461-135-0660 SNAP; COVID-19 The provisions in this rule apply to the SNAP program. (1) The Department suspends sections (2) and (6) of OAR 461-135-0520. Per the Families First Coronavirus Act, Title 3, Section 2301: (a) SNAP time limit work requirements for ABAWDs (see OAR 461-135-0520) are temporarily waived. (b) ABAWDs will not be subject to earning countable months (see OAR 461-135-0520). (2) The Department amends OAR 461-135-0570 (3) as provided. Retroactively effective January 16, 2021, in addition to the provisions under section (3) of OAR 461-135-0570, to be eligible for SNAP benefits, a student of higher education (see OAR 461-135-0570) may also meet the requirements of one of the following subsections: (a) The student of higher education is eligible to participate in state or federally funded work study program during the regular school year. (b) The student of higher education has an Expected Family Contribution (EFC) of $0 in the current academic year, as determined through the Free Application for Federal Student Aid (FAFSA). (3) An individual who the Department has determined is mandatory (see OAR 461-130-0305) will be granted “good cause” (see OAR 461-130-0327) if the reason for not accepting employment or for leaving a job was due to the individual’s concerns regarding their health due to the COVID-19 pandemic. (4) Emergency allotments (supplements) are permitted through USDA waiver under Families First Coronavirus Response Act of 2020. The Department may issue an emergency allotment of SNAP benefits for any months approved for an emergency allotment by the Food and Nutrition Service, with the following limitations: (a) The emergency allotment does not change the benefit level, calculated under OAR 461-160-0400, for the benefit group (see OAR 461-110-0750). (b) The emergency allotment shall be issued on a date determined by the Department, not subject to OAR 461-165-0100. (c) Beginning April 2020, and except as provided in paragraphs (A) and (B) of this subsection, the amount of the emergency allotment shall be the difference between the benefit level calculated under OAR 461-160-0400 and the maximum Payment Standard for the number of individuals in the benefit group. If there is no difference, no emergency allotment shall be issued. (A) Beginning April 2021, if the difference calculated equals an amount less than $95, the amount emergency allotment shall be $95. (B) Beginning May 2021, if the benefit level calculated under OAR 461-160-0400 of a benefit group is $0, no emergency allotment shall be issued. (d) When the Food and Nutrition Service makes a change that ends, reduces, or suspends the emergency allotment: (A) No decision notice (see OAR 461-001-0000) is required. The Department is not required to mail a notice of intended action. (B) The Department shall publicize the change using one or more of the following methods: (i) Informing the public through the news media. (ii) Placing posters in the offices that serve affected individuals, in the locations where SNAP is issued, and at other sites frequented by individuals receiving SNAP. (iii) Mailing a general notice to the households of affected recipients. (e) Excepting an overpayment (see OAR 461-195-0501), there is no right to hearing to dispute emergency allotment and no right to continuing benefits. (5) The provisions-- (a) Listed in sections (1) and (3) of this rule end on the last day of the month in which the public health emergency declaration made by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted. (b) Listed in section (2) of this rule shall be in effect for initial month (see OAR 461-001-0000) SNAP applications until 30 days after the COVID-19 Federal public health emergency is lifted. The provisions in this rule end and the Department shall return to determining student eligibility under OAR 461-135-0570 for all SNAP applications submitted with a filing date (see OAR 461-115-0040) on and after the 30th day following the end of the Federal PHE. (For example, if the Federal PHE ends on January 11, 2023, the Department will continue to apply the student eligibility provisions in this rule to initial applications filed on or before February 10, 2023. The Department will process initial applications filed on or after February 11, 2023 under OAR 461-135-0570.) (c) Listed in section (2) of this rule shall be in effect for SNAP recertification applications until the end of the first full calendar month that begins at least 30 days after the COVID-19 Federal PHE is lifted. The provisions in this rule end and the Department shall return to determining student eligibility under OAR 461-135-0570 for all SNAP applications submitted with a filing date after the last day of that month. (For example, if the Federal PHE ends on January 11, 2023, the Department will continue to apply the student eligibility provisions in this rule to recertification applications filed on or before February 28, 2023. The Department will process recertification applications filed on or after March 1, 2023 under OAR 461-135-0570.) Statutory/Other Authority: ORS 411.060, 411.070, 411.121, 411.816 & ORS 409.050 Statutes/Other Implemented: ORS 409.010, ORS 411.060, 411.070, 411.121, 411.816, 411.825, 411.837, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, Pub. L. 116-127, ORS 409.050, 7 CFR 273.10 & 7 CFR 273.14 History: SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 49-2022, temporary amend filed 09/27/2022, effective 09/27/2022 through 02/20/2023 SSP 47-2022, amend filed 09/20/2022, effective 09/27/2022 SSP 44-2022, temporary amend filed 08/25/2022, effective 08/25/2022 through 09/27/2022 SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022 SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022 SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022 SSP 48-2021, amend filed 09/23/2021, effective 09/28/2021 SSP 31-2021, temporary amend filed 05/14/2021, effective 05/14/2021 through 09/28/2021 SSP 30-2021, temporary amend filed 04/02/2021, effective 04/02/2021 through 09/28/2021 SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 39-2020, temporary amend filed 10/22/2020, effective 10/22/2020 through 04/19/2021 SSP 36-2020, adopt filed 10/01/2020, effective 10/01/2020 SSP 25-2020, temporary adopt filed 07/28/2020, effective 07/28/2020 through 10/11/2020 SSP 17-2020, temporary adopt filed 06/17/2020, effective 06/17/2020 through 10/11/2020 SSP 10-2020, temporary adopt filed 04/17/2020, effective 04/17/2020 through 10/11/2020