Oregon Administrative Code

461-135-0340 Work Requirements; EA 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…

461-135-0350 Eligible People; EA 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)(a)(B) or (C)), or the mother of an unborn child whose pregnancy has reached the calendar month before the…

461-135-0475 Specific Requirements; Pre-TANF Program (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 de…

461-135-0485 Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program; Pre-TANF and TANF (1) As used in this rule: (a) "Employability screening" means the form or forms the Department (see OAR 461-001-0000) has designa…

461-135-0491 Disaster Supplemental Nutrition Assistance Program (DSNAP) (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) T…

461-135-0492 Application, Interviews, and Verification for DSNAP (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 reque…

461-135-0493 Eligibility and Benefit Amount for DSNAP (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 t…

461-135-0494 DSNAP Treatment of Households Already Certified and Receiving SNAP Benefits (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. (…

461-135-0495 Recertifications for DSNAP (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; …

461-135-0496 Hearings for DSNAP (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…

461-135-0497 Household Liability in the DSNAP (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 461-19…

461-135-0505 Categorical Eligibility for SNAP (1) Individuals and categorical eligibility. (a) Except as provided under section (c) of this section, an individual is categorically eligible for SNAP benefits: (A) Under original Categorical Eligibility (CE) regulations: (i) When th…

461-135-0506 Transitional Benefit Alternative (TBA) in the SNAP Program (1) This rule establishes the transitional benefit alternative (TBA). An individual participating in TBA continues to receive Supplemental Nutrition Assistance Program (SNAP) benefits without reduction during…

461-135-0510 Residents of Institutions; SNAP Residents of institutions that provide more than 50 percent of three daily meals as a part of the normal services of the institution are ineligible for SNAP benefits, unless they fall into one of the following five exceptions to this r…

461-135-0520 Time Limit and Special Requirements for ABAWD; SNAP This rule establishes the time limit and special requirements for receipt of Supplemental Nutrition Assistance Program (SNAP) benefits for certain adults. (1) Unless the context indicates otherwise, the following de…

461-135-0521 Job Quit by Applicants; SNAP (1) An applicant who is required to meet the SNAP employment and training requirements in OAR 461-130-0305 and 461-130-0315, who voluntarily and without good cause (see OAR 461-130-0327) quits a job or reduces the weekly number of hours o…

461-135-0530 People in Adult Foster Care (AFC) and Boarding Houses; SNAP (1) Residents of commercial boarding houses are not eligible for SNAP benefits. A person operating the boarding house and his or her filing group may receive benefits separate from the residents. Commercial …

461-135-0560 Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision; REF, REFM, SNAP, and TANF Retroactively effective July 6, 2020: (1) An individual is ineligible for the REF, REFM, SNAP, and TANF programs if the individual is a fleeing felon or in violat…

461-135-0570 Eligible and Ineligible Students; SNAP (1) For the purposes of this rule and OAR 461-001-0015, "higher education" refers to the following: (a) Public and private universities and colleges and community colleges that offer degree programs regardless of whether a high …

461-135-0575 SNAP Expedited Services In the SNAP program: (1) For purposes of this rule, "liquid resources" includes cash on hand, a checking or savings account, a savings certificate, and a lump sum payment. (2) An applicant is screened for expedited services except when a filin…

461-135-0580 Prepared Meals; SNAP The following SNAP recipients and their spouses may use SNAP benefits to purchase meals prepared for them and delivered to them by a nonprofit meal-delivery service authorized by the United States Department of Agriculture: (1) People age 60 or o…

461-135-0590 Communal Dining; SNAP For SNAP, recipients age 60 or over and their spouses, and those receiving SSI and their spouses, may use SNAP benefits issued to them to purchase meals prepared especially for them at communal dining facilities authorized by the United States D…

461-135-0610 Meal Providers for Homeless Individuals; SNAP Homeless SNAP recipients may use their SNAP benefits to purchase prepared meals from meal providers who are certified by the state and authorized by the United States Department of Agriculture to accept SNAP benefits from…

461-135-0660 SNAP; Pandemic This rule applies to the Supplemental Nutrition Assistance Program (SNAP) and is reserved for use in case of a pandemic. Statutory/Other Authority: ORS 411.060, 411.070, 411.121, 411.816 & ORS 409.050 Statutes/Other Implemented: ORS 409.010, ORS 411.06…

461-135-0665 SNAP; Federal Changes This rule applies to the Supplemental Nutrition Assistance Program and is reserved for use for federal changes. Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.121 & ORS 411.816 Statutes/Other Implemented: ORS 409.050, …

461-135-0700 Specific Requirements; General Assistance (GA) (1) For purposes of this rule, referring to an individual’s housing circumstances as "homeless" means any of the following: (a) The individual does not have a fixed or regular nighttime residence. (b) The individual prov…

461-135-0701 Terminate GA and GAM Programs October 1, 2005; Reinstate GA July 1, 2016 (1) Effective October 1, 2005, funding for the General Assistance (GA) and General Assistance Medical (GAM) programs was discontinued. These programs closed, effective October 1, 2005. (2) Effec…

461-135-0708 Criteria for Developing a Plan for Self-support; Medicare Savings Programs and OSIPM (1) An individual and the Department may develop a plan for self-support for Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM) f…

461-135-0725 Specific Requirements; OSIPM-EPD (1) To be eligible for the Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD) program, an individual must meet all of the following: (a) Have a disability, as defined in OAR 461-125-0370. (b) H…

