justicedao/ipfs_state_laws huggingface dataset:
461-180-0065 Effective Dates; Ending Disqualifications (1) The effective date for ending a JOBS disqualification or a disqualification related to diagnosis, counseling, or treatment for substance abuse or mental health is; (a) The date the client meets the requirements for ending the JOBS disqualification (see OAR 461-130-0335); or (b) The date the client meets the requirements for ending the disqualification for failure to comply with OAR 461-135-0085(1) (see OAR 461-135-0089). (2) In the OSIPM program, the effective date for ending the disqualification for failing to enroll in cost-effective, employer-sponsored health insurance is the date the client provides verification of enrollment during the open enrollment period. (3) In the SNAP program, the effective date for ending an employment program disqualification is the date the client fulfills the requirements to end the disqualification or the first of the month following the minimum disqualification period, whichever occurs later (see OAR 461-180-0010 regarding the effective date for adding a person to an open case). (4) For an IPV disqualification, the disqualification ends the day after the minimum disqualification period ends, if there is no additional IPV disqualification to be served and all eligibility requirements are met. (5) For all other disqualifications in the TANF program, the disqualification ends whenever the client agrees to cooperate. (6) For other disqualifications in the SNAP program, the disqualification ends at the end of the disqualification period. (7) In the REF program, a disqualification ends at the end of the disqualification period. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.816, 412.006, 412.009, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.816, 412.006, 412.009 & 412.049 History: SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 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 22-2004, f. & cert. ef. 10-1-04 AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 11-1999, f. & cert. ef. 10-1-99 AFS 17-1998, f. & cert. ef. 10-1-98 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 26-1990, f. & cert. ef. 11-29-90 AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90
461-180-0080 Effective Dates; Initial Month SNAP Benefits In the SNAP program: (1) Except as provided in section (2) of this rule, for a filing group making an initial application or applying after the end of its certification period, the effective date for starting benefits is the filing date (see OAR 461-115-0050 and 461-115-0210), as long as all eligibility requirements are met on the filing date. If all eligibility requirements are not met on the filing date, the effective date is the date all eligibility requirements are met. (2) For migrant and seasonal farmworkers that received SNAP benefits in another state the month before applying for SNAP in Oregon, the effective date for starting benefits is the first of the month. (3) If a filing group is applying for benefits during the last two months of a certification period, the effective date is the first of the month following the end of the certification period, unless the filing group fails to complete the application process within the time frames listed in OAR 461-115-0210. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 32-1996(Temp), f. & cert. ef. 9-23-96 AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 19-1994, f. & cert. ef. 9-1-94 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-180-0081 Effective Dates; Cases Receiving Transitional Benefit Alternative (TBA) (1) The effective date for starting TBA benefits is the first day of the month after the TBA notice is mailed. The effective date cannot precede the date the Department has determined the client is no longer eligible for TANF. (2) Once a household begins to receive TBA benefits, the benefits are not changed until the end of the TBA period except that TBA benefits will be changed appropriately if a member of the household: (a) Leaves the household and applies for SNAP benefits as a member of another household; or (b) Becomes ineligible for TBA per OAR 461-135-0506. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08 SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08 SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03
461-180-0083 Effective Dates; Other Changes That Cause Increases; OSIPM and QMB (1) In the OSIP, OSIPM, and QMB programs, this rule is used to determine the effective date when reported changes, other than changes in income or income deductions, cause an increase in benefits. See OAR 461-180-0020 for information about changes in income and income deductions that cause increases. (2) The effective date is determined in accordance with OAR 461-180-0090 if a current recipient of OSIPM or QMB program benefits is determined eligible for a new program with a higher benefit level due to any of the following factors: (a) Changes to the number in the need group (see OAR 461-110-0630). (b) Changes to the amount of countable (see OAR 461-001-0000) resources. (c) Changes to employment status. (d) Changes to service eligibility. (3) If a current OSIPM recipient is determined eligible for a higher benefit level due to pregnancy, the effective date is the first day of the month in which the pregnancy was reported. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706 History: SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023 SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023 SSP 19-2022, minor correction filed 02/16/2022, effective 02/16/2022 SSP 45-2020, amend filed 12/22/2020, effective 01/01/2021 SSP 28-2018, adopt filed 09/06/2018, effective 10/01/2018
