justicedao/ipfs_state_laws huggingface dataset:
461-135-1511 Pandemic Electronic Benefits Transfer (P-EBT) (1) OARs 461-135-1511 through 461-135-1515 apply to Pandemic Electronic Benefits Transfer (P-EBT). Except as provided for in OARs 461-135-1511 through 461-135-1515, P-EBT is not subject to Chapter 461 rules. (2) P-EBT is a food benefit intended to reimburse eligible individuals for the value of the free or reduced-priced meals and snacks usually provided at school or child care centers. Any person using an Electronic Benefits Transfer (EBT) card issued on behalf of a P-EBT eligible individual shall spend the P-EBT benefits to provide meals and snacks to the P-EBT eligible individual. (3) Although P-EBT benefits are issued to an EBT account linked to an EBT card, P-EBT is separate and apart from the SNAP program. (4) P-EBT is administered in partnership between ODHS and the Oregon Department of Education Child Nutrition Program. (5) The following definitions apply to OAR 461-135-1511 to 461-135-1515: (a) "FNS" refers to the Food and Nutrition Service, United States Department of Agriculture. (b) “NSLP” refers to the National School Lunch Program. (c) “NSLP school” refers to an Oregon public school, nonprofit private school, or residential child care institution that is a sponsor of the National School Lunch Program (NSLP). (d) “NSLP students” and “NSLP student” refer to individuals enrolled in Oregon public schools, nonprofit private schools, or residential child care institutions that provide meal service as a sponsored National School Lunch Program (NSLP) school. (e) “ODE” refers to the Oregon Department of Education. (f) "P-EBT" refers to Pandemic Electronic Benefits Transfer. (g) “SNAP participants” and “SNAP participant” refer to individuals who are a member of a SNAP filing group (see OAR 461-110-0370) that received more than $0 in SNAP benefits. Statutory/Other Authority: ORS 411.806 - 411.845 Statutes/Other Implemented: ORS 411.806 - 411.845 History: SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023 SSP 28-2022, renumbered from 461-135-1501, filed 02/23/2022, effective 02/23/2022 SSP 27-2022, amend filed 02/16/2022, effective 02/17/2022 SSP 44-2021, temporary amend filed 07/22/2021, effective 07/22/2021 through 01/17/2022 SSP 43-2021, renumbered from 461-135-0498, filed 07/22/2021, effective 07/22/2021 SSP 5-2010, f. & cert. ef. 4-1-10
461-135-1512 Application and Eligibility; P-EBT (1) Program Period September 2022 through May 2023 (School Year 2022-2023) (a) There is no application for P-EBT program period September 2022 through May 2023. (b) Children will be eligible for P-EBT in each month from September 2022 to May 2023 based on the following criteria: (A) Were part of a household that received more than $0 in SNAP for at least one month between September 2022 and May 11, 2023; and (B) Under six years of age. (c) Children that were part of a household that applied for SNAP benefits on or after May 12, 2023, are not eligible for P-EBT (2) Program Period June 2023 through August 2023 (Summer 2023) (a) There is no application for P-EBT program period June 2023 through August 2023. (b) NSLP students will be eligible for P-EBT from June 2023 through August 2023 based on the following criteria: (A) An NSLP student is eligible for P-EBT if, by May 2023, the NSLP student was enrolled at a school that provides meal service as a sponsored NSLP school , and they meet one of the following: (i) Was determined income eligible based on NSLP eligibility criteria as determined by Oregon Department of Education (ODE), the local education agency, or a state agency that ODE has designated to determine student eligibility for P-EBT; (ii) Was a SNAP participant or part of a household that received TANF for at least one month between June 2023 and August 2023; (iii) Enrolled with the Food Distribution Program on Indian Reservations (FDPIR); (iv) Was a youth placed in foster care; (v) Participant in the Migrant Education Program (MEP); or (vi) Participant in the McKinney-Vento Act's Education of Homeless Children and Youth Program. (B) P-EBT eligibility is determined by the child’s school designation as a sponsored NSLP school. (C) NSLP students who submitted a free or reduced price meals application by August 31, 2023 and are determined eligible under federal income limits will receive P-EBT benefits back to the start of the P-EBT program period. (D) NSLP Students who are determined eligible for free and reduced meals under Oregon’s Extended Income Limits and were not SNAP participants beginning October 1, 2020, are not eligible for P-EBT. (E) School children who are homeschooled, enrolled in a virtual charter school, or enrolled in a school that does not participate in NSLP are not eligible for P-EBT. (F) Children under the age of 6 who are part of an active SNAP case between June 2023 and August 2023 are not eligible for P-EBT. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2 History: SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023 SSP 26-2023, temporary amend filed 07/13/2023, effective 07/15/2023 through 01/10/2024 SSP 2-2023, minor correction filed 01/04/2023, effective 01/04/2023 SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023 SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022
