reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0230 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.404,
				  412.006 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.404,
				  412.006 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.404,
				  412.006 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.404,
				  412.006 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0255 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  412.049,
				  412.114,
				  412.161 &
				  418.647
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0260 - Impairment Criteria; SFPSS

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0310 - Basis of Need; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth. ORS
				  411.060,
				  411.070,
				  411.404, &
				  411.706
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.704 &
				  411.706
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0330 - Blindness as the Basis of Need

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0350 - Old Age as the Basis of Need; OSIP and OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
Only a person who has attained the age of 65 years may be
				eligible for the OSIP-OAA or OSIPM-OAA program.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404 &
				  411.706
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404 &
				  411.706
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0370 - Disability as the Basis of Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In the OSIP and OSIPM programs (except OSIP-EPD and OSIPM-EPD), an individual
			 meets the eligibility requirement to have a disability if the requirements of
			 one of the following subsections are met:
(a)
			 The individual is receiving Social Security Disability Income (SSDI) or
			 Supplemental Security Income (SSI) based on disability. Eligibility continues
			 as long as the individual remains eligible for SSDI or SSI.
(b) The individual was eligible for and
			 received Aid to the Disabled benefits in Oregon in December 1973. These
			 individuals continue to be eligible as long as they are continuously disabled
			 as defined by Oregon requirements that were in effect in 1973.
(c) The Department has determined the
			 individual meets the listing of impairments found in 20 C.F.R. Part 404,
			 Subpart P, Appendix 1; meets the medical vocational guidelines found in 20
			 C.F.R. Part 404, Subpart P, Appendix 2 for SSI; or meets the definition of
			 disability in
			 20 C.F.R. section
			 404.1505 or
			 416.905.
(d) The Social Security Administration (SSA)
			 has determined the individual meets the listing of impairments found in 20
			 C.F.R. Part 404, Subpart P, Appendix 1; meets the medical vocational guidelines
			 found in 20 C.F.R. Part 404, Subpart P, Appendix 2; or meets the definition of
			 disability in
			 20 C.F.R. section
			 404.1505 or
			 416.905.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0510 - Impairment Criteria; GA, GAM

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To be eligible for GA and GAM, an individual must meet one of the following
			 criteria:
(a) Have a physical or mental
			 impairment that meets or equals the listing of impairments found in 20 CFR 404,
			 Subpart P, Appendix 1, in effect November 1, 2003, and can be expected to:
(A) Last for a continuous period of not less
			 than 12 months from the date of request; or
(B) Result in death within 12 months from the
			 date of request.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0810 - Using Administrative Medical Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department is responsible for
			 making a decision of SFPSS disability determination, OSIP or OSIPM disability
			 or OSIP or 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.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.710,
				  412.014
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.710,
				  412.014,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0830 - Medical Documentation, Disability and Other Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0305 - General Provisions; Employment Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division of rules states:
(a) The requirements for an individual
			 participating in the employment programs of the Pre-TANF, REF, SNAP, and TANF
			 programs. The employment programs are the Jobs Opportunity and Basic Skills
			 (JOBS), REP, and SNAP Employment and Training (see OAR
			 461-001-0020) employment
			 programs. (The employment and training requirements for ABAWD individuals in
			 the SNAP program are also covered in OAR
			 461-135-0520.)
(b) The effect of a labor strike on the
			 eligibility of an individual for program benefits.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0310 - Participation Classifications: Exempt, Mandatory, and Volunteer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 Pre-TANF, REF, SNAP, and TANF programs:
(a)
			 The Department assigns an individual to one or more employment program
			 participation classifications:
exempt, mandatory,
and
volunteer
(see OAR
			 461-130-0305 for definitions of
			 all three terms).
(b)
			 Notwithstanding OAR 461-130-0503(2)(c), while receiving
Employment
			 Payments
(see OAR
			 461-001-0025) under OAR
			 461-135-1270, an individual is
			 classified as a
volunteer
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0315 - Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
The following provisions apply to a
mandatory
(see OAR 461-130-0305) client:
(1) A
mandatory
client
			 selected by the Department to participate in an employment program of the
			 Pre-TANF, REF, SNAP, or TANF programs must do all of the following:
(a) In the Pre-TANF or TANF programs, a JOBS
			 eligible (see OAR 461-130-0310) individual must:
(A) Accept a bona fide offer of employment,
			 whether temporary, permanent, full time, part time, or seasonal.
(B) Schedule and keep required
			 employment-related appointments and interviews.
(C) Notify the Department's case manager or
			 the JOBS contractor of the reason for not keeping employment-related
			 appointments and interviews, not attending scheduled classes and activities, or
			 not completing case management activities. Notification must be made within
			 three working days from the date of a missed appointment, interview, class, or
activity
(see OAR
			 461-001-0025).
(D) Provide the Department, in the manner the
			 Department requires, with verifiable documentation of JOBS participation hours,
			 including paid work, job search, and educational participation hours.
(E) In the TANF program, complete each
activity
(see OAR
			 461-001-0025) specified on the
case plan
(see OAR
			 461-001-0025).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0328 - Effect of Strikes

