Oregon Administrative Code

461-115-0690 Verification For SNAP Expedited Service; Time Limits 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 S…

461-115-0700 Required Verification; GA, Medicare Savings Programs, and OSIPM For General Assistance (GA), Medicare Savings Programs (see (OAR 461-001-0000), and Oregon Supplemental Income Program Medical (OSIPM): (1) All eligibility (see OAR 461-001-0000) factors, including ident…

461-115-0704 Required Verification of Citizenship and Noncitizen Status; Medicare Savings Programs and OSIPM This rule describes the requirements for verifying citizenship and noncitizen status for Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Pr…

461-115-0715 Required Verification; SFPSS 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. Statutory/Other Authority: ORS 411.0…

461-120-0010 Residency Requirements (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 am…

461-120-0030 State of Residence for an Individual in a Medical Facility In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, the residency of an individual living in a state or…

461-120-0050 Incapable of Stating Intent to Reside; Medicare Savings Programs, OSIPM, REFM In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, an individual is presumed to be …

461-120-0110 Citizenship and Noncitizen Status Requirements (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…

461-120-0125 Noncitizen Status Requirements 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 …

461-120-0130 Declaration of Citizenship or Noncitizen Status 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…

461-120-0210 Requirement to Provide Social Security Number (SSN) (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-…

461-120-0215 Illegal Activity (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 a…

461-120-0310 Assignment of Support Rights; Not SNAP 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 t…

461-120-0315 Medical Assignment (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 ser…

461-120-0330 Requirement to Pursue Assets (1) For all programs except Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), Refugee Assistance Medical (REFM) and Supplemental Nutrition Assistance Program (SNAP), an individual must m…

461-120-0340 Caretaker Relative Required to Help the Oregon Child Support Program Obtain Support; TANF (1) For the purposes of this rule, the following definitions apply: (a) “Cooperate with the Oregon Child Support Program” means make a good faith effort (see subsection (b) of t…

461-120-0345 Requirement to Cooperate with the Oregon Child Support Program and Obtain Cash Medical Support; Medicare Savings Programs, OSIPM This rule explains the obligation of individuals applying for or receiving benefits under the Medicare Savings Programs (see OAR 461-001-0…

461-120-0350 Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support (1) In all programs except Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM),…

461-120-0510 Age Requirements for Individuals to Receive Benefits (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…

461-120-0630 Requirement to Live with a Caretaker or Caretaker Relative (1) Except as provided otherwise in OAR 461-135-1200, to be eligible for the TANF program, a dependent child (see OAR 461-001-0000) must live with a caretaker relative (see OAR 461-001-0000). The Department m…

461-125-0150 Determining Primary Wage Earner (PWE); TANF (1) The primary wage earner (PWE) is the parent who earned the most money in the 24 months before requesting assistance. (2) Once a parent is determined to be the PWE, their status cannot change while the family remains con…

461-125-0260 Impairment Criteria; SFPSS (1) To be eligible for the SFPSS program, an individual must be receiving TANF benefits and the Department has determined that the individual: (a) Meets the listing of impairments found in 20 C.F.R. Part 404, Subpart P, Appendix 1; or (b) M…

461-125-0310 Basis of Need; OSIPM In the OSIPM program, an individual must be one of the following: (1) Blind (see OAR 461-125-0330) at any age (AB). (2) Age 65 or over (see OAR 461-125-0350) (OAA). (3) An individual with a disability (see OAR 461-125-0370) (AD). Statutory/Other …

461-125-0330 Blindness as the Basis of Need In the OSIP and OSIPM programs, an individual is considered blind if any of the following is true: (1) The individual is receiving SSB or SSI benefits based on blindness. Eligibility continues as long as eligibility for SSB or SSI eligi…

461-125-0350 Old Age as the Basis of Need; OSIP and OSIPM Only a person who has attained the age of 65 years may be eligible for the OSIP-OAA or OSIPM-OAA program. Statutory/Other Authority: ORS 411.060, 411.070, 411.404 & 411.706 Statutes/Other Implemented: ORS 411.060, 411.070,…