461-180-0085 Effective Dates; Redeterminations of OSIPM and QMB In the OSIPM and QMB programs, when the Department initiates a redetermination of eligibility (see OAR 461-001-0000): (1) Prior to reducing or ending medical benefits: (a) The Department must review each individual in the filing group (see OAR 461-110-0410) 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 additional information is needed to redetermine eligibility, members of the benefit group (see OAR 461-110-0750) who may be eligible for the other programs listed in this rule remain eligible from the date the review is initiated until the Department or the Oregon Health Authority determines their eligibility in accordance with the application processing time frames in OAR 410-200-0110. 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 35-2011, f. 12-27-11, cert. ef. 1-1-12 SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10 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
461-180-0100 Effective Dates; Eligibility Following Closure The new effective date of eligibility following closure of benefits or following the end of a certification period is determined as follows: (1) In the SNAP program, see OAR 461 115 0450. (2) In the REF and TANF programs: (a) Eligibility starts on the date provided by OAR 461-180-0070 for REF and TANF unless the applicant meets the requirements of subsection (b) of this section. (b) Eligibility starts the first day of the month following closure if: (A) The applicant contacts the Department during the month of closure; and (B) Submits to the Department a complete application not later than the end of the month following closure. (3) In all programs other than the REF, SNAP, and TANF programs: (a) If the individual completes the application process within the applicable time period described in chapter 461 of the Oregon Administrative Rules, eligibility starts on the first day of the month following closure if the filing group meets all eligibility requirements on that date and if: (A) The filing group established a date of request (see OAR 461-115-0030) prior to closure; or (B) The Department initiated a redetermination of eligibility prior to closure. (b) If the individual does not complete the application process within the time period described in chapter 461 of the Oregon Administrative Rules, the determination of an effective date requires a new date of request . Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049 History: SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 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 37-2012, f. 12-28-12, cert. ef. 1-1-13 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 SSP 4-2005, f. & cert. ef. 4-1-05 SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03 AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 17-1998, f. & cert. ef. 10-1-98 AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
461-180-0105 Effective Dates; Reductions Delayed Pending a Hearing Decision (1) If a proposed reduction or closure of benefits or a proposed disqualification arising out of an employment program is delayed because the client requested a hearing, the proposed action takes effect in accordance with sections (2) and (3) of this rule. (2) A disqualification is effective in the following programs on the first day of the month following issuance of a final order upholding the disqualification: (a) In the JOBS, JOBS Plus, and REP programs. (b) In the SNAP program, if the disqualification is a result of any of the following: (A) A job quit. (B) Failure to comply with a requirement in OAR 461-130-0320. (C) Failure to comply with a requirement of the JOBS or UC employment program. (3) All other reductions or closures are effective in accordance with the notice that precipitated the appeal. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049 History: SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 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 33-2003, f. 12-31-03, cert. ef. 1-4-04 SSP 31-2003(Temp), f. & cert. ef. 12-1-03 thru 12-31-03 AFS 10-2002, f. & cert. ef. 7-1-02 AFS 17-1998, f. & cert. ef. 10-1-98 AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95
461-180-0110 Effective Dates; Reimbursement of Employer-Sponsored Health Insurance Premiums The effective date for starting reimbursement of cost-effective employer-sponsored health insurance premiums per OAR 461-135-0990 is one of the following: (1) For new cases, the later of the following: (a) The date of request; or (b) If no member of the filing group is eligible for medical on the date of request, the date of initial medical eligibility. (2) For ongoing cases, the later of the following: (a) The first of the month in which the insurance becomes effective; or (b) The first of the month in which the benefit group requests reimbursement. Statutory/Other Authority: ORS 411.060 & 411.070 Statutes/Other Implemented: ORS 411.060 History: AFS 8-1992, f. & cert. ef. 4-1-92 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 26-1990, f. & cert. ef. 11-29-90 AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90
