reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0190 - Application Processing Time Frames; Not Pre-TANF or SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all programs except the EA, Pre-TANF,
			 REF, SFPSS, SNAP, TA-DVS, and TANF programs, the Department determines
			 eligibility and sends a
decision notice
(see OAR
			 461-001-0000) not later than the
			 45th day after the
date of request
(see OAR
			 461-115-0030). The Department
			 may extend the period if one or more of the following subsections applies:
(a) Information needed to determine
			 eligibility is expected to be received after the 45-day deadline, and the
			 client has no control over the information.
(b) Other circumstances beyond the control of
			 the client prevent the Department from making the decision within the 45-day
			 period.
(c) In the OSIPM program,
			 the applicant has met all eligibility requirements except the Department must
			 determine whether the applicant is blind or has a disability. In this case, the
			 Department determines eligibility and sends a decision notice not later than
			 the 90th day after the
date of request
. The Department may
			 extend this period for any of the following reasons:
(A) The Department cannot reach a decision
			 because the client or an examining physician or psychologist has not taken an
			 action necessary for the decision to be made.
(B) There is an administrative or other
			 emergency beyond the Department's control that impairs its ability to make the
			 decision.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0210 - Application Processing Time Frames; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies in the SNAP program to
			 an initial application and at recertification.
(2) The Department will determine eligibility
			 and provide the benefit group the opportunity to participate as soon as
			 possible. The application processing time frame for regular service is the 30
			 days immediately following the filing date (see OAR
			 461-115-0040) and not later than
			 the 7th day following the filing date for expedited service.
(3) The application processing time frame for
			 regular service includes:
(a) An interview as
			 soon as possible but not later than 20 days after the filing date (see OAR
			 461-115-0230 regarding
			 interviews);
(b) Completion of
			 required verification; and
(c) The
			 eligibility determination.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0230 - Interviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the REF,
			 REFM, and TANF programs,
(a) An interview
			 with an adult in the filing group (see OAR
			 461-110-0330 and OAR
			 461-110-0430) or the
authorized representative
(OAR
			 461-115-0090) of the filing
			 group is required at initial application and renewal of benefits.
(b) An interview may be conducted via phone,
			 office visit or offsite location.
(c) A face-to-face interview must be granted
			 at the applicant's request.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0232

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816,
				  411.825
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0430 - Periodic Redeterminations or Renewal; Not EA, SNAP, or TA-DVS

Current through Register Vol. 63, No. 7, July 1, 2024
The Department periodically reviews
eligibility
(see OAR
				461-001-0000) of individuals
				receiving benefits and assigns a redetermination or renewal date by which the
				next review of
eligibility
is required. The Department selects
				the redetermination or renewal date based on the individual's circumstances and
				according to the following requirements:
(1) In the GA program, the Department
			 redetermines
eligibility
at least once every 12
			 months.
(2) In the OSIP, OSIPM, and
			 QMB programs, the Department reviews
eligibility
at least once
			 every 12 months and in accordance with OAR
			 410-200-0110. The
			 redetermination or renewal provisions for "HSD Medical" programs in OAR
			 410-200-0110 are also the
			 provisions for OSIP, OSIPM, and QMB programs.
(3) The REF and REFM programs are time
			 limited programs; therefore, no periodic redeterminations are made.
(4) In the SFPSS program, the Department
			 redetermines
eligibility
at least once every 12 months. The
			 Department redetermines program
eligibility
by redetermining
eligibility
for the TANF program.
(5) In the TANF program, benefits will end
			 the last day of the
certification period
(see OAR
			 461-001-0000). The Department
			 redetermines
eligibility
according to the following schedule:
(a) At least once every six months if the
			 citizenship or noncitizen status requirements of OAR
			 461-120-0110(1)
			 were waived for a
caretaker
(see OAR
			 461-001-0000) in the
benefit group
(see OAR
			 461-110-0750) based on a risk of
			 further or future
domestic violence
(see OAR
			 461-001-0000).