461-135-1513 Benefit Amount and Issuance of Benefit; P-EBT (1) Program Period September 2022 through May 2023 (School Year 2022-2023) (a) P-EBT Benefit Standard (A) The monthly P-EBT benefit is $64 for each month a child is eligible within the program period September 2022 through April 2023. (B) The monthly P-EBT benefit is $29 for a child that is eligible for the program for May 2023 (C) P-EBT benefits will be issued to the SNAP case of which the child was a filing group (see OAR 461-110-0370) member. (D) P-EBT benefits will be issued through a batch issuance. (b) P-EBT benefits will be issued according to the following schedule: (A) Initial issuance no sooner than July 30, 2023. (B) A resolution issuance, for children who did not receive the initial issuance, no later than November 30, 2023. (C) There will be no additional reconciliation or issuance of benefits for children who were not issued P-EBT during the dates in paragraphs (A) or (B) of this subsection. (D) P-EBT benefits, once issued, shall not be transferred to another EBT account. (2) Program Period June 2023 through August 2023 (Summer 2023) (a) P-EBT Benefit Standard (A) The P-EBT benefit is $120 for the P-EBT program period. (B) P-EBT benefits will be issued to the Electronic Benefit Transfer (EBT) card provided for P-EBT Summer 2022 benefits if the child previously received P-EBT benefits. (C) If the child did not previously receive P-EBT benefits, the P-EBT benefits will be issued through a separate Electronic Benefit Transfer (EBT) card for each eligible individual. (D) P-EBT benefits will be issued through a batch issuance. (b) P-EBT benefits will be issued according to the following schedule: (A) Initial issuance no sooner than August 15, 2023. (B) A resolution issuance for children who did not receive the initial issuance no later than November 30, 2023. (C) There will be no additional reconciliation or issuance of benefits for children who were not issued P-EBT during the dates detailed in (A) or (B) of this subsection. (D) P-EBT benefits, once issued, shall not be transferred to another EBT account. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2 History: SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023 SSP 26-2023, temporary amend filed 07/13/2023, effective 07/15/2023 through 01/10/2024 SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023 SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022
461-135-1514 Benefit Access and Use; P-EBT (1) P-EBT benefit eligibility is based solely on the individual circumstances of the child, therefore, P-EBT benefits issued to an EBT account are to be used to provide meals and snacks for the P-EBT eligible individual. (2) For P-EBT benefits issued by EBT: (a) The Department considers benefits received when an EBT card has been received, a personal identification number (PIN) has been selected, and the benefits have been issued and made available to the individual in their EBT account. (b) The Department considers benefits available as provided under OAR 461-165-0100. (c) Unused benefits remain available for client access for 274 days from the date the benefits were made available in the EBT account. (d) Unused benefits are expunged by the oldest benefit allotment after 274 days if none of the benefits have been used during 274 days. “Used” includes a purchase or withdrawal of any amount. (e) If benefit expungement is delayed past the required 274 days for any reason, all unused benefits that have reached or exceeded the 274 days shall be expunged at the earliest date possible. (f) Expunged benefits shall not be restored to the client. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2 History: SSP 59-2022, amend filed 12/27/2022, effective 01/01/2023 SSP 51-2022, temporary amend filed 10/13/2022, effective 10/15/2022 through 04/12/2023 SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022
461-135-1515 Hearings, Claims, and Liability; P-EBT (1) Excepting an overpayment (see OAR 461-195-0501) or an intentional program violation (see OAR 461-195-0601), there is no right to a contested case hearing to dispute P-EBT and no right to continuing benefits. The Department adopts the general hearings rule provisions (see division 025 of Chapter 461) for allowed contested case hearings. (2) The Department adopts the SNAP program intentional program violation rule provisions (see OARs 461-195-0601 through 461-195-0621) for P-EBT when an individual: (a) Accesses or uses P-EBT benefits outside of intended access or use under OARs 461-135-1511(2) or 461-135-1514(1), (b) Makes a false or misleading statement; misrepresents, conceals or withholds a fact relating to use, presentation, transfer, acquisition, receipt, or possession; or traffics P-EBT (as defined under “trafficking” (see OAR 461-195-0601 (2)) for the SNAP program), or (c) Commits any act that constitutes a violation of P-EBT FNS regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of benefits. (3) The Department adopts the SNAP program overpayment rule provisions in OARs 461-195-0501 through 461-195-0621 for P-EBT when an intentional program violation is established. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL116-260 & PL 117-2 History: SSP 27-2022, adopt filed 02/16/2022, effective 02/17/2022