461-135-0726 Specific Requirements; OSIPM-ICP To be eligible for OSIPM-ICP (Independent Choices Program), a person must meet criteria for In-Home Services and the Independent Choices Program contained in OAR Chapter 411, Division 030. Statutory/Other Authority: ORS 411.060 Statut…

461-135-0730 Specific Requirements; QDWI, QI, QMB, SLMB (1) The following requirements apply to the Qualified and Disabled Individual (QDWI) program: (a) To qualify for QDWI, an individual must be eligible for Part A of Medicare as a qualified worker with a disability under Secti…

461-135-0745 Eligibility for Individuals in Acute Care Settings; OSIPM An individual in an acute care hospital or nursing facility is evaluated for Oregon Supplemental Income Program Medical (OSIPM) as follows: (1) The individual must meet all non-financial eligibility requiremen…

461-135-0750 Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care In the OSIPM program, an individual who does not meet the income requirements for OSIPM under sections (3) or (5) of OAR 461-155-0250 and who meets the following requirements is sub…

461-135-0755 Individuals Eligible for 1915(i) State Plan Home and Community-Based Services; OSIPM In the OSIPM program, an individual who meets all of the requirements below is subject to the OSIPM income limit specified in OAR 461-155-0250(6): (1) The individual has been assesse…

461-135-0771 Eligibility for OSIPM Under December 1973 Supplemental Security Income Eligibility (1) An individual is eligible for OSIPM if the individual was eligible for Supplemental Security Income (SSI) in December 1973. (2) An individual is eligible for OSIPM if the individua…

461-135-0780 Pickle Amendment Clients; OSIPM In the Oregon Supplemental Income Program Medical (OSIPM): (1) The countable (see OAR 461-001-0000) Social Security Benefits (SSB) income of an individual is determined according to sections (2) to (4) of this rule if the individual me…

461-135-0790 Eligibility for People in an Institution Since 1973; OSIPM A client living in an institution is eligible for OSIPM even if his or her income exceeds 300 percent of the full SSI payment standard for a person living alone if: (1) The client has continuously met the SSI…

461-135-0800 Eligibility for 1972 COLA Clients; OSIPM A client is eligible for OSIPM if he or she meets all eligibility requirements except that his or her income exceeds the income limit because of an SSB cost-of-living increase in July 1972, and if: (1) The client was entitled …

461-135-0820 Eligibility for Widows and Widowers; OSIPM A widow or widower receiving Title II benefits from the Social Security Administration claim of a deceased spouse or deceased former spouse is eligible for OSIPM if the individual meets all of the following requirements: (1)…

461-135-0830 Eligibility for Disabled Adult Children; OSIPM An individual is evaluated for OSIPM as a Disabled Adult Child if the individual meets all of the following requirements: (1) The individual is age 18 or older. (2) The Social Security Administration has determined that …

461-135-0832 Estate Administration; Definitions Effective July 18, 1995, for purposes of these rules (OAR 461-135-0832 to 461-135-0847) and ORS 93.268, 410.075, 411.620, 411.630, 411.694, 411.708, 411.795, 416.310, 416.340, and 416.350 the terms listed below have the meanings asc…

461-135-0833 Burial Expenses (1) The Department of Human Services has determined that a plain and decent funeral and disposition of the remains of a decedent can be arranged for an average cost of $6,000. This cost includes all professional services and merchandise. Preparation o…

461-135-0834 Delivery of Required Notices to the Estate Administration Unit (1) A person required by ORS 93.268, 113.038, 113.145, 114.525, 115.003, 116.093, or 130.370 to send notice to the Oregon Department of Human Services or Oregon Health Authority must send or deliver the n…

461-135-0835 Limits on Estate Claims (1) The Estate Administration Unit is designated and authorized to administer the estate recovery program for the Oregon Health Authority and the Department of Human Services, and to present and file claims for payment. The Manager and Assista…

461-135-0837 Administering Medicaid Estate Claims When the Recipient of Assistance was a Native American Indian or Alaskan Native Village Tribal Member (1) When the Department has a claim against the Estate of a deceased Native American Indian or Alaskan Native Village tribal mem…

461-135-0838 Administering Estate Claims (1) When the Department has a claim against the estate of a deceased person, EAU will be responsible for recovering the claim from the estate. (2) EAU may take necessary action to identify or otherwise preserve assets so they will be avail…

461-135-0839 Title to Real and Personal Property (1) The Seniors and People with Disabilities Division may take title to real and personal property in performing its duties under ORS 411.630, 411.795, 412.600, 413.200, 414.105, and 416.310. Title shall be taken in the name of the…

461-135-0841 Undue Hardship Waiver Criteria (1) The Department may waive enforcement of any estate recovery claim if it finds that enforcing the claim would result in an undue hardship to the beneficiaries, heirs, or family members of the deceased client claiming entitlement to r…

461-135-0843 Establishing Legal Title, Interest or Form of Ownership (1) Effective July 18, 1995, The Legal Title to or other Interest of a Person in Real or Personal Property or other Assets shall be presumed to be that set forth in any Ownership Documents. The presumption raise…

461-135-0844 Procedures for Applying for Undue Hardship Waiver In connection with a request for an undue hardship waiver under OAR 461-135-0841: (1) The Department will provide written notice of the hardship waiver rules to: (a) The personal representative or other person handlin…