(b) At least once every 12 months for all
			 other individuals.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0450 - Periodic Redeterminations; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the Supplemental Nutrition Assistance Program (SNAP), the
				Department selects the
certification period
(see OAR
				461-001-0000) and the
				redetermination date based on the individual's circumstances and according to
				the following considerations:
(1) The
			 length of the
certification period
depends on how far in
			 advance the circumstances affecting the group's eligibility can be predicted
			 but may not exceed 12 months except as outlined in sections (2) and (4) of this
			 rule.
(2) The
certification
			 period
may be extended beyond 12 months in each of the following
			 situations:
(a) To the end of the
			 Transitional Benefit Alternative (TBA) period if the individual becomes
			 eligible for transitional benefits (see OAR
			 461-135-0506). If eligibility
			 for TBA ends early, the
certification period
is changed to end
			 on the last day of the month.
(b)
			 To include the month after the individual finishes working under a Temporary
			 Assistance for Needy Families (TANF) Job Opportunity and Basic Skills (JOBS)
			 Plus Agreement. If the agreement ends early, the
certification
			 period
is changed to end on the original recertification date or on
			 the last day of the month following the month in which the JOBS Plus agreement
			 ends, whichever is later.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070
Stats. Implemented: ORS
				  411.060,
				  411.070
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0610 - Verification; General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be
			 eligible for benefits, individuals must provide verification when the
			 Department requests verification. The Department will notify an individual when
			 verification, or additional verification, of any factor affecting eligibility
			 or benefit level is required.
(2)
			 Verification provided for one program is considered for all programs in which
			 the individual participates. The Department will notify an individual when a
			 particular method of verification is required. More information about what
			 methods are accepted is in the following Oregon Administrative Rules:
(a) In the GA, OSIP, OSIPM, and QMB programs,
			 see OAR 461-115-0700 and
			 461-115-0704.
(b) In the SNAP program, see OAR
			 461-115-0651 and
			 461-115-0690.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0651 - Required Verification and When to Verify; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must give households at
			 least 10 days to provide required verification.
(2) All of the following information must be
			 verified when an individual initially applies for SNAP benefits:
(a) The identity of the applicant and any
			 authorized representative or alternate payee.
(b) Noncitizen status.
(c) Social Security Number (SSN) or
			 application for an SSN.
(d)
			 Countable income.
(e) Medical
			 expenses, if they are used as a deduction.
(f) Effective January 19, 2023, an order to
			 pay child support and the amount actually paid, if the child for which the
			 support is paid is not in the individual's SNAP household group and the child
			 support payments are used as an exclusion.
(g) Any information that is incomplete,
			 inaccurate, inconsistent, or outdated, including unresolved issues that impact
			 eligibility (see OAR 461-001-0000) or the benefit
			 amount.
(h) For an ABAWD who
			 resides in a SNAP time limit county (see OAR
			 461-135-0520):
(A) Work hours.
(B) The number of countable months (see OAR
			 461-135-0520) used in another
			 state if the individual is applying for food benefits after receiving food
			 benefits in another state.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0690 - Verification For SNAP Expedited Service; Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes verification requirements for expedited
				services in the SNAP program.
(1) An
			 applicant meeting the SNAP program expedited services criteria under OAR
			 461-135-0575 and determined
			 eligible for SNAP benefits must provide verification of his or her identity
			 either through a collateral contact or documentary evidence before benefits may
			 be issued. Benefits may not be delayed solely because other eligibility factors
			 are not verified. The filing group (see OAR
			 461-110-0370) must provide the
			 postponed verification within the timeframes established in section (3) of this
			 rule.
(2) A filing group that was
			 receiving SNAP benefits in another state during the same month the filing group
			 applies for expedited services in Oregon must verify that the filing group will
			 not use SNAP benefits from both the other state and Oregon in the same month.
