Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0075 - TANF Time Limit; Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following months do not count toward the accrual of the time limit in OAR
			 461-135-0071:
(a) Months prior to July 1, 2003 in which a
			 minor parent (see OAR
			 461-001-0000) head of household
			 or an adult received a TANF grant in Oregon or another state.
(b) Months between July 1, 2003 and September
			 30, 2007 in which a minor parent head of household or adult received TANF in
			 Oregon; and
(A) Participated in required JOBS
			 activities or other education, employment, or job training program including
			 teen parent (see OAR 461-001-0000) programs;
			 or
(B) Was not required to
			 participate in JOBS activities or other education, employment, or job training
			 program including teen parent programs.
(c) Months between October 1, 2007 and June
			 30, 2009 and months between October 1, 2011 and April 30, 2012 in which the
			 filing group (see OAR
			 461-110-0330) is a two-parent
			 family receiving cash assistance in Oregon for which deprivation is based on
			 unemployment or underemployment.
(d) Months beginning October 1, 2007 in which
			 a minor parent head of household or adult received aid in Oregon and is a
			 participant in the Degree Completion Initiative (DCI) activity (see OAR
			 461-001-0025) enrolled in an
			 educational institution.
(e) Months
			 beginning October 1, 2008 in which a minor parent head of household or adult
			 received aid in Oregon and is a participant in the Parents as Scholars (PAS)
			 activity (see OAR 461-001-0025) enrolled in an
			 educational institution consistent with OAR
			 461-190-0199.
(f) Months between October 1, 2007 and March
			 31, 2016 in which the individual is unable to obtain or maintain employment for
			 a sufficient number of hours in a month to satisfy the federally required
			 participation rates (see OAR
			 461-001-0025) because the
			 individual:
(A) Was a survivor of domestic
			 violence (see OAR 461-001-0000);
(B) Had a certified learning
			 disability;
(C) Had a verified
			 alcohol and drug or mental health condition;
(D) Had a child (see OAR
			 461-001-0000) with a disability
			 (see OAR 461-001-0000), which prevented
			 the parent (see OAR 461-001-0000) from obtaining or
			 keeping employment;
(E) Was an
			 individual with a disability;
(F)
			 Was providing care for a family member who lived in the home and was an
			 individual with a disability;
(G)
			 Was deprived of needed medical care; or
(H) Was subjected to battery or extreme
			 cruelty. For purposes of this rule, an individual was subjected to battery or
			 extreme cruelty if the individual was subjected to one or more of the
			 following:
(i) Physical acts that resulted in,
			 or threatened to result in, physical injury to the individual.
(ii) Sexual abuse.
(iii) Sexual activity involving a dependent
			 child.
(iv) Being forced as the
			 caretaker relative (see OAR
			 461-001-0000) of a dependent
			 child (see OAR 461-001-0000) to engage in
			 nonconsensual sexual acts or activities.
(v) Threats of, or attempts at, physical or
			 sexual abuse.
(vi) Mental
			 abuse.
(vii) Neglect or deprivation
			 of medical care.
(g) Months beginning July 1, 2003 in which
			 the parent or needy caretaker relative resided in Indian Country (as defined in
			 18 U.S.C.
			 1151) and 50 percent or more of the adult
			 residents of that area were unemployed. The Department considers an individual
			 to meet the requirements of this subsection if:
(A) The individual resides on an Indian
			 reservation, tribal allotment, or Dependent Indian Community as defined by the
			 Bureau of Indian Affairs; or
(B)
			 The individual is a member of one of the nine federally-recognized tribes in
			 Oregon and resides in a county listed in subparagraph (ii) of this paragraph.
(i) The nine federally-recognized tribes in
			 Oregon are Burns Paiute Tribe; Confederated Tribes of the Coos, Lower Umpqua
			 and Siuslaw Indians; Confederated Tribes of the Grand Ronde Community of
			 Oregon; Confederated Tribes of the Siletz Indians; Confederated Tribes of the
			 Umatilla Reservation; Confederated Tribes of Warm Springs; Coquille Indian
			 Tribe; Cow Creek Band of the Umpqua Tribe of Indians; and Klamath
			 Tribes.
(ii) The following Oregon
			 counties are covered under paragraph (B) of this subsection for October 1, 2017
			 to September 30, 2018: Coos, Crook, Curry, Douglas, Josephine, and
			 Lincoln.
(h)
			 Months beginning October 1, 2007 in which the minor parent head of household or
			 adult is a participant in the JOBS Plus, Pre-TANF, or SFPSS program.
(i) Months beginning October 1, 2007 in which
			 the individual who is now a parent or pregnant was in that month a minor child
			 and neither the head of a household nor married to the head of a
			 household.
(j) Months beginning
			 October 1, 2011 in which the minor parent head of household or adult is a
			 participant in the JPI program.
(k)
			 Months in which the minor parent head of household or adult is a recipient of
			 Employment Payments (see OAR
			 461-001-0025 and
			 461-135-1270) unless a TANF
			 payment was issued in the same month.
(l) Months between July 1, 2008 and April 30,
			 2012 in which the individual did not qualify for any other TANF time-limit
			 exemption under this rule, and was unable to obtain or maintain employment for
			 a sufficient number of hours in a month to satisfy the federally required
			 participation rates (see OAR
			 461-001-0025) when Oregon's
			 statewide average unemployment rate as published by the Oregon Employment
			 Department was equal to or greater than seven percent. For purposes of this
			 rule, this determination:
(A) Through
			 December 31, 2011 is calculated based on a six-month period as follows:
(i) The time period during July 1, 2008
			 through June 30, 2009 was based on Oregon's statewide average unemployment rate
			 as published by the Oregon Employment Department for the period July 1, 2008
			 through December 31, 2008.
(ii) In
			 each six-month period, starting July 1, 2009 and ending December 31, 2011:
(I) The time period during January 1 through
			 June 30 was based on Oregon's statewide average unemployment rate as published
			 by the Oregon Employment Department for the period April 1 through September 30
			 of the preceding year.
(II) The
			 time period during July 1 through December 31 was based on Oregon's statewide
			 average unemployment rate as published by the Oregon Employment Department for
			 the period October 1 through December 31 of the preceding year and January 1
			 through March 31 of the current year.
(B) From January 1, 2012 through April 30,
			 2012 was based on Oregon's statewide average unemployment rate as published by
			 the Oregon Employment Department for the period April 1 through September 30,
			 2011.