461-125-0370 Disability as the Basis of Need (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 S…

461-125-0810 Using Administrative Medical Examinations OSIPM blindness, or TANF incapacity, the client may select a qualified medical provider to complete the medical evaluation described in OAR 461-125-0830. (2) A decision to deny or end benefits must be reconsidered when additi…

461-125-0830 Medical Documentation; Disability and Other Determinations (1) Medical documentation must be written and must contain all the following: (a) A diagnosis in medical terminology, including an explanation of whether the impairment limits the individual's ability to perf…

461-130-0305 General Provisions; Employment Programs (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…

461-130-0310 Participation Classifications: Exempt, Mandatory, and Volunteer (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-…

461-130-0315 Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF 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, RE…

461-130-0327 Good Cause In a Department program administered under OAR 461-130-0305 to OAR 461-130-0335 and OAR 461-135-0085 and OAR 461-135-0089: (1) The Department does not require a participant to provide verification of "good cause" if providing the verification would expose …

461-130-0328 Effect of Strikes (1) For the purposes of this rule, "striker" means anyone participating in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) or any concerted slowdown or other…

461-130-0330 Disqualifications; REF, SNAP, TANF (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,…

461-130-0335 Removing Disqualifications and Effect on Benefits (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, SNA…

461-135-0010 Assumed, Continuous, and Protected Eligibility; Medicare Savings Programs, OSIPM (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 assu…

461-135-0070 Specific Requirements; TANF (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 payment…

461-135-0071 TANF Time Limit; General Provisions (1) Except as provided in OAR 461-135-0073 and 461-135-0075, a minor parent (see OAR 461-001-0000) head of household or needy caretaker relative (see OAR 461-001-0000) may not receive a TANF grant in Oregon if the minor parent head…

461-135-0073 TANF Time Limit; Extension Criteria (1) Effective April 1, 2016, a minor parent (see OAR 461-001-0000) head of household or needy caretaker relative (see OAR 461-001-0000) who has reached the 60-month time limit in OAR 461-135-0071 may receive an extension of benefit…

461-135-0075 TANF Time Limit; Exemptions (1) The following months do not count toward the accrual of the time limit in OAR 461-135-0071: (a) Months prior to July 1, 2003 in which a minor parent (see OAR 461-001-0000) head of household or an adult received a TANF grant in Oregon o…

461-135-0080 TANF Eligibility for Minor Parents To be eligible for TANF, a minor parent applying for benefits for his or her child must live with the minor's parent, parents or legal guardian unless it is unsafe or impractical for the minor parent to live with those individuals. …

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 In the TANF program: (1) For the purposes of this rule: (a) "Assessment for substance abuse" means a…

461-135-0087 Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements For the TANF and REF programs, a client has good cause for missing a scheduled appointment or for any other failure to comply with the requirements imposed under OAR 461-135-0085 if t…

461-135-0089 Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits; TANF In the TANF program: (1) The disqualification penalty imposed under OAR 461-135-0085 ends, and cash benefits are restored, on the date any of the following occ…

461-135-0200 Multiple Disqualifications; TANF (1) This rule describes the method for calculating the net TANF benefit when a client's benefits are affected by the penalty provided in division 130 of this chapter of rules for failure to comply with the requirements of a case plan …

461-135-0220 REF, REFM, and TANF Programs; Pandemic This rule applies to the REF, REFM, and TANF programs and is reserved for use in case of a pandemic. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.064 Statutes/Other Implemented: ORS 409.010, 4…

461-135-0300 Eligibility for and Needs Covered by EA Emergency assistance is available for food and shelter needs of financial groups. To be eligible for EA, a financial group must have a shelter or food need that was caused by natural disaster or that resulted from the financial…

461-135-0301 Closure of the Emergency Assistance (EA) Program Effective May 1, 2004 (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 …

461-135-0310 Covered Shelter Needs; EA 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, i…

461-135-0320 Time Limits; EA (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 m…