			 The filing group may provide the verification by signing a statement attesting
			 to the following:
(a) The filing group did
			 not receive SNAP benefits from the other state for the month in which the
			 filing group is applying for SNAP benefits in Oregon; and
(b) If the filing group receives SNAP
			 benefits from the other state for a month in which the filing group receives
			 SNAP benefits in Oregon, the filing group must comply with the following
			 requirements:
(A) The filing group may not
			 use the other state's SNAP benefits; and
(B) The filing group must report receipt of
			 the other state's SNAP benefits and turn them in to the Department within five
			 days of receipt. Failure to comply with this requirement constitutes an
			 intentional program violation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0700 - Required Verification; GA, OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
In the GA, OSIP, OSIPM, and QMB programs:
(1) All
eligibility
(see OAR
			 461-001-0000) factors, including
			 identity, must be verified at initial application, when there is a change to
			 any factor, and whenever
eligibility
for benefits becomes
			 questionable. See OAR
			 461-115-0704 for the
			 requirements to provide verification of citizenship and immigration
			 status.
(2) Methods of verifying
			 information include the following:
(a)
			 Electronic. Information available and provided to the Department from an
			 electronic source, including but not limited to:
(A) State Wage Information Collection
			 Agency.
(B) Internal Revenue
			 Service.
(C) Social Security
			 Administration.
(D) State
			 Unemployment Compensation Agency.
(E) State agencies administering programs
			 under Title 1, 10, 14, or 16 of the Social Security Act.
(F) SNAP agencies.
(G) Other insurance affordability
			 programs.
(H) The Department of
			 Treasury.
(I) The Department of
			 Homeland Security.
(J) Asset
			 Verification System.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0704 - Required Verification of Citizenship and Noncitizen Status; OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIP, OSIPM, and QMB programs:
(1) The Department must verify an
			 individual's declaration of citizenship or qualified noncitizen status (see OAR
			 461-120-0130):
(a) At initial application;
(b) When a change is reported; and
(c) When the Department has received reliable
			 information indicating a potential change in the individual's citizenship or
			 qualified noncitizen status.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0715 - Required Verification; SFPSS

Current through Register Vol. 63, No. 7, July 1, 2024
In the SFPSS program, all eligibility factors must be verified
				during the initial determination period, when there is a change to any factor,
				and whenever eligibility for benefits becomes questionable.
Stat. Auth.: ORS
				  411.060,
				  418.100, 2007 OL 861
Stats. Implemented: ORS
				  411.060,
				  418.100, 2007 OL 861
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0010 - Residency Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be
			 eligible for benefits, an individual must be a resident of Oregon.
(2) Except as provided otherwise in OAR
			 461-120-0030 and this rule, an
			 individual is a resident of Oregon if the individual lives in Oregon.
(3) There is no minimum amount of time an
			 individual must live in Oregon to be a resident. However, the individual must
			 intend to remain in Oregon except in the following situations:
(a) EA may be issued to help an individual
			 return to a former state of residence.
(b) In the OSIPM, QMB, and REFM programs,
			 when an individual is presumed incapable of forming an intent to reside under
			 OAR 461-120-0050.
(c) In the OSIPM, QMB, REF, and TANF
			 programs, an individual is considered a resident if the individual entered
			 Oregon with a job commitment or looking for work, and is not receiving benefits
			 from another state.
(d) The SNAP
			 program does not require intent to remain to establish residency.
(e) In the TA-DVS program, to the extent
			 permitted under OAR 461-135-1200.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0030 - State of Residence for an Individual in a Medical Facility

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM, QMB, and REFM programs, the residency of an
				individual living in a state or private medical facility such as a hospital,
				mental hospital, nursing home, or convalescent center is determined as follows:
(1) An individual 21 years of age or
			 older who is capable of indicating intent to reside is considered to be a
			 resident of the state where the individual is living with the intention to
			 remain permanently or for an indefinite period.
(2) An individual 21 years of age or older
			 who became incapable of indicating intent to reside (see OAR
			 461-120-0050) after attaining 21
			 years of age is considered to be a resident of the state where the facility is
			 located unless the individual was placed in the facility by a state agency of
			 another state. When a state agency of another state places an individual, the
			 individual is considered to be a resident of the state that makes the
			 placement.