461-140-0010 Assets; Income and Resources (1) An available asset, either income or a resource, is categorized as either excluded or countable (defined in OAR 461-001-0000). (2) The availability of resources is covered in OAR 461-140-0020. (3) The availability of income is covered in OAR 461-140-0040. (4) Excluded assets are identified in the rules in this chapter (see divisions 140 and 145 in particular) and are not considered when a client's eligibility and benefit level are determined. (5) In the OSIP, OSIPM, and QMB programs, an asset excluded pursuant to a rule in OAR Chapter 461 remains excluded as long as the asset is used in a manner consistent with the rule that provided the exclusion. (6) An available asset not specifically excluded is countable, and its value is used in determining the eligibility and benefit level of a client. (7) An asset may not be counted as a resource and as income in the same month. Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.816 & 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 17-2008, f. & cert. ef. 7-1-08 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0020 Availability of Resources (1) Except as provided in sections (2) to (4) of this rule: (a) In the SNAP program, a resource owned jointly by a client and another individual is available in its entirety to the client. (b) In all other programs, jointly-owned resources are available to members of a financial group (see OAR 461-110-0530) only to the extent they own the resource. For the purposes of this rule, "liquid resources" means cash as well as other resources that can be converted to cash within 20 business days. (2) A resource is not available to a client in each of the following situations: (a) The client has a legal interest in the resource, but the resource is not in the client's possession and the client is unable to gain possession of it. In the REF and REFM programs, if a resource remains in the applicant's country of origin, it is not available. (b) The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the client's interest is not reasonably saleable. (c) The client verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the client's behalf. (d) The client is a victim of domestic violence (see OAR 461-001-0000) and: (A) Attempting to use the resource would subject the client to risk of domestic violence; or (B) The client is using the resource to avoid the abusive situation. (e) Except as provided in OAR 461-145-0540, the resource is included in an irrevocable or restricted trust and may not be used to meet the basic monthly needs of the financial group. (f) In the OSIP, OSIPM, and QMB-DW programs, there is a legal bar to the sale of the resource. (3) A resource is not considered available during the time the owner does not know he or she owns the resource. (4) If a resource is subject to an early withdrawal penalty, the amount of the penalty is not available. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.685 & 414.839 History: SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019 SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018 SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 15-2014, f. & cert. ef. 7-1-14 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 17-1992, f. & cert. ef. 7-1-92 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0070 Treatment of Excluded Assets Unless stated otherwise in another rule in this chapter of rules: (1) In the OSIP, OSIPM, and QMB programs: (a) Excludable funds must be identifiable in order to be excluded. Identifiable does not require that excluded funds be kept physically apart from other funds. (b) In the OSIP and OSIPM programs: (A) There is a rebuttable presumption that when withdrawals are made from an account with commingled funds non-excluded funds are withdrawn first. (B) If excluded funds are withdrawn, the excluded funds left in the account may be added to only by deposits of subsequently received funds that are excluded under the same rule or another rule in this chapter of rules. (2) In all programs except the OSIP, OSIPM, and QMB programs: (a) Excluded income remains excluded as long as it is kept in a separate account and not commingled with other funds. (b) Excluded income that is commingled in an account with funds not excluded remains excluded for six months from the date it is commingled, after which it is counted as a resource. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 History: SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 5-2002, f. & cert. ef. 4-1-02 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0250 Determining The Uncompensated Value of a Transferred Asset Retroactively effective July 6, 2020: (1) The uncompensated value of a disqualifying transfer of an asset is used in OAR 461-140-0260 to 461-140-0300 to calculate the ineligibility period of the financial group (see OAR 461-110-0530). (2) To determine uncompensated value: (a) In the OSIP and OSIPM programs: (A) The value of the compensation received for the asset is subtracted from the fair market value (see OAR 461-001-0000) of the asset. (i) For transfers made on or after the Date of Request for long-term care (see OAR 461-001-0000) or home and community-based care (see OAR 461-001-0030), this result is the uncompensated value. (ii) For transfers made before the date