justicedao/ipfs_state_laws huggingface dataset:
461-120-0630 Requirement to Live with a Caretaker or Caretaker Relative (1) Except as provided otherwise in OAR 461-135-1200, to be eligible for the TANF program, a dependent child (see OAR 461-001-0000) must live with a caretaker relative (see OAR 461-001-0000). The Department may require documentary evidence to show that an individual is a caretaker relative of the dependent child . (2) To be eligible for the EA program, a child must either live with a caretaker relative or have lived with a caretaker relative within the last six months. Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404 & 412.049 History: SSP 19-2023, amend filed 06/20/2023, 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 9-2012, f. 3-29-12, cert. ef. 4-1-12 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 1-1993, f. & cert. ef. 2-1-93 AFS 30-1992(Temp), f. & cert. ef. 10-14-92 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0150 Determining Primary Wage Earner (PWE); TANF (1) The primary wage earner (PWE) is the parent who earned the most money in the 24 months before requesting assistance. (2) Once a parent is determined to be the PWE, their status cannot change while the family remains continuously eligible for cash assistance, unless: (a) The other parent later provides evidence that they should have been the PWE at the time of application; or (b) The parent who is the PWE is out of the household group for at least one full calendar month. If so, the branch office must redetermine the PWE. Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.116, 411.404 & 412.049 History: 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 AFS 11-1999, f. & cert. ef. 10-1-99 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0260 Impairment Criteria; SFPSS (1) To be eligible for the SFPSS program, an individual must be receiving TANF benefits and the Department has determined that the individual: (a) Meets the listing of impairments found in 20 C.F.R. Part 404, Subpart P, Appendix 1; or (b) Meets the medical vocational guidelines found in 20 C.F.R. Part 404, Subpart P, Appendix 2 for SSI; or (c) Meets the definition of disability in 20 C.F.R. § 404.1505 or 416.905. (2) If an individual is unable to do so, the Department will obtain medical evidence that documents a claim of physical or mental impairment. Statutory/Other Authority: ORS 411.060, 411.070, 412.049 & 412.014 Statutes/Other Implemented: ORS 411.060, 411.070, 412.049 & 412.114 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
461-125-0310 Basis of Need; OSIPM In the OSIPM program, an individual must be one of the following: (1) Blind (see OAR 461-125-0330) at any age (AB). (2) Age 65 or over (see OAR 461-125-0350) (OAA). (3) An individual with a disability (see OAR 461-125-0370) (AD). Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.704 & 411.706 History: SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 SSP 8-2008, f. & cert. ef. 4-1-08 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0330 Blindness as the Basis of Need In the OSIP and OSIPM programs, an individual is considered blind if any of the following is true: (1) The individual is receiving SSB or SSI benefits based on blindness. Eligibility continues as long as eligibility for SSB or SSI eligibility continues. (2) The individual was eligible for and received AB in Oregon in December 1973. These individuals continue to be eligible as long as they are continuously blind as defined by Oregon requirements that were in effect in 1973. (3) The individual meets one of the following OSIP blindness criteria: (a) Vision of 20/200 or less in the better eye with a corrective lens. (b) A limitation in vision field to an angle of 20 degrees or less. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404 & 411.706 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.704 & 411.706 History: SSP 56-2021, minor correction filed 12/13/2021, effective 12/13/2021 SSP 7-2005, f. & cert. ef. 7-1-05 AFS 20-1991, f. & cert. ef. 10-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0350 Old Age as the Basis of Need; OSIP and OSIPM Only a person who has attained the age of 65 years may be eligible for the OSIP-OAA or OSIPM-OAA program. Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404 & 411.706 History: AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0810 Using Administrative Medical Examinations OSIPM blindness, or TANF incapacity, the client may select a qualified medical provider to complete the medical evaluation described in OAR 461-125-0830. (2) A decision to deny or end benefits must be reconsidered when additional medical documentation relevant to the decision is received by the Department within 30 days of the original effective date of denial or termination. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.710 & 412.014 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.710, 412.014 & 412.049 History: 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 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 AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00 AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-125-0830 Medical Documentation; Disability and Other Determinations (1) Medical documentation must be written and must contain all the following: (a) A diagnosis in medical terminology, including an explanation of whether the impairment limits the individual's ability to perform normal functions and, if so, how. (b) A prognosis, including an expected recovery time frame. (c) Clinical findings from physical examination, psychiatric evaluation, X‑rays, or a laboratory procedure, including specific data supporting diagnosis of a condition that causes disability, either on a medical or psychiatric basis. (2) Except as provided otherwise in section (3) of this rule: (a) To determine eligibility, the Department will accept evaluations from the following medical sources: medical evaluations only from licensed physicians, including psychiatrists, osteopaths, and ophthalmologists; mental evaluations only from psychiatrists and licensed or certified psychologists; and measurement of visual acuity and visual fields only from ophthalmologistsand licensed optometrists. (b) The Department will accept supplemental medical and vocational information to augment evaluations from acceptable medical sources, from a licensed social worker, licensed physical or occupational therapist, or licensed nurse practitioner. (3) Except for eligibility determinations in the OSIP, OSIPM, QMB, and SFPSS programs, the Department will also accept medical evaluations from licensed nurse practitioners and physician assistants; and mental evaluations from psychiatric mental health nurse practitioners. (4) The client must provide or cooperate in obtaining sufficient medical documentation for the Department to determine eligibility. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.710, 412.006, 412.009, 412.014 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.710, 412.006, 412.009, 412.014 & 412.049 History: Temp repealed by SSP 36-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16 SSP 8-2013, f. & cert. ef. 4-1-13 SSP 39-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13 AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-130-0328 Effect of Strikes (1) For the purposes of this rule, "striker" means anyone participating in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) or any concerted slowdown or other concerted interruption of operations by employees. An individual is not a "striker" if the individual is: (a) An employee affected by a lockout; (b) An individual who goes on strike but who is exempt (see OAR 461-130-0305) from participating in an employment program under this division of rules the day prior to the strike, unless exempt solely on the ground that the individual is employed; or (c) An individual who is not part of a bargaining unit on strike and does not want to cross a picket line due to fear of personal injury or death. (2) In the EA and TANF programs, a filing group (see OAR 461-110-0310) is ineligible for program benefits during any month in which a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) in the filing group is a striker (see section (1) of this rule). If any other member of the filing group is a striker, only that individual is ineligible. (3) In the REF program, a filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group is a striker. (4) In the REFM program, if a filing group member is a striker during the month of application, the filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group continues to be a striker. (5) In the SNAP program: (a) A household containing a striker is not eligible to participate in the program unless the household was eligible for benefits the day prior to the date the member became a striker. (b) An eligible household is not entitled to an increased allotment as the result of a decrease in the income of a need group (see OAR 461-110-0630) member on strike. (c) The eligibility (see OAR 461-001-0000) of a filing group (see OAR 461-110-0370) containing a striker is determined by adding to the income of the filing group members who are not strikers the greater of the current income of the striker or the income of the striker immediately before the strike. Deductions used to determine benefits and eligibility for a household subject to the net income eligibility standard are calculated for the month of application as for any other household. (d) A striker is subject to the registration requirements of this division of rules unless exempt from participating in an employment program on the day of application. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS 409.050, 411.060, 411.404, 411.816 & 412.049 History: SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15 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 41-2010, f. 12-30-10, cert. ef. 1-1-11 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 17-1998, f. & cert. ef. 10-1-98