(3) For an individual
			 age 21 or older who became incapable of indicating intent to reside before
			 attaining 21 years of age, the state of residence is one of the following:
(a) The state of residence of the parent
			 applying on the individual's behalf if the parents reside in separate states
			 (if a legal guardian has been appointed and parental rights are terminated, the
			 state of residence of the guardian is used instead of the parent's);
(b) The parent's or legal guardian's state of
			 residence at the time of placement (if a legal guardian has been appointed and
			 parental rights are terminated, the state of residence of the guardian is used
			 instead of the parent's); or
(c)
			 The current state of residence of the parent or legal guardian who files the
			 application if the individual is institutionalized in that state (if a legal
			 guardian has been appointed and parental rights are terminated, the state of
			 residence of the guardian is used instead of the parent's).
(d) The state of residence of the individual
			 or party who files an application if the individual has been abandoned by his
			 or her parents, does not have a legal guardian, and is institutionalized in
			 that State.
(e) Oregon, if the
			 individual has been receiving medical assistance in Oregon continuously since
			 November 1, 1981, or is from a state with which Oregon has an interstate
			 agreement that waives the residency requirement.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0050 - Incapable of Stating Intent to Reside; OSIPM, QMB, REFM, and SAC

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM, QMB, and REFM programs, an individual is presumed
				to be incapable of forming an intent to reside if the individual meets the
				requirements of one or more of the following sections:
(1) The individual is assessed with an IQ of
			 49 or less, based on a test acceptable to the Department.
(2) The individual has a mental age of seven
			 years or less, based on tests acceptable to the Department.
(3) The individual is judged legally
			 incompetent by a court of competent jurisdiction.
(4) The individual is found incapable of
			 indicating intent to reside based on documentation provided by a physician,
			 psychologist or other professional licensed by the state of Oregon in the field
			 of intellectual disabilities.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  414.231
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  414.231
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0110 - Citizenship and Noncitizen Status Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in sections (4) and
			 (5) of this rule, in all programs except the OSIPM-Healthier Oregon, REF, and
			 REFM programs, to be a member of a
benefit group
(see OAR
			 461-110-0750) an individual must
			 meet the requirements of at least one of the following subsections:
(a) Be a citizen of the United States.
			 Members or citizens of federally-recognized, sovereign American Indian and
			 Alaska Native nations or tribes as defined in section (4)(e) of the Indian
			 Self-Determination and Education Act (25 U.S.C.
			 450b(e)), are members or
			 citizens of their sovereign nation or tribe and citizens of the United
			 States.
(b) Meet the noncitizen
			 status requirements in OAR
			 461-120-0125.
(c) Be a citizen of Puerto Rico, Guam, the
			 Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana
			 Islands.
(d) Be a national from
			 American Samoa or Swains Islands.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0125 - Noncitizen Status Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An individual who must meet noncitizen status requirements
				under OAR 461-120-0110, must meet the
				noncitizen status requirements of the program for which they are applying. The
				requirements are listed in sections (2) through (6) of this rule.
(1) For purposes of this chapter of rules,
(a) In all programs, an individual is a
			 "qualified noncitizen" if the individual is any of the following:
(A) An individual who is lawfully admitted
			 for permanent residence under the Immigration and Nationality Act (INA)
			 (8 U.S.C.
			 1101
et seq
).
(B) An Iraqi or Afghan individual granted
			 special immigrant visa status (SIV) under section 101(a)(27) of the INA. These
			 individuals are lawfully admitted for permanent residence under the
			 INA.
(C) An individual who is an
			 "Amerasian" who is granted immigration status under section 584 of Public Law
			 100-202; the Foreign Operations, Export Financing, and Related Program
			 Appropriations Act of 1988; as amended by Public Law 100-461. These individuals
			 are lawfully admitted for permanent residence under the INA.