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0330 - Disqualifications; REF, SNAP, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 the REF, SNAP, and TANF programs, the Department may not disqualify from
			 program benefits an individual who is a
volunteer
(see OAR
			 461-130-0305 and
			 461-130-0310) participant in an
			 employment program.
(2) In the TANF
			 program, a JOBS eligible (see OAR
			 461-130-0310) individual who
			 fails to comply with an employment program participation requirement or the
			 requirements of OAR 461-135-0085, and does not have
good cause
(see OAR
			 461-130-0327) for the failure to
			 comply is subject to disqualification under this rule only after the individual
			 has had the opportunity to participate in the re-engagement process under OAR
			 461-190-0231.
(3) In the REF program, a
mandatory
individual who fails to comply with an employment
			 program participation requirement and does not have
good cause
for failure to comply is subject to disqualification under this rule only after
			 the individual has had the opportunity to participate in the re-engagement
			 process under OAR 461-190-0231.
(4) In the REF program, the effects of an REP
			 disqualification are progressive. There are two levels of disqualification:
(a) At the first level of disqualification,
			 the penalty is the removal of the disqualified individual from the
need
			 group
(see OAR
			 461-110-0630) for three months.
			 If the disqualified individual is the only member of the filing group (see OAR
			 461-110-0430), the assistance is
			 terminated.
(b) At the second
			 level, the penalty is the removal of the disqualified individual from the
need group
for six months. If the disqualified individual is
			 the only member of the filing group, the assistance is terminated.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0335 - Removing Disqualifications and Effect on Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant who would be subject to an
			 employment program disqualification under OAR
			 461-130-0330 but withdraws the
			 application before benefits are approved is not subject to
			 disqualification.
(2) In the REF,
			 SNAP, and TANF programs, a filing group (see OAR
			 461-110-0330,
			 461-110-0370, and
			 461-110-0430) is not subject to
			 the impact of a disqualification for a disqualified member who has left the
household group
(see OAR
			 461-110-0210).
(a) In the REF and SNAP programs, if the
			 member joins another filing group, that group is subject to the member's most
			 recent employment program disqualification.
(b) In the TANF program, if the member joins
			 another filing group, that group is not subject to the member's most recent
			 employment program disqualification.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0010 - Assumed, Continuous, and Protected Eligibility; OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule sets
			 out when medical program
eligibility
(see OAR
			 461-001-0000) of an individual
			 is assumed, continuous, or protected. An individual may be granted any
			 combination of assumed, continuous, or protected eligibility at the same
			 time.
(2) Assumed eligibility.
			 Assumed eligibility means an individual is assumed eligible for certain medical
			 programs because the individual receives or is deemed to receive benefits of
			 another program.
(a) An individual described
			 in paragraphs (A) or (B) of this subsection who meets the residency
			 requirements in OAR 461-120-0010, the requirements
			 in section (1) of OAR
			 461-120-0345, and the medical
			 assignment requirements in OAR
			 461-120-0315, is assumed
			 eligible for OSIPM.
(A) A recipient of
			 Supplemental Security Income (SSI) benefits.
(B) An individual deemed eligible for SSI
			 under Sections 1619(a) or (b) of the Social Security Act (42 U.S.C. 1382h(a) or
			 (b), which cover individuals with
			 disabilities whose impairments have not changed but who have become gainfully
			 employed and have continuing need for OSIPM.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0070 - Specific Requirements; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To be eligible for TANF program benefits:
(a)
			 An individual must be one of the following:
(A) A
dependent child
(see
			 OAR 461-001-0000). However, a
dependent child
for whom foster care payments are made is not
			 eligible while the payments are being made for the
dependent
			 child
.
(B) A
caretaker relative
(see OAR
			 461-001-0000) of an eligible
dependent child
when the
caretaker relative
:
(i) Is receiving TANF program benefits for
			 the
dependent child
, or
(ii) Is applying for TANF program benefits
			 for the
dependent child
.
(C) A
caretaker relative
of
			 a
dependent child
, when the
dependent child
is ineligible for TANF program benefits because of one of the following
			 reasons:
(i) The child is receiving
			 Supplemental Security Income (SSI).
(ii) The child is in foster care, but is
			 expected to return home within 30 days.
(D) A
parent
(see OAR
			 461-001-0000) of an unborn, as
			 follows:
(i) For the TANF program, any
parent
whose only child is an unborn child once the pregnancy
			 has reached the calendar month before the month in which the due date falls.
			 The Department waives the requirement for a pregnant individual to have reached
			 late pregnancy if an applicant is at risk of further or future
domestic
			 violence
(see OAR
			 461-001-0000).
(ii) For the TANF program, the
parent
of an unborn child, if there is another
dependent child
in the filing group.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0071 - TANF Time Limit; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  409.050,
				  411.060,
				  411.070,
				  412.006,
				  412.049,
				  412.079
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  411.060,
				  411.070,
				  412.006,
				  412.049,
				  412.064,
				  412.079
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0073 - TANF Time Limit; Extension Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0080 - TANF Eligibility for Minor Parents