461-135-0071 TANF Time Limit; General Provisions (1) Except as provided in OAR 461-135-0073 and 461-135-0075, a minor parent (see OAR 461-001-0000) head of household or needy caretaker relative (see OAR 461-001-0000) may not receive a TANF grant in Oregon if the minor parent head of household or needy caretaker relative has received a TANF grant in any state or states in excess of 60 months. (2) Each minor parent head of household and needy caretaker relative who qualifies for a TANF grant under OAR 461-135-0073 and 461-135-0075 must also meet all other TANF eligibility (see OAR 461-001-0000) requirements and cooperate with the requirements of his or her case plan (see OAR 461-001-0025), unless good cause (see OAR 461-130-0327) exists. (3) A minor parent head of household or a needy caretaker relative who reaches the 60-month time limit and does not meet any of the extension criteria in OAR 461-135-0073 or exemption criteria in OAR 461-135-0075 is removed from the benefit group (see OAR 461-110-0750). The remaining need group (see OAR 461-110-0630) members may continue to receive TANF benefits. (4) If a minor parent head of household or needy caretaker relative is removed from the benefit group under section (3) of this rule, any disqualifications or sanctions that are accrued or have been accrued remain in place. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.006, 412.049, 412.064 & 412.079 History: SSP 15-2016, f. & cert. ef. 4-1-16
461-135-0073 TANF Time Limit; Extension Criteria (1) Effective April 1, 2016, a minor parent (see OAR 461-001-0000) head of household or needy caretaker relative (see OAR 461-001-0000) who has reached the 60-month time limit in OAR 461-135-0071 may receive an extension of benefits if the individual is unable to obtain or maintain employment that provides earnings in excess of income limits established by the Department because the minor parent head of household or needy caretaker relative: (a) Is at risk of further or future domestic violence (see OAR 461-001-0000); (b) Has a learning disability; (c) Has a mental health condition or an alcohol or drug abuse problem; (d) Has a disability (see OAR 461-001-0000); (e) Has a child (see OAR 461-001-0000) with a disability; (f) Is deprived of needed medical care; or (g) Is subjected to battery or extreme cruelty. For purposes of this rule, an individual is subjected to battery or extreme cruelty if the individual has been subjected to one or more of the following: (A) Physical acts that resulted in, or threatened to result in, physical injury to the individual. (B) Sexual abuse. (C) Sexual activity involving a dependent child (see OAR 461-001-0000). (D) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities. (E) Threats of, or attempts at, physical or sexual abuse. (F) Mental abuse. (G) Neglect or deprivation of medical care. (2) When a minor parent head of household or needy caretaker relative receiving TANF reaches 60 months of receipt of TANF benefits, benefits may be temporarily continued past 60 months if the individual is otherwise eligible and: (a) Is completing a previously approved JOBS Plus agreement; or (b) Is experiencing a situation that is expected to last less than 12 months and the Department has determined it is not reasonable for the individual to obtain or maintain employment while the situation is continuing. (3) Extensions granted based on a condition described in subsections (1)(b) to (1)(e) of this rule: (a) Require documentation from a licensed or certified professional qualified to make such a determination (see OAR 461-125-0830); and (b) Must be reverified upon expiration of the documentation or every twelve months, whichever date occurs first. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.001, 412.006, 412.049, 412.064, 412.079, 412.084 & 412.072 History: SSP 25-2024, minor correction filed 03/18/2024, effective 03/18/2024 SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023 SSP 15-2016, f. & cert. ef. 4-1-16
461-135-0080 TANF Eligibility for Minor Parents To be eligible for TANF, a minor parent applying for benefits for his or her child must live with the minor's parent, parents or legal guardian unless it is unsafe or impractical for the minor parent to live with those individuals. Statutory/Other Authority: ORS 411.060 & 412.049 Statutes/Other Implemented: ORS 411.060, 412.049 & 412.084 History: 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 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
461-135-0087 Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements For the TANF and REF programs, a client has good cause for missing a scheduled appointment or for any other failure to comply with the requirements imposed under OAR 461-135-0085 if the failure to comply was caused in significant part by circumstances beyond the client’s reasonable control. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
461-135-0089 Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits; TANF In the TANF program: (1) The disqualification penalty imposed under OAR 461-135-0085 ends, and cash benefits are restored, on the date any of the following occur: (a) The Department changes the participation classification of the disqualified individual to JOBS exempt or JOBS volunteer (see OAR 461-130-0305). (b) The disqualified individual demonstrates a willingness to engage in treatment required under OAR 461-135-0085 if treatment is still required. (c) The disqualified individual agrees to engage in JOBS program activities if treatment is no longer required or available. (d) The household reports that the disqualified individual is no longer a member of the household group (see OAR 461-110-0201), which ends the disqualification for the individual. (e) The Department determines the disqualified individual is unable to participate because there are no appropriate activities or no support services (see OAR 461-001-0025) available