(D) An individual who is admitted to the
			 United States as a refugee under section 207 of the INA (8 U.S.C.
			 1157).
(E) An individual who is granted asylum under
			 section 208 of the INA (8
			 U.S.C. 1158).
(F) An individual who is a "Cuban or Haitian
			 entrant" (as defined in section 501(3) of the Refugee Education Assistance Act
			 of 1980).
(G) An individual who is
			 a "victim of a severe form of trafficking in persons" certified under the
			 Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
			 7101 to
			 7112).
(H) An individual who is a family member of a
			 "victim of a severe form of trafficking in persons" who holds a visa for family
			 members authorized by the Trafficking Victims Protection Reauthorization Act of
			 2003 (22 U.S.C.
			 7101 to
			 7112).
(I) An individual whose deportation is being
			 withheld under section 243(h) of the INA (8 U.S.C.
			 1253(h)) (as in effect
			 immediately before April 1, 1997) or section 241(b)(3) of the INA
			 (8 U.S.C.
			 1231(b)(3)) (as amended by
			 section 305(a) of division C of the Omnibus Consolidated Appropriations Act of
			 1997, Pub. L. No.
			 104-208, 110 Stat. 3009-597 (1996)).
(J) An individual who is paroled into the
			 United States under section 212(d)(5) of the INA (8 U.S.C.
			 1182(d)(5)) for a period of
			 at least one year.
(K) An
			 individual who is granted conditional entry pursuant to section 203(a)(7) of
			 the INA (8 U.S.C.
			 1153(a)(7)) as in effect
			 prior to April 1, 1980.
(L) An
			 individual who is a battered spouse or dependent child who meets the
			 requirements of 8 U.S.C.
			 1641(c), as determined by
			 the U.S. Citizenship and Immigration Services (USCIS).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0125 - Noncitizen Status Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An individual who must meet noncitizen status requirements
				under OAR 461-120-0110, must meet the
				noncitizen status requirements of the program for which they are applying. The
				requirements are listed in sections (2) through (6) of this rule.
(1) For purposes of this chapter of rules,
(a) In all programs, an individual is a
			 "qualified noncitizen" if the individual is any of the following:
(A) An individual who is lawfully admitted
			 for permanent residence under the Immigration and Nationality Act (INA)
			 (8 U.S.C.
			 1101
et seq
).
(B) An Iraqi or Afghan individual granted
			 special immigrant visa status (SIV) under section 101(a)(27) of the INA. These
			 individuals are lawfully admitted for permanent residence under the
			 INA.
(C) An individual who is an
			 "Amerasian" who is granted immigration status under
			 section
			 584 of Public Law 100-202; the Foreign
			 Operations, Export Financing, and Related Program Appropriations Act of 1988;
			 as amended by Public Law 100-461. These individuals are lawfully admitted for
			 permanent residence under the INA.
(D) An individual who is admitted to the
			 United States as a refugee under section 207 of the INA (8 U.S.C.
			 1157).
(E) An individual who is granted asylum under
			 section 208 of the INA (8
			 U.S.C. 1158).
(F) An individual who is a "Cuban or Haitian
			 entrant" (as defined in section 501(3) of the Refugee Education Assistance Act
			 of 1980).
(G) An individual who is
			 a "victim of a severe form of trafficking in persons" certified under the
			 Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
			 7101 to
			 7112).
(H) An individual who is a family member of a
			 "victim of a severe form of trafficking in persons" who holds a visa for family
			 members authorized by the Trafficking Victims Protection Reauthorization Act of
			 2003 (22 U.S.C.
			 7101 to
			 7112).
(I) An individual whose deportation is being
			 withheld under section 243(h) of the INA (8 U.S.C.
			 1253(h)) (as in effect
			 immediately before April 1, 1997) or section 241(b)(3) of the INA
			 (8 U.S.C.
			 1231(b)(3)) (as amended by
			 section 305(a) of division C of the Omnibus Consolidated Appropriations Act of
			 1997, Pub. L. No.