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  411.060,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  412.049,
				  412.084
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0085 - Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the TANF program:
(1) For the purposes of this rule:
(a) "Assessment for substance abuse" means an
			 assessment performed by an appropriate licensed professional with the purpose
			 of discovering the presence of substance abuse.
(b) "Controlled substance" means a drug or
			 its immediate precursor classified in Schedules I through V under the
			 Controlled Substances Act, 21 U.S.C. 811 to
			 812, as modified under ORS
			 475.035. The use of the term
			 "precursor" in this subsection does not control and is not controlled by the
			 use of the term "precursor" in ORS
			 475.840 to
			 475.980. Alcohol is not a
			 controlled substance.
(c)
			 "Self-identified illegal use" means an individual states they illegally used a
controlled substance
within the previous 30 days. Illegal use
			 does not include the use of
a controlled substance
pursuant to
			 a valid prescription, or other use authorized by the Uniform Controlled
			 Substances Act, ORS 475.005 to
			 475.285 and
			 475.840 to
			 475.980, the federal Controlled
			 Substances Act, or other Federal law.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0089 - Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
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
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0200 - Multiple Disqualifications; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  411.060,
				  418.040,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  418.040,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0220 - REF, REFM, and TANF Programs; Pandemic

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0300 - Eligibility for and Needs Covered by EA

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0301 - Closure of the Emergency Assistance (EA) Program Effective May 1, 2004

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 January 1, 2003, the EA program is not funded. Notwithstanding other rules of
			 the Department, the program is closed effective that date.
(2) Effective December 31, 2002, all persons
			 eligible for or receiving benefits of the program become ineligible for the
			 program. The Department will not authorize or provide any benefit for any
			 period after December 31, 2002 except as provided below in this rule.
(3) Effective December 1, 2003, the EA
			 program is funded. The program is open effective that date for any person who
			 meets the eligibility requirements on or after December 1, 2003.
(4) Effective May 1, 2004, the EA program is
			 not funded. Notwithstanding other rules of the Department, the program is
			 closed effective that date.
(5)
			 Effective April 30, 2004, all persons eligible for or receiving benefits of the
			 EA program become ineligible for the program. The Department will not authorize
			 or provide any benefit for any period after April 30, 2004.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0310 - Covered Shelter Needs; EA