461-180-0120 Effective Dates; Removing an Individual The effective date for removing an individual from a benefit group (see OAR 461-110-0750) is one of the following: (1) If the individual has left the benefit group in the current budget month because they are ineligible, disqualified, or have left the household, the effective date is: (a) The first of the month after the notice period (see OAR 461-175-0050) ends, if the change will reduce benefits. (b) The last day of the month in which the notice period ends, if the change will end benefits. (2) If the individual is reasonably expected to leave the household next month, the effective date is the later of the following: (a) The first of the month following the month in which the individual leaves the household group (see OAR 461-110-0210), if the change will reduce benefits. (b) The end of the month in which the individual is expected to leave the household group , if the change will end benefits. (3) Upon the death of an individual in a benefit group of more than one individual, the effective date of the closure or reduction in benefits is one of the following: (a) In the REF, REFM, SNAP, and TANF programs, the last day of the month in which the notice period of the timely continuing benefit decision notice (see OAR 461-001-0000) ends under OAR 461-175-0050 . (b) For all programs not covered by subsection (a) of this section, the date of the individual's death. Statutory/Other Authority: 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.231, 414.685 & 414.826 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 414.231 & 414.826 History: SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021 SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 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 32-2010, f. & cert. ef. 10-1-10 SSP 18-2010, f. & cert. ef. 7-1-10 SSP 28-2009, f. & cert. ef. 10-1-09 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 21-1993, f. & cert. ef. 10-12-93 AFS 13-1993(Temp), f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90 AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-180-0130 Effective Dates; Restored Benefits (1) The effective date for restoring benefits that were underpaid (including erroneous collections of overpayments) or denied or closed in error is set as follows: (a) Except as provided in subsections (b) and (c) of this section, in all programs except the SNAP program, for underpayments resulting from administrative error, the effective date is the date the error was made. (b) In all programs except as provided in subsection (c) of this section, benefits may be restored only for the preceding 12 months. (c) JPI benefits may be restored only for the preceding four months and not to a date earlier than the individual is eligible under OAR 461-135-1260. (d) In all programs except the SNAP program, for underpayments resulting from client error, the effective date is the earliest of the following: (A) The month the benefit group (see OAR 461-110-0750) notifies the branch office (see OAR 461-001-0000) of the possible loss. (B) The month the branch office discovers the loss. (C) The date a hearing is requested. (2) In the SNAP program, for underpayments resulting from administrative error, benefits are restored for not more than twelve months prior to whichever of the following occurs first: (a) The date the benefit group notifies the branch office of the possible loss. (b) The date the branch office discovers the loss. (c) The date a hearing is requested. (3) In the SNAP program, benefits are not restored for underpayments resulting from client error. (4) The effective date for restoring benefits that have been suspended is: (a) For individuals whose medical assistance is suspended because they are a resident of a public institution, see OAR 461-135-0950(8). (b) When subsection (a) of this section does not apply: (A) The first of the month after the suspension, if suspension was for only one month; or (B) The date the benefit group again becomes eligible, if benefits have been suspended for more than 30 days. The Department treats the month in which benefits are restored as an initial month (see OAR 461-001-0000). Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 414.231 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.439, 411.816, 412.014, 412.049 & 414.231 History: SSP 21-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12 SSP 20-2012(Temp), f. 5-23-12, cert. ef. 5-24-12 thru 11-20-12 SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12 SSP 33-2011(Temp), f. & cert. ef. 12-27-11 thru 6-24-12 SSP 32-2011, f. & cert. ef. 12-27-11 SSP 28-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-26-11 SSP 15-2011(Temp), f. & cert. ef. 6-29-11 thru 12-26-11 SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 SSP 7-2005, f. & cert. ef. 7-1-05 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-180-0135 Effective Dates; Restoring SNAP Benefits for ABAWD Following Counting Month (Not Regaining) (1) In the SNAP program, benefits may be restored effective the first of the month when SNAP benefits for an ABAWD (see OAR 461-135-0520) end following the third countable month when all of the following requirements are met: (a) Benefits ended as of the last calendar day of the prior month or were reduced as of the first day of the current month. (b) The reason for the closure or reduction was the ABAWD lost eligibility (see OAR 461-001-0000) due to the SNAP time limit in OAR 461-135-0520. (c) The client contacted the Department within the first calendar month following the closure or reduction and provided information that the client met one of the following in at least one of the first three countable months (see OAR 461-135-0520): (A) An exemption in OAR 461-130-0310(3)(a). (B) The work requirements in OAR 461-135-0520(3)(d) or (e). (d) There is at least one month remaining in the certification period (see OAR 461-001-0000). (2) This policy does not include regaining eligibility (see OAR 461-135-0520(5)) or to the month following closure or reduction following receipt of six countable months or any month thereafter. Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816, 411.825 & 411.837 History: SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018 SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16 SSP 14-2016(Temp), f. 3-24-16, cert. ef. 4-1-16 thru 9-27-16
461-180-0140 Effective Dates; Retroactive Medical Benefits (1) In the OSIPM program: (a) If an applicant requests and is eligible for retroactive medical benefits, the earliest date the applicant may be eligible is the first day of the third month before the month that includes the date of request (see OAR 461-115-0030). For example, if the applicant requests benefits on July 10th, eligibility may begin as early as April 1. (b) Except as provided for in subsections (c) and (d) of this section, after the earliest date is established, eligibility is determined on a month-by-month basis. The period starts on the earliest established date and ends on the last day of the month prior to the month that includes the date of request. For example, if the applicant requests benefits on August 10th, the earliest date is May 1. Eligibility is established separately for May 1 through May 31, June 1 through June 30, and July 1 through July 31. (c) Retroactive eligibility is not available for any period that an individual is a resident of a public institution (see OAR 461-135-0950) except for the date of incarceration and the date of release, unless coverage would be available under OAR 461-135-0950 while a resident of a public institution . (d) The earliest effective date of retroactive eligibility for an individual who was receiving medical benefits in another state during the retroactive period is the day following the date that benefits end in the other state. (2) If an applicant requests and is eligible for retroactive QMB DW, the earliest date the applicant may be eligible is three months before the date of request. (3) If a QMB-SMB or QMB-SMF applicant requests and is eligible for retroactive payment of Part B Medicare premiums, the earliest date the applicant may be eligible is three months before the date of request. (4) If an applicant applying for REFM is eligible for retroactive medical benefits, the earliest the applicant may be eligible is the most recent of the following: (a) The date the applicant arrived in the United States; or (b) Three months before the date of request. Statutory/Other Authority: ORS 409.050, 411.060 & 411.404 Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404 History: SSP 39-2021, minor correction filed 07/06/2021, effective 07/06/2021 SSP 13-2016, f. 3-21-16, cert. ef. 4-1-16 SSP 4-2016(Temp), f. & cert. ef. 1-22-16 thru 6-11-16 SSP 32-2015(Temp), f. & cert. ef. 12-15-15 thru 6-11-16 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 35-1992, f. 12-31-92, cert. ef. 1-1-93 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-185-0010 T & A Overview, When to Use (1) T&A is a system for handling client funds when the Department is responsible for receiving and disbursing these funds. These accounts are set up when the Department is the client’s representative payee for SSB, SSI, Veterans, or other benefits; (2) Additionally, Seniors and People with Disabilities may set up an account when any of the following is true: (a) There is no one available to assist the client and the client understands the need for the account; (b) The client is not able to manage their income or resources; (c) The account balance of a client’s nursing facility personal incidental fund is more than $90. (3) Do not set up a T&A account for people who are under age 18. Statutory/Other Authority: ORS 411.060, 411.070, 411.620, 411.630, 411.632, 411.635, 411.640 & 411.816 Statutes/Other Implemented: ORS 411.060 History: AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-185-0020 Authorization of T&A (1) The client, or their guardian or conservator, authorizes establishment of a T&A account on a form prescribed by the Department. (2) Spouses must each sign the authorization form to have their funds administered in trust. (3) Clients not able to sign their name may make a mark. Two people must witness the signing and give their addresses. Statutory/Other Authority: ORS 409.050, 411.060 & 411.070 Statutes/Other Implemented: ORS 409.050, 411.060 & 411.070 History: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-185-0030 Interest Paid on T&A Accounts Interest earned from investment of T&A account monies will be put into the T&A accounts on a quarterly basis. Interest will be reported in accordance with IRS regulations on a Department form. Statutory/Other Authority: ORS 409.050, 411.060 & 411.070 Statutes/Other Implemented: ORS 409.050, 411.060 & 411.070 History: AFS 6-1994, f. & cert. ef. 4-1-94 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90