			 104-208, 110 Stat. 3009-597 (1996)).
(J) An individual who is paroled into the
			 United States under section 212(d)(5) of the INA (8 U.S.C.
			 1182(d)(5)) for a period of
			 at least one year.
(K) An
			 individual who is granted conditional entry pursuant to section 203(a)(7) of
			 the INA (8 U.S.C.
			 1153(a)(7)) as in effect
			 prior to April 1, 1980.
(L) An
			 individual who is a battered spouse or dependent child who meets the
			 requirements of 8 U.S.C.
			 1641(c), as determined by
			 the U.S. Citizenship and Immigration Services (USCIS).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0130 - Declaration of Citizenship or Noncitizen Status

Current through Register Vol. 63, No. 7, July 1, 2024
An individual required to meet the citizenship and noncitizen
				status requirements of OAR
				461-120-0110 must report the
				individual's citizenship and noncitizen status to the Department. An adult
				member of the filing group or an authorized representative (see OAR
				461-115-0090 and
				461-115-0140) must sign a
				statement under penalty of perjury attesting to this status for each member of
				the filing group.
Statutory/Other Authority: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  412.124 &
				  414.231
Statutes/Other Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  412.124 &
				  414.231
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0210 - Requirement to Provide Social Security Number (SSN)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, an
			 individual is not required to provide or apply for a social security number
			 (SSN) to be included in the
need group
(see OAR
			 461-110-0630) or
benefit
			 group
(see OAR
			 461-110-0750). In these
			 programs, the Department may request that a member of the filing group (see OAR
			 461-110-0310) or
need
			 group
provide an SSN on a voluntary basis.
(2) In the Emergency Assistance (EA) and
			 Temporary Assistance for Domestic Violence Survivors (TA-DVS) programs, an
			 individual must provide their SSN if the individual can.
(3) Except as provided in section (6) of this
			 rule, to be included in the
need group
or
benefit
			 group
in the Oregon Supplemental Income Program Medical (OSIPM) and
			 Qualified Medicare Beneficiaries (QMB) program, an individual must do one of
			 the following:
(a) Provide a valid SSN for the
			 individual
(b) Apply for a number
			 if the individual does not have a valid one and provide the SSN when it is
			 received.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0215 - Illegal Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "illegal activity" means an activity that is illegal under either Oregon
			 law or federal law, or both. For example, working in the marijuana or
			 psilocybin industry is considered an "illegal activity" under this
			 rule.
(2) In all programs, income
			 received from an
illegal activity
(see section (1) of this
			 rule) is considered
countable
(see OAR
			 461-001-0000) income.
(3) In the Temporary Assistance for Needy
			 Families (TANF) Job Opportunity and Basic Skills (JOBS) and Refugee Employment
			 Program (REP):
(a) Support services are not
			 allowed for a participant seeking employment in or engaged in an
illegal activity
.
(b) An
illegal activity
is
			 not counted towards JOBS engagement and may not be indicated as an activity or
			 employment goal in the participant's Personal Development Plan.
(c) For a participant working in an
illegal activity
, activity hours and employment placement may
			 not be documented by the Department.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0310 - Assignment of Support Rights; Not SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In all programs except the SNAP program:
(1) To be eligible for any program funded in
			 whole or in part with federal grants under Title IV-A (TANF) of the Social
			 Security Act, the filing group (see OAR
			 461-110-0310) must assign to the
			 state its right to receive, from any other person, child support that accrues
			 during any time period that the group receives assistance, not to exceed the
			 total amount of assistance paid.
(2) To be eligible for any program funded in
			 whole or in part with federal grants under Title IV-E of the Social Security
			 Act, the filing group must assign to the state its right to receive, from any
			 other person, child support that has accrued or that accrues during any time
			 period that the group receives assistance, not to exceed the total amount of
			 assistance paid.