Current through Register Vol. 63, No. 7, July 1, 2024
The following shelter needs are specifically covered by the
				Emergency Assistance program:
(1)
			 Rent, mortgage, and utility costs, including basic payments, connection
			 charges, and deposits.
(2) Moving
			 costs.
(3) Property tax up to one
			 year, if necessary to avoid foreclosure.
(4) Transportation to another area or
			 residence.
(5) Repairs to provide
			 safe housing, including one-time house, electrical, and plumbing repairs if
			 essential to the health and safety of the occupants and if less costly than
			 moving to other quarters. Repairs are authorized under this section only for
			 clients who are homeowners or holders of a life estate.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0320 - Time Limits; EA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 financial group determined eligible for EA is eligible for assistance for 30
			 consecutive days for any needs covered by OAR
			 461-135-0300 and
			 461-135-0310.
(2) A benefit group is not eligible for the
			 EA program until the first day of the twelfth month following the start of a
			 previous period of eligibility in Oregon. This limitation applies to the whole
			 group if any member of the group is affected by it.
(3) The limitation in section (2) does not
			 apply if its application would make it more difficult for the client to escape
domestic violence
or place the client at risk of further
domestic violence
.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0340 - Work Requirements; EA

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for EA, an adult filing group member or a
dependent child
, if required to participate in the JOBS
				program, must not have done any of the following without
good
				cause
(see OAR
				461-130-0327) in the 30 days
				before receiving emergency assistance benefits:
(1) Quit or refused a job.
(2) Refused a referral to a job or
			 training.
(3) Been discharged for
			 misconduct in accordance with the unemployment insurance compensation laws of
			 Oregon.
(4) Reduced his or her
			 earnings.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0350 - Eligible People; EA

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for EA, a client must be a
dependent
				child
(defined in OAR
				461-135-0070), a
caretaker relative
(defined in OAR
				461-135-0070(1)(b) or
				(c)), or the mother of an unborn child whose
				pregnancy has reached the calendar month before the month in which the due date
				falls.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  329A.500,
				  409.050,
				  411.060 &
				  411.070
Statutes/Other Implemented: ORS
				  329A.500,
				  409.010,
				  409.050,
				  409.610,
				  411.060,
				  411.070,
				  411.122,
				  411.141,
				  418.485 & HB 3073 Oregon
				  2021 Reg. Sess.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0405

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  411.060,
				  411.116,
				  412.049 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  409.010,
				  409.050,
				  409.610,
				  411.060,
				  411.116,
				  411.122 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0415

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  409.610,
				  411.060,
				  411.070,
				  411.122
Stats. Implemented: ORS
				  409.050,
				  409.610,
				  411.060,
				  411.070,
				  411.122
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0440