to support the activity . (f) The Department determines the disqualified individual is unable to participate due to a disability (461-001-0000) that prevents the individual from participating in the JOBS program, or the Department determines a needed and appropriate accommodation was not provided to the individual for a known disability . (2) The JOBS disqualification penalty imposed under OAR 461-135-0085 ends on the last day of the calendar month following the month of closure when TANF program benefits are closed before any provisions in section (1) of this rule are met. (For example, if TANF benefits close the last day of November during an active third level penalty, the third level penalty disqualification will remain until the last day of December.) (3) When the disqualification penalty is ended under this rule, later disqualifications begin at the first level (see OAR 461-135-0085). Statutory/Other Authority: ORS 411.060, 411.070, 412.006, 412.009 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.049, 412.089, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14 History: SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023 SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16 SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13 SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12 SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12 SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09 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 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
461-135-0200 Multiple Disqualifications; TANF (1) This rule describes the method for calculating the net TANF benefit when a client's benefits are affected by the penalty provided in division 130 of this chapter of rules for failure to comply with the requirements of a case plan (see OAR 461-001-0025) or the penalty provided by OAR 461-135-0085 and, during the same month, by a concurrent penalty related to child support or a penalty related to recovery from third parties (OAR 461-120-0340 and 461-120-0345 respectively). (2) If the concurrent penalty relates to child support, during the first three months that the penalties are both applied, the penalty related to the case plan or to OAR 461-135-0085 is applied first, and the concurrent penalty is then applied. During the fourth and successive months, the clients are ineligible for TANF benefits. (3) If the concurrent penalty relates to recovery from third parties, during the first three months that the penalties are both applied, only the penalty related to third-party recovery is applied. During the fourth and subsequent months, the penalty related to third-party recovery continues and the benefit group (see OAR 461-110-0750) is ineligible for TANF benefits. Statutory/Other Authority: ORS 411.060, 418.040 & 412.049 Statutes/Other Implemented: ORS 411.060, 418.040 & 412.049 History: SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16 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 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 9-1999, f. & cert. ef. 7-1-99 AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
461-135-0220 REF, REFM, and TANF Programs; Pandemic This rule applies to the REF, REFM, and TANF programs and is reserved for use in case of a pandemic. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.064 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 412.064, 45 CFR 206.10, 45 CFR 400.155 & 45 CFR 260.31 History: SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 7-2022, amend filed 02/03/2022, effective 02/18/2022 SSP 51-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/27/2022 SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 41-2020, temporary amend filed 11/30/2020, effective 12/01/2020 through 05/29/2021 SSP 35-2020, adopt filed 09/29/2020, effective 09/30/2020 SSP 28-2020, temporary adopt filed 08/25/2020, effective 09/01/2020 through 09/29/2020 SSP 24-2020, temporary adopt filed 07/27/2020, effective 08/01/2020 through 09/29/2020 SSP 15-2020, temporary adopt filed 06/17/2020, effective 06/17/2020 through 09/29/2020 SSP 7-2020, temporary adopt filed 04/08/2020, effective 04/08/2020 through 09/29/2020 SSP 6-2020, temporary adopt filed 04/03/2020, effective 04/03/2020 through 09/29/2020
461-135-0300 Eligibility for and Needs Covered by EA Emergency assistance is available for food and shelter needs of financial groups. To be eligible for EA, a financial group must have a shelter or food need that was caused by natural disaster or that resulted from the financial group’s lack of income or cash resources during the month of application and the prior month sufficient to prevent the emergency. The lack of sufficient available money must have resulted from money becoming unavailable due to circumstances beyond the group’s control. Circumstances beyond the group's control include: (1) Theft that occurs notwithstanding the financial group’s reasonable precautions to prevent theft. (2) The need to use the money for unexpected and necessary expenditures, such as the payment for car repairs when the car is used for work or for a family emergency. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 26-1990, f. & cert. ef. 11-29-90 AFS 18-1990(Temp), f. & cert. ef. 7-13-90 AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90