(3) To be eligible
			 for the OSIPM program, an individual must assign to the state the rights to
			 medical support of the individual, or the rights to medical support of any
			 other individual eligible for medical assistance under the state plan for whom
			 the individual can legally make an assignment.
(4) Cash medical support received by the
			 Department is retained by the Department as is necessary to reimburse the
			 Department for OSIPM program medical assistance payments made on behalf of an
			 individual with respect to whom such assignment was executed. To allow adequate
			 time for reporting and payment of incurred medical services, the Department
			 initiates reconciliation 12 months after termination of OSIPM benefits and
			 subsequently issues any resulting refund to the individual or the individual's
			 legal guardian.
(5) When the
			 Department provides benefits or services for the support of a child who is in a
			 filing group in any program funded in whole or in part with a federal grant
			 under Title IV-A (TANF) or IV-E of the Social Security Act, the right to child
			 support for that child that any individual may have is deemed to be assigned to
			 the state by operation of law.
Stat. Auth.: ORS
				  409.050,
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  412.024,
				  412.049,
				  413.085,
				  414.685
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  411.060,
				  411.070,
				  411.404,
				  412.001,
				  412.024,
				  412.049,
				  413.085,
				  414.025,
				  414.685,
				  659.830,
				  743B.470
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0315 - Medical Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to all applicants for and recipients of medical assistance offered
			 under the state plan.
(2) To the
			 extent that payment for covered expenses has been made under the state medical
			 assistance program for health care items or services furnished to an
			 individual, in any case where a third party has a legal liability to make
			 payments, the state is considered to have acquired the rights of the individual
			 to payment by any other party for those health care items or services. This
			 assignment of rights is automatic in accordance with ORS
			 659.830 and
			 743B.470 and does not require
			 the consent of any individual.
(3)
			 When an individual has long-term care insurance, the individual complies with
			 the requirements of this rule by reducing the Department's share of the
			 long-term care (see OAR
			 461-001-0000) service costs by
			 taking the following actions for the entire period of time that the individual
			 is eligible for Department-covered long-term care services:
(a) For an individual in a nursing facility:
(A) Submitting the necessary paperwork to
			 receive the long-term care insurance payments and designating the long-term
			 care facility as the payee for the long-term care insurance benefits;
			 or
(B) When the insurance company
			 will not pay the long-term care insurance benefits directly to the long-term
			 care facility, submitting the necessary paperwork to receive insurance payments
			 and then promptly turning over the long-term care insurance payments to the
			 long-term care facility upon receipt.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0330 - Requirement to Pursue Assets

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In all programs except the REFM and SNAP programs, an individual must make a
			 good faith effort to obtain any asset (other than support and medical coverage,
			 which are covered in OAR
			 461-120-0340 and
			 461-120-0345, respectively) to
			 which the individual has a legal right or claim, except as follows:
(a) A
parent
(see OAR
			 461-001-0000) or
caretaker relative
(see OAR
			 461-001-0000) who is exempt from
			 participation in the JOBS program is not required to apply for unemployment
			 insurance benefits.
(b) Except as
			 specified by law, an individual applying for or receiving any program benefits
			 from the Department is not required to apply for other programs it administers
			 or for supplemental security income (SSI).
(c) An individual applying for the EA program
			 is required to pursue, obtain, and use an asset only if the asset can be made
			 available in time to meet the emergent need.
(d) An individual is not required to borrow
			 money.
(e) An individual is not
			 required to make a good faith effort to obtain any asset if the individual can
			 show good cause for not doing so. Good cause means a circumstance beyond the
			 ability of the individual to control.
(f) In the REF program, an individual is not
			 required to pursue assets that remain in their country of origin.
(g) An individual is not required to make a
			 good faith effort to obtain an asset if it will put the individual at further
			 risk of current or future
domestic violence
(see OAR
			 461-001-0000).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0340 - Caretaker Relative Required To Help Division of Child Support Obtain Support From Noncustodial Parent; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the TANF program:
(1) For a
filing group
(see
			 OAR 461-110-0310 and
			 461-110-0330) to be eligible for
			 program benefits, except as permitted in section (2) of this rule:
(a) A
caretaker relative
(see OAR 461-001-0000) in a
filing group
(see OAR
			 461-110-0330) not currently
			 receiving TANF must agree to "cooperate with Division of Child Support
			 (DCS)."