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  131.715,
				  329a.500, ORS
				  84.001, ORS
				  411.060,
				  411.070,
				  412.006,
				  412.049,
				  409.050,
				  84.061,
				  84.004,
				  84.007,
				  84.010,
				  84.013,
				  84.014,
				  84.016,
				  84.019,
				  84.022,
				  84.025,
				  84.028,
				  84.031,
				  84.034,
				  84.037,
				  84.040,
				  84.043,
				  84.046,
				  84.049,
				  84.052,
				  84.055 &
				  84.058
Statutes/Other Implemented: ORS
				  411.122,
				  411.141,
				  418.485, ORS
				  131.715,
				  329a.500, ORS
				  84.001, ORS
				  411.060,
				  411.070,
				  412.006,
				  412.049,
				  409.610,
				  84.061,
				  84.004,
				  84.007,
				  84.010,
				  84.013,
				  84.014,
				  84.016,
				  84.019,
				  84.022,
				  84.025,
				  84.028,
				  84.031,
				  84.034,
				  84.037,
				  84.040,
				  84.043,
				  84.046,
				  84.049,
				  84.052,
				  84.055,
				  84.058 &
				  329a.260
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0475 - Specific Requirements; Pre-TANF Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule explains specific requirements
			 for the Pre-TANF program. The
eligibility
(see OAR
			 461-001-0000) criteria of the
			 Pre-TANF program are the same as the TANF program. It is not the intent of the
			 Pre-TANF program to delay the start of TANF program benefits. The purposes of
			 the Pre-TANF program are:
(a) To help
			 individuals find employment or other alternatives.
(b) To assess the employment potential of
			 individuals.
(c) To help
			 individuals determine the service level needed to enhance their employability
			 and their likelihood of becoming self-sufficient.
(d) To determine if a needy
caretaker
			 relative
(see OAR
			 461-001-0000) has or may have a
barrier
(see OAR
			 461-001-0025) to employment or
			 to
family stability
(see OAR
			 461-001-0000).
(e) To develop an individualized
case
			 plan
(see OAR
			 461-001-0025), when appropriate,
			 that establishes goals and identifies suitable activities (see OAR
			 461-001-0025) that promote
family stability
and financial independence.
(f) To provide basic living expenses, as
			 described in section (5) of this rule, immediately to families in
			 need.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0485 - Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program; Pre-TANF and TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Employability screening" means the form
			 or forms DHS has designated as the employability screening tool for TANF
			 program eligibility.
(b) "Overview
			 of the JOBS program" means a discussion about the requirements and services
			 provided under the JOBS program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0491 - Disaster Supplemental Nutrition Assistance Program (DSNAP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 461-135-0491 to
			 461-135-0497 apply only to the
			 Disaster Supplemental Nutrition Assistance Program and only to a disaster
			 benefit period and location authorized by the Food and Nutrition Service.
(2) The regular SNAP program
			 continues to operate during a disaster benefit period and continues to process
			 applications and make eligibility determinations in the normal manner.
(3) The following definitions
			 apply to OAR 461-135-0491 to
			 461-135-0497:
(a) "DSNAP" refers to the Disaster
			 Supplemental Nutrition Assistance Program.
(b) "FNS" refers to the Food and Nutrition
			 Services, United States Department of Agriculture.
(c) "Household" refers to all individuals
			 living and sharing food together at the time of the disaster who choose to
			 apply together.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0492 - Application, Interviews, and Verification for DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to replace food which was
			 purchased with SNAP benefits and lost during a disaster does not require an
			 application for DSNAP to be processed. See OAR
			 461-165-0230 for the processing
			 of replacement requests.
(2) The
			 Department may be approved by the Food and Nutrition Service of the United
			 States Department of Agriculture (USDA) to issue mass supplements, as described
			 at OAR 461-135-0494, to a current SNAP
filing group
(see OAR
			 461-110-0370). All others must
			 complete the application process to receive DSNAP benefits.
(3) To file an application for DSNAP, a
household
(see OAR
			 461-135-0491) must submit a
			 completed application (DHS 349).
(a) The
household
may submit this application through the mail or at a
			 certification site in person or through an
authorized representative
(as described at OAR
			 461-115-0090).
(b) The application must be filed before the
			 expiration of the period during which FNS has authorized the Department to
			 process and approve applications for DSNAP.
(c) The application must be signed by a
			 responsible member of the
household
or by an
authorized representative
designated by the
household
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0493 - Eligibility and Benefit Amount for DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for emergency SNAP
			 assistance during a disaster, a
household
(see OAR
			 461-135-0491) must meet all the
			 following criteria:
(a) At the time the
			 disaster struck, the
household
must have resided or a member
			 of the
household
must have worked within the geographical area