of request for long-term care (see OAR 461-001-0000) or home and community-based care (see OAR 461-001-0030), this result is the uncompensated value unless the financial group had countable (see OAR 461-001-0000) resources of less than the resource limit at the time of the first transfer. If the financial group had countable resources of less than the resource limit in OAR 461-160-0015 at the time of the first transfer. In that event the remainder (the resource limit minus the countable resources) is then credited by adding it to the other compensation received for the asset. (B) For an annuity, unless the individual verifies a lesser amount, the fair market value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees. (b) In all other programs, the value of the compensation received for the resource is subtracted from the fair market value of the resource. The remainder is added to the other countable resources at the time of the transfer. The amount by which the sum exceeds the resource limit is the uncompensated value. (c) The compensation received for a transferred asset includes; (A) Encumbrances assumed by the buyer; and (B) Goods or services provided to the individual, limited to their true value, if there was a prior agreement to exchange the asset for the goods or services. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 410.020, 411.060, 411.070, 411.404, 411.632, 411.706, 411.816, 412.049, 413.085, 414.685 & 414.839 History: SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020 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 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 11-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 9-30-06 AFS 5-2002, f. & cert. ef. 4-1-02 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0260 Disqualification Due to a Resource Transfer; SNAP In the SNAP program: (1) A financial group disqualified due to the transfer of a resource (described in OAR 461-140-0210 or 461-140-0220) is disqualified from receiving benefits starting on the date of the denial of benefits or on the effective date of the closure. The disqualification applies to each individual in the financial group during the month that the disqualifying transfer of resources occurred. (2) The duration of the disqualification is based on the amount of uncompensated value (see OAR 461-140-0250) as provided in the following chart: [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0263 Loss of Eligibility Due to Lottery or Gambling Winnings, SNAP In the SNAP Program: (1) A filing group (see OAR 461-110-0370) shall immediately lose SNAP benefit eligibility (see OAR 461-001-0000), and be sent proper decision notice (see OAR 461-001-0000), due to lottery or gambling winnings when an individual in the filing group , through a single lottery or gambling game: (a) Wins a cash prize, and (b) The amount of the winnings, before taxes or other amounts are withheld, is equal to or in excess of the resource limit listed under subsection (6)(a) of OAR 461-160-0015. (2) A filing group that loses SNAP benefit eligibility (see OAR 461-001-0000) under section (1) of this rule is not eligible for SNAP benefits , or to have SNAP eligibility determined using categorical eligibility, until they meet financial eligibility under the following SNAP resource and income requirements (see OAR 461-160-0400): (a) Resources must be below the resource limit set under OAR 461-160-0015, (b) Countable income (see OARs 461-001-0000 and 461-140-0010) must be below the countable income limit set at 130 percent of the federal poverty level under OAR 461-155-0180, except for a financial group (see OAR 461-110-0530) that includes an individual who is elderly (see OAR 461-001-0015) or has a disability (see OAR 461-001-0015), and (c) Adjusted income (see OAR 461-001-0000) must be below the adjusted income limit set at 100 percent of the federal poverty level under OAR 461-155-0180. (d) This provision applies to all types of categorical eligibility (see OAR 461-135-0505). Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11 History: SSP 15-2025, minor correction filed 07/29/2025, effective 07/29/2025 SSP 2-2022, adopt filed 01/25/2022, effective 01/26/2022
461-140-0266 Court Ordered Child Support Exclusion; SNAP Effective January 19, 2023, in the SNAP program: (1) Notwithstanding other rules in Chapter 461, child support payments made by a member of the filing group, including cash medical support and arrearages, are excluded to determine countable (see OAR 461-001-0000) income if they meet both of the following: (a) The child support payments are court ordered. (b) The child (see OAR 461-001-0000) for whom the payments are intended to support is not a member of the filing group . (2) When an individual cannot verify court-ordered child-support payments, the payments are not used to calculate the exclusion. When the individual provides verification, the exclusion is applied when calculating countable income. (3) This income exclusion is not subject to the provisions of OAR 461-140-0070. Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.816 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816, ORS 409.010, 411.825, 411.837, 7 CFR 273.9, 7 CFR 273.10 & 7 CFR 273.11 History: SSP 47-2023, adopt filed 09/25/2023, effective 10/01/2023