(b) A
caretaker
			 relative
in a
filing group
receiving TANF must
cooperate with DCS
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0345 - Requirement to Cooperate with Division of Child Support and Obtain Cash Medical Support; OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
This rule explains the obligation of individuals applying for
				or receiving benefits under the Oregon Supplemental Income Program Medical
				(OSIPM) or Qualified Medicare Beneficiaries (QMB) program to cooperate with the
				Division of Child Support and to obtain cash medical support for any individual
				receiving Medicaid under the state plan for which the individual can legally
				assign rights (see OAR
				461-120-0310).
(1) Unless excused from the requirements of
			 subsection (c) of this section or for
good cause
defined in
			 OAR 461-120-0350:
(a) Individuals must cooperate with the
			 Department and the Division of Child Support of the Department of Justice in
			 establishing the identity of the
parents
(see OAR
			 461-001-0000) of any
child
(see OAR
			 461-001-0000) receiving Medicaid
			 under the state plan for which the individual can legally assign
			 rights.
(b) Individuals must
			 cooperate with obtaining cash medical support.
(c) The Department may not refer a case for
			 medical support enforcement when the referral is based solely on health care
			 services provided through an Indian Health Program to a child who is eligible
			 for health care services from the Indian Health Service.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0350 - Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all programs
			 except the OSIPM and QMB programs, an individual is excused from the
			 requirements of OAR 461-120-0340(1)
			 and 461-120-0345(1)(a)
			 if:
(a) The individual's compliance would
			 result in emotional or physical harm to the dependent child (see OAR
			 461-001-0000) or to the
			 caretaker relative (see OAR
			 461-001-0000). The statement of
			 the caretaker relative alone is prima facie evidence that harm would
			 result;
(b) The child was conceived
			 as a result of incest or rape and efforts to obtain support would be
			 detrimental to the dependent child. The statement of the caretaker relative
			 alone is prima facie evidence on the issues of conception and detrimental
			 effect to the dependent child;
(c)
			 Legal proceedings are pending for adoption of the needy child; or
(d) The parent is being helped by a public or
			 licensed private social agency to resolve the issue of whether to release the
			 child for adoption.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0510 - Age Requirements for Individuals to Receive Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the year of an individual's birth is
			 known but the month is unknown, the month of birth is presumed to be July. If
			 the date of birth is unknown, the date of birth is presumed to be the first of
			 the month.
(2) To be eligible for
			 the Temporary Assistance for Needy Families (TANF) program:
(a) A
dependent child
(see
			 OAR 461-001-0000) --
(A) May not be
legally
			 married
(see OAR
			 461-001-0000),
legally
			 married
and separated, or legally emancipated; and
(B) Must be under 18 years of age; or under
			 19 years of age and
regularly attending school
(see subsection
			 (c) of this section) full time, as determined by the school.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 461-120-0630 - Requirement to Live with a Caretaker or Caretaker Relative

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  412.006 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  412.006 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  412.006 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404,
				  412.006 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.300,
				  411.404,
				  411.632,
				  412.006 &
				  412.024
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.081,
				  411.085,
				  411.300,
				  411.404,
				  411.632,
				  412.006,
				  412.024 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0060 - 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 461-125-0090 - 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 461-125-0110 - 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 461-125-0120 - 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 461-125-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  412.049, 412-114
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.117,
				  411.404,
				  412.049,
				  412.114
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0150 - Determining Primary Wage Earner (PWE); TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.400,
				  412.006,
				  412.016,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  412.006,
				  412.016,
				  412.049,
				  412.064, 2011 Or. Laws 604, 2012
				  Or. Laws 107
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 125 - BASIS OF NEED › Section 461-125-0190 - 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