			 authorized by Food and Nutrition Service (FNS) for disaster procedures. The
household
may be certified for emergency SNAP assistance, even
			 if at the time of application it is occupying temporary accommodations outside
			 the disaster area. However, the representative of the
household
must be present at the disaster certification site
			 to be certified for DSNAP assistance.
(b) The
household
must
			 purchase food during the disaster period authorized by FNS. A
household
residing in a temporary shelter but not expected to
			 remain in the shelter for the entire benefit period is eligible for DSNAP
			 program benefits.
(c) The
household
may not receive a food box under the Disaster
			 Household Distribution Program authorized under TEFAP during the DSNAP
			 application period.
(d) The
household
may not receive benefits under Food Distribution
			 Program on Indian Reservations (FDPIR) during the DSNAP benefit period
			 authorized by FNS.
(e) The
household
must have experienced at least one of the following
			 adverse effects due to the disaster:
(A) Loss
			 or inaccessibility of income involving a reduction or termination of income or
			 a significant delay in receipt of income. This effect could occur if the
			 disaster has caused a place of employment to close or reduce its work days, if
			 pay checks or other payments are lost or destroyed, or if there is a
			 significant delay in the issuance of pay checks or other payments. This effect
			 could also occur if the work location is inaccessible due to the
			 disaster.
(B) Inaccessibility of
			 liquid resources. The
household
is unable to reach its cash
			 resources and is not expected to be able to access its liquid resources for
			 most of the disaster benefit period authorized by FNS. This inaccessibility may
			 occur because the financial institutions where the
household
has its resources are closed due to the disaster and there is no access to ATMs
			 or on-line banking.
(C) Loss of
			 food that is not eligible for a SNAP benefit replacement.
(D) Disaster-related expenses were paid under
			 subsection (2)(b) of this rule.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0494 - DSNAP Treatment of Households Already Certified and Receiving SNAP Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mass
			 Supplementation emergency SNAP assistance from the DSNAP program may be issued
			 to an eligible
filing group
(see OAR
			 461-110-0370) certified for SNAP
			 benefits prior to the disaster.
(a) The DSNAP
			 benefits are calculated using the maximum disaster benefits for the
household
(see OAR
			 461-135-0491) minus the regular
			 SNAP allotment of the
benefit group
(see OAR
			 461-110-0750) for the benefit
			 period.
(b) A
benefit
			 group
currently receiving SNAP benefits may receive a supplement by
			 applying for DSNAP according to OAR
			 461-135-0492.
(c) The Department may issue Mass
			 Supplementation, without requests, to a
benefit group
currently receiving SNAP in all or a portion of the disaster area if it is
			 determined the area meets the federal criteria for Mass Supplementation and is
			 approved by the Food and Nutrition Service of the United States Department of
			 Agriculture (USDA).
(d) Neither an
			 application nor an interview is required for a
benefit group
currently receiving SNAP to receive Mass Supplementation emergency SNAP
			 assistance from the DSNAP program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0495 - Recertifications for DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 certified household that has already received emergency benefits may apply for
			 recertification and receive additional SNAP benefits for an additional benefit
			 period if:
(a) The household still meets the
			 disaster eligibility criteria; and
(b) FNS extends the authorization period
			 beyond the end of the original disaster benefit period and authorizes the
			 Department to permit certified households who have already received emergency
			 benefits to apply for recertification.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0496 - Hearings for DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 household denied emergency SNAP benefits is entitled to an expedited hearing as
			 provided under OAR 461-025-0315.
(2) A household requesting a hearing must be
			 offered an immediate supervisory review of its case.
(3) The supervisory review does not replace
			 the expedited hearing. If the situation is resolved by the supervisory review:
(a) The request for a hearing may be
			 withdrawn if the client withdraws the hearing in writing; or
(b) The Department may request a final order
			 that documents the agreed resolution under OAR
			 137-003-0510(4)
			 and 137-003-0665(5).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0497 - Household Liability in the DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Households are held liable for any
			 overissuances or overpayments discovered in the course of post-disaster audit
			 activities.
(2) The Department
			 establishes claims and applies penalties in accordance with OAR
			 461-195-0501 to
			 461-195-0621 against any
			 household that received more DSNAP benefits than it was entitled to
			 receive.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0498 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS
				  411.806 -
				  411.845
Stats. Implemented: ORS
				  411.806 -
				  411.845