eligible for greater benefits. (2) The benefits are closed or reduced if any of the following subsections apply: (a) The household requests a closure of benefits. (b) The action is based on information that is verified upon receipt . Information is considered verified upon receipt if all of the following are true: (A) The individual making the report is a member of the SNAP filing group (see OAR 461-110-0370), ineligible student, authorized representative (see OAR 461-115-0090), or an individual who is the source of the information being verified (for example, a landlord is the source of a rent amount and an employer is a source of wages). (B) The information is not questionable. (C) The information does not require verification or necessary verification is provided with the report (see OAR 461-115-0651). (c) An individual in paragraph (2)(b)(A) of this rule reports non-financial information (see Division 120 of OAR Chapter 461) that results in loss of eligibility (see OAR 461-001-0000). (d) An individual in paragraph (2)(b)(A) of this rule reports financial group (see OAR 461-110-0530) countable (see OAR 461-001-0000) income exceeding the SNAP Countable Income Limit set at 130 percent of the federal poverty level under OAR 461-155-0180. (e) The Department is applying an Intentional Program Violation (see OAR 461-195-0601). (3) The Department may act on information reported through computer matches when any of the following occur: (a) The Periodic Report is processed. (b) The individual is recertified. (c) Information from the Social Security Administration indicates a member is deceased. (d) Information from the Oregon Lottery indicates a member has lottery or gambling winnings equal to or in excess of the resource limit listed in OAR 461-160-0015(7)(a). (e) Information from the Social Security Administration indicates a financial group member’s income has changed. (f) The monthly match with the Department of Corrections indicates a member is incarcerated. Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.816, 411.825 & 411.837 History: SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022 SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022 SSP 2-2016, f. & cert. ef. 1-1-16 SSP 27-2015(Temp), f. 9-29-15, cert. ef. 10-1-15 thru 3-28-16 SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 SSP 16-2005, f. & cert. ef. 12-1-05 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 20-2003, f. & cert. ef. 8-15-03
461-170-0104 Failure to Submit Periodic Report Form Timely; Simplified Reporting System (SRS); SNAP In the SNAP program: (1) When the Department does not receive a complete (see OAR 461-170-0101) Periodic Report form by the last day of the continued due month (see OAR 461-170-0101) listed under OAR 461-170-0102, benefits are closed with an effective date of the last day of the continued due month , in accordance with OARs 461-175-0280 and 461-180-0006. (2) When the Department receives a complete Periodic Report form by the last day of the reinstate month (see OAR 461-170-0101) and the filing group (see OAR 461-110-0370) is determined eligible for SNAP benefits, (a) The SNAP certification period shall be reinstated. (b) The SNAP benefits for the reinstate month shall be prorated from the date the complete Periodic Report form was received, calculated under OAR 461-160-0070. Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.081, 411.816, 411.825 & 411.837 History: SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022 SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022 SSP 23-2015, f. 9-28-15, cert. ef. 10-1-15 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 16-2005, f. & cert. ef. 12-1-05 SSP 20-2003, f. & cert. ef. 8-15-03
461-170-0130 Acting on Reported Changes; OSIPM, QMB (1) When an OSIPM or QMB client, who is required by this division of rules to report a change in circumstances, makes a timely report of a change that could reduce or end medical benefits, prior to reducing or ending medical benefits: (a) The Department must review each individual in the filing group for eligibility for the other medical programs listed in this rule; and (b) The Oregon Health Authority or the Department must review the individual for Medicaid eligibility under MAGI rules (OAR 410-200). (2) If the Department needs additional information to act on the timely reported change, members of the benefit group (see OAR 461-110-0750) remain eligible from the date the change was reported until the Department determines their eligibility in accordance with the application processing time frames in OAR 461-115-0190. Statutory/Other Authority: ORS 409.050, 411.060 & 411.404 Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404 History: SSP 40-2016, f. & cert. ef. 11-1-16 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 9-2006(Temp), f. & cert. ef. 6-1-06 thru 9-30-06 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
461-170-0200 State and Federal Government-Initiated Changes An individual is not required to report any of the following changes: (1) Periodic cost-of-living adjustments to the federal Black Lung Program, Social Security Benefits (SSB), Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and veterans assistance under Title 38 of the United States Code. (2) Periodic cost-of-living adjustments to GA, OSIP, REF, SFPSS, and TANF standards. (3) Other changes in eligibility criteria based on legislative or regulatory actions. Statutory/Other Authority: ORS 411.060, 411.404, 411.816, 412.009, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.404, 411.816, 412.009, 412.014, 412.049 & 412.089 History: SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09 AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98